This presentation was made by Gabriele Pasquini and Marco Tranquilli, Italy, at the 10th annual meeting of the OECD Network of Senior PPP and Infrastructure Officials held at the OECD Headquarters, Paris, on 21 March 2017

1. 1
Public Private Partnerships in Italy
Legislative and Regulatory Framework: Recent Reforms
10th Annual Meeting of Senior PPP Officials
21 March 2017, OECD Conference Centre, Paris
Gabriele Pasquini
Head of Secretariat, PPP and Public Infrastructure Regulation Unit
Marco Tranquilli
PPP/PF Expert, PPP and Public Infrastructure Regulation Unit
Presidency of the Council of Ministers
Department for Planning and Coordination of Economic Policy

2. 2
Department for Planning and Coordination of Economic Policy: Focus on PPP and Regulation
Article. 1, par 589, Law no. 208/2015 (“Stability Law” 2016) has attributed new PPP functions to the Department for Planning and Coordination of
Economic Policy
Educational Role
Promoting PPP techniques
Developing a PPP
Methodology
Identifying workable PPP
process
Large Database on PPPs
Assistance Role
PPP assistance for central and
local administrations
From the identification of
suitable projects to the
evaluation of offers
Multidisciplinary skills and
expertise
“Policy Making” Role
Improvement of legal
framework
“Best practices”
(standardization of practices
and contracts)
Regulatory Role
Assistance to the Public
Infrastructure Regulation Unit
which produces opinions and
recommendations to the
Interministerial Committee for
Economic Planning, especially
on long term contracts and
tariffs regarding public
infrastructure projects.
According to the 2016 reform DIPE task force is organized as follows:
• up to 18 Experts
• Head of Secretariat as Executive Director of DIPE task force
Gabriele Pasquini Marco Tranquilli
New competences for the Department for Planning and Coordination of Economic Policy
Public Private Partnerships and Regulation

3. 3
DIPE task force main activities are:
Organisation and provision of technical, legal and financial assistance for public administrations; promotion and dissemination of financing
techniques via private capitals. Such support is referred to all PPP schemes and over all procedural phases on free basis;
Identification of activity sectors eligible for financing through private resources, as well as detailing and itemising technical, juridical and
financial specificities within each sector;
Support to the awarding authorities during the tender process;
Monitoring PPP primary and secondary legislation;
Participating in consultations at EU level on relevant issues on PPPs;
Activating cooperation with institutions, bodies and associations operating in sectors relevant for DIPE activity;
Providing support to evaluation of interventions subject to NARS and CIPE.
Gabriele Pasquini Marco Tranquilli
New competences for the Department for Planning and Coordination of Economic Policy
Public Private Partnerships and Regulation

4. 4
DIPE task force in 2016:
- 11 regulatory opinions and recommendations on long term
contracts and tariffs regarding large infrastructure projects;
- Amount of pluriannual infrastructure investment: around 2,7
BLN EUR for large infrastructure projects;
- 26 legal and financial opinions and recommendations to local
authorities on PPP projects (small and medium infrastructure
projects).
Gabriele Pasquini Marco Tranquilli
New competences for the Department for Planning and Coordination of Economic Policy
Public Private Partnerships and Regulation

5. 5
Relevant Ministries
Presidency of the Council of Ministers – Department for
Planning and Coordination of Economic Policy
Interministerial Committee for Economic
Planning (‘CIPE’)
Other Ministries
Government
Relevant Ministries
Stakeholders
Relevant Ministries
PROPOSAL
ASSESSMENT
DECISION
IMPLEMENTATION
MONITORING
LEGEND
mandatory flow
optional flow
PCM – DIPE: Cipe Office
NARS: Public Infrastructure Regulation Unit
Large Infrastructure Projects: the Decision-Making Process
Gabriele Pasquini Marco Tranquilli

6. 6
PPP Development in Italy: The Legislative Framework - Where We Are
Legislative Decree n. 50/2016
New Public Contracts Code
18 April 2016
Legislative Decree n. 163 /2006
(Public Contracts Code 2006-2016)
“Merloni” Law
(1994 - 2006)
Gabriele Pasquini Marco Tranquilli

7. 7
Legislative Decree n. 50/2016
a)The duration is limited and determined on the basis of the works or
services requested;
b)The duration cannot exceed the period that the private partner is
expected to take to recover the investments made in operating the
works or services together with an adequate return on invested
capital.
The Italian Public Contracts Code (2016): the Duration – PPP/PF
Gabriele Pasquini Marco Tranquilli

8. 8
The Italian Public Contracts Code (2016): the Importance of the Business Plan – PPP/PF
Economic convenience Financial sustainability
IRR NPV DSCR LLCR
Necessary requirements for the correct risks allocation
Legislative Decree n. 50/2016
Business Plan
and Ratios
Gabriele Pasquini Marco Tranquilli

9. 9
The Italian Public Contracts Code (2016): the Public Grant – PPP/PF
Investment
grants
Guarantees Loans, etc.
Investment Cost
DurationBusiness Plan
(to be jointly considered)
Gabriele Pasquini Marco Tranquilli
LIMIT
Legislative Decree n. 50/2016

10. 10
Gabriele Pasquini Marco Tranquilli
Thank you!
Don’t hesitate to contact us at:
g.pasquini@governo.it
m.tranquilli@governo.it