It must build a sustainable and balanced partnership

At the time when our Go ernment preparing, ery con eniently, an order to open a new contractual orm, so-called "contract o partnership", which will complement the current panoply o legal instruments based public-pri ate partnerships, it is essential that all actors are mobilized. In our country, as is already o ten the case elsewhere in the world, the company brings actually Go ernment supplement o e iciency and the alle iation o economic weight than the citizen can legitimately expect o a modern State.

It is paradoxical that the rance, which in ented and de eloped better than any other country o the contractual modes between public authorities and businesses contracts o delegated management or public-pri ate partnerships implement, or has not been able to make greater use o such orms o er the past ten years, unlike the obser ed trend in most other countries, rom Europe to China. Today, they are industrial companies most se erely exposed to international competition (car manu acturers, chemists and pharmaceutical companies) who choose more widely the outsourcing o their media unctions and ser ices that are not their core business to impro e their producti ity.

The legitimacy o the State and local communities to organize public ser ices and to per orm essential unctions such as health, education, public policy is undisputed. Is it satis ying to see the rules and administrati e practices continue to apply to the management o peripheral unctions such as the maintenance o the premises, the energy management or restoration In such areas, which better that the company is able to bring the competence, inno ation, e iciency, capacity permanent needs adjustment, and arbitration between in estment and maintenance

Under what conditions, in accordance with what rules, must de elop the contractual mode o delegation Should clearly de ine the role o each o the Contracting Parties, to de elop capacity within the public authorities, to de elop methods or e aluating the e ecti eness o operations, to take into account the real priorities: social constraints, good go ernance, control, and the associations o users and citizens.

The role o the State or the territorial community, as the organizer o the ser ice or the delegated unction, is essential. The local public ser ices Charter pro ides that "the organizing authority role is to delineate the tasks o the local public ser ice and to establish the General rules o organization in the texts in orce and in consultation with the di erent partners concerned." The user is in the centre o the public ser ice, which contributes to the social and territorial cohesion. The sustainable de elopment o the ser ice integrates the relati e sizes to the sa ety, health and en ironment.

It must build a sustainable and balanced partnership. The organizing authorities must ensure human capacities and networks o expertise and jurisdiction, as documentary sources ("benchmarking") that allow them to ully carry out their mission, both in the proceedings o competition and contractual negotiation, as in the control o the operator, or at the end o the contract, thus ensuring the re ersibility o the choice.

The de elopment o methods or assessing the e ecti eness o the operations and management indicators is also necessary or this type o partnership. The only test o the price o the ser ice, where there is generally not su icient to assess the appropriateness o a pro ision whose quality can ary rom a zone to another, or at the time: e eryone knows that the price per cubic metre o water in a rural community without collecti e remediation is much lower than that practiced in a completely equipped town, although such a comparison shows the lesser signi icance.

Taking into account certain categories o population-speci ic social requirements (elderly or disabled persons, indi iduals or amilies in a situation o exclusion, including) must, o course, be incorporated into the problem, that is the de inition o what it is called "uni ersal ser ice", or by speci ic mechanisms, such as those implemented to ensure basic ser ices o waterwaste management, public transport or energy, to the most disad antaged.

The de ice in ol es by otherwise good go ernance o public authorities such as businesses, clear and strict ethical rules, and the de inition o strict procedures or the award o contracts or the required control o the action o the operator, such as those de ined by the legislation rench in 1993 and 1995 relating to delegated management. inally, this building, that it concerns ser ices o economic interest General water, sanitation or energy, or other areas o the public among those mentioned abo e, action can be implemented only by combining the people concerned users, consumers or citizens with its de inition and its objecti es.