A total of 332 77 come from local communities

What is the rule when the systematization of exceptions the empty of meaning Since the beginning of the 2000s, more and more money various cut was in the public "MOP" master of work law passed in 1985. A series of major projects are or will soon be the object of public-private partnerships (PPPs) and more specifically of partnership contracts. Conversely, the Museum of the Confluences in Lyon (160 million) as the Philharmonie de Paris (more than 200 million euros) will be built on public funds. While the line high speed Tours-Bordeaux just be attributed to da Vinci, designated dealer for over thirty-five years, alongside AXA Private Equity and the Caisse des Dépôts et Consignations, débourseront more than 3.5 billion euros. Then, PPP Delegation of public service Act MOP Presiding at these choices Do the owners by economic interests, ideology, attachment to a complex architectural project or pragmatism "It is logical that there be no logic, think Stéphane Braconnier, Professor of law at Paris II.". On reasons not by groups of projects, but according to a prior evaluation to demonstrate that a departure from public control of book is justified. "By the complexity of the works to build by the urgency of the need, by the economy carried out, said the order of 2004 promoting the diversification of the control mode, specifying however that"the criterion of the deferred payment cannot alone constitute an advantage ". But for this reason, especially - the replacement of an initial investment and cost of maintenance per rent spread over twenty-five years or more - than communities, like the State, more and more often have recourse to these montages, entrusting to private actors the financing and operation of buildings and public works. They see in time spending cumbersome for annual public budgets, to defer the debt and some communities, fund credit of investments that they can no longer afford.

Negative banking context

Before the caution of banks cooled by the crisis, February 2009 stimulus Act provides certain projects the State guarantee and funding facilitated by the saving funds of the Caisse des Dépôts and Consignations and those of the European Investment Bank. "It was a little ambitious to rely on the aid, said François Lichère, Professor of law at the University of Aix-Marseille and consultant to law firms in the preparation of PPP contracts." The financial risk is carried by project companies, assembled for the occasion, which borrow 90 funding, the tool is therefore made to operate in favourable banking contexts. . The new deal to complete already bootstrapped projects, like the Zoo de Vincennes, which hoquetait since 2006, but not to start new. Credit Foncier continued to work on some twenty transactions. Pierre Sorbets, head of the public sector at the bank HSBC France, recognizes the additional financial cost due to higher prices of credit... "We are only some 60 projects signed and started, tempers François Lichère, we have very little recoil to judge their actual effectiveness in terms of investment and operating costs. Only delivered buildings are prisons in 2009, which were the subject of criticism on the functionality and quality of the sites.

Our European neighbours, the United Kingdom in the lead, with the experience of hundreds of PFI (private finance initiative"), have a few lengths ahead and reasons to lift the foot: the savings compared to conventional mounting - main reason justifying the use of these contracts n ' would only reach 5-10 on average, against 20-25 expected. Some operations would be even more expensive, pushing the British Government to deter the communities to use for transactions of less than 20 million pounds. By France, specialists believe little tool less than 50 million euros of investment. About 60 of the projects - not yet assigned - are however of less than 30 million, according to the statistics of the support Mission for public-private partnerships (MAPPP). A total of 332, 77 come from local communities. "We may meet difficulties too small works: they cost too much to mount or well find investors willing to bear risk", said a banker. A school of barely 10 million project has thus overturned funding: its owner, a commune of Seine-Saint-Denis, who was found to be insolvent, even to pay annual rents. The Organization of the consultations is expensive: several tens of thousands of euros engulfed in previous studies, several million in the competitive dialogue prior to the delivery of the final offer. In the case of the project of the Ministry of defence to Balard in Paris 15earrondissement, the three groups in the running, each led by one of the majors of the MGB, Bouygues, Eiffage and Vinci, presented three projects developed for almost a year. At the end of a first judgment and the accuracy of the program, they will have to refine their proposal for a small year. The designated recipient must take the time to write contracts by an army of lawyers before starting the work, perhaps by 2012. This kind of editing is not possible for small projects. It generalises in contrast to the major works, which invariably face the three French leaders of the construction in France.