What's new at DZP?
The municipal waste incineration plant in Poznan is the first project in Poland (and one of the first in Europe) to be carried out by way of a public-private partnership which received EU funding. The European Commission took a decision to provide EUR 80 million funding for the project. The Commission’s decision confirmed that it is possible to carry out hybrid PPP projects (i.e. combining private and EU funds) and a well-prepared project can count on a positive assessment not only from investors (and banks) but also from EU officials.
It is worth remembering that the project was structured in such a way that the European Commission’s decision to award the subsidy (or ultimately to specify the subsidy amount) did not delay the investment process.
NB: the PPP contract between Poznan and the company Sita Zielona Energia was concluded in April 2013. Moreover, the private partner had to provide the entire funding for the project at the bid submission stage – regardless of the final amount of the EU funds. This solution gave Poznan assurance that the investment would be carried out and that the construction process would not be delayed due to lack of funding. Given the pace of the work in Poznan it seems that the incineration plant will start operating even before the start date planned in the PPP contract.
DZP was the City of Poznan's legal adviser on the project, including preparing the legal structure and model whereby a PPP benefits from an EU subsidy. Magdalena Zabłocka, attorney-at-law and Senior Associate in DZP's Infrastructure and Energy Practice, was responsible for the legal advisory.
From 25 May 2018 the General Data Protection Regulation (GDPR) applies in Poland and other European Union countries. We would therefore like to give you several details on the subject of how DZP processes personal data.
The administrator of the personal data is Domański Zakrzewski Palinka Sp.k. (“DZP”; address: Rondo ONZ 1, 00-124 Warszawa). Data are processed for contact purposes and to impart information on changes to provisions and authority practices and on other issues, including events concerning day-to-day legal, economic and cultural issues, inter alia, by sending DZP newsletters. The above is carried out on the basis of legitimate interests, i.e. in accordance with art. 6(1)(f) of the GDPR. Data can also be processed where necessary for the conclusion or performance of a contract and for compliance with a legal obligation to which DZP is subject, i.e. pursuant to art. 6(1)(b) and (c) of the GDPR. Data can be transferred to entities with whose help DZP achieves the indicated aims, including entities maintaining IT infrastructure. Giving data is voluntary and in contractual relations is a requirement for concluding and performing a contract. It is possible to object to data processing, request access to, rectification and erasure of personal data or restriction of processing and data portability. Data are kept until an objection is made, and in contractual relations – throughout the term of the contract and thereafter for a period specified in provisions on archiving and limitations period for claims. Anyone has the right to file a complaint with the President of the Personal Data Protection Office. Questions concerning privacy at DZP can be sent to DZP’s Data Protection Inspector, Macieja Maciejewskiego, at: firstname.lastname@example.org.
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