Glossary entry

French term or phrase:

délégation de service public (DSP)

English translation:

public service concession

Added to glossary by Martin Hoffman
May 21, 2010 04:41
14 yrs ago
35 viewers *
French term

délégation de service public (DSP)

French to English Other Government / Politics
Per Wikipedia:

En France, la délégation de service public (abrégé en DSP) est l'ensemble des contrats par lesquels une personne morale de droit public confie la gestion d’un service public dont elle a la responsabilité à un délégataire public ou privé dont la rémunération est substantiellement liée au résultat d’exploitation du service. C'est une notion de droit français.

La délégation de service public est le régime le plus fréquent de gestion déléguée des services publics, la collectivité pouvant par ailleurs opter pour une gestion directe du service (on parle alors de gestion en régie).

fr.wikipedia.org/wiki/D%C3%A9l%C3%A9gation_de_service_public

Any suggestions on how to best translate "délégant" and "délégataire" in this context would also be welcome!

Proposed translations

+3
16 mins
Selected

Public service concession

"In the case of a public service concession, a private company enters into an agreement with the government to have the exclusive right to operate, maintain and carry out investment in a public utility (such as a water supply system) for a given number of years."
http://en.wikipedia.org/wiki/Concession_(contract)

"Public service concession: The French State Council rules again on the allocation of ..."
http://www.concurrences.com/article_revue_web.php3?id_articl...

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Note added at 19 mins (2010-05-21 05:01:08 GMT)
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IATE translates "délégant" as delegator or assigner, and "délégataire" as delegate or assignee

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Note added at 1 hr (2010-05-21 05:49:58 GMT)
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"it decided to resort to the public service concession (délégation de service public - DSP) procedure for the construction and management of the installations involved"
http://www.unece.org/env/pp/compliance/C2008-22/communicatio... (page 2)
Peer comment(s):

agree Bourth (X)
1 hr
thank you Bourth !
agree Michel F. Morin : Yes yes yes
1 hr
merci merci merci !
agree Jocelyne S
1 hr
thank you Jocelyne !
neutral Julie Barber : It depends what is it for - if it was for running a government building for example it would be "the outsourcing of public services". Concessions relate specifically to utility/transport networks
6 hrs
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4 KudoZ points awarded for this answer. Comment: "Thanks! In the context of running a telecommunications network, this is definitely the best answer."
1 hr

public service delegation

http://www.epsiplus.net/news/news/psi_re_use_competition_iss...

European Public Sector Information (PSI) Platform

Press release IP/09/1758 dated 20 November 2009 titled: Public procurement: Commission closes infringement procedure against France concerning direct award of concessions to public bodies, as provided for under the 'Sapin Law' states:

“The European Commission has decided to terminate an infringement procedure that it had initiated against France under Article 226 of the EC Treaty relating to a provision of Law No 93-122 of 29 January 1993 (known as the 'Sapin Law') which allowed public entities to award concession contracts to public bodies without prior publicity or competitive tendering. These concession contracts (referred to as 'conventions de délégation de service public' (public service delegation agreements) in French law) relate to a wide range of areas of activity including, for example, water and electricity distribution, waste collection, management of public amenities such as sports fields and swimming pools, etc. and the construction and operation of motorways.

This infringed EU public procurement law by failing to comply with the obligation to ensure the transparency required in order to uphold the principle of equal treatment for all economic operators potentially interested in bidding for a concession contract. This obligation, which must be complied with by the public entity awarding the contract, entails guaranteeing adequate publicity to ensure competitive tendering and monitoring of the impartiality of the contract award procedures.

The direct award of a concession by a public entity to a public body is only justifiable if the contract-awarding public entity exercises control over the public body to which it awards a contract which is similar to the control it exercises over its own departments, and if the public body carries out the bulk of its activities with the controlling public entity. This is known as 'in-house providing' ('contrats de quasi régie' in French). If these conditions are satisfied, public procurement law does not apply, since the concession contract is awarded to a body which, although legally distinct from the awarding public entity, is not regarded as being functionally separate from it.

As part of this procedure, the Commission had sent a letter of formal notice to the French authorities.

In their reply the French authorities acknowledged the need to clarify the legislation in question.

This was achieved with the adoption of Order No 2009-864 of 15 July 2009 which specifies that the exemption allowing a public entity to award a concession contract to a public body without publicity or competitive tendering applies only if there is a relationship between the public entity and the public body which satisfies the 'in-house' criteria.”
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Reference comments

3 hrs
Reference:

need I say more ?

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7 hrs
Reference:

délégataire public ou privé

à un délégataire public ou privé dont

A public or private "service provider" can cover this. Depends on the context, as I've pointed out on other answers! There is lots for this on the net:

Integrated fm offers solutions specifically tailored to meet the needs of FM providers, combining integrated packages with reporting functions for both internal use and to your clients
http://www.integratedfm.com/products_and_services/choosing_t...

Public sector service provider
http://www.integratedfm.com/products_and_services/choosing_t...

outsourcing service providers
http://www.publictechnology.net/sector/central-gov/equaterra...

A history of outsourcing
Putting public services out to tender and handing the contracts to the private sector was once regarded as quintessentially Thatcherite as red braces and Porsches

Outsourcing, as a tool of public sector management, has moved from the margins to the centre.
http://society.guardian.co.uk/microsite/outsourcing_/story/0...
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1 hr
Reference:

As you say

C'est une notion de droit français ...

Unless there are different kinds of arrangements (there are many), I have been known to translate this quite simply as "concession". I've not had to translate délégant and délégataire in this context, but would probably go for "concession authority" and "concessionaire", as in any other kind of concession arrangement.

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Note added at 8 hrs (2010-05-21 13:05:07 GMT)
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Concession vs outsourcing

A CONCESSION is a PRIVATE BUSINESS OPERATED ON ANOTHER'S PROPERTY by contract or permit. Examples of such businesses include food and beverage operations, tennis and golf lessons, driving ranges, pro shops and gift stands, equestrian centers, electronic game arcades, amusement rides, bicycle rentals, vending machines, batting cages, etc. Concessions are governed by state, federal, and local laws, which vary by jurisdiction. The contract terms of the concession vary by entity
http://definitions.uslegal.com/c/concession/

Concession – An arrangement where a PUBLIC SECTOR PARTY (THE GRANTOR) GRANTS RIGHTS TO A PRIVATE SECTOR PARTY (THE OPERATOR) TO PROVIDE PUBLIC SERVICES.
The rights of the operator may include having use of specified assets from which to provide the services, and the right to generate revenue, such as through tolling. The operator will also incur obligations to the grantor, such as to provide the services under specified terms and conditions, and to transfer the rights back to the grantor at the end of the concession period.
http://www.oag.govt.nz/2006/public-private/glossary.htm

An entity (the Concession Ooperator) may enter into an arrangement with another entity (the Concession Providergrantor) to provide services that GIVE THE PUBLIC ACCESS TO major ECONOMIC AND SOCIAL FACILITIES. The Concession Providergrantor may be a public or private sector entity, including a governmental body. Examples of SERVICE CONCESSION arrangements involve water treatment and supply facilities, motorways, car parks, tunnels, bridges, airports and telecommunication networks. Examples of ARRANGEMENTS THAT ARE NOT SERVICE CONCESSION ARRANGEMENTS INCLUDE AN ENTITY OUTSOURCING THE OPERATION OF ITS INTERNAL SERVICES (e.g., employee cafeteria, building maintenance, and accounting or information technology functions).
http://app1.hkicpa.org.hk/ebook/HKSA_Members_Handbook_Master...

Bref, if a local authority has, let's say, Hachette stock and operate its public library (believe me, it will happen), that is a service concession. If the local authority in the next town along operates its public library with its own personnel (librarians) during the day but has the cleaning done of night times by a private contractor, the cleaning has been outsourced.

A concession relates to the "whole shebang", basically, whereas outsourcing refers to a more or less small aspect of that shebang. A municipal authority could have a facility management contractor do practically everything in its properties - cleaning,
catering school dinners, building maintenance, maintenance of parks and gardens, accounting, etc. - which is outsourcing, but the moment every aspect of the operation of a particular facility is entrusted to a private-sector entity, that is a concession arrangement.
Peer comments on this reference comment:

neutral Julie Barber : Bonjour, it's only a concession if it relates to a utility/transport network. If it's a building for example, it's the outsourcing of public services\ I agree with your last para posted above!
5 hrs
If it's the cleaning, maintenance, etc. of the building, yes, but not if it's the operation of the entire building and the service it provides. Examples of "building" concessions are stadia, exhibition halls.
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