Post-privatisation control is the activity relating to the control of the implementation of the buyer’s obligations, undertaken with the privatisation contract.
Post-privatisation control is carried out as follows:
- in the period from 1992 until 2002 – by the bodies under art. 3 of the Law on Transformation and Privatisation of State-owned and Municipal Enterprises (revoked) – the Privatisation Agency and the respective ministries having concluded privatisation transactions;
- in the period from 2002 until 2010 – by the Post-privatisation Control Agency (PPCA) which assumed all rights and obligations in connection with the implementation of post-privatisation control on the concluded privatisation contracts by authorised state bodies pursuant to the Law on Transformation and Privatisation of State-owned and Municipal Enterprises – after 08.11.2002. In its powers under art.19, para. 2, item 2 of the same law the Post-privatisation Control Agency controls the payments under privatisation contracts, in the cases of deferred payment of the purchase price.
After the entry into force of the Law on Amendment and Supplement of the Law on Privatisation and Post-privatisation Control (promulgated in the State Gazette, issue No.105 / 22.12.2006), the Post-privatisation Control Agency controls and accepts all payments under privatisation contracts, including those concluded under the Law on Transformation and Privatisation of State-owned and Municipal Enterprises (revoked).
- in the period from 2010 to the present moment - by the Privatisation and Post-privatisation Control Agency (PPCA), now the Public Enterprises and Control Agency (PECA).
In the fulfilment of its legal powers, PECA carries out ongoing control based on documents and on-site inspections at the privatised sites, as well as performs cross-checks based on information received from competent authorities regarding the fulfilment of obligations undertaken under the privatisation contracts within the time limits determined in the contracts.
The current control on the fulfilment of the Buyers’ obligations under the privatisation contracts ends with findings on the performance, resp. the non-performance of the obligations under the controlled privatisation contracts for each reporting period.
The result of the implemented post-privatisation control is reflected in the section “Public Registers” - Register for the process of post-privatisation control on the website of PECA, created pursuant to the Ordinance on the data subject to entry in public registers, on the process of post-privatisation control by which the data subject to entry in the public registers under the Law on Privatisation and Post-Privatisation Control (LPPC), as well as the procedure for acquaintance with them are identified.
The functions related to the implementation of post-privatisation control on the part of the Agency are regulated in Art. 22 of the Law on Privatisation and Post-privatisation Control and Art. 7 and Art. 9 of the Structural Rules of PECA.