Consultation with Member States has begun over a possible Commission Communication setting out guidelines for the application of public procurement law to public private partnerships involving the creation of a separate legal entity. There is no specific legislation dealing with this type of arrangement under the current European directives, however, the Commission’s view based on the case law of the European courts, suggests that the general principles of EC law including transparency, equal treatment, proportionality and mutual recognition would apply. It is expected that the draft Communication will be made available in the next few months.