Improving the legal and regulatory framework for PPP systems in South East Europe
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1 UNECE Public-Private Partnership Alliance Improving the legal and regulatory framework for PPP systems in South East Europe Presented by, Izet Bajrambašić Ministry of Communications and Transport of B&H E mail: izet2005@bih.net.ba
2 3 FRAMEWORK FOR INTRODUCING PPP IN STATE ECONOMY Prerequisites for infrastructure PPP project: political, economic, monetary, fiscal and legal Special Government s PPP Programme Specific Government s Agency or Ministry
3 Aligning public sector requirements with private sector expectations Deciding whether to bid Transparency and timeliness Professionalism and political support Realistic risk allocation Sustainable and profitable business Common goals
4 Getting the best out of private finance 1. A clear legislative framework 2. Prioritisation 3. Bankaability 4. A template for future deals 5. Optimising risk transfer 6. Testing vaule-for-many 7. Political support 8. Enhancing the public sector s skill base
5 THE STATE GOVERNMENT DESSISION ABOUT: Strategy of economy development inclouded PPP Method and inensity of PPP promotion Regulatory framework Identification infrastructure sector /transportation/ The priority project /pionir project/ Define way and conditions how could Government support PPP project
6 REGULATORY FRAMEWORK Questions: Which laws must to be changed? Which new specific laws must to be adopted? Which subjects must to be defined? Which subjects must to be remained for negotiation? Time of the implementation previous items.
7 LEGISLATION FIT TO COVER AT LEAST THE FOLLOWING LAWS: Concession law Commercial arbitration law Environmental legislation Intellectual property laws Bankruptcy law Foreign investment law Legislation about indepedent court system Company law Legislation on fiscal system /taxes/ Legislation on technical standards of construction and operation systems Legislation on land use planing /zoning/
8 WHICH LAWS ARE ADOPTED IN BOSNIA AND HERZEGOVINA FOR INTRIODUCING PPP FOR INFRASTRUCTURE: Concession law Yes Commercial arbitration law Yes Environmental legislation Yes Intellectual property laws Yes Bankruptcy law Yes Foreign investment law Yes Legislation about independent court system in process Company law Yes Legislation on fiscal system /taxes/ transforming to VAT Legislation on technical standards of construction and operation systems Yes Legislation on land use planning /zoning/ Yes
9 Different approach to Concession law General law including the basic principles on concession / sectoral specific features have been elaborated in sectoral laws: road, telecommun.,energy.../ General concession law including all sectors Sectoral law including principles on concession The State Policy document ( PFI/PPP )
10 General concession laws include: contents of law a definition of concession state bodies that have jurisdiction preparation of concession transactions procurement concession agreement conncession fees duration of the concession establishment SPV /concession company/ monitoring insurance the concessionar s rights and duties compensation for damages protection of intellectual property etc.
11 Main characteristics of Concession Law of Bosnia and Herzegovina General concession law including all sectors A transparency, no discrimination and clear regulatory framework Good legal framework for FDI in infrastructure sectors Commission for concession s process Maximal cooperation of the Commission to sectoral authorities Very detail tendering process basic on the FIDIC rules Main points for concession contracts
12 The Commission s role in PPP proccess is very important THE MAIN TASKS OF COMMIOSSION - Coordination - Preparation - Promotion - Negotiation - Implementation - Monitoring
13 CONCESSION COMPANY Special Purpose Vehicele SPV the heart of the project financing indepedent legal entity off balance sheet consist of consortium shareholders build, finance and operate the facility for fixed period
14 Haw to make attractive project for Public Private Partership Government s Measures (f.e. Transportation) - donation of the existing property - direct payment /equity, soft loans, grant/ - participation of government in project (construction some of facitites) - giving exlusive rights /shoping, restoraunt, hotels.../ - shadow toll - exstension of conssesion period - facilitate in taxes, interest, influance..
15 Thank you very much
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