CONCESSIONS TREATMENT AGENCY ALBANIA

Transcription

1 PUBLIC PRIVATE PARTNERSHIP AND CONCESSIONS IN ALBANIA LEGAL AND INSTITUTIONAL FRAMEWORK CONCESSIONS TREATMENT AGENCY ALBANIA Erion Mata Director Directory of Identification and Promotion of Concessions CONCESSION TREATMENT AGENCY

2 PPP Legislative History in Albania PPPs in Albania have been implemented since 1992, after post-communist period in a large scale and proper principles: Privatization of enterprises; Public Procurement Contracts, executed under the law on public procurement no. 7971/1995 Concession Contracts, executed under the law on concessions and participation of the private sector in public infrastructure no. 7973/1995; Others such as lease, usufruct or other models on property use. Private Public Partnership Works &Services Contracts Management & Maintenance Contracts Operation & Maintenance Concessions Build Operate Transfer Concessions Full Privatization Low Extent of Private Sector Participation High

3 Introduction to a new legal framework The approval for a new legal framework become necessary for provision of: A serious private investment participation on public sector; Transparency, efficiency, non-discrimination and equal treatment of the private sector during the bidding procedures. Growth of efficiency on public investments. Creation of a solid base regarding the successful implementation of concession projects. Competitive dialogue and requirement of potential financial analysis before entering into the project.

4 Legislative development On 2006, the ministry responsible for the economy, with the assitence of IFC and local legal consultancy, started to work on a new project which scope was strengthening of the institutional capacity within the Government of Albania in order to process and award concessions in a transparent and effective manner. Law On concessions, no. 9663, dated (amended); DCM, No. 27, dated On the adoption of the rules for the evaluation and granting of concessions (amended); DCM, No. 150, dated On organization and functioning of ATRAKO Concessions Treatement Agency.

5 Expectations from the Legislative development Any concession project is subject to competitive bidding procedures that implies a more efficient construction of the project by the private sector; additional revenue generation by the private sector; creative and innovative solutions to technical problems in the project; faster delivery of the project; life-cycle optimization of the project(integration of design, build, finance and maintenance). Unsolicited proposals coming from the private sector are evaluated in conformity with the public interest, sectorial strategic plans and the best value for money principles. Exemptions from the above rules are applied on national security projects or for short period of time in case an actual concession contract has been early terminated, by the Contracting Authority.

6 Concept of Concessions The New Concession Law defines a concession as the agreement between the Private Sector and Contracting Authority and which provides for the terms and requirements, in terms of which the Concessionaire provides an economic activity which would otherwise be carried out by Contracting Authority related to concession project, management contract or other public services. Upon such concept the Private Sector: assumes all or substantial part of risks related to such economic activity; receives a benefit by way of either direct payments paid by or on behalf of contracting authority or tariffs or fees to be charged, received or collected from users or customers or a combination of such direct payments and tariffs or fees.

7 Eligible Sectors for implementation Transport (railway system, rail transport services, ports, airports, roads, tunnels, bridges, parking, public transport); Energy generation and distribution of electricity and heat; Water and water waste sector, water production and distribution, water and wastewater treatment, wastewater collection and distribution, sludge disposal and treatment, irrigation, drainage, dredging, canals, dams; Solid waste collection, transfer or disposal; Telecommunication; Education and sport; Health; Tourism and culture; Prison infrastructure Land reclamation projects, industrial estates, housing, government buildings, IT network and database infrastructure; Natural gas distribution; and Management contract or outsourcing of public services including those related to sectors specified above.

8 The Concessions Agency of Albania - ATRAKO ATRAKO, is established by DCM no. 150, dated , as a legal entity under the competence of the Minister of Economy, enjoying the following competencies : On Strategic Level - to assist in the promotion of concessions in the Republic of Albania in a transparent manner and to ensure an equal and professional approach to concessions by the Contracting Authorities; On Project Level - to assist and advice the Contracting Authorities in: (i) the consideration and evaluation of offers for concession projects, both solicited and unsolicited bids, particularly in relation to their profitability and feasibility; (ii) drafting of the request for offers, pre-bidding documents and other acts related to the bid (including also the Concessionary Contracts); (iii) the evaluation of the offers and announcement of best offer; (iv) the negotiations and the signing of the Concession Contract;

9 The Concessions Agency of Albania to promote the implementation of the best practices in the application of the procedures and rules of Concessions, particularly with regard to the procedure of unsolicited offers. to provide, upon the request of the Contracting Authorities, expertise for monitoring concession contracts and advice for such issues such as amendments, supplements and refinancing of such contracts; to keep a data base for the concession projects under consideration, evaluation or implementaion. to take part and assist with the drafting and unification of standard documents (including contracts), as well as with the methodologies for comparing concession projects. to organize training for the staff engaged in the implementation of concession projects. to organize consultations in the concession field between the private sector and the important actors in this field.

10 Institutional Relations of ATRAKO Council of Ministers Minister of Economy, Trade and Energy Privatization Department Licenses & Concession Department Concession Unit ATRAKO Public Procurement Commission Procurement Advocate State Aid Department Ministry of Finance Contracting Authority

11 Concession Projects Transport: The Ministry of Transport has initiated based on unsolicited proposals procedures on granting a concession regarding : the motorway Thumane Rrogozhine (Launched in 2010) the containers terminal in the port of Durres (Launched in 2010) construction and operation of small marinas. (Launched since 2008) BOT of periodical technical control of vehicles. (Signed in 2009) Administration of public services: the ministry of internal has officially published the contract concession regarding the production of ID-card and Biomethric Passports of the albanian citizens. (Signed in 2008) Financial Control : Ministry of Finance has signed the concession contract for implementation of production and implementation of the control system of Fiscal Stamps.(Signed in 2010) Technology : Ministry Innovation and of Information and Communication Technology is preparing the solicited proposal for concession on National Broadband Network in Albania. (Will be launched at 2011) Agriculture : the ministry of agriculture has signed a concession contract on exploitation of 1000 ha for olive cultivation. (Signed in 2009) Economy: Ministry of Economy,Trade and Energy started the concession procedures for implementation of Free Economic Zone in Shengjin and Spitalle (Launched in 2009)

12 Major Difficulties o o o o Monitoring of Contracts Difficulties of private sector funding. Difficulties found within the administrate. Lack of professional trainings. Needed Support Professional Trainings (ATRAKO) Foreign expertise in technical and financial evaluation of projects. Participation in Experience Sharing and International Conferences

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14 Conclusions At the end, should be emphasised that: There is an increase of interest from the private sector on the participation of the public investments, due to the new legal framework that ensures transparent procedures and guarantees a succesfull implementation of PPP-s.

15 THANK YOU FOR YOUR ATTENTION! Adress: Blloku Vasil Shanto", Rr. Viktor Eftimiu, Tirana, Albania Tel: , Fax: sekretaria@atrako.gov.al website: