The path to successful PPP projects

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Policy Dialogue on Infrastructure Financing Strategies for Sustainable Development in North and Central Asia Tbilisi, 7-8 June 2017 The path to successful PPP projects Mr Mathieu Verougstraete Economic Affairs Officer UNESCAP Financing For Development

PPP Definition Long term (relationship beyond construction phase) Contract based Privatization "A long-term contract between a private party and a government agency, for providing public services and/or developing public infrastructure, in which the private party bears significant risk and management responsibility, and remuneration is linked to performance " Source: PPP Reference Guide 2.0 Mobilizing resources Achieving a long-term solutions Transferring risks to the private sector

Other PPP Benefits Long-term solution: quality infrastructure for > 20+ years Construction Traditional Procurement Operation and Maintenance Payment only if performance targets met throughout the length of the contract PPP contract Durable construction Adequate maintenance Efficiency gains Risk transfer: If the project costs more than planned private sector covers the difference 86 % of public infrastructure projects are above budget Source: Flyvpjerg et al. / data: 258 Infra Projects over 1910-2000 (Europe / USA / Japan)

PPP Limitations Not free: users and/or tax payers have typically to pay for the project to be delivered profitably Public guarantees = contingent liabilities: fiscal risk has to be properly assessed and monitored Complex arrangement: high transaction costs / internal capacity constraints / not suitable for all projects (limited flexibility) Private sector capacity to take such long-term commitments / enough competition? Possible public resistance

PPP Track record in the region Resources mobilized Over $ 100 billion mobilized since 1995 (mainly driven by Russian Federation) but limited deal flow in recent years. Few deals in transport except Russia and Georgia / Armenia to a lesser extent 100,000 90,000 80,000 70,000 60,000 50,000 40,000 30,000 20,000 12,000 10,000 8,000 6,000 4,000 2,000 Transport 15% ICT 39% Water and sewerage 3% Energy 43% 10,000 0 Russian Federation 0 Source: World Bank PPI Database

Governments have a role to play to create an enabling environment for PPPs Policy Formulation Stable long-term vision High level politicians championing PPP Track record building PPP Enabling Environment Legal & Regulatory Frameworks Clear legal basis (competent authorities, ) Adapted procurement rules Effective dispute resolution mechanisms Institutional Capacity Clear process (who s approving what and when) In-house expertise (PPP Units?) Guidance materials (model contracts, ) Financial Support Project Development Fund Capital Grants (VGF, ) Guarantees

PPP Enabling Environment Planning Actions ESCAP PPP Readiness assessment Bhutan Cambodia Lao PDR Myanmar and to plan government actions Questionnaire to identify key bottlenecks Legal and Regulatory Provision for PPPs PPP Policy Framework PPP Capacity PPP Process: Selection and Contracting PPP Process: Post Selection Social Dimension of PPPs

PPP Enabling Environment Planning Actions Score 0-100 where 100=best. Mature (80-100) Developed (60-79) Emerging (30-59) Nascent (0-29) Georgia Kazakhstan OVERALL SCORE 41 58 1) REGULATIONS 36 54 2) INSTITUTIONS 1 88 3) MATURITY 62 60 4) INVESTMENT & BUSINESS CLIMATE 62 62 5) FINANCING 34 28 Source: EIU (2017) - Infrascope

PPP Legal & Regulatory Frameworks Objectives, Scope and Models of PPPs Institutional Responsibilities (Approval, ) Financial Support Mechanisms Procedures (Procurement, Dispute Resolution, etc.) 10% 19% 31% Most countries have enacted PPP Law in the Asia-Pacific region but some countries have simply issued guidelines / policy documents (mainly in South Asia) 40% PPP Guidelines PPP Law Concession Law No PPP Law / Guidelines Source: ESCAP s review of 42 Asia-Pacific countries

PPP Legal & Regulatory Frameworks North and Central Asia Country Regulatroy Framework Remark Armenia No PPP Law / Guidelines Procurement Law covers PPP calls for open bidding or competitive dialogue Azerbaijan No PPP Law / Guidelines Law on Public Procurement sets the basis for procurement, rules of tenders, selection of contractor, etc. Georgia No PPP Law / Guidelines PPPs are governed by general public procurement and investment laws Kazakhstan PPP Law Law on PPPs and Law on Concession (2015) Kyrgyzstan PPP Law PPP law from 2012 Russian Federation Tajikistan Uzbekistan PPP Law PPP Law Concession Law Federal Laws On Concession Agreements (2005); and On Public-Private Partnership and Municipal-Private Partnership (2015) Turkmenistan Concession Law Law on Foreign Concession is the most relevant for PPPs, but needs improvements

PPP Preparation Good Practices Tajikistan Russian Federation Kyrgyzstan Kazakhstan Armenia 0 20 40 60 80 100 Preparation (score) Good practices : Assessment of long-term financial implications (prior MoF approval) PPP project prioritized along other public investment (planning process) Project justified in terms of socioeconomic analysis, market assessment, procurement method, etc. (legal requirements + methodology) Draft contract included in RFP Standardized contracts / consistency World Bank Benchmarking of PPP Procurement 2017

PPP Project Screening ESCAP Value-for-Money Toolkit https://ppp.unescap.org/ Avoid bringing unviable projects to the market Prioritize which projects to develop Reroute projects to other delivery routes Reduce pipelines to realistic and suitable projects Project within mandate of government Sector readiness Private sector readiness and interest Eligible within PPP policy/law/framework Government agency readiness Identified via relevant procedures Project feasibility and readiness Consistent with relevant development objectives PPP specific criteria

PPP Enabling Environment PPP Procurement & Contract Management Tajikistan Russian Federation Kyrgyzstan Kazakhstan Armenia 0 20 40 60 80 100 Procurement (score) Contract Management World Bank Benchmarking of PPP Procurement 2017 Good Practices to ensure transparent & fair competition in procurement include: online publication of procurement and award notice, evaluation according to the criteria stipulated in the tender documents, Good Practices in contract management: Establishment of a PPP project management team, Regulation of contracts modifications Dispute resolution mechanisms in place,

Institutional Arrangements Country Armenia Azerbaijan Georgia Kazakhstan Kyrgyzstan Russian Federation Tajikistan Uzbekistan Turkmenistan Institutional Framework No formal PPP Unit No formal PPP Unit No formal PPP Unit PPP Unit PPP Unit Several central PPP Units PPP Unit No formal PPP Unit No formal PPP Unit Among 42 Asia-Pacific countries reviewed: 20 Central PPP Units 3 countries with multiple central entities responsible for PPP 6 PPP Units under development 13 countries with no central unit Differences in terms of : Size (Nb. of staff) Location: Finance, Planning, etc. + at subnational level, sector level Role: Policy Formulation, Standardization, Coordination, Capacity Building, Promotion and Technical Support

Capacity building a major constraint ESCAP: Free PPP Online Course (6 Modules) 1. PPP Concept 2. PPP Models 3. Enabling Environment 4. Risks 5. Project Cycle 6. Structure and Financing Including a certification programme Accessed 60,000 times! Classroom Training on PPPs (national workshop)

PPP Financial Support Mechanisms Project Preparation Facility for transaction advisors, prefeasibility and feasibility studies Kazakhstan, Kyrgyzstan Transaction cost for the public sector is about 2-3% of the project value in Europe (Dudkin & Välilä, 2005). Viability Gap Funding (VGF) Users fees might not suffice to cover investment costs (India) Project Costs SUBSIDIES NEEEDED! User fees Guarantees Demand for service might be difficult to predict Kazakhstan In Australia, a study in 2010 found 5 out of 14 Australian tolled roads were 45% below forecasts

Research Material On-going research on PPP for sustainable development Case Studies Project Structuring Options and Model Agreement

International Collaboration ESCAP is an active partner in the PPP Knowledge lab together with 11 international organizations ESCAP contributed to the 3 rd edition of the Reference Guide just published Experts contributing to the activities organized by the different partners Joint research with the Korean Development Institute (KDI)

Experience sharing PPP Network Promote exchange of information / best practices among the countries of the region PPP Ministerial Conferences (Seoul 2007 Jakarta 2010 Tehran 2012) Sub-regional and national workshops Financing for Development, (Yearly regional consultation since 2014)

Conclusion Should PPP schemes be supported for tackling infrastructure development challenges? What have been the main issues with PPP projects implemented so far and what can be done about that? What are the key actions government should take to facilitate the emergence of PPPs? ESCAP will continue to support its member countries through: Capacity Building Independent Advocacy Research Experience Sharing

Th @ nk you website: http://www.unescap.org/ourwork/macroeconomic-policy-financingdevelopment/infrastructure-financing-and-publicprivate-partnerships Info.: verougstraete@un.org