PPPs for Infrastructure Financing in the MENA-Region “Different PPP Designs in the MENA Region”: Establishing an Effective Legal & Contractual Framework Frequently Asked Questions on PPPs: The EIC Response Frank Kehlenbach BIAC Representative / Director of European International Contractors Istanbul, 08th November 2006 PPPs for Infrastructure Financing in the MENA Region 1 1 About EIC - Experience TOP TRANSPORTATION DEVELOPERS 2004 Company ACS Dragados (Spain) Ferrovial / Cintra (Spain) MIG / Macquarie Bank (Australia) Laing / Equion (UK) Sacyr Vallehermoso (Spain) Abertis / La Caixa (Spain) FCC (Spain) OHL (Spain) Cheung Kong Infrastructure (China) Vinci / Cofiroute (France) Hochtief (Germany) Acciona / Necso (Spain) EGIS Projects (France) Skanska (Sweden) Alstom (France) Alfred McAlpine (UK) Balfour Beatty (UK) Bouygues (France) Impregilo (Italy) Bechtel (US) AMEC (UK) Siemens (Germany) BRISA (Portugal) New World Infrastructure (China) Bombardier (Canada) Fluor (US) ABB (Switzerland) Amey (UK) Strabag (Germany) Bilfinger Berger (Germany) Jarvis (UK) Transurban (Australia) KBR Brown & Root (US) No. of Concession/P3 Projects Under Contract* Active Proposals 45 23 22 20 19 19 17 17 16 15 14 13 10 8 7 7 7 6 6 6 6 6 6 6 4 4 4 4 3 3 3 2 1 18 14 4 1 13 2 8 1 22 19 15 6 14 8 7 1 0 22 7 6 6 6 2 2 9 5 4 2 11 11 4 3 5 * road, bridge, tunnel, rail, port, airport concessions + public-private partnerships over $50m put under const./oper. since European international contractors take a leading role in developing the world’s TRANSPORT infrastructure, such as toll roads, railroads, ports and airports, but some diversification into other sectors. European contractors have developed over the past decades expertise not only to build infrastructure facilities, but also to design, operate and finance these structures in industrialised as well as in emerging & developing countries. 1985. Source PWF database Istanbul, 08th November 2006 PPPs for Infrastructure Financing in the MENA Region 2 1 About EIC - Goals Bigger Market Fair Market International Financing Institutions must reserve sufficient funding for infrastructure investments in developing countries Balanced Contract Conditions Effective Dispute Settlement International Arbitration Promotion of Public-Private Partnerships Ethical Market Better Market Corruption-free environment Quality-Based International Competition Environmentally sound and sustainable projects (due to project life-cycle costing) Istanbul, 08th November 2006 PPPs for Infrastructure Financing in the MENA Region 3 PPP Developing Markets Overview 2 World Regions Regions ranked by Investment in US$ mil (1990-2005) E ast A si a and P aci f i c E ur ope and Cent r al A si a Lat i n A mer i ca and t he Car i bbean M i ddl e E ast and Nor t h A f r i ca Sout h A si a Sub-Sahar an A f r i ca 182 (19%) Y ear 36 4 (%) 80, 0 224 60, 0 in billion US$ 71 (7%) (23%) 70, 0 41 (4%) ”Asian Crisis” WORLD TOTAL: 970 billion US$ Investment in Infrastructure with Private Participation in Developing Countries (1990 - 2005) by Region 50, 0 40, 0 30, 0 416 (43%) 20, 0 10, 0 LAC 0, 0 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 EAP ECA AFR SA MENA 2005 Source: World Bank PPI Database Istanbul, 08th November 2006 PPPs for Infrastructure Financing in the MENA Region 4 2 PPP Developing Markets Overview Total & Cancelled / Distress Projects Sectors ranked by Investment in billion US$ (1990-2005) 306 (32%) 142 (15%) 500 19 450 50 (5%) in billion US$ SECTORAL TOTAL: 970 billion US$ Infrastructure Sectors 400 350 34 300 250 453 200 472 (48%) 16 273 150 100 126 50 33 0 Telecom Energy Transport Water & Sewage 17 Telecom Energy Transport Water Sector Source: World Bank PPI Database Istanbul, 08th November 2006 PPPs for Infrastructure Financing in the MENA Region 5 2 PPP Developing Markets Overview Focus: MENA Region (excluding Extractive Industries) MENA TOTAL: 43.5 billion US$ Sectors ranked by Investment in million US$ (1990-2005) In the MENA Region, the dominance of the telecom and 15,141 (36,5%) the energy sectors is even more 2,072 (5%) 679 (1,5%) 23,312 (57%) obvious than on average (94%). Around 72% of investments accumulated in only 3 countries, i.e. Morocco (38%), Egypt (17.5%) and Algeria (16.5%). Projects in the transport sector comprised airports (588 million), Telecom Energy Transport Water & Sewage Source: World Bank PPI Database Istanbul, 08th November 2006 seaports (1.300 million) and railroads (182 million). PPPs for Infrastructure Financing in the MENA Region 6 2 PPP Developing Markets Overview Lessons Learned on PPP Structuring World Bank statistics suggest that telecom projects (ca. 50%) are easier to set up in lower income countries, due to comparably lower up-front investment costs. Many projects in the energy sector (ca. 33%), since there is the possibility of agreeing on long-term off-take agreements a either with a government entity or an independent power producer. This model has triggered criticism from many angles. Some transport projects (15%) may be “commercially viable” if they are structured around insulated assets frequented by industrial clients, e.g. airports, seaports, freight rail. Other transport projects with socio-economic benefits, such as toll roads, bridges and tunnels and passenger rail, as well as water & sewerage projects apparently are less often structured as a PPP, since they relied in the past on (non cost-covering tariff) payments by private customers and thus were “not commercially viable”. Istanbul, 08th November 2006 PPPs for Infrastructure Financing in the MENA Region 7 3 EIC White Book on BOT/PPP Basic Features Published in April 2003 Based on the broad experience of EIC member companies as concessionaires in preparing for PPP projects in the transport sector Advise to Governments, Contr. Acting Authorities and International (Financial) Organisations in structuring PPP projects Comprises 21 recommendations for the technical and financial implementation of PPP projects Istanbul, 08th November 2006 PPPs for Infrastructure Financing in the MENA Region 8 EIC White Book on BOT/PPP 3 21 Recommendations 1 2 GENERAL PRECONDITIONS 3 TENDER PROCESS – Ensure true Government Support – Use Pre-qualification of bidders – Create a PPP Task Force – – Enhance Country Legal Framework (Accounting, Taxes, Procurement) Ensure Transparency & Confidentiality throughout process – Present clear award criteria – Reimburse Bidding Costs – Unsolicited Bids ??? (outside EU ) PROJECT PREPARATION – Put in place sound procurement strategy – Present comprehensive, reliable project documentation – Provide for a steady and secure payment mechanism – Agree on affordable level of tariffs Istanbul, 08th November 2006 4 – RISK MITIGATION Provide for optimal risk identification & allocation – Invite financial risk mitigation through IFIs, ECAs, etc. PPPs for Infrastructure Financing in the MENA Region 9 3 EIC on FAQs on PPP Political Arguments on PPP Value for Money ? – Life cycle approach Off-balance Financing ? – Not always Government Flexibility ? – Public duties Government Control ? – Retained Public Sector Comparator ? – Reliable? Complexity & Costs ? – Can be limited Re-negotiations in PPP ? – 20-30 years (Increase of) Tariffs ? – Right Blend State Subsidies ? – non-viable PPPs Role of SMEs ? - Important Role of architects & consultants ? - dito Labour rights ? – state responsibility Sustainability of PPPs ? – Definitely Istanbul, 08th November 2006 PPPs for Infrastructure Financing in the MENA Region 10 4 Conclusion Challenges for PPPs Benefits of PPPs Public sector skills Project life-cycle approach Legal and regulatory sectorspecific framework Project completion on time + on budget Steady revenue flows Project operation according to pre-defined standards Transaction costs, right blend of public and private funds (Role of Risk transfer to the private IFIs /EU) sector (e.g. interface risk) Political & Economic risks Additional private funds Istanbul, 08th November 2006 PPPs for Infrastructure Financing in the MENA Region 11 4 Conclusion WORLD Bank PPP Working Paper (2003) “Whatever policies countries choose, governments cannot avoid the inescapable realities that infrastructure services have to be paid for, whether provision is public or private. Most of the concerns about the sustainability of private infrastructure really reflect the difficulties governments have in sustaining cost-recovering tariffs and commercial principles in these sectors... The real issue is not public infrastructure versus private infrastructure. Put this way, it is more simple the argument is about less infrastructure versus more.” Istanbul, 08th November 2006 PPPs for Infrastructure Financing in the MENA Region 12 EIC Contact Address: EIC Secretariat Kurfuerstenstrasse 129, D - 10785 Berlin, Germany Phone: ++49 (0)30 /21286-244 Fax: ++49 (0)30 /21286-285 E-mail: eicontractors@compuserve.com Internet: www.eicontractors.de Istanbul, 08th November 2006 PPPs for Infrastructure Financing in the MENA Region 13