1 / 32

FORUM ON BRITISH INVESTMENTS TO THE PROFIT OF NIGER London June 14th 2012

PUBLIC PRIVatE partnership in NIGER. Fraternité - Travail - Progrès Cabinet du Premier Ministre Cellule d’Appui au Partenariat Public Privé (CAPPP). FORUM ON BRITISH INVESTMENTS TO THE PROFIT OF NIGER London June 14th 2012. PUBLIC PRIVatE partnership in NIGER.

silas-lindsey
Download Presentation

FORUM ON BRITISH INVESTMENTS TO THE PROFIT OF NIGER London June 14th 2012

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. PUBLIC PRIVatE partnership in NIGER Fraternité - Travail - ProgrèsCabinet du Premier MinistreCellule d’Appui au Partenariat Public Privé (CAPPP) FORUM ON BRITISH INVESTMENTS TO THE PROFIT OF NIGER London June 14th 2012

  2. PUBLIC PRIVatE partnership in NIGER Fraternité - Travail - ProgrèsCabinet du Premier MinistreCellule d’Appui au Partenariat Public Privé (CAPPP) FORUM ON BRITISH INVESTMENTS TO THE PROFIT OF NIGER London June 14th 2012

  3. PUBLIC PRIVATE PARTENARIAT A. Legal Framework ORDER N°2011-07 of September 16th, 2011 concerning Pension Plan of the public partnership contracts in Republic of Niger, ratified by the law n°2011-30 of October 25, 2011, Decree n°2011-559/PRN/PM of November 09th, 2011 concerning modes of application of the Order n°2011-07 of September 16th, 2011 Decree n°2011-560/PRN/PM of November 09th 2011, related to the organization and the functioning of the “Cellule d’Appui” (Support Unit) in the PPP Under preparation: Law concerning fiscal framework, financier and accountant of the CPPP

  4. PUBLIC PRIVATE PARTENARIAT A. Legal Framework ORDER N°2011-07 of September 16th, 2011 concerning Pension Plan of the public partnership contracts in Republic of Niger, ratified by the law n°2011-30 of October 25, 2011, Decree n°2011-559/PRN/PM of November 09th, 2011 concerning modes of application of the Order n°2011-07 of September 16th, 2011 Decree n°2011-560/PRN/PM of November 09th 2011, related to the organization and the functioning of the “Cellule d’Appui” (Support Unit) in the PPP Under preparation: Law concerning fiscal framework, financier and accountant of the CPPP

  5. PUBLIC PRIVATE PARTENARIAT A. Legal Framework ORDER N°2011-07 of September 16th, 2011 concerning Pension Plan of the public partnership contracts in Republic of Niger, ratified by the law n°2011-30 of October 25, 2011, Decree n°2011-559/PRN/PM of November 09th, 2011 concerning modes of application of the Order n°2011-07 of September 16th, 2011 Decree n°2011-560/PRN/PM of November 09th 2011, related to the organization and the functioning of the “Cellule d’Appui” (Support Unit) in the PPP Under preparation: Law concerning fiscal framework, financier and accountant of the CPPP

  6. PUBLIC PRIVATE PARTENARIAT A. Legal Framework ORDER N°2011-07 of September 16th, 2011 concerning Pension Plan of the public partnership contracts in Republic of Niger, ratified by the law n°2011-30 of October 25, 2011, Decree n°2011-559/PRN/PM of November 09th, 2011 concerning modes of application of the Order n°2011-07 of September 16th, 2011 Decree n°2011-560/PRN/PM of November 09th 2011, related to the organization and the functioning of the “Cellule d’Appui” (Support Unit) in the PPP Under preparation: Law concerning fiscal framework, financier and accountant of the CPPP

  7. PUBLIC PRIVATE PARTNERSHIP A. Legal Framework (continue) The law on the public private partnership constitutes the legal and the institutional framework of partnership between the government and the private sector in the domains that the State considers efficient the intervention of the private sector. By definition, CPPP is a contract by which: « A legal person of public right (DELEGANT) confides, for one determined period, the management and/or the production of the public service S/he has the responsibility, to a legal person of private right (DELEGATE) »

  8. PUBLIC PRIVATE PARTNERSHIP A. Legal Framework (continue) The law on the public private partnership constitutes the legal and the institutional framework of partnership between the government and the private sector in the domains that the State considers efficient the intervention of the private sector. By definition, CPPP is a contract by which: « A legal person of public right (DELEGANT) confides, for one determined period, the management and/or the production of the public service S/he has the responsibility, to a legal person of private right (DELEGATE) »

  9. PUBLIC PRIVATE PARTNERSHIP B. PPP Advantages The Public Private Partnership Pension Plan Contracts offer to private operators candidates to CPPP through its regulatory and institutional framework the following : free access to the public markets, a larger competition between tenderers, fair treatment of the candidates, transparency on contracting activity procedures, existence of simplifiedprocedures, possibility of makingspontaneous deals, diverse advantages on the fiscal and financing plan as well as on the accounting system.

  10. PUBLIC PRIVATE PARTNERSHIP B. PPP Advantages The Public Private Partnership Pension Plan Contracts offer to private operators candidates to CPPP through its regulatory and institutional framework the following : free access to the public markets, a larger competition between tenderers, fair treatment of the candidates, transparency on contracting activity procedures, existence of simplifiedprocedures, possibility of makingspontaneous deals, diverse advantages on the fiscal and financing plan as well as on the accounting system.

  11. PUBLIC PRIVATE PARTNERSHIP B. PPP Advantages (continue) The Public Private Partnership Contracts (CPPP) make provisions for recourse to the arbitration proceedings, according to the legislation in force in Republic of Niger, or to the bilateral or multilateral international conventions applicable to the related contract.vate For the settlement of litigations, CPPPS also foresee a procedure of conciliation prior to all arbitral or judicial recourse. For the purpose of the project, the private operator can get from the concerned authority a right of occupation of the public domain linked to the contract of partnership during its duration. Flexibiliy also exists either for financial or technical risk sharing, or bound to the exploitation between the state and the deprived operator.

  12. PUBLIC PRIVATE PARTNERSHIP B. PPP Advantages (continue) The Public Private Partnership Contracts (CPPP) make provisions for recourse to the arbitration proceedings, according to the legislation in force in Republic of Niger, or to the bilateral or multilateral international conventions applicable to the related contract.vate For the settlement of litigations, CPPPS also foresee a procedure of conciliation prior to all arbitral or judicial recourse. For the purpose of the project, the private operator can get from the concerned authority a right of occupation of the public domain linked to the contract of partnership during its duration. Flexibiliy also exists either for financial or technical risk sharing, or bound to the exploitation between the state and the deprived operator.

  13. THE LAW FIELD OF APPLICATION / CPPP All or part of the following tasks : • Funding Infrastructure, element & utilities; • Design of the construction or the transformation of infrastructure or element for public interest; • Exploitation and/or Management and/or roadway maintenance or element for public interest; • Settlement of Youth insertion and promotion programs or projects.

  14. THE LAW FIELD OF APPLICATION / CPPP All or part of the following tasks : • Funding Infrastructure, element & utilities; • Design of the construction or the transformation of infrastructure or element for public interest; • Exploitation and/or Management and/or roadway maintenance or element for public interest; • Settlement of Youth insertion and promotion programs or projects.

  15. ELIGIBILITY OF THE PROJECTS ELIGIBLE PROJECTS IN THE CPPP: 1) Amount ≥ Five billions 2) Period of execution > two years

  16. ELIGIBILITY OF THE PROJECTS ELIGIBLE PROJECTS IN THE CPPP: 1) Amount ≥ Five billions 2) Period of execution > two years

  17. C.ORGANISATION OF PPP IN NIGER PRIME MINISTER PERMANENT SECRETARY POLICY COMITTEE EXPERTS UNIT CAPPP

  18. C.ORGANISATION OF PPP IN NIGER PRIME MINISTER PERMANENT SECRETARY POLICY COMITTEE EXPERTS UNIT CAPPP

  19. C.PPP ORGANISATION IN NIGER (continue) • The Prime Minister assures the high authority on CPPP • The Permanent Secretary (SP) coordinates the CAPPP activities • The PC is the CAPPP deliberating and the decision making organ • The EU values the projects submitted to the CAPPP in order to examine their eligibility to the CPPP pension plan

  20. C.PPP ORGANISATION IN NIGER (continue) • The Prime Minister assures the high authority on CPPP • The Permanent Secretary (SP) coordinates the CAPPP activities • The PC is the CAPPP deliberating and the decision making organ • The EU values the projects submitted to the CAPPP in order to examine their eligibility to the CPPP pension plan

  21. D. CPPP PROCEDURES CPPP ASSESSMENT PROCEDURES (Art.5, Dec. 2011-559) PROJECT PROPOSAL THE PROJECT OWNER Feasibilitystudy PPPC ASSESSMENT EXPERT UNIT NOTIFICATION FOR BUDGETARY SUSTAINABILITY MINISTRY OF FINANCE

  22. D. CPPP PROCEDURES CPPP ASSESSMENT PROCEDURES (Art.5, Dec. 2011-559) PROJECT PROPOSAL THE PROJECT OWNER Feasibilitystudy PPPC ASSESSMENT EXPERT UNIT NOTIFICATION FOR BUDGETARY SUSTAINABILITY MINISTRY OF FINANCE

  23. D. CPPP PROCEDURES (continue) SPONTANEAOUS PRESENTATION OF A PROJECT FEASIBILITY STUDY PROJECT OWNER NO ASSESSEMENT OF THE FEASIBILITY STUDY ? EXPERT UNIT (EU/CAPPP) YES P.C/CAPPP DECISION CONCERNINT THE CPPP REALISATION AGREEMENT OF THE P.M NEGOCIATION & SIGNATURE OF CPPP

  24. D. CPPP PROCEDURES (continue) SPONTANEAOUS PRESENTATION OF A PROJECT FEASIBILITY STUDY PROJECT OWNER NO ASSESSEMENT OF THE FEASIBILITY STUDY ? EXPERT UNIT (EU/CAPPP) YES P.C/CAPPP DECISION CONCERNINT THE CPPP REALISATION AGREEMENT OF THE P.M NEGOCIATION & SIGNATURE OF CPPP

  25. D. CPPP PROCEDURES DU CPPP (continue) Choice of the Delegate by the Administration direct negociation In case of emergency For defense or public security * Exclusivity to the patent owner * Activity which can solely be given to a chosen delegate Next page

  26. D. CPPP PROCEDURES DU CPPP (continue) Choice of the Delegate by the Administration direct negociation In case of emergency For defense or public security * Exclusivity to the patent owner * Activity which can solely be given to a chosen delegate Next page

  27. D. CPPP PROCEDURES (continue) EU/CAPPP ASSESSMENT OF THE FEASIBILITE STUDY NO ? BACK TO THE INITIATOR YES P.C DECISION P.M AGREEMENT CPPP NEGOCIATION & SIGNATURE

  28. D. CPPP PROCEDURES (continue) EU/CAPPP ASSESSMENT OF THE FEASIBILITE STUDY NO ? BACK TO THE INITIATOR YES P.C DECISION P.M AGREEMENT CPPP NEGOCIATION & SIGNATURE

  29. E. CPPP: EXAMPLE OF LOAN SET UP STATE/COLLECTIVITY CP Capital Debt BANKS AD-HOC BODY SHAREHOLDERS Funding Payment CONTRATS DE SOUS-TRAITANCE CONCEPTION REALISATION MAINTENANCE EXPLOITATION OTHER SERVICES

  30. E. CPPP: EXAMPLE OF LOAN SET UP STATE/COLLECTIVITY CP Capital Debt BANKS AD-HOC BODY SHAREHOLDERS Funding Payment CONTRATS DE SOUS-TRAITANCE CONCEPTION REALISATION MAINTENANCE EXPLOITATION OTHER SERVICES

  31. CAPPP-NIGER E- MAIL : cappp@gouv.ne SEE PPA REGLEMENTATION PPP ON: www.gouv.ne/primature/cabinet/services rattaches/cappp THANK YOU

  32. CAPPP-NIGER E- MAIL : cappp@gouv.ne SEE PPA REGLEMENTATION PPP ON: www.gouv.ne/primature/cabinet/services rattaches/cappp THANK YOU

More Related