FORUM ON BRITISH INVESTMENTS TO THE PROFIT OF NIGER London June 14th 2012 PUBLIC PRIVatE partnership...

FORUM ON BRITISH INVESTMENTS TO THE PROFIT OF NIGER

London June 14th 2012

PUBLIC PRIVatEpartnership

in NIGER

FORUM ON BRITISH INVESTMENTS TO THE PROFIT OF NIGER

London June 14th 2012

PUBLIC PRIVatEpartnership

in NIGER

A. A. LegalLegal Framework 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 09 th, 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

A. Legal Framework (continue)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) »

A. Legal Framework (continue)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) »

B. PPP Advantages 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 simplified procedures, possibility of making spontaneous deals, diverse advantages on the fiscal and financing plan as well

as on the accounting system.

B. PPP Advantages 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 simplified procedures, possibility of making spontaneous deals, diverse advantages on the fiscal and financing plan as well

as on the accounting system.

B. PPP Advantages (continue)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.

B. PPP Advantages (continue)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.

THE LAW FIELD OF APPLICATION / CPPP

All or part of the following tasks :1. Funding Infrastructure, element & utilities;2. Design of the construction or the transformation of infrastructure

or element for public interest;3. Exploitation and/or Management and/or roadway maintenance

or element for public interest;4. Settlement of Youth insertion and promotion programs or

projects.

THE LAW FIELD OF APPLICATION / CPPP

All or part of the following tasks :1. Funding Infrastructure, element & utilities;2. Design of the construction or the transformation of infrastructure

or element for public interest;3. Exploitation and/or Management and/or roadway maintenance

or element for public interest;4. Settlement of Youth insertion and promotion programs or

projects.

ELIGIBILITY OF THE PROJECTS

ELIGIBLE PROJECTS IN THE CPPP:

1) Amount ≥ Five billions2) Period of execution > two years

ELIGIBILITY OF THE PROJECTS

ELIGIBLE PROJECTS IN THE CPPP:

1) Amount ≥ Five billions2) Period of execution > two years

C. ORGANISATION OF PPP IN NIGER

PRIMEMINISTER

POLICY COMITTEE

EXPERTSUNIT

PERMANENT

SECRETARY

C. ORGANISATION OF PPP IN NIGER

PRIMEMINISTER

POLICY COMITTEE

EXPERTSUNIT

PERMANENT

SECRETARY

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

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

PROJECT PROPOSAL

FEASIBILITY STUDY

ASSESSMENT

NOTIFICATION FOR BUDGETARY

SUSTAINABILITY

THE PROJECT OWNER

EXPERT UNIT

MINISTRY OF FINANCE

PROJECT PROPOSAL

FEASIBILITY STUDY

ASSESSMENT

NOTIFICATION FOR BUDGETARY

SUSTAINABILITY

THE PROJECT OWNER

EXPERT UNIT

MINISTRY OF FINANCE

SPONTANEAOUS PRESENTATION OF A

PROJECT

FEASIBILITY STUDY

ASSESSEMENT OF THE FEASIBILITY STUDY

PROJECT OWNER

EXPERT UNIT (EU/CAPPP)?

P.C/CAPPP DECISION CONCERNINT THE

CPPP REALISATION

AGREEMENT OF THE P.M

NEGOCIATION & SIGNATURE OF CPPP

SPONTANEAOUS PRESENTATION OF A

PROJECT

FEASIBILITY STUDY

ASSESSEMENT OF THE FEASIBILITY STUDY

PROJECT OWNER

EXPERT UNIT (EU/CAPPP)?

P.C/CAPPP DECISION CONCERNINT THE

CPPP REALISATION

AGREEMENT OF THE P.M

NEGOCIATION & SIGNATURE OF CPPP

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

In case of emergency

For defense or public security

* Exclusivity to the patent owner * Activity which can solely be given to a chosen delegate

STUDY?

EU/CAPPP

NOBACK TO THE INITIATOR

P.C DECISION

P.M AGREEMENT

CPPP NEGOCIATION & SIGNATURE

ASSESSMENT OF THE FEASIBILITE

STUDY?

EU/CAPPP

NOBACK TO THE INITIATOR

P.C DECISION

P.M AGREEMENT

CPPP NEGOCIATION & SIGNATURE

STATE/COLLECTIVITY

BANKS AD-HOC BODY SHAREHOLDERS

Funding Payment

Capital

CONCEPTION

REALISATION

MAINTENANCE EXPLOITATION

OTHER SERVICES

CONTRATS DE SOUS-TRAITANCE

STATE/COLLECTIVITY

BANKS AD-HOC BODY SHAREHOLDERS

Funding Payment

Capital

CONCEPTION

REALISATION

MAINTENANCE EXPLOITATION

OTHER SERVICES

CONTRATS DE SOUS-TRAITANCE

E- MAIL : [email protected]

SEE PPA REGLEMENTATION PPP ON: www.gouv.ne/primature/cabinet/services

rattaches/cappp

THANK YOU

E- MAIL : [email protected]

SEE PPA REGLEMENTATION PPP ON: www.gouv.ne/primature/cabinet/services

rattaches/cappp

THANK YOU

FORUM ON BRITISH INVESTMENTS TO THE PROFIT OF NIGER London June 14th 2012 PUBLIC PRIVatE partnership...

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