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

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Presentation on theme: "FORUM ON BRITISH INVESTMENTS TO THE PROFIT OF NIGER London June 14th 2012 PUBLIC PRIVatE partnership in NIGER."— Presentation transcript:

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

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

3 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 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 dAppui (Support Unit) in the PPP Under preparation: Law concerning fiscal framework, financier and accountant of the CPPP

4 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 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 dAppui (Support Unit) in the PPP Under preparation: Law concerning fiscal framework, financier and accountant of the CPPP

5 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 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 dAppui (Support Unit) in the PPP Under preparation: Law concerning fiscal framework, financier and accountant of the CPPP

6 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 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 dAppui (Support Unit) in the PPP Under preparation: Law concerning fiscal framework, financier and accountant of the CPPP

7 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 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 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.

10 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.

11 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 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 : 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.

14 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.

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 POLICY COMITTEE EXPERTS UNIT PERMANENT SECRETARY CAPPP

18 C. ORGANISATION OF PPP IN NIGER PRIME MINISTER POLICY COMITTEE EXPERTS UNIT PERMANENT SECRETARY 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 FEASIBILITY STUDY ASSESSMENT NOTIFICATION FOR BUDGETARY SUSTAINABILITY PPPC THE PROJECT OWNER EXPERT UNIT MINISTRY OF FINANCE

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

23 D. CPPP PROCEDURES (continue) 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 YES NO AGREEMENT OF THE P.M NEGOCIATION & SIGNATURE OF CPPP

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

28 D. CPPP PROCEDURES (continue) ASSESSMENT OF THE FEASIBILITE STUDY ? EU/CAPPP 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 BANKSAD-HOC BODY SHAREHOLDERS Debt FundingPayment Capital CONCEPTION REALISATION MAINTENANCE EXPLOITATION OTHER SERVICES CONTRATS DE SOUS-TRAITANCE CP

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

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

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