International Seminar on Strengthening Public Investment and Managing Fiscal Risks from Public-Private Partnerships
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1 International Seminar on Strengthening Public Investment and Managing Fiscal Risks from Public-Private Partnerships Budapest, Hungary March 7 8, 2007 The views expressed in this paper are those of the author(s) only, and the presence of them, or of links to them, on the IMF website does not imply that the IMF, its Executive Board, or its management endorses or shares the views expressed in the paper.
2 Overview of Concession Legislation in Countries of Central and Eastern Europe Alexei Zverev Senior Counsel, EBRD Budapest, 7 March 2007
3 Issues to be discussed EBRD s Legal Transition Programme (LTP) PPP policy Legal framework Results of EBRD evaluations Legislative trends and challenges
4 LTP activities in the area of PPP EBRD: Participates in and contributes to international standard-setting initiatives Monitors and analyses the status of legal transition in its countries of operations and develops measurement tools to assess legal risk for EBRD investments Develops and implements technical assistance projects in its countries of operations Advances legal reform through various outreach activities, including publication of its legal journal, Law in transition
5 PPP policy Why policy issues are important Legal framework Institutional infrastructure Awareness and professional development
6 Legal framework Clear Stable Predictable Fair Flexible
7 EBRD Legal Assessments Legal Indicator Survey Sector Laws Assessment
8 Sector Laws Assessment : Methodology Development of a Concession Checklist Reference to the relevant "international standards" as benchmarks (in particular the UNCITRAL Legislative Guide on Privately Financed Infrastructure Projects) Assessment per/classification by core area Global assessment: total amount of points per core area Distinction between countries with a single Concession Law and those without it
9 Countries with a concession law EBRD 2005 Concessions Law Assessment
10 Scores per dimension/core area Policy framework as a separate criterion Is there a direct correlation/link between policy and legal framework? Are general perceptions proved to be right? Best and worst core areas
11 Level of compliance per core area Czech Republic, Hungary, Slovak Republic Czech Rep Hungary Slovak Rep International Standards General policy framework 10 0 Settlement of disputes and applicable law Concession specific legal framework 20 Government support and available financial securities 0 Definitions and scope of the concessions law Project agreement Selection of the concessionnaire
12 Levels of compliance per core area Estonia, Latvia, Lithuania Estonia Latvia Lithuania International Standards General policy framework 10 0 Settlement of disputes and applicable law Concession specific legal framework Government support and available financial securities 0 Definitions and scope of the concessions law Project agreement Selection of the concessionnaire
13 Legal Indicator Survey Methodology Case Study Challenges Results
14 Legal Indicator Survey
15 Common impediments to PPP Absence of a clear PPP policy Inadequacy of concession laws relating to the best international legal standards Lack of institutional support and capacity / lack of skilled public sector officials Security/assignment restrictions Lack of variety of the capital market instruments Budgetary constraints
16 Current legislative trends General concessions law environment vs sector laws approach Estonia Kazakhstan/Slovak Republic Romania
17 Conclusion EBRD countries of operations have much room for improvement. Most of them still need to contemplate and implement further law reform to modernise their legal framework if they wish to enable PPPs
18 Alexei Zverev Senior Counsel, EBRD
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