IN THE AMOUNT OF US US $151.52 MILLION
Transcription
IN THE AMOUNT OF US US $151.52 MILLION
Public Disclosure Authorized Public Disclosure Authorized DOCUMENT OF THE WORLD BANK REPORT No. 25012-UR INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT PROGRAM DOCUMENT FOR A PROPOSED Public Disclosure Authorized PUBLIC SERVICES AND SOCIAL SECTORS STRUCTURAL ADJUSTMENT LOAN IN THE AMOUNT OF US US$151.52 MILLION AND SPECIAL STRUCTURAL ADJUSTMENT LOAN IN THE AMOUNT OF US$101.02 MILLION TO THE Public Disclosure Authorized ORIENTAL REPUBLIC OF URUGUAY MARCH 25, 2003 FINANCE, PRIVATE SECTOR AND INFRASTRUCTURE ARGENTINA, CHILE, PARAGUAY, URUGUAY COUNTRY MANAGEMENT UNIT LATIN AMERICA AND THE CARIBBEAN REGION Currency Equivallenfts CU1RRENCY EQUIIALENTS Currency Unit: The Uruguayan Peso EXCHEANGE IRATE 1999 Uruguay $11.38 = US$1 2000 Uruguay $11.38 = US$1 2001 Uruguay $13.93 = US$1 2002 Uruguay $26.65 = US$1 WREIIGITS ANID MiEASURES Metric System FEISCAL YEAR January 1 - December 31 ABFBlREVEATIRBNS AND ACIRONYMS ADME AFE ANC ANCAP ANCEL ANTEL ANEP ANP ASSE BHU BROU CAS CCC CODICEN CPI CREMA FNR GDP GOU LMCS IDB IFI Administraci6n del Mercado Electrico Adniinistraci6n de Ferrocarriles del Estado Administraci6n Nacional de Correos Administraci6n Nacional de Combustibles, Alcohol y Portland ANTEL's subsidiary for cellular telephones Administraci6n Nacional de Telecomunicaciones Administraci6n Nacional de Educaci6n Piblica Administraci6n Nacional de Puertos Administraci6n de Servicios de Salud del Estado Banco Hipotecario del Uruguay Banco Repuiblica Oriental del Uruguay Country Assistance Strategy Comisi6n de Control de la Concesi6n Consejo Directivo Central Consumer Price Index Contract for Rehabilitation and Maintenance Fondo Nacional de Recursos Gross Domestic Product Government of Uruguay Instituciones de Asistencia M6dica Colectiva Inter-American Development Bank International Finance Institutions Vice President Country Director Sector Directors Sector Leaders Lead Economist Task Manager David de Ferranti Axel van Trotsenburg Danny Leipziger / Ana Maria Arriagada Juan Gaviria / Aiel Fiszbein Paul Levy Carlos E. Velez / Anna Wellenstein ILD IMAES IMF INE IPC IVA LPG MDGs MEF MSP MTOP MVOTMA NLD OECD OPP OSE PSP RUCAF SAL SSAL TAL UFW URAGUA UREE URSEA URSEC USO UTE VAT International Long Distance Institutos de Medicina Altamente Especializados International Monetary Fund Instituto Nacional de Estadistica Indice de Precios al Consumidor Impuesto al Valor Agregado Liquid Propane Gas Millennium Development Goals Ministerio de Economia y Finanzas Ministerio de Salud Publica Ministerio de Transporte y Obras Publicas Ministerio de Vivienda, Ordenamiento Territorial y Medio Ambiente National Long Distance Organization of Economic Cooperation and Development Oficina Planeamiento y Presupuesto Obras Sanitarias del Estado Private Sector Participation Registro Unico de Cobertura Formal de Asistencia Structural Adjustment Loan Special Structural Adjustment Loan Technical Assistance Loan Unaccounted-for-water Private Water Concessionaire in the Department of Maldonado Unidad Reguladora de Energia Electrica Unidad Reguladora de los Servicios de Energia y Agua Unidad Reguladora de Servicios de Comunicaciones Universal Service Obligation Administraci6n Nacional de Usinas y Transmnisiones Electricas Value Added Tax Page i TABLE OF CONTENTS PAGE LOAN AND PROGRAM SUMMARY V I. INTRODUCTION & RATIONAL A. OBJECTIVES AND COVERAGE OF THE PROGRAM B. RECENT ECONOMIC DEVELOPMENTS C. ECONOMIC GROWTH AND PUBLIC SERVICES AND INFRASTRUCTURE 1 I 2 9 II. LINKS TO POVERTY REDUCTION 11 III. CURRENT STATUS AND ISSUES IN PUBLIC SERVICES, INFRASTRUCTURE AND SOCIAL SECTORS A. ENERGY SECTOR B. TELECOMMUNICATIONS SECTOR C. POSTAL SERVICES SECTOR D. WATER AND SANITATION SECTOR E. TRANSPORTATION SECTOR F. HEALTH SECTOR G. EDUCATION SECTOR 14 15 20 21 22 24 25 27 IV. THE GOVERNMENT'S REFORM PROGRAM A. ENERGY SECTOR B. TELECOMMUNICATIONS SECTOR C. POSTAL SERVICES SECTOR D. WATER AND SANITATION SECTOR E. TRANSPORT SECTOR F. HEALTH SECTOR G. EDUCATION SECTOR 28 28 31 32 33 34 35 36 V. THE PROPOSED LOANS A. OBJECTIVES OF THE PROPOSED LOANS B. DESCRIPTION OF FINANCIAL ASSISTANCE C. REFORM PROGRAM SUPPORTED BY THE BANK D. INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS E. ENVIRONMENT AND CONSULTATION WITH STAKEHOLDERS F. BENEFITS G. RISKS AND MITIGATION 38 38 39 40 48 49 50 51 Table Table Table Table Table Table Table Table Table Table Table 1: 2: 3: 4: 5: 6: 7: 8: 9: 10: I 1: 7 8 18 18 22 23 24 39 41 42 43 Non-financial Public Sector Finances Public Sector Debt (in millions of US dollars) Ex-refinery and import parity prices for petroleum products in Uruguay Gasoline and diesel pump prices in Uruguay (US$/liter) Mail volumes in Uruguay in 2000 Average water and sanitation tariff (US$m3; all consumers Operating costs and annual investments of water and sanitation utilities SAL and SSAL tranche timing and amounts Major reforms supported by Tranche 1 Major reforms supported by Tranche 2 Major reforms supported by Tranche 3 Page iii Figure 1: Regional comparison of retail prices for electricity (without tax) Figure 2: Sewerage coverage vs. GNI (Gross income) 16 23 ANINEXES 53 Annex l: Annex 2: Annex 3: Annex 4: Annex 5: Annex 6: Annex 7: Annex 8: Annex 9: Annex 10: Annex 11: Matrix of Conditionalities and Monitoring Indicators Letter of Development Policy Implementation Performance of SAL I/SSAL 1 Social Impact Assessment of Public Utilities Reform Fiscal Impacts of the Reform Program Key Economic Indicators Key Exposure Indicators Uruguay - Fund Relations Status of Bank Group Operations Statement of IFCs Held and Disbursed Portfolio Uruguay at a Glance 53 64 79 82 90 94 96 97 99 100 101 This operation was prepared by a World Bank team composed of: Vivien Foster and Luis Guasch (LCSFP), Eleodoro Mayorga (COCPO), Paulo Correa and Nelson de Franco (LCSFP), Franz Drees (LCSFW), Juan Ianni (CITPO), Juan Pablo Uribe (LCSHH), Suhas Parandekar (LCSHE), Jorge Rebelo (LCSFT), Pilar Gonzalez (LEGLA), Daniel Oks (LCSPE), Lourdes Herrell (LCSFU), and Marcelo Celani, Luis Vaca-Soto, Luis Perez, Jorge Kogan, and Juan Pablo Martinez (consultants). The team was led by Carlos E. Velez (LCSFW) and Anna Wellenstein (LCSFU). The sector leaders are Juan Gaviria (FPSI) and Ariel Fiszbein (HD). Page iv URUGUAY PUBLIC SERVICES AND SOCIAL SECTORS LOANS AND PROGRAM SUMMARY Borrower Oriental Republic of Uruguay Implementing Agency Office of Planning and Budget Poverty Category Not applicable Amount SAL: US$151,520,000 SSAL: US$101,020,000 Terms SAL: US Dollar Fixed Spread Loan, 15 year maturity including five years grace, commitment linked, level principal repayment. SSAL: US Dollar Fixed Spread Loan, five years maturity, including three years of grace, commitment linked, level principal repayment. Commitment Charge SAL: The Borrower shall pay to the Bank a commnitment charge on the principal amount of the Loan not withdrawn from time to time, at a rate equal to: (i) eighty five one-hundredths of one per cent (0.85%) per annum from the date on which such charge commences to accrue in accordance with the provisions of Section 3.02 of the General Conditions to but not including the fourth anniversary of such date; and (ii) seventy five one-hundredths of one per cent (0.75%) per annum thereafter. SSAL: The Borrower shall pay to the Bank a commitment charge at the rate of three-fourths of one percent (3/4 of 1%) per annum on the principal amount of the Loan not withdrawn from time to time. Front-End Fee SAL: One percent (1%) of the amount of the Loan SSAL: One percent (1%) of the amount of the Loan Objective The proposed adjustment loans would support reforms to restore economic growth, improve competitiveness of the Uruguayan economy, and improve the general welfare of the population through greater efficiency in the provision of public services and infrastructure, and through increasing the impact of public expenditures in the education and health sectors. These loans follow up on two earlier World Bank loans approved in August of 2002, which focus on fiscal, financial and social protection reforms. The proposed adjustment operation is part of a concerted effort by multilateral institutions to help Uruguay withstand the Page v impact of strong external shocks and set the stage for recovery of sustained economic growth. Description In the energy, telecommunications, postal services, water and sanitation, and transport sectors, the loan supports measures to reduce prices, increase quality and coverage, and improve the efficiency of investment, production and distribution of services and infrastructure through: (i) increasing competition by liberalizing the wholesale power market and mobile phone services and restructuring the petroleum, water and sanitation and transport sectors; (ii) upgrading regulation by strengthening regulatory frameworks in all of the above named sectors and strengthening sector planning, management and service delivery; and (iii) improving the efficiency of public expenditure by increasing transparency and accountability and by reducing tax distortions. In the health and education sectors, the loan will also support measures to improve the efficiency of public expenditure while maintaining or improving services in key priority areas through: (i) restructuring national health funding instruments; (ii) reducing cross subsidies in the public hospital network; (iii) protecting priority educations programs; and (iv) improving the management of the education sector. ]Benefits The Reform Program will contribute to growth, poverty reduction, and long run sustainability. First, improved regulation will directly contribute to growth by increasing the efficiency and impact of public services, and supporting an increase in private sector investment through the reduction of service and logistic costs, and the creation of a more market friendly environment. Making the provision of public services more competitive and better regulated will also support the continuation of Uruguay's near universal coverage levels and high quality standards. Second, increasing the efficiency and impact of public expenditure in the health and education sectors will support the continuation of Uruguay's high social indicators during the period of fiscal stress and changing needs among the poor. Efforts in health and education will also help maintain the current level of support and assure the continual building of human capital, which along with institutional refonn for more effective service and infrastructure support, are necessary for sustained growth. Risks Macroeconomicrisks. Further deterioration in the economic situation in Argentina, and the risk of further complications in Brazil's economic situation could undermine measures to stabilize the Uruguayan economy by thwarting efforts to reduce bank deposit withdrawals and exacerbating fiscal problems. Continued economic slow down would in turn present serious risks to banks and the sustainability of the fiscal deficit. Attaining high primary fiscal surpluses - as required for debt sustainability - will demand political cohesion. The social depth of the crisis - unemployment Page vi and poverty - and the rapidity of the required reforms may challenge the country's careful consensus building approach to policy making. Heavy amortization of sovereign bonds has raised debt sustainability concerns as reflected in a high country risk premium. Uruguay has taken important steps to strengthen its fiscal situation and to simultaneously restructure its debt. Another potential risk is that the proposed debt restructuring may not get the level of market participation anticipated by the Government. In the unlikely event that debt restructuring fails, the macro framework would need to be adjusted. If one or more of these risks materialize, or if new macroeconomic shocks impact the economy, the implementation of the proposed reform program could be impaired. An increase in the country risk premium will follow thus raising the cost of capital for private investors and reducing the flow investment and foreign direct investment in particular. Interest in private sector participation - as envisaged in this project - will then also diminish. Overall macro and debt sustainability risks are high; satisfactory macroeconomic performance, as assessed, for example, in the context of reviews of the ongoing IMF program (second revision approved on March 17, 2003) will be closely monitored. Risk of Weakening of Reform Consensus. The comprehensiveness and pace of the reform program requires continued credibility of the policy approach of the current team in OPP, working collaboratively with the Ministry of Economy and Finance (MEF), the line ministries, the public utilities and the regulators. Credibility and support of the MEF strengthen the prospects that the reform program can be sustained. Since its return to democracy more than two decades ago, Uruguay's political process has been dominated by a careful, consensus building approach. The economy is currently rocked by events in neighboring countries which challenge this style and pace of policy reform. While events may present a political opening for reforms to proceed quickly, continued economic decline could yield increasing public opposition to the Government's reform program. The measures taken so far indicate considerable political commitment to implement the required reforms. The PartidoBlanco has recently left the Government ruling coalition, but has not blocked major reform proposals in Congress. Similarly, the Frente Amplio (the opposition party) has not opposed fiscal adjustment, which is needed in light of the economic problem facing the country. Risk of Institutional Weakness. Another risk is institutional as several institutions will be contributing to the pace of reform and not all are at the same level of development. OPP is the strongest institution and few set Page vii backs are expected. However, the regulatory agencies are new and their progress in taking up new tasks may be punctuated by set-backs. The Bank's ongoing technical assistance loan will provide support to mitigate technical and human resource constraints. Financing Plan Not Applicable Net 1Present Value Not Applicable IProject l[dentification Number P078726 (SAL) P081495 (SSAL) Page viii INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT PROGRAM DOCUMENT FOR A PROPOSED PUBLIC SERVICES AND SOCIAL SECTORS STRUCTURAL ADJUSTMENT LOAN AND SPECIAL STRUCTURAL ADJUSTMENT LOAN TO THE ORIENTAL REPUBLIC OF URUGUAY I. INTRODUCTION AND RATIONALE 1. This memorandum proposes a Structural Adjustment Loan (SAL) for US$151.52 million and a Special Structural Adjustment Loan (SSAL) for US$101.02 million to Uruguay. The loans would support an ongoing and broad program of reforms in the infrastructure, public utilities, and social sectors. The loans are supported by an ongoing technical assistance loan (Project 070058, Loan 4598) approved on March 22, 2001 that could help facilitate the achievement of reforms targeted for second and third tranche disbursements. These loans follow up on two earlier Bank adjustment loans approved in August 2002, which focused on fiscal, financial and additional social protection reforms, and are part of a concerted international effort to help Uruguay withstand the impact of strong external shocks and set the stage for medium and longer term fiscal sustainability. A. Objectives and Coverage of the Program 2. The Government of Uruguay (GoU) has requested an economic and social reform operation from the Bank to support reforms to boost economic growth, improve the competitiveness of the Uruguayan economy, and improve the general welfare of the population through better provision of public and social services and infrastructure (rationale further elaborated in paragraphs 28 to 33). Though coverage and quality of public services and infrastructure are high relative to the region, their operating costs are also high and their delivery inefficient. This, together with a tightly regulated economy, are creating a drag on the economy and an overall loss of competitiveness. Progress on reforms has been made, most notably in ports and in some key transport services (the airport in Punta del Este and highway concessions). Electricity generation has been opened up for private participation. Water and sanitation services in the Department of Maldonado and natural gas distribution have been concessioned to private operators. Yet considerable challenges remain in further liberalizing key services and infrastructure sectors, strengthening regulatory frameworks, and increasing competitiveness of service provision. Addressing competitiveness and efficiency issues will allow Uruguay to more swiftly return to a path of sustained growth. In addition, efficiency in the health and education sectors, although high by regional standards, also offers opportunities to increase the impact of increasingly scarce fiscal resources. Efficient and effective social services are even more important in the current environment of protracted recession and economic uncertainty. They are also critical to mitigating possible negative impacts of structural reform. 3. While important reforms have been undertaken, there is great need for consolidation, partly because the pace of reform has not been homogenous across sectors. Failing to implement these pending reforms could put at risk the long term gains already made. Among the most important issues to be supported by the proposed loans are the following: o Consolidate regulation and accountability through the establishment of: appropriate legal and regulatory frameworks in natural gas, petroleum products, water and sanitation, postal services, and transport; a multisector (power, natural gas, petroleum products, and water and sanitation) regulator, Unidad Reguladora de Servicios de Energia y Agua O o o u o o o (URSEA), l and a system of public performance indicators. Rationalize public intervention and bring coherence to reforms in the electricity, petroleum and natural gas sectors through the development of a national energy policy. Establish a competitive wholesale power market. Move toward import parity prices for petroleum products and increase competition in retail activities. Facilitate access of private mobile telephone service providers to the market and consolidate the nascent competition in international long distance services. Strengthen the framework for private sector participation (PSP) in the water and sanitation sector by approving a sector law and grant a management contract for the Montevideo water supply system. Reduce cross subsidies in the public hospital system and bring the Fondo Nacional de Recursos to financial equilibrium. Protect key education programs from further budget cuts and improve sector management. 4. This project document provides an overview of the challenges to be addressed under these loans, the Government's policies and the actions to be included as loan conditions. The document begins with a review of recent economic developments in Uruguay, and a description of the linkages between infrastructure and economic growth and poverty reduction. Cross sector issues are then presented, followed by more detailed discussions of key sectors to be addressed. The Governments policies are summarized, and finally, the proposed loans are described. B. Recent Economic Developments 5. While Uruguay made considerable progress in achieving macroeconomic stability during the 1990's and the country's tradition of consensus based policy making generated substantial reforms, the country's approach and pace of reform did not provide sufficiently prudent fiscal scope to absorb external shocks (primary fiscal deficits averaged 1.5 percent of Gross Domestic Product (GDP) in 1999-2001), nor insulate the financial system and the economy at large from regional contagion. As a result and following four years of economic stagnation, the economy is now challenged by its most severe economic crisis in decades. 6. The close correlation between Uruguay's economic performance and its neighbors implies that contagion from Argentina has been the main driver in the deterioration of economic conditions which included a 10 percent contraction in output and a sharp increase in unemployment in 2002. Since 1998 the country has been hit by a series of internal and external shocks that have resulted in significant loss to competitiveness. These shocks included low agricultural commodity prices, an outbreak of Foot and Mouth disease in 2001, the sharp contraction in tourism (about one-fourth of export revenues) following the abandonment of the 1 Communications (telecom and postal services) will continue under the communications regulator, Unidad Reguladora de Servicios de Comunicacion (URSEC). Page 2 fixed-exchange rate regime in Argentina, the strong real peso appreciation vis-a-vis Brazil and Argentina, and most important, the freezing of bank deposits in Argentina, which fostered a massive run on deposits of Uruguayan banks - a 60 percent decline from mid-2001. The impacts of the crisis have magnified underlying weaknesses in the Uruguay economic system, including: (i) a relatively closed economy; (ii) pro-cyclical fiscal policies leading to high deficits during the downturn; (iii) deteriorating competitiveness linked to the provision of public services and infrastructure; (iv) inadequate bank supervision; (v) financial sector vulnerabilities stemming from a high share of volatile non-resident (specially Argentine) deposits; (vi) private liability dollarization; and (vii) high public debt denominated in foreign currency with short-to-medium term repayment peaks. 7. The resulting crisis of confidence has been reflected in: (i) increasing sovereign debt spreads, country risk premia over 2000 b.p.; (ii) a close to 50 percent reduction in the dollar value of the nominal peso following the flexibilization of its exchange rate band regime and adoption of a floating regime in June, 2002; (iii) a steep increase in unemployment to around 20 percent; and (iv) a 50 percent loss in bank deposits during 2002. The liquidity support provided to banks to finance the deposit run contributed to the sharp fall in international reserves - over US$ 2 billion (after factoring in IPI support, see further details in paragraphs 8 and 9) - bringing down reserves to critical levels and raising concerns regarding Uruguay's ability to service its external debt and to absorb additional pressures on its financial system. Fiscal revenues were hampered by the sharp contraction of GDP. 8. In this context, the IFIs in early August provided an unprecedented financial package to support the Uruguay economy, to help stem the run on banks, to insulate the economy from regional contagion, and to provide the basis for sustained economic recovery. The US$3.9 billion package was tied to deep structural reforms including a drastic expenditure restraint and fiscal adjustment effort - aiming to turn a primary balance deficit of 1.2 percent of GDP in 2001 into a three to four percent of GDP surplus in 2003. The Government's economic strategy also entails the liquidation and/or recapitalization of insolvent banks, the restructuring of the National Mortgage Bank (Banco Hipotecario del Uruguay (BHU)), extending the maturity of dollar time deposits of public banks, and full backing of sight and saving deposits in public and intervened banks supported by a US$1.5 billion facility funded by IFIs (Bank Stability Fund).2 9. As part of the IFI package, in August 2002 the World Bank approved a Structural Adjustment Loan and a Special Structural Adjustment Loan totaling US$300 million for the GoU. The Adjustment loans address issues of: (i) fiscal policy; (ii) BHU restructuring; and (iii) social protection programs, including unemployment insurance. Fiscal measures included efforts to reduce expenditures - particularly wages and pensions - and increasing tax revenues through a comprehensive reform of income taxes, as well as VAT, excise and customs duties aimed at reducing exemptions and loopholes. Reforms to the BHU aim to transform the entity into a, mortgage "generator", with its main source of funding coming from the sale of securitized mortgages in the secondary market. Support to the social sector aims to improve efficiency of expenditures and assure protection of the most vulnerable during the crisis through the development of an integrated beneficiary registration system and protecting key programs from budget cuts. The next tranche release (the second tranche of the SSAL) was originally scheduled 2 This facility does not form part of international reserves. Page 3 for the end of 2002, but will likely take place in the second quarter of 2003 due to delays in BHU restructuring which depended on passage of key legislation (particularly the Law that provides the framework for restructuring BHU, but also a law that enhances supervisory role of the central bank vis-a-vis public banks). In December, 2002, the Congress approved all the required legislation, and the Government has already transferred most deposits to the National Bank (13ROU) and begun the restructuring of BHU (a more detailed update of the implementation of this operation is in Annex 3). 10. GoU's adjustment program has already achieved positive results. Through a combination of growing revenues and virtually no wage increases (neither public nor private) the primary fiscal deficit turned into a surplus during the third quarter averaging around two percent of GDP during the second half - a primary surplus close to 0.5 percent of GDP is estimated for 2002. Tight monetary policy and the credit crunch that resulted from the banking crisis has contributed to keeping retail inflation under control and to stabilizing the exchange rate. The peso strengthened approximately 25 percent with respect to its low point and as a result inflation has been far lower than anticipated. Monetary and fiscal prudence contributed to this improvement. In spite of an almost 50 percent peso depreciation, the annual (end of period) Consumer Price Index (CPI) ended up at 25.9 percent, up from 3.6 percent in 2001, but less than the 30 percent plus figures forecasted in August-September of 2002. 11. Several short-term financial indicators have improved during the last quarter and up to the first half of January, 2003. International reserves rose to over UR$700 million, country risk premia declined to under 1500 basis points and bank deposits have risen four percent between September and mid-January. The exchange rate stabilized at around 27-28 pesos per dollar. 12. However, concerns on the Government's capacity to service its 2003 debt obligations, combined with adverse rumors in the financial system and hefty debt service obligations in February, led to a deterioration of key financial indicators in late January and February, 2003: international reserves declined to US$514 million in late February, over US$100 million of deposits left the banking system during the last days of January, and country risk premia rose back to over 2000 basis points. The amount of funds left in the Bank Stabilization Fund are estimated to be around US$ 380 million, down from around US$ 500 million in December 2003. The exchange rate depreciated, though only moderately, during the January-February period of financial turbulence to between 28 and 29 pesos per dollar. 13. During February, the Government developed a strategy for voluntary debt restructuring of its bond debt. The strategy is aimed at lengthening the maturity of bonds, avoiding peak repayments, and maintaining the interest rate cost of debt. The combination of this strategy with continued engagement by the IFIs will significantly reduce concerns on the fiscal financing gap and could pave the way for a stronger economic recovery. Macroeconomicprospects 14. Maintaining primary fiscal surpluses of between three and four percent of GDP will be a necessary condition for any desirable medium-term macroeconomic outcome; without it, access to markets and the opportunity cost of capital would not support a recovery. The scope for deepening and sustaining fiscal adjustment and refinancing debt is discussed below. The Page 4 financing strategy pursued by the Government will have to account for a complex international environment, particularly with reference to synchronized slowdown pressures in the industrialized countries and contracting capital flows to emerging markets. 15. Output recovery will remain closely tied to economic performance in Argentina and, more indirectly, Brazil. Over the next 2-3 years, the most likely sources of the recovery in aggregate demand are expected to be import substitution in the short term (imports contracted 36 percent in 2002) and exports over the medium term. The key to a strong recovery is investment, the aggregate demand component that declined most. It will however take time for even drastic structural reforms - infrastructure deregulation, trade agreements, banking reform - to provide a favorable business/investment environment. 16. While higher prices on agricultural commodities may help and some sub-sectors of industry and tourism may benefit from the weak peso, this will not be enough to achieve significant growth over the short term. About half of Uruguay's trade is with Mercosur countries in which their own currencies have been more heavily depreciated than the Uruguayan peso. The export potential, which in 2002 was been severely hampered by the crisis in Argentina and economic uncertainty in Brazil, may improve over coming years as Uruguay continues to reorient its commodity exports to countries outside Mercosur, or if the economic conditions in Argentina improve. Exports should also be favored as export credit lines recover. Advances in trade negotiations with the European Union and the U.S., through Mercosur, could play an important role in improving access of Uruguay's goods to developed countries. 17. The public finance and debt sustainability scenario outlined below assumes a modest output recovery - dollar GDP is expected to stay 20 percent below its 2001 level in 2008. A number of policies could lead to more favorable scenarios, depending on how well the policies are designed and implemented. The Government already has a strong commitment to many of these policies, which include: i) ii) iii) iv) Fiscal discipline is crucial to maintaining a stable and relatively depreciated real exchange rate; this will help boosting external competitiveness of tradable and selective service sectors including investment in those sectors. Recovery in agriculture, forestry, meat production, agro-businesses and tourism and several industrial sub-sectors could help to gradually offset the contractionary effects of the devaluation on domestic absorption. While sustainable growth needs to be export-driven and simultaneous with a greater opening of the economy, investment could play an important role during the recovery. Respect of property rights, preserving the integrity of private banks, institutional stability, modernization of the state, and fiscal prudence are all key ingredients of a favorable investment climate. The opening of areas currently dominated by the State - namely all the infrastructure services - to the private sector would facilitate private sector-led investment over the medium term. Improved efficiency in the delivery and price of infrastructure services is also crucial to increase productivity of the private sector and to consolidate competitiveness gains of Uruguay's products and services. Page 5 v) vi) vii) The scope of regional integration initiatives should not be limited to Mercosur. A possible though still remote Free Trade Agreement with the U.S. or with the EU could help to open industrial country markets even before negotiations begin. An inward looking public administration needs to be re-oriented to negotiate trade agreements, reduce red-tape for business, and promote exports with a view to integrate Uruguay with stable industrialized markets. This could mobilize foreign direct investment towards export and tradable service activities and simultaneously reduce Uruguay's exposure to regional macroeconornic volatility. The recovery of Argentina will be under almost any circumstance a strong factor of recovery in Uruguay. Structural determinants of the social security deficit will have to be addressed in order to sustain fiscal adjustment over the medium term. Debt and Public Finances- Background 18. The difficulties that the Government faced in cutting public expenditures resulted over the past three years in public sector deficits of around 3.8 percent of GDP - 4.1 percent of GDP is estimated for 2002. Primary fiscal deficits of on average 1.4 percent of GDP in 1999-2001, compared to primary surpluses of 0.5 percent of GDP in previous years, were the main factor behind rising fiscal deficits. The interest service also rose. In 2002, the improvement in the primary balance was more than offset by the rising interest service as a result of the real peso depreciation. 19. Table 1 portrays the evolution of public sector accounts. Consistent increases in wages and salaries, current transfers (pensions) and consumption of goods and services (excluding wages) have been the main sources of the increase in primary real expenditures through 2001 and the main cause of their decline in 2002. Since the recession began in 1999, the decline in real revenues was followed by a decline in real public expenditures at a slower pace. The widening of the social security deficit is the single most important factor behind rising budget deficits in the mid 1990s (it coincided with the introduction of a mnixed capitalization and pay-asyou-go-system). Social security transfers account for half of public expenditures. The capital account - capital revenues less capital expenditures - contributed to attenuate the increase in the deficit. 20. The deterioration in public finances led to increases in public sector indebtedness (see Table 2). Total public debt increased from under 40 percent of GDP in 1997 to 54 percent of GDP in 2001. As most debt was denominated in foreign currency, the large real exchange rate depreciation led to a rapid surge in the debt ratio to 89 percent in 2002. The increase in debt is principally explained by IFI's loans to build up central bank reserves following the massive run on deposits and re-capitalization needs of the banking system. A further increase to around 110 percent is expected in 2003 mostly as a result of the average exchange rate depreciation vis-a-vis the average of 2002 (no significant change with respect to the second half of 2002). Page 6 Table 1: Non Financial Public Sector Finances* (in billion of US dollars) Overall Surplus/Deficit Total Revenues, inci current Grants Expenditures and Net Lending Overall Surplus/Deficit, excl. current Grants Primary Surplus 1998 -0.9 329 33 8 -0.9 1.0 1999 -4.0 32.3 36.3 -4 0 -2.0 2000 -3.9 31 4 35.3 -3.9 -1.3 2001 -4.0 32.1 36.1 -4.0 -1.1 est. 2002 -4.0 31.7 35.7 -4.0 0.5 proj. 2003 -1.4 31 8 33.1 -1.4 3.4 Current Budget Balance Current Revenues Direct Taxes Indirect Taxes On domestic goods & services On intemational trade Non-tax Receipts Social Security Contributions Grants, current (current LCU) Current Expenditures Interest Payments Interest on Extemal Debt Interest on Domestic Debt Other Current Transfers o.w. Social Secunty Transfers Consumption Wages and Salanes 0.8 30.4 8.7 12.8 11.7 1.1 27 6.1 0.0 29.6 1.9 1.1 0.8 16 0 15.2 11.7 6.8 -1.8 30.3 8.9 12.3 11.4 0.9 2.7 6.3 0.0 32.0 2.1 1.2 08 17 3 16.7 12.7 7.2 -2.4 29.4 8.8 12.1 11.3 0.8 2.4 6.1 0.0 31.8 2.6 1.6 1.0 17.5 16.9 11.7 7.1 -3.3 29.2 8.8 12.8 11.8 1.0 2.1 5.5 0.0 32.4 2.9 1.7 1.2 17.1 16.6 12.4 7.3 -4.2 29.1 10.1 12.4 11.5 1.0 1.8 4.7 0.0 33.3 4.5 2.5 2.0 17.1 16.6 11.7 7.0 -1.5 29.2 10.1 12.6 11.5 1.1 1.8 47 0.0 30.7 4.7 2.8 1.9 15.1 14.7 109 6.2 Total Capital Revenues 2.5 2 1 2.0 2.9 2.6 2.6 Total Capital Expenditures * Excludes Central Bank 42 4.3 3.5 3.7 2.4 24 21. The increased debt and exchange rate depreciation also led to an increase in the interest service-GDP ratio from 2.9 percent to almost 5 percent in 2002 and 2003. On top, with virtually no access to international financial markets, large contractual debt repayment obligations will lead to a large fiscal financing gap in 2003-2006. The financing gap is the result of repayment peaks with private bond holders in 2003. Contractual debt service obligations falling due in 2003 were around US$900 million towards the end of 2002 (before the Government repurchased or cancelled part of its debt with institutional investors). Also, about US$2.6 billion of amortizations with IFI's are due in 2005-2006, mostly with the IMF. The resulting financing gap is based on contractual arrangements at the end of 2002 based on IMF projected disbursements according to the August, 2002 package. Page 7 Table 2 - Public Sector Debts (in million of US doglars) Consolidated Public Debt by Creditor Official Creditors Multilateral Bilateral Private Creditors Commercial Banks Other Financial Institutions Non-Financial Sector 1999 8,525 2,387 1,919 468 6,138 2,129 3,635 374 2000 9,158 2,511 2,108 403 6,647 2,103 4,168 376 2001 110,072 2,525 2,218 307 7,547 2,142 4,478 927 2002 10,989 4,696 4,440 256 6,293 1,786 3,734 773 Consolidated Public Debt by Instrument Bonds (incl.Bradys) International Loans Multilateral Bilateral Other International Loans Suppliers Net Deposits Other (incl. Assistance to Fin. System and Fin. Gap 8,526 4,465 2,470 1,919 468 83 96 1,282 213 9,133 5,073 2,579 2,108 403 68 73 1,240 168 10,072 5,677 2,661 2,218 307 136 80 1,459 195 10,989 5,000 4,805 4,440 256 109 120 869 195 *Sourcei World Bank Debt sustairability 22. In view of its potential debt servicing difficulties, the Government has explored options to improve the amortization schedule of its debt obligations with private bond holders and has sought continued engagement from the IFIs aimed at spreading more evenly net repayments over time. The Government is poised to reach an agreement with its private creditors for a debt exchange that will extend the profile of amortizations to at least five years. 23. The base case scenario for debt sustainability analysis assumes average GDP growth of 2.7 percent over 2003-2012, primary surpluses of 3.4 to 4.0 percent of GDP, and only a slight real peso appreciation over the period (around two percent between 2002 and the average 200312). Under these assumptions, the debt-GDP ratio is projected to decline to the 70 percent range over the next five years and to the 60 percent range over the next 10 years. 24. Over the short term, meeting fiscal targets will depend critically on the ability to restrain nominal expenditure in wages and pensions in the face of inflation. Over the medium term, sustaining adjustment will possibly require adjustments to the social security regime, deregulation and privatization, and increased efficiency of social spending. The feasibility of the public finance challenge has to be understood taking into account the following key facts: i) ii) While seigniorage from inflation is unlikely to reach the levels of the 1980s, there is an opportunity to lower real public expenditure through transitory inflation in 2002-2003; A regional trend towards larger primary fiscal balances - Brazil is close to a four percent of GDP surplus and likely to go beyond that target even under the Page 8 iii) new government. Outside the region, Korea, Thailand, Turkey and Russia have attained primary surpluses of around four percent in 2000-2002; and Since the IFI's aid package in August, 2002, monetary targets have been met, and tangible and sizable fiscal efforts have been demonstrated - an average primary deficit of 1.2 percent of GDP in the first half of 2002 turned into an average primary surplus of over two percent of GDP in the second half of that year; the primary surplus target for 2003 is 3.4 percent of GDP. 25. The combination of inflation and fiscal discipline can lead to a sizable reduction in noninterest current public expenditures in 2003. Based on some simulations current expenditures are estimated to drop 3.7 percentage points (p.p.) of GDP in 2003. Even assuming that taxes decline as a share of GDP by 1.2 p.p., there would be an improvement in the primary fiscal balance of 2.5 p.p. in 2003. Thus, a primary fiscal surplus of three percent in 2003 appears feasible. 26. Other factors of the fiscal balance - capital expenditures and assistance to the financial sector - while difficult to predict are unlikely to be burdensome at least over the next couple of years. Real capital expenditure cuts have been drastic, over 40 percent since 1999; however, the deep recession is likely to temporarily alleviate pressures from this source due to low levels of activity. On the financial sector, the Government's decision to liquidate the four intervened banks is critical for cutting possible future losses derived from further bank re-capitalization programs. The new bank created in December out of the best assets of the liquidated banks, called the Nuevo Banco Comercial, is well capitalized - over 15 percent of risk weighted assets and liquid. At least over the next couple of years, a re-capitalization of such bank is unlikely. Similarly, important decisions to cut future losses of BHU have been taken, including transfer of deposits to BROU, a cap on the stock of mortgages that the new bank can hold in its balance sheet, and an acceleration in the process of loan collection. 27. In short, despite a likely further deterioration in social indicators, Uruguay's good track record and consensus-based institutional stability make it unlikely that social and political tensions will erode the working of institutions to find constructive solutions to its economic difficulties. Uruguay's performance will remain very sensitive to regional macroeconomic developments. In that regard, at least from a historical perspective, the current situation in Argentina appears to have more upside than downside. This must be taken into account not just in choosing the more likely real exchange rate path but also with regard to the scope for economic recovery. Even if long-term growth remains low in Argentina, a sizable recovery from the 20 percent output collapse in Uruguay can be expected. C. Economic Growth, Infrastructure and the Social Sectors 28. As mentioned above, over the medium term debt sustainability hinges on prospects for restoring economic growth. The reforms supported by the proposed loans will be key factors for Uruguay's economic recovery over the medium term. Factors contributing toward the return to growth and addressed under the proposed operation include the opening of telecommunications, water and sanitation, transport, and energy - areas currently dominated by the State - to the private sector. These reforms would facilitate private sector-led investment, as well as restructuring the state to increase productivity of the private sector. Improved efficiency in the Page 9 delivery and price of infrastructure services will also be crucial to consolidate the competitiveness of Uruguay's products and services. 29. Numerous studies have demonstrated the large impact of infrastructure on economic growth and general welfare. Between 1980 and 1998, the gap between economic growth in East Asia and Uruguay increased by 76 percent, with infrastructure sectors being responsible for 21 percent of this gap.3 Moreover, services and infrastructure of excellent quality and optimal provision are of particular importance for Uruguay given the country's future as a provider of services, its primary sector production distributed throughout the country, and its strategic location between Argentina and Brazil. The provision of public services can be measured by the coverage and quality of the services offered, the efficiency with which resources are used and produced, and the prices at which the services are offered to the final consumers. With the exception of sanitation, the coverage and quality of services in Uruguay are among the best in Latin America. Though there is room for improvement, this is not a priority. The key in Uruguay centers on the efficient production of these services and the corresponding high prices of some services relative to other countries in the region. 30. The success of Uruguay in increasing exports and providing services to its neighbors as primary motors of economic growth depends in large part on the existence of adequate infrastructure. In particular, appropriate and efficient communications and transportation networks are crucial to these goals. Production centers for export products, in particularly those from the primary sector, are dispersed throughout the country and are particularly sensitive to the high logistics costs of existing infrastructure (overall generalized transport cost to move goods and passengers from their origins to their destinations). In Uruguay, these logistics costs reach up to 20 percent of the product value. These figures are less than Argentina and Brazil, but higher than both Chile and Mexico and much higher than the average of OECD countries where they are at about 9 percent. 4 31. Infrastructure is a key factor in these costs. Inventory levels in Uruguay are three times higher than in the United States. These costs, added to the high costs of finance in Uruguay, significantly reduce the country's competitiveness. Deficiencies in the transport sector and associated services (freight, containers, insurance, intermediaries and multimodal operators) and the high costs of telecommunications are key factors in determining these logistic costs. While the coverage of the road and rail networks are extensive, their operation is questionable, and in particular that of the rail system as demonstrated by their scarce participation in freight (less than five percent). The integration of rail, roads and port access is essential and working toward an integrated vision of the sector is a priority. To achieve this objective and in particular during this period of scarce public resources, priorities for public sector investment must be established. Reducing the high logistic costs, a condition essential for growth of exports, also requires improved port operations and procedures and monitoring for anticompetitive actions. 32. The best way to improve service provision in Uruguay is facilitating competition and implementing an effective regulatory structure in the sectors where competition is not possible, 3Calderon, C. and Serven, L. (forthcoming): "The Output Cost of Latin America's Infrastructure Gap". The World Bank. 4Guasch, J. and J. Kogan (2001): "Inventories in Developing Countries: Levels and Determinants, A Red Flag on Competitiveness And Growth" World Bank Policy Research Discussion Paper 2552. Page 10 as in the case of natural monopolies. Increasing competitiveness can be achieved by opening or liberalizing sectors, the entrance of new operators (public or private), and reforms of the sector structures. The Government has advanced in establishing transparent legal and regulatory frameworks, which are particularly important due to the coexistence and growing competition of public and private companies in Uruguay. Coexistences and competition may create incentives that require permanent and specialized oversight and in whose absence the cost of capital may increase in general around three to six percent, equivalent to tariff increases of 20 to 30 percent, due to increased regulatory risk. 33. Beyond infrastructure and services, Uruguay's growth has been supported by high levels of human capital which have contributed to the country's history of high per capita income and to one of the most equitable income distributions in the developing world. Primary school completion rates are at 98 percent and Uruguay is ranked 40 th on the United Nations Human Development Index (five slots ahead of Costa Rica and 10 slots ahead of Mexico). Access to basic health care is close to universal, primary school enrollment is universal and completion rates reach 98 percent. The country's history of social protection programs and investment in human capital contributed to the broad sharing of the benefits of economic growth among its population. The large reduction in fiscal spending necessitates a fine-tuning of Uruguay's traditionally successful, generous and broadly targeted welfare policies. Reforms to support fiscal savings, increase efficiency, and improve targeting will be necessary to ensure that the high levels of human capital are sustainable during the period of increasing demand due to the economic downturn and fiscal restraint. II. LINKS TO POVERTY REDUCTION Country Assistance Strategy 34. The proposed operation is an important part of the Uruguay Country Assistance Strategy (CAS) and CAS Progress Report poverty reduction strategy (discussed by the Board on August 8, 2002), and in line with the issues identified in the 2000 Poverty Assessment (an update to the Poverty Assessment is currently under preparation). The strategy considers renewal of broadbased growth, based on macroeconomic stability and fiscal adjustment, necessary to sustain progress on social issues. Beyond macroeconomic stability, the program calls for fine tuning of social programs. The current crisis has proved to be very sharp and deep and is leading to a worsening of social conditions. The most immediate impacts of the crisis appear to be an increase in unemployment, from 11.4 percent in 1999 to 19.8 percent by the end of 2002 (Instituto Nacional de Estadistica, INE). Data on poverty impacts since the onset of the recent crisis indicate deterioration as well. Using the Bank's methodology5 , it is estimated that poverty grew from 21.6 percent in 1998 to 23.6 percent at the end of 2001. Income inequality has also worsened, as shown by an increase of over a percentage point in the Gini coefficient. These developments result from a deterioration of real household income of about 10 percent during the last two years. Given the experiences of countries such as Korea, Thailand and Argentina during economic crisis, the expected continued decline of economic activity in Uruguay through 2002 and the effects of fiscal adjustment, it is likely that both poverty and inequality will continue to 5 Described in detail in the Uruguay Poverty Assessment: Uruguay, Maintaining Social Equity in a Changing Economy (Report No 21262) Page I I deteriorate at least for one more year. The large reduction in fiscal spending, combined with these impacts of the crisis, and the changing needs of vulnerable groups, particularly children, necessitate adjustments to Uruguay's welfare policies. The focus on enhancing the efficiency and productivity of social spending will help to provide for growing needs during the current period of fiscal tightening. 35. The proposed operations provide a comprehensive approach that attacks two key constraints faced by the country in its fight against poverty: (i) poor perfornance in terms of output growth; and (ii) scarce resources to provide social assistance in times of growing needs and changing vulnerabilities. The instruments used aim to increase productivity of the economy as a whole, to enhance quality of key services, to free-up resources currently used in nonproductive uses, and to protect the main social programs from budget cuts. Increasing lnfrastructureand Long Term Growth 36. Economic growth is the main proven engine for poverty reduction. As outlined above, infrastructure investments are an important factor for economic growth. Evidence from Bolivia, Colombia, Mexico and Venezuela indicates that a 10 percent increase in infrastructure stocks and quality has led to a 1.5 percent increase in GDP. Additional evidence shows that in Latin America as a whole, a single percentage point of growth reduces the number of people living in poverty by half a percentage point, although with some lag. Chile, the only country to dramatically reduce poverty in the Southern Cone, managed a 33 percent decline in poverty with a decade of seven percent growth per year (1987-1998). 37. Sector reform and private sector participation offer the opportunity to make the public utilities, infrastructure and social sectors more efficient. This will reduce costs and free up private resources for further private sector investment and job creation, as well as free up government resources for targeted investments and social programs. Uruguay's infrastructure and social sectors have traditionally absorbed large volumes of resources to cover inefficient operations and less than optimal investment programs. Uruguay's public utilities have approximately 30,000 employees, and the public sector overall employs about one out of every five workers in the country. Assuring the Delivery of Services to the Poor 38. In addition to freeing up resources due to efficiency gains, sector reform is designed to sustain and in some cases increase infrastructure assets of the poor. Efficiency gains from sector reform can support much delayed investment, as is the case of sanitation investments in the interior of Uruguay. However, in terms of the majority of services, reform design will help assure continuation of the current high levels of coverage and quality. Overall, public services coverage has been extensive and affordable to the poor. Coverage of basic telephone services is the highest in the region (28.1 lines per 100 inhabitants in 2001), energy access is universal, and water supply coverage is almost universal (98 percent) when public standpipes and improved 6 point sources in rural areas are considered (90 percent when only pipe water is considered) . According to the United Nations, sustainable access to an improved water source refers to population with "reasonable access to an adequate amount of water from an improved source, such as a household connection, public standpipe, borehole, protected well or spring, and rainwater collection." Reasonable access is, in turn, defined as 6 Page 12 Household expenditure surveys indicate that in Montevideo, the poorest 10 percent of households were spending between 7.1 and 9.4 percent on water and energy. This is well below the normative threshold of 10 percent for these services. Past achievements were accomplished through the public utilities, which took on business as well as social responsibilities, and financed investment and consumption for low income populations through cross subsidies. In particular potential increases in electricity and LPG tariffs, may call for a more explicit government policy to assure continued affordability and broad coverage, particularly in light of potential impacts of the current economic crisis. The Government is keenly aware of these needs and has included the development of policies and instruments to sustain, and in some cases to improve affordability, coverage and quality of services to the poor as part of their reform agenda (see Annex 4: Social Impacts of Public Utilities Reform for further details). Strengthening the Provision of Health and Education Services 39. The reforms supported in the health and education sectors will bring greater pro-poor allocation and internal efficiency, key to maintaining crucial services during the fiscal crisis and assuring their sustainability in future years. Reforms being supported in the health sector will generate efficiency gains that will allow the Government to protect the financing of health services for the poorest. By better focusing expenditures and correcting current subsidies from the public hospitals' budget toward private insurers (Instituciones de Asistencia Me'dica Colectiva, LAMCs), as further explained in 88) and by advancing innovative managerial arrangements, the proposed program will strengthen the capacity of the public hospital network to serve the poor while supporting fiscal restraint. 40. The protection of key education sector reforms would serve the interests of the poor by ensuring that existing programs targeted towards the poor are maintained, and that the education system continues to provide the minimum level of basic inputs such as textbooks and school maintenance. The existing educational program is already quite equitable, with nearly 60 percent of public subsidies going to the poorest two quintiles of the household income distribution, so the maintenance of the existing program would reinforce the poverty alleviation effect of educational spending. The management reforms at the Administraci6n Nacional de Educacion Puiblica (ANEP) supported under this operation will serve to improve the education system's ability to respond to growing needs under tighter fiscal constraints. 41. The reforms supported under this operation are complementary to Inter-American Development Bank (IDB) and World Bank lending. The IDB recently approved a US$500 million emergency loan to help Uruguay deal with the consequences of the current crisis. This is in addition to ongoing projects in secondary education and upgrading of marginal neighborhoods. The World Bank loans approved in August of this year provide support for measures to increase the focus of social spending on programs to offset the potential adverse effects of the fiscal adjustment, including protecting the budgets of priority social safety net programs, mechanisms to improve beneficiary registry, and strengthening of unemployment insurance. These loans are in addition to ongoing loans supporting pre-school and primary "the availability of at least 20 liters a person a day from a source within a one kilometer of the dwelling". World Heath Organization and United Nations Children's Fund , Global Water Supply and Sanitation Assessment 2000 Report. Page 13 school education. In addition, the Bank is carrying out an update of its country poverty assessment, seeking to shed light on two main points: (i) identifying the most noticeable and severe effects of the ongoing recession on the welfare of the Uruguayan population (along the entire income distribution); and (ii) outlining the strategies that Uruguayan families and individuals have used to cope with the crisis. This work will be based on existing information (household surveys) and additional information, whose collection may be funded by the Bank. It will provide the analytical underpinning for future Bank poverty related operations in the country. ERE. CURRENT STATUS AND JISSUES IEN PUBLIC SEICES, NIFRASTRUCTURE AND SOCIAL SECTORS 42. Considering the strong links between public and social services, growth, and poverty reduction, and the need to address Uruguay's financial requirements, the proposed project will support the Government's plans to tackle key challenges in these sectors. The country's deep recession and high debt levels have made urgent the need for efficiency gains in the economy. Greater competition requires fundamental rethinking of the state of service provision and a major new regulatory effort. Competition and Regulation 43. Though the Government is gradually introducing competition and improving regulation into the infrastructure sectors, considerable work remains. The success of fostering competition through liberalization of service provision depends on controlling the market power of the dominant companies. In Uruguay, the sectors in which this occurs or could occur include the power sector where the public company Administracion Nacional de Usinas y Transmisiones Electricas (UTE) controls transmission; the petroleum sector where the public company Administraci6n Nacional de Combustibles, Alcohol y Portland (ANCAP) controls the storage and importing infrastructure; and the telecommunications sector where the public company Administraci6n Nacional de Telecomunicaciones (ANTEL) controls the fixed lines. In the rail sector, although the MTOP owns the networks and its usage is open to any operator since June 2002, the sector does not have clear rules to ensure competition. 44. The current allocation of responsibilities in the public sector does not facilitate efficient delivery of services since the roles of regulation and service provision have been traditionally vested in the same company. In the water and sanitation sector, the public utility regulates its own service provision. The cases of the rail and petroleum sectors are similar, though there has been progress on reform during the last year. Moreover, most public utilities enjoy a political power larger than most other Latin American countries because of their position as national monopolies. Due to this situation, the progress made by the Government in regulating these industries has been slow. A multisector regulator, URSEA, was recently created for water and sanitation, power, natural gas and petroleum products (URSEA took over UREE's responsibilities for regulating the power sector). A regulatory agency, URSEC, has also been established for the communications sectors. While having a large degree of autonomy, some of the functions of these agencies are restricted. Most notably, the agencies have the capacity to only recommend tariff changes while the ultimate say on tariffs remains with the Executive - a restriction established in the Uruguayan Constitution. Page 14 45. The quasi level playing field for competing public and private operators may limit competition on both sides. Legal and regulatory frameworks differ for public and private companies on issues such as labor practices, procurement rules, taxation and dividends, and imposition of investment obligations to fulfill social policies. Public utilities claim that their status as public sector companies significantly increases their costs of doing business relative to what an efficient power company could achieve. A. Energy Sector 46. Uruguay is facing strategic decisions in meeting its energy needs. The country is entirely reliant on imports for all fuel needs, as well as marginal increments in electricity supply. Until now, electricity demand growth has been met almost entirely by imports from Argentina; while the potential to import cheap surplus electricity from Brazil has been largely overlooked due to transmission constraints and the different characteristics of electricity on both sides of the border. The completion of a major natural gas pipeline from Buenos Aires to Montevideo, will soon make it possible to replace electricity imports with domestic gas-fired generation, as well as to substitute natural gas directly for a variety of domestic and industrial applications. 47. At present, it is not clear that Uruguay has found the most efficient or secure balance of energy imports. Moreover there is an absence of publicly available, rigorous analysis to support key government decisions. The existence of various price and tax distortions in the petroleum products sector are likely to limit the efficient penetration of natural gas, since industrial consumers of fuel oil as well as domestic consumers of LPG, do not currently perceive the true economic benefit of the new fuel. Furthermore, there are a number of provisions in the recently approved regulations that may interfere with the objective of regional integration and fair competition between Uruguayan generators and those in neighboring countries. a First, the regulations make it unlikely that further interconnection capacity with Brazil will ever be developed because international interconnections are not treated as a public interest question for the purposes of developing the transmission network. As a result, international connections will not be centrally planned or financed, but left to independent private initiative. At the same time, the regulations do not allow a private operator of an international interconnection to benefit from arbitraging differences between the spot markets in Brazil and Uruguay. Such differences are required to be "socialized" across the market. Thus effectively, private investors must assume the cost of developing international interconnection capacity but are not able to capture the full benefits of the infrastructure. a Second, the regulations give the Ministry of Industry, Energy and Mines (MIEM) considerable discretion in setting and modifying the size of the strategic national reserve of generation capacity. By these means, the Minister could effectively change the balance between imports of gas and electricity, without an economic justification. The absence of objective criteria to govern the size of the national reserve creates the possibility that it could be used to protect domestic generation from international competition, with disregard from economic considerations. u Third, the regulations create an asymmetry between Argentine and Uruguayan generators in the competitive market, given that the former can participate on both the Argentine and Page 15 Uruguayan spot markets, whereas the latter can participate only in the Uruguayan spot market. UTE argues that this puts Uruguayan generators at a disadvantage because they are not able to take advantage of price differences between the two markets in discharging their contractual obligations to supply energy. Power 48. At present, there is very little competition in the Uruguayan power sector and the current regulatory framework is not yet fully functioning. The electricity sector in Uruguay has traditionally been dominated by UTE, an integrated public utility responsible for generation, transmission and distribution throughout the country, which currently serves all residential and non-residential customers. A sector regulator, Unidad Reguladora de Energia ElMctrica (UREE), was established in 1997 to oversee the power sector and made strides in developing the regulatory framework, though considerable work remains. In December 2002, URSEA, the new multisector regulator took over UREE's responsibilities for regulating the power sector. UTE has taken significant measures to improve its performance during the last decade. Since 1995, UTE has improved labor productivity by 70 percent, increased billing by 30 percent, reduced outages by 40 percent, and reduced tariffs by 27 percent. 49. Although, Uruguayan pre-tax retail electricity prices are about average for non residential 50. customers in the region, its residential prices are among the most expensive. In both cases, the prices are comparable to those in Argentina. Countries such as Brazil, Chile and Paraguay have lower prices than Uruguay for both residential and non-residential customers, while other regional comparators have lower prices than Uruguay for one group but higher prices for the other. Figure 1: Regional comparison of retail prices for electricity (without taxes) Argentrna Uruguiay Peru Bollsla Colombia Ecuador Brazil Chle Colombia Peru Argentina Uruguay Venezuela Brazil Boliva Paraguay Ecuador Chile Paraguay Venezuela 0 100 50 Pnce before tax (US$/MWh) 2001 (a) Residential Customers 0 150 100 50 Pnce before tax (US$/ltAWh) 2001 150 (b) Non-residenitial Customers 51. Competition is limited to bidding by Argentine generators to supply the Uruguay electricity deficit. Large industrial customers which previously had no option but to buy their energy from UTE, can now negotiate their own power purchase agreements. Industrial customers state that they would prefer to buy their energy directly from Argentina, or would in some cases engage in co-generation if they had the possibility of selling surplus power to the Page 16 grid. Until recently, UTE has been self-regulating, subject to tariffs determined by its major shareholder the government. However, given that until 2002 UTE has consistently generated an annual dividend to the state (US$75 million in 2001), conflicts clearly arise between consumer and shareholder interests. Regarding the recently designed set of sector regulations (general dispositions, wholesale 52. market, transmission, and distribution), there are a number of concerns with the design of the reforms that may potentially limit their impact. The first concern relates to the absence of any vertical disintegration between UTE's generating assets that will be competing in the wholesale market, and UTE's transmission and distribution assets that will remain a natural monopoly. This raises concerns about potential cross-subsidization between natural monopoly activities (transmission and distribution) and competitive activities (generation). The remedy currently contemplated is that of vertical accounting separation between the generation, transmission and distribution activities of UTE. Although international experience demonstrates that accounting separation is a weak remedy, it does represent an important first step in the right direction. 53. The second concern relates to the relationship between UTE, the regulatory agency, and the Executive Branch. The Government is both the sole shareholder of UTE, and the final authority for approving tariffs. This raises conflicts of interest in the tariff determination process. There is also potential tension between the new pluri-annual regulatory process of tariff determination, and the traditional annual financial framework of the companies based on a negotiation with the Office of Planning and Budget (OPP). The new regulatory framework does not provide consistency between the two. Hence, for example, UTE may find that it is committed in regulatory terms to meeting a certain quality of service target, but due to public sector borrowing constraints may not be given access to the necessary investment resources. Problems could also potentially arise surrounding the consistency of the government's dividend policy and the financial framework set by the regulator. Petroleum Products The petroleum sector suffers from very limited competition, high ex-refinery prices and 54. tax distortions impacting the relative prices of gas and gas oil. Lacking natural resources, the main activities of the petroleum sector in Uruguay are the importation of crude oil and refined products, the operation of a refinery, and the transport, storage and commercialization of petroleum products. In this context, best practice would be regulation of the main storage and transportation system and open competition in the rest of the supply chain. In the case of Uruguay, this strategy is not possible because of the overarching dominant position of ANCAP, the state administered company. The company, which reports to MIEM, holds a monopoly on refining and the import of crude oil and petroleum products, which result in no market 7 competition in up-stream activities7. 55. There is only very limited competition in the retail segment of the sector. Private companies participate in commercialization under contracts signed with ANCAP, including Shell, Esso, Texaco, Distribuidora ANCAP, Acodike, Roigas and Gasur. These contracts are regulated by ANCAP, who determines the location and number of retail stations and also 7 Law 17,448 of January 2002 ends ANCAP's monopoly on the refining and import of crude oil in January 1, 2006. Page 17 competes in the retail market through its own distributor, Distribuidora ANCAP. Lacking a clear regulatory framework, ANCAP defacto assumes regulatory functions in terms of product quality, distribution margins, and conditions for the entrance of newcomers into the supply chain. 56. Prices for petroleum products - at the refinery level and at the consumer level - are well beyond import parity due to taxes, inefficiencies in ANCAP, and rent seeking by the monopoly company. At the refinery level, until the year 2000, taxes on petroleum products were a percentage of the product ex-refinery price. As a result, Uruguay now has the highest gasoline prices in the region. To partially compensate for the high gasoline prices, fuel oil and LPG prices have been maintained below import parity levels. Moreover, the sector lacks a clear framework for regulatory accounting. As a result, there are no measures in place to guard against transfer pricing by ANCAP between their retail, trading, wholesale, refining and nonpetroleum operations. 57. Using ex-refinery prices provided by ANCAP in September 2002, the difference between the ex-refinery prices and import parity is shown in Table 3. According to this table, the extra price paid by the Uruguayan consumers in 2002 would amount to about US$70 million. Other estimates using different ex-refinery prices and import parities give a much higher annual difference. Table 3: Ex-refinery and import parity prices for petroleum products in Uruguay (Prices are in US$ as of August 2002) GasolinaSupra95 Gasolina Especial 85 Ecosupra 95 Diesel Fuel Oil LPG Source ANCAP Consumption (m3) 2166 59.8 68 4 7764 141 2 172 3 Estimated Import Parity Pnce 25634 240 25 259 46 22423 190 31 196.14 Ex-refinery Price 40121 377.34 416 89 269.33 104 98 183.26 Absolute pnce differences +141 87 +137 09 +156 63 +45 10 -85.33 -12.88 Percentage difference mnpnces +36% +36% +38% +17% -81% -7% 58. At the consumer level, as shown in Table 4, taxes on diesel are more than five times lower than taxes on gasoline. This lack of homogeneity in taxing petroleum products accentuates the distortion in relative prices, which provides a wrong signal to consumers and induces unnecessary investments in refinery units to obtain a higher yield of diesel. Measures should be taken to reduce this distortion. Table 4: Gasoline and diesel pump prices in Uruguay (US$/liter) (August 23, 2002) Gasoline Supra 95 Diesel Pump Price 0 787 0 366 Tax 0.346 0 065 ANCAP 0.441 0.301 59. Continued ANCAP control of logistic facilities, the small size and concentration of the market in the Montevideo area limit opportunities for the development of market competition. Incentives to competition in the region are further dampened by the fact that privatized coastal refineries in Argentina are not subject to open access regulations, each maintaining logistic installations reserved exclusively for their own operations. As a result, the committee currently working on the association of ANCAP with a private partner does not foresee the need to provide for open access to existing logistic facilities in Uruguay. Page 18 Without open access, competition in the Uruguayan market would likely be limited to 60. retail as importers of petroleum products could not cost effectively duplicate ANCAP's logistic facilities. Lacking a clear open access framework to ANCAP's port and warehouse facilities, there is a serious risk of limiting the benefits of private sector participation (PSP), as the result may be simply changing the monopoly of the supply chain from ANCAP to the joint publicprivate partnership. Even if the current law provides for the open importation of refined petroleum products by all interested companies by January 2006, if there is no access to ANCAP's port and storage facilities, competition will be limited to possible importations by road tankers and to the eventual decision of the distribution companies to build new wholesale facilities. The opportunities for the entrance of new players in the downstream supply chain of Uruguay would therefore in the short term be restricted to the retail business. Natural Gas 61. The Natural Gas sector, one of the most competitive sectors in Uruguay, lacks a regulatory framework to oversee the competition of private operators, and has very limited penetration due to pricing distortions and associated up-front infrastructure costs. Although, natural gas has been available in the interior of the country since 1999, the impact has been limited due to the modest distribution network. At present, the private utility that distributes natural gas in the interior serves only 3,000 residential customers and ANCAP supplies natural gas to a handful of industrial customers. The real shift in Uruguay's energy portfolio will come about with the completion of the Cruz del Sur pipeline that will bring natural gas to the major population center, Montevideo. 62. There is currently no regulatory framework for the natural gas industry, with both distributors operating under the terms of their concession contracts. However, a new natural gas law is presently under consideration by Congress. The new law and the recent creation of the multisector regulator, URSEA are viewed positively from an industry perspective as they help to resolve many areas of legal ambiguity. 63. At first glance, the Uruguayan market appears to offer significant potential for take-up of natural gas. The gas distribution industry estimates that, under normal economic conditions, about a third of residential customers could be expected to switch to natural gas. This suggests a best case scenario of 150,000 potential residential clients, each with a typical consumption of 700 cubic meters per year, implying that total residential demand would be no more than 0.3 million cubic meters per day. The main competitors for natural gas are electricity for water heating, Liquid Propane Gas (LPG) for cooking, and a mixture of electricity, LPG and wood for space heating (which alone accounts for 50 percent of household energy use). 64. In practice, the take-up of natural gas is likely to be circumscribed by a number of important barriers. First, distortions in the price regime for petroleum derivatives mean that consumers do not fully perceive the economic benefits of switching to natural gas. Thus, in the industrial market, fuel oil (which is the main competitor to natural gas) is cross-subsidized to the tune of 45 percent, while in the residential market, LPG (which is an important competitor to natural gas for cooking and space heating purposes) is cross-subsidized to the tune of seven percent. Page 19 65. Second, the conversion to natural gas entails substantial switching costs for the residential customer. These are estimated to be around US$2,000, and comprise not only the connection to the natural gas network (barely 10 percent of the total cost), but also internal plumbing as well as the conversion of the cooker, water heater, and space heating system to natural gas. Although the payback period is less than five years, the depressed condition of the economy combined with the absence of consumer credit makes it unlikely that households will be able to support this cost. 66. Third, the precarious position of the Uruguayan industrial sector means that there are only a handful of potential industrial clients who could credibly enter into long-run gas supply contracts. In addition, the recent dollarization of Argentine gas export contracts, makes it much more attractive for energy intensive industries to locate on the other side of the border in Argentina. B. TeDecomnDmunications 67. Uruguay has managed to develop the most extensive telecommunications sector in the region, despite only a minimum level of sector reform. Uruguay enjoys the highest fixed subscriber penetration rate in Latin America, reaching almost 28 lines per 100 inhabitants in terms of lines under service. This figure rises to almost 35 lines per 100 inhabitants if installed lines are considered 8 and represents considerable progress in coverage, up from 13.3 lines per 100 inhabitants in 1990 - a level more consistent with other countries in the region. The fixed network is 100 percent digitalized and there is no waiting time to acquire a fixed phone. This excellent coverage and quality of service has come at the cost of less than optimal efficiency in service delivery and associated high costs. For dealing with these two issues, increased competition and improved regulation are needed. 68. A new regulator, the Unidad Reguladora de Servicios de Comunicaciones (URSEC), was established in 2001 as a decentralized and technically autonomous agency dependent of OPP. URSEC is staffed largely with transfers from the now disbanded National Directorate for Communications and needs reinforcement with first class sector specialists. To provide greater financial autonomy, the financing of URSEC has been shifted from an allocation from the national budget to a system based on taxes levied on sector operations, sanctions and penalties. 69. The telecom sector continues to be dominated by the public company, ANTEL, though private providers have entered the market in recent years. ANTEL, which falls under the direction of the Ministry of Defense, maintains exclusive rights to provide local and domestic long distance telephone service. It is authorized to create subsidiaries open to private sector participation and provides cellar services through its subsidiary, ANCEL. Bell South currently operates one of the cellular bands through a leasing arrangement with ANTEL, allowing Bell South to provide cellular services under the name of Movicom, in competition with ANTEL's subsidiary ANCEL. Bell South recently bought an additional cellular band from the state. The Government granted 18 permits to private companies to provide international long distance services. 8 Installed lines include lines in service plus lines not already assigned to any customer but technically ready. Page 20 70. Basic telephony tariffs are fixed by the Executive and are lower than the regional average. The monthly subscription charge is US$4.50 compared to US$6.00 for the region (by December 2001, before devaluation, the monthly subscription charge was near US$7.30, vis-avis a regional average of US$7.00). While the general population finds ANTEL's services adequate, regional comparisons reveal the entity's weaknesses. For example, ANTEL has only 166 lines per worker in comparison to a Latin American and Caribbean average of 202 lines or an Argentinean (Telecom and Telef6nica) average of 417 lines. 71. Tariffs are relatively high in the International Long Distance (ILD) segment in comparison with markets like Argentina, Chile and Brazil, despite recent reductions due to competition in the corporate market. One possible reason for the pricing difference is that HLD competition is consolidated in neighboring counties, while Uruguay is just taking the first steps toward opening these services. It is expected that tariffs will converge to the regional average next year. 72. Uruguay may remain one of the few countries where mobile does not surpass fixed telephony penetration before 2006. This is largely due to the extensive coverage of basic telephony services. In the mobile market, there were 520,000 subscribers in December 2001, or almost 16 lines per 100 inhabitants. In 1996, the number of subscribers reached only 79,000. While mobile market penetration may increase due to competition in the next years, it may increase more slowly than in other countries in the region. C. Postal Services 73. The national postal company, Administraci6n Nacional de Correos (ANC), established in 1996 as a decentralized service, is charged with universal postal service delivery countrywide. Other mail service providers include private postal operators, international couriers, transportation companies (e.g. bus and truck lines), government service and utility companies delivering their own bills and accounts, and informal services provided by individuals "commissioned" by others to deliver their mail. The sector is regulated by URSEC and policy is set by the Ministry of Education and Culture. Although the postal services sector has a very high level of private sector participation compared to other sectors, it suffers from cherry picking by the private operators. About a hundred authorized private postal operators serve every segment of a market that lacks a strategy and a regulatory framework. The result has been increased competition in the more profitable market segments - the business segment in which the concentration of logistical networks allows lower transportation costs and volume discounts and the public operator left with the responsibilities related to universal service obligations and in constant need of central government subsidies to support its operations. 74. Critical issues in the sector include improving the efficiency of ANC and assessing the necessity and possible amount of continued transfers from the central government budget to sustain ANC operations. This situation is partially explained by the small size of the postal market in Uruguay. As shown in the table below, an annual average of 8.8 letters per person per year is significantly below the average for countries with similar GDPs.9 Even if the 9Croatia, Russian Federation, Costa Rica, Trinidad and Tobago, Mexico, Poland, Malaysia, South Africa, Chile, and Mauritius. Page 21 approximately 20 million pieces carried by private postal operators are added to the 30 million carried by ANC, the average letters per inhabitant only increases to 14.7. Table 5: Mail volumes in Uruguay in 2000 Indicator GDP per capita, PPP (current US$) Letters/Staff Average letter per inhabitant, 2000 Income Comparators Average Below Average Above US$8,621 27,580 21 6 US$9,391 52,914 40.1 Uruguay US$9,035 15,625 8.8 The small size of the Uruguayan market is partly explained by the fact that 40 to 50 75. million pieces per year, the public utilities' bills and statements of account, are delivered by the utilities' own staff and not accounted for as part of the market. This practice was originally initiated in response to the operational inefficiency of the public operator before the establishment of ANC. This portion of the market nearly equals the portion that is legally defined as mail. Adding the low estimate of these volumes to the existing mail market would increase average letters per inhabitant figure to 26.4, falling between the two averages shown in the table above. Though more detailed cost information is needed, it is possible to assert that it is not effective to have multiple networks delivering reduced mail volumes to identical delivery points. Several other issues effect the sector. First, differing labor practices, procurement rules 76. and service obligations between public and private operators may inhibit competition. Second, ANC continues to run significant deficits despite recent improvements in its operational performance (2002 deficit will result in a subsidy of about UR$133 million). The most significant cause for this deficit is overstaffing of perhaps as much as 25 percent. Finally, the existing regulatory framework fails to provide details concerning the definition of universal service, nor does it specify a method (e.g., a reserved area for the public operator) for financing these services. This lack of definition makes it impossible to specify obligations in terms of level of service and financing mechanisms. 1D. Water and Sanitation Sector 77. While quality and coverage of water and sanitation services are high in Uruguay, this has been at a very high cost - notably the highest tariffs in the region. Uruguay's water and sanitation sector is dominated by a single actor, the Obras Sanitarias del Estado (OSE). The state-owned utility was established under a 1952 Sector Law, to provide water and sanitation services for the entire country, except for Montevideo where sewerage is provided by the municipality. Today, OSE reports to the Ministry of Housing, Land Management, and Environment (MVOTMA) and in practice defines policy, and regulates, controls and operates potable water services country-wide and sanitation services outside of Montevideo. One medium-sized operator (URAGUA, the private concessionaire in charge of providing water supply and sanitation services in the Department of Maldonado) serves 48,000 water connections in Maldonado, Punta del Este and other small towns, and several small operators provide water and sanitation services under sub-concessions awarded by OSE with prior authorization from the executive branch. Until the creation of URSEA, all these concessions were controlled by OSE. Page 22 78. OSE was not been subject to external regulation or accountable to the general public for its services, until the recent establishment of URSEA. This lack of competition and accountability has given OSE little reason to reduce costs, and as a result its tariffs are higher than in any other Latin American company (see Table 6). Its performance is not benchmarked against other water and sewerage utilities in the region, and, until very recently, the company avoided publishing the results of its own internal performance benchmarking system and committing publicly to improved service targets. Instead, OSE has hidden behind its high water supply coverage and relatively high service standards to justify costs supposedly inherent to providing a critical social good. Moreover, through its majority control of the Comisi6n de Control de la Concesi6n (CCC) - a Commission created to supervise the URAGUA concession in Maldonado - and until the recent creation of URSEA, OSE assumed the role of defacto regulator of URAGUA. Table 6: 2001 average water and sanitation tariff (US$/m3) Uruguay Brazll* Company OSE Sao Paulo/SABESP Parana/SANEPAR Water 1.13 0.56 0.56 Sanitation 0 62 0.56 0.44 Water& Sanitation 1.75 1.12 1.00 *US$ I .00=R$2.36 National Average 0.47 0.49 0.96 Argentina Buenos Aires/AA 0.60 0 60 1 20 79. OSE is one of the most inefficient major water and sewerage companies in the region. Contributing factors have included the absence of a sector law and a regulatory framework and effective pressure to cut costs, as well as legal constraints on public sector lay-offs in Uruguay. High numbers of permanent staff and general operational inefficiency mean that despite very high aggregate tariffs, not enough revenue is actually available for needed investments. One result of OSE's inability to mobilize funds for needed investments is Uruguay's low sewerage coverage numbers (see figure 2). 80. Uruguay's weak regulatory Figure2: Sewerage Coveragevs. GNI (Gross framework has limited the benefits of competition in the water sector. Given Incorme) that OSE and other (private) water companies have thus far not been required to report customer service indicators in a standardized format, 10000 ° IL 10000 80.00 - _______ @ , 7000 consumers have been left in the dark about OSE, 8 URAGUA and other smaller providers relative to each other and relative to D) 40.00-L 3000 .JUu B 10100 tVdr_ag the performance of 0.00 Ea_dor a i _ other providers in the region. In the % o.o absence of such information, public 0 2OOO 4,000 6,000 8,000 10,000 12,000 14,000 perceptions are shaped by occasionally GM at PPP (Purchasing Power Parity), 2000 slanted information made public by OSE about the performance of its sub-concessionaires. The current situation therefore undermines what should be one of the key benefits of competition in the water sector: the ability of users to compare between service providers and to demand improvements in service quality based on objective information about their relative performance. Page 23 Table 7: 2001 operating costs and annual investments of water and sanitation utilities Uruguay Brazil Company OSE Sao Paulo/ Paranf/ SABESP SANEPAR Number of permanent employees per 1000 water 6.3 3.6 2.4 connections Personnel costs / total operating costs (without 56% 46% 41% depreciation) Operating costs (without depreciation) / 67% 47% 51% operating income Operating costs (excluding depreciation) per m3 0.90 0.25 0.27 billed (in 2001 US$) Annual investment per existing water connection 59 55 67 (in 2001 US$) E. National Average 3.5 Argentina Buenos Aires/AA 2.3 46% 49% 66% 43% 0.31 0.25 41 78 Transportation Sector 81. The coverage of transport infrastructure is appropriate for the conditions of a country where the distribution of production, particularly from the primary sector, are dispersed throughout the country. On the other hand, the quality and efficiency of transport operations and maintenance - particularly in the railway sector - are less than adequate, negatively affecting the reliability of transport operations and increasing the generalized cost of transport and hence the competitiveness of the country's products. 82. Between 1995 and 2000, the Uruguayan transport sector witnessed significant changes in its institutional, regulatory and operational framework, which have led to the redefinition of the role of the public sector. These reforms were part of a broader Government effort to reduce the size of the central administration, redefine the areas where Government participation is required, rationalize public expenditures, eliminate monopolies, and enhance the competitiveness of the national economy. For the transport sector, the actions under those reforms consisted of: (i) reorganizing transport agencies by reorienting their functions towards policy making, planning, regulation and control rather than execution activities; (ii) improving regulatory, institutional and financial frameworks to allow for increased private sector participation and better access to sustainable sources of funding; and (iii) incorporating greater private participation through outsourcing and long-term concessions to improve efficiency and quality in the delivery of transport services. Progress in the implementation of these actions has varied among the transport sub-sectors but in all has led to improvements to the management of the road assets and increased efficiencies in the road and port sub-sectors, allowing for better integration of the country into the Mercosur regional trade bloc and an enhanced competitiveness of the Uruguayan economy in the global markets. 83. These efforts however have been stalled since 2000 as a consequence of drastic budgetary restrains and fiscal adjustment. These constraints have limited the space for maneuvering by the sector entities and have slowed implementation of the reform efforts and institutional strengthening activities that were initiated in 1995 and consequently halted the steady progress toward the efficiency targets. For instance, the portion road network in at least good condition decreased by eight percent between 2000 and 2001 and the number of maintenance contracts with participation of the private sector under various mechanisms (micro- Page 24 enterprises, CREMA, performance-based), reached only 42 percent rather than the 50 percent projected. 84. In spite of the advances in the 1995-2000 period, inefficiencies in transport operations in Uruguay are still creating a drag on the economy. In railways overstaffing of AFE is high and financial performance remains rather poor. AFE's operating ratio (expenses per revenue, including amortizations) is above three and the entity receives an annual subsidy of US$12 million from the central Government. The ensuing effect is high logistics costs, when compared to countries like Chile and Mexico. 85. The reform of the railways sector has suffered from protracted policy decisions that in the past have delayed the incorporation of competitive practices. Recent approval of legislation (Laws 17243 of June 2000 and Rendicion de Cuentas of September 2002) represents an important step in breaking with the past impasse, but the effective implementation of the actions outlined in the law remains a challenge to be confronted in order to fully achieve the expected efficiencies within this sub-sector. 86. The sector lacks a proper user charge policy that would allow it to better weather the current budgetary downturn and allow continuity in strategy implementation and the establishment of a more equal playing field for all the sub-sectors to encourage an integrated overall transport policy. This issue has become ever more important given that current possibilities for private sector investment have drastically diminished due to the economic crisis and will remain low in the foreseeable future. The road sector has been particularly effected including investment, maintenance and institutional activities - due to its large proportion of the fiscal budget and its lack of a continuous stream of revenues across all road segments. Furthermore, road sector activities contracted out with the private sector (through CREMA and other performance-based contracts) are treated as investment within the central government's budget and have been hard hit with budgetary restrictions as investment budgets have been subject to early fiscal reductions. F. Health Sector 87. Overall, Uruguay has good health indicators, some of them among the best in the region. By the year 2000, life expectancy reached 75 years (71 for men and 79 for women) and the infant mortality rate reached a low 14.1 per 1,000 live births. Access to health care is almost universal. In 1999, the rate of institutional births (deliveries in hospitals and clinics) was 99 percent and basic vaccine coverage surpassed 90 percent.' 0 Improvements in sectors other than health (e.g. income distribution, education, and water and sanitation) share responsibility for these accomplishments. 88. Despite the above accomplishments, Uruguay's health sector still has important challenges to resolve. As of 2001, total health expenditures in the country accounted for approximately 10.5 percent of GDP, the highest in the region. Total sector expenditures are being pushed up by the country's advanced epidemiological transition, added to a fragmented and poorly articulated health sector with a significant oversupply of physicians (37 per 1,000 10 "La Salud de Uruguay en Cifras", Ministry of Public Health, Uruguay, 2001 edition. Page 25 habitants) and with a high complexity of technology. Various public and private sub-sectors coexist, that finance and provide health services. Public hospitals, funded through general revenues and managed by the State Health Services Administration (Administraci6n de Servicios de Salud del Estado, ASSE) - an agency under the scope of the Ministry of Health (Ministeriode Salud Publica, MSP) - provide health care to approximately 45 percent of the population. Mandatory payroll contributions finance explicit insurance coverage for roughly 52 percent of citizens, most of them affiliated with private mutual-based insurers (Instituciones de Asistencia Medica Colectiva, IAMCs). 89. The ongoing fiscal crisis has brought to the fore three chronic problems in Uruguay's health sector. First, there is the need to further increase the efficiency level of the public hospital network, responsible in 2001 for expenditures totaling US$273 million. Despite recent reforms, public hospitals throughout the country are still characterized by weak governance and accountability, conflicting budget processes, and poor managerial and information systems. Following two consecutive years of budget cuts, ASSE's hospitals are experiencing shortages in basic supplies while payment delays to providers have mounted to unsustainable levels. This is happening precisely when the demand for public services is expected to increase as a consequence of people becoming unemployed and falling out of the various formal health insurance schemes. As a result, the administration is under great pressure to implement changes to increase overall efficiency levels. Second, in the midst of fiscal retrenchment, chronic crosssubsidies from public hospitals to health insurers acquire increased relevance for the Ministries of Health and Economy and Finance. Overall, health expenditures by MSP are progressive. In 1998, over 40 percent of the MSP's operational budget was allocated to the poorest quintile of the population; however, 11.3 percent went to the richest two quintiles." In addition, recent pilot efforts by the MSP show that between 12 percent and 18 percent of all health identification cards intended for the uninsured poor (the so-called carnets de salud that prove entitlement to free health services at the public hospitals) are in the hands of insured individuals, causing a significant leakage of public resources. Cost recovery at public hospitals remains marginal: for 2002 it is estimated that fees represent only 5.5 percent of ASSE's total operational budget (of UR$2,200 million). 90. Lastly, the recurrent operational deficit of the National Resource Fund (Fondo Nacional de Recursos, FNR) has become unsustainable for the national authorities. With a total annual budget close to US$150 million, the FNR is responsible for high-cost, high-complexity medical care nationwide. Financed through contributions from the Government and insured citizens, the FNR contracts the provision of a pre-defined menu of medical interventions with specialized medical centers (Institutos de Medicina Altamente Especializados, IMAEs) on a fee-for-service basis. 12 91. An incomplete regulatory framework, distortions in payment systems and weak controls allowing for high levels of induced demand have made the FNR operate under increasing deficits since 1995. These deficits have been covered via periodic bailouts and/or increases in citizens' contributions. During the past two years, recurrent operational losses accounted for 27 percent "1"Uruguay: Maintaining Social Equity in a Changing Economy"; The World Bank, October 2000. Fourteen medical procedures are financed through the FNR, including cardio-vascular procedures and surgeries, treatment for chronic kidney failure, hip and knee replacements, and various organ transplants. Close to 50 IMAES exist, most of them private and many belonging to the same owners of the lAMCs. 12 Page 26 of the Fund's total revenues. As of today, the FNR has an accumulated debt of UR$740 million (representing 70 percent of its total annual revenues). Of this debt, the MEF is responsible for UR$207.3 million, mostly from unpaid contributions since June 2002. It is clear that, under the current fiscal scenario, reforming the FNR and bringing it into a sustainable financial equilibrium is a national priority. G. Education Sector 92. Uruguay attained universal primary education in the 1960s. The early success in achieving access to primary education has enabled Uruguay to devote its attention to pre-school education and to secondary education. Universal enrollment for pre-school was attained in Uruguay in 2001, making Uruguay one of the first middle-income countries to reach this milestone. Secondary enrollment is not yet universal, though enrollment has increased significantly (by 39 percent from 1995 to 2002). Uruguay also has a thriving tertiary education sector, with one National University enrolling over 50,000 students, and a number of accredited private sector universities. The educational reform program in Uruguay has ensured the availability of textbooks to students, accompanied by teacher training and curriculum redesign. While a number of other countries in the region have since introduced student assessments, Uruguay is the most advanced in terms of the use of student learning to inform the educational processes. The greatest challenge now in the sector is to maintain these achievements during this period of fiscal restraint. 93. Public education in Uruguay is the responsibility of autonomous public entities, and not the Ministry of Education and Culture, which is mainly responsible for cultural activities. Primary and Secondary education is managed by the National Administration for Public Education (Administraci6n Nacional de Educacion Publica, ANEP), which receives guidance and support from the Central Directive Council (CODICEN) of ANEP. The National University is also run autonomously by a Consejo Directivo Central. CODICEN is constituted of five members appointed by the President and confirmed by Congress. There also exist councils for Primary Education, Secondary and Vocational Education and a Directorate of Teacher Training. The structure of educational policy making in Uruguay is rooted in the principle of consensusbuilding and participative decision-making. The reporting of CODICEN directly to Congress creates strong principles of political accountability. The impressive educational outcomes in Uruguay are in part a result of an institutional structure that lends considerable stability to the educational reform program. 94. The same institutional structure that has performed so well in a period of economic stability is now under considerable strain. When decisions need to be taken quickly, the need for consensus-building limits the ability of the system to adapt to changing situations. The need for the educational system to become more efficient is evident in various problems. First, the complex institutional structure has resulted from accretions over time of different administrative units - the administrative processes of different units are not synchronized, as manifested in long delays in implementing decisions. Second, the absence of a system of priorities and norms regarding information required to support decisions leads to further 'delays, as information requests are recycled through the system at every step of decision-making. Finally, the absence of a system of internal monitoring regarding expenditures implies that problems of inefficiency are not detected early on. Clearly, the educational establishment in Uruguay has a need to Page 27 change, retaining the benefits of institutional stability, without losing its ability for flexible response. 95. Another challenge for the education sector has emerged as an effect of the fiscal crisis the risk to timely execution of programs directed towards the poor. Contrary to the health sector, achievements in the education sector have not come about due to a massive infusion of public resources. Public educational expenditures account for approximately 3.3 percent of GDP, which is much lower than the five percent regional average for Latin America. The absolute level of public educational expenditures is not the central problem; however, the issue of timely expenditures has become an important concern as ANEP suffers from the same pressures regarding flow of fiscal resources as other public entities in Uruguay. Importantly, because of the special nature of the education sector, the presence of small delays in expenditures has a snowballing and potentially devastating effect on both quantitative and qualitative aspects of service delivery. The harmful effect on the provision of services would then impact the quality of learning outcomes, and problems such as repetition and dropout of children, with poor families being more affected. A clear example of such an effect lies in the provision of textbooks to the approximately 721,000 students in the public system. The value of textbooks is greatly diminished if they are acquired late into the school year, or just as the temporary cessation of expenditures on school maintenance and cleaning have damaging effects on school climate and teacher and student morale. Even as the fiscal imprint of such activities may be very small, the consequences are of very high importance to the educational process. The GoU needs to make sure that the fiscal constraints do not lead to avoidable damage on the long term formation of human capital crucial to policies for growth and poverty reduction. 1IV. THE GOVERNMENT'S IREFORM PROGRAM 96. The GoU is undertaking a broad program of reforms in the public sector as part of the overall country strategy. The reform supports the general goals of: (i) returning to fiscal stability; (ii) promoting greater market discipline, reducing customs tariffs, eliminating restrictions on private investment, and reducing bureaucracy; and (iii) reforming the public sector so as to reduce its economic weight, and focus its role on key social issues, regulation and promotion of private investment and service delivery. To achieve these goals, the Government has initiated a process of demonopolization, improving regulation, and fostering of private sector participation in service delivery. Most of the immediate actions focus on setting the institutional base for progressive demonopolization and sector liberalization. Establishing sound regulatory institutions (law and bodies) before advancing privatization programs seems to be a particularly promising country strategy. Recent empirical evidence indicates that the outcome of structural reforms depends on the sequencing adopted, with larger increases in economic welfare when privatization follows the establishment of a comprehensive regulatory framework. A. Energy 97. The Government is following an energy strategy of: (i) separating the distinct roles of the state as policy maker, regulator and service provider; (ii) ensuring an adequate supply of quality energy at minimum economic cost; and (iii) providing customers with alternative choices of energy supply. In practice, this entails the creation of a new regulatory agency, and the Page 28 promotion of public private partnerships for UTE and ANCAP, as well as the integration of regional electricity and gas networks and the move for greater alignment between domestic and regional relative price structures for alternative fuels. Notwithstanding the importance of these general directions, the strategy needs to be based on a formal energy policy. The GoU has decided to formulate such a policy to address the critical challenges facing Uruguay, as described in the diagnosis of the sector (see paragraph 47). Power 98. The GoU aims to increase competition in the sector through opening the wholesale market and liberalizing large industrial customers from UTE's retail monopoly, and to strengthen the regulatory structure. The 1997 electricity law, which supports these moves towards competitiveness, created a regulatory agency, UREE, to oversee UTE's transmission and distribution activities, to monitor quality of service, and to advise the government as to an economically efficient tariff level. In December 2002, UREE's functions were taken over by URSEA, the recently created multisector regulator. 99. The Government recently issued a set of regulations that describe in detail the implementation of the new law. The regulations cover general dispositions, the wholesale market, the transmission service, and the distribution service. URSEA is also well advanced in the preparation of quality of service regulation for electricity distribution. The new regulatory framework has many positive features, that offer the potential to improve the functioning of the electricity sector. o First, the new regulations provide for increasing competition in the electricity sector through the establishment of an electricity wholesale market (Administrador del Mercado Electrico, ADME), which will introduce spot trading of electricity for the first time. In addition, all long term energy supply contracts must be competitively bid, including the energy supplied by UTE from its own generating plant, which will be subjected to a market test against electricity imports. Moreover, large industrial consumers will be free to negotiate their own power purchase arrangements, and no longer obliged to be customers of UTE. o Second, the regulatory framework introduces a system of tariff regulation. This will mean that tariffs are no longer set on the basis of the annual financial requirements of the public sector, but rather according to a pluri-annual economic basis that explicitly seeks to eliminate inefficiencies in the cost structure. In order to do this, UTE's cost structure will be compared to that of a model efficient company, and tariff levels adjusted accordingly. o Third, for the first time UTE will be accountable to the regulator for its performance on a range of quality of service parameters, while consumers will have the opportunity to file complaints with the regulatory agency. Petroleum Products 100. The Government aims to open the hydrocarbon sector through moving post-refinery prices to import parity, eventually allowing the open import of refined petroleum products, and matching ANCAP with a private partner. In January 2002, a new sector law was approved Page 29 linking the gradual phase out company. The law calls for: 31, 2004; (ii) opening of the regulating prices and margins a private company. of ANCAP's monopoly and ANCAP's partnering with a private (i) capping ex-refinery prices at import parities starting in March sector to import of petroleum products by January 1, 2006; (iii) at all stages of the supply chain; and (iv) ANCAP partnering with 101. Considering the long lasting economic recession in the region and the prevailing opposition, conditions for outright privatization of ANCAP are not in place. Though the reforms outlined in the new law are gradual in nature, the proposal has brought strong opposition and sufficient signatures have been gathered to call a referendum to repeal the law. The Government, however, is very committed to defend the law and confident that the it will not be overturned. The strongest criticism launched as part of the referendum movement is to ANCAP's association with a private partner, while demonopolization of the downstream activities is the most critical aspect of the reforms to the country's economic prospects. As a result, the Government intends continue supporting, at the least the downstream liberalization, including moving to import parity pricing, improving regulation of retail activities, and eventual liberalization of the import of petroleum derivatives. 102. The GoU is taking steps to develop a regulatory framework for the sector by passing regulatory authority to the recently established multisector regulator, URSEA. Following the approval of the law that created URSEA, the Government intends to issue a decree establishing downstream petroleum sector regulation that will substitute the de-facto regulations established by the present contracts of ANCAP with the private companies in retail activities. The regulation would address the following issues: o Rules for entering the refinery, import and export petroleum and petroleum products as well as wholesale and retail distribution activities. o Monitoring of technical, economic, safety, security and environmental standards. O Clarifying the pricing regime, freeing as much as possible all prices and margins and limiting the responsibility of the new regulatory entity to the publication of maximum consumer prices. o Clear rules for facilitating the entrance of new companies in the sector and, in coordination with other agencies, make all efforts to achieve a competitive environment, avoiding collusion and product dumping practices. 103. The Government is taking steps to implement an import parity pricing regime. The current sector law indicates that the new regulatory entity should enforce the application of an import-export parity base formula to cap ex-refinery prices starting March 2004. If the association of ANCAP takes place prior to that time, it will convenient to accelerate the implementation of a parity pricing system. 104. The Government is aware of the need to closely monitor external factors influencing tariff regulation, including the introduction of natural gas, and the taxes and prices of competing fuels such as fuel oil, diesel and LPG. The speed at which correcting measures are implemented will depend on the determination of the current administration to eliminate the tax distortions. The changes, however, would have to be implemented with regard to the evolution in the prices in neighbor countries, Brazil and Argentina, that are suffering from the same problem. Page 30 105. ANCAP's non-petroleum activities have been separated from its petroleum activities. The pending sector law provides for unbundling of ANCAP operations. The immediate goal is certainly not the association of ANCAP, which depends to a large extent on finding a private partner, but to create conditions for market competition to the greatest extent possible. 106. ANCAP's port and storage facilities are to be separated from the activities to be passed to the private partnership. The sector law calls for separating the admninistration of ANCAP's port termrinal facilities from its refinery, distribution and marketing activities. Since only the refinery, distribution and marketing activities will be dedicated to the association with a private partner, ANCAP will preserve its access to port and storage facilities. The idea is that should the proposed ANCAP-private partnership controlling the refinery fail to deliver products in the volumes and prices required, the Government could import refined crude to be distributed via current port and storage facilities. This will require the separation of accounts and the review of limitations on the physical infrastructure. Both tasks are currently underway. 107. ANCAP is undertaking refinery investments to improve its competitive position in a more open market. In assessing the future opportunities in the sector, it is important to take into consideration the on-going investments for the upgrading of the refinery. In addition to the crude buoying system modernized in the 1980's and the expansion of the primary distillation capacity completed in the mid-1990's, the refinery is undergoing additional improvements. These investments will allow ANCAP to produce and sell products of improved technical specifications on local and export markets, in particular unleaded gasoline.' 3 Natural Gas 108. The GoU aims to maximize the introduction of natural gas in all economic efficient applications, in particular in the industrial sector and in power generation. Given that natural gas transportation and distribution is entirely undertaken by the private sector under a number of exclusive concession contracts, the Government's strategy is focused on strengthening the regulatory framework to prevent monopoly abuse and protect consumer interests. Congress is currently considering a sector law for natural gas. Regulation of the sector is to be taken over by the new multi-sector regulator, URSEA, who should also ultimately take over the monitoring of the concession contracts from the MIEM. B. Telecommunications 109. The GoU supports greater competition in the telecom industry and to this effect is following a strategy of partial sector opening and strengthening of regulatory frameworks. The Government will maintain ANTEL's monopoly on local and national long distance services, but move toward greater liberalization in other telephony services. During 2001, the Government opened up the country's international long distance market to competition from private providers. Since that time, 18 new operators have entered, and 16 of these have been authorized to operate by URSEC based on the presentation of their operations plans. 13 Given its size and configuration, the refinery would be capable of producing gasoline for export; however, if economic recovery takes place in Uruguay and diesel prices remain comparatively low, the deficit of diesel will tend to increase and the business opportunities of expanding exports will not materialize. Page 31 110. Early in 2002, the Government issued a number of critical norms and decrees in support of greater competition. These include the rules for interconnection and the mobile auction framework. Currently, URSEC is studying a new licensing scheme for all telecommunications services and the corresponding norms should be issued by April 2003. These norms will be critical to providing current and potential operators a consistent legal framework with clearly defined rights and obligations. The GoU intends to better align and strengthen reforms by updating sector policy through additional regulations. Sector policy, including the definition of universal service obligations, is partially expressed in the Law that created URSEC, but it lacks some relevant definitions that can be handled in specific sector regulations. These include operators' responsibilities, convergence between media and telecom, a long run strategy, and universal service obligations. Moreover, the GoU is moving to strengthen URSEC though establishment of a clearly defined administrative structure, functional planning, better qualified specialist and new financing mechanisms. 111. The Government carried out an auction of mobile service licenses in October 18, 2002 to open bands for 1.800, 1.900, and 2.100 MHz. Unlike the majority of auctions where only one type of band is auctioned, the Government decided to speed up the process of liberalization by simultaneously auctioning multiple bands. Movicom, up to this point operating under a lease agreement with ANTEL, presented two successful bids. C. Postal Services 112. The GoU objectives in the postal sector include: (i) the adoption of a comprehensive legal and regulatory framework; (ii) building capacity of URSEC to monitor the performance of individual service providers as well as the sector as a whole; (iii) improving efficiency of service delivery in the sector by both private operators and ANC; and (iv) rationalization of the current subsidy paid to ANC. Through the legal and regulatory framework under preparation, the GoU expects to define the Government's obligation to provide universal postal services and the method for financing these services, support commercialization of ANC, and provide effective sector oversight by URSEC. 113. While there is a general consensus on these goals, the sector is in urgent need of a sector policy explicitly defining strategy and vision, and an accompanying postal sector law. The current 1996 postal sector law is not in conformance with the 2001 Law that established URSEC and does not support the current postal marketplace's competitive environment or the future development of the sector. The proposed postal sector law should improve on several deficiencies of the 1996 Law, including the definition of universal service, financing method to assure universal service, and a definition of mail. A draft law is under review by the GoU. 114. ANC's long-range strategy to achieve financial equilibrium is based on simultaneously increasing volumes while decreasing costs. However, despite an increase in both volume (from seven million pieces to 30 million pieces) and productivity (165 percent) between 1995 and 2000, ANC financial performance has not kept pace. In addition to the need for a voluntary retirement program, ANC would like to manage the large volume of items handled today by government services and utilities. ANC believes that the incorporation of these items into its mail stream would allow it to achieve economies of scale and significantly increase productivity and profitability. It also notes that, unlike nearly all other postal administrations, it does not have Page 32 the protection of a reserved area to help finance its universal service obligations. Moreover, the 2000 Competition Law would suggest that distribution of those pieces by ANC cannot be decided in absence of a bidding process. To evaluate the benefit of this and other strategies for the country as a whole, more detailed knowledge of the postal market is needed. D. Water and Sanitation 115. In the water and sanitation sector, the Uruguayan Government has given priority to addressing; (i) the absence of regulation and public accountability, and (ii) low sewerage coverage as the twin pillars of its water sector policy. The aim is to consolidate gains from nascent PSP in the sector and bring greater accountability for operational and financial performance of both OSE and the private operators to the proposed regulator and clients. Improved performance by OSE should free financing for the backlog of sanitation system investments. 116. Two major pieces of legislation should significantly alter the balance of power in Uruguay's water sector. The first is the previously mentioned law which recently created an autonomous regulator for the water and energy sectors (URSEA). Among its key provisions is one that effectively transfers control of OSE's existing sub-concessions (URAGUA and others) to the new regulatory agency. A second piece of legislation (the Water and Sanitation Sector Law) has been drafted and would, among other things, give the central Government title over water and sanitation services nationwide. In addition, as part of the existing Bank-financed public utilities technical assistance loan (4598-UR), OPP has carried out a regulatory accounting study that sets out uniform regulatory accounting standards for the water sector. These instruments should foster efficiency gains from nascent sector competition as they limit the ability of the dominant provider, OSE, to control new entrants. 117. The Government proposes to contract out unaccounted-for-water reduction in Montevideo on a performance basis. This should bring both greater efficiency to operations in the capital city and increased funds to support needed sewerage investments in the interior of the country. Given severe restrictions on OSE's ability to finance new investments because of high debt-service obligations through at least 2005, the Government has looked to new sources for financing sewerage expansion in the interior. A high-level commission comprising the Minister of Economy and Finance, the Minister of Housing, Land Planning and the Environment, and the Minister of Transport and Public Works (MTOP), as well as the Director of OPP and the President of OSE was formed in August, 2002 to study ways in which a private investor could be contracted to reduce unaccounted-for-water (UFW) in Montevideo in exchange for a portion of the incremental billings that result from UFW reduction. Incremental billings not paid out to the private investor would be used to finance sewerage investments in the interior. The GoU is now assessing the remaining design issues for a sewerage expansion program, including the scope of tasks to be required of contractors (design and build only or operational and/or commercial responsibilities as well), prioritization of investments, packaging of works, and financing requirements. Page 33 E. Transport 118. The Government strategy for the transport sector focuses on increasing the efficiency of the operations for the various sub-sectors in order to reduce overall transport costs. Key instruments to implement this strategy include actions geared towards the proper participation of the private sector in the road, railway, port and aviation sub-sectors and establishing regulatory mechanisms and institutions for facilitating and supervising PSP. 119. In the roadsector, the main tenets of the government strategy follow those established in 1995, namely: (i) reversing the deterioration of road infrastructure by increasing investment in the rehabilitation and maintenance of the core road network; (ii) supporting growth of regional trade by removing physical, operational and regulatory constraints to international transport; (iii) expanding the role of the private sector by outsourcing road operations and concessioning the finance and management of road projects under long-term contracts; and (iv) gradually developing a system of road-user charges that could assure more stable sources of funding. 120. Given the current pressures resulting from the economic crisis, the sector entities have exercised good judgment in strategically allocating the available resources to keeping the road network in acceptable condition rather than concentrating funds on the rehabilitation of a few short sections. Sector authorities have also continued to fully support the ongoing performancebased contracts with the private sector, and are exploring innovative public-private partnerships and more autonomous arrangements for managing and financing a sizeable portion of the road network. 121. As part of the latter, in December of last year the Government granted a 15-year concession for the management of approximately 1,270 km of roads (about 15 percent of the national network) to a newly created public corporation (the Corporaci6n Vial de Uruguay). The contract, named the Mega-concession, includes only one self financing - via tolls - route. The remainder of the concessioned segments require cross-subsidies. The public corporation can raise revenues through bond issues and loans and out-source the necessary works and services for concessioned routes. To further bolster revenues, the GoU is implementing a program of construction of additional toll facilities. 122. On the institutional side, the GoU continues to support the Road Agency's (Direcci6n Nacional de Vialidad) efforts to progress in the application of maintenance management systems to track costs and monitor the performance of its own force account activities and those carried out under performance based contracts. The gradual implementation of a road users' charges policy is another objective of the strategy for strengthening the institutional framework. Its application, however, has been delayed due to budget restrictions and the final implementation of a modern traffic counting system that would allow more reliable data on which to base the level and structure of the road users' charges policy. 123. In the railway sector, the deterioration of the infrastructure has been affected by an almost steady decline in traffic and revenues over the last twenty years, poor maintenance, and diminishing level of service. The GoU strategy focuses on improving efficiency through private sector participation. The reform however has been slower than expected because of opposition to major structural changes in AFE. The company has been separated into infrastructure and Page 34 operations units. In September 2002, legislation was approved which authorizes MTOP to allow private operators to operate on AFE's lines. In 2003, the MTOP took ownership of the infrastructure and became responsible for the rehabilitation and maintenance of AFE's network. These activities would be financed by the subsidy that is being presently paid to AFE. The AFE will continue operating services as planned in its business plan, but will have to do so based on traffic revenues as subsidies (50% in the first year and almost 100% in the following years) will be phased out. 124. In the ports sector, the Government strategy focuses on the consolidation of the advances initiated with 1992 reforms to improve the efficiency of port operations. One of the key elements of this strategy is the restructuring of the Adminstraci6n Nacional de Puertos (ANP), the public entity that is in charge of port activities and responsible for the management and development of the Port of Montevideo. This restructuring aims to attract private investment in the modernization and upkeep of port facilities. This strategy seeks to improve the competitiveness of the import/export trade, and increase the efficiency of the port of Montevideo to position it as a regional hub and as a key segment in most logistic chains for goods entering or exiting the country. 125. In aviation, the GoU has continued with efforts to concession airport operations as a mechanism to achieve efficiencies in the management of airports. A recently approved law has authorized the Government to concession the Carrasco Airport for a period of 30 years. Another law has authorized the GoU to sell shares in the state flag carrier, Pluna. F. Health 126. The GoU is committed to responding to the current fiscal crisis by increasing the health sector's overall efficiency while maintaining, or even improving, the quality and equity of its services. Important steps in this direction have already been taken, including budgetary protection for priority health programs under an IDB operation. These efforts have been led by the MSP and target the three major determinants of health expenditures in Uruguay; the public hospital network, the FNR, and the IAMCs.14 127. The MSP's budget has fallen 12 percent in nominal terms (UR$500 million) over the past two years, while public hospitals have maintained the volume of services delivered.' 5 In real terms, the budgetary reduction is much higher. Important savings in the MSP and ASSE have been achieved through a set of actions that include, among others, the following: (i) incorporation of performance agreements between the central level of ASSE and the public hospitals' management teams; (ii) explicit definition of pharmaceutical prescription catalogues for the different health care complexity levels; (iii) staffing of all major hospitals with professional accountants responsible for financial management; (iv) renegotiation with providers of hospital supplies; and, (v) new procurement arrangements for pharmaceuticals, securing economies of scale. 128. More structural reforms will complement these partial results. Efforts underway will enable ASSE to fully identify all beneficiaries and, hence, implement actions that will lead to 14 The lAMCs are being addressed through an adjustment operation funded by the IDB (loan UR-0133). t5 The total MSP budget for the year 2000 was UR$4.2 billion and UR$3.7 billion for 2002. Page 35 important efficiency and equity gains. With support from a previous WB project (loan 3855UJR), an information system including a database of insured citizens is now available in most major public hospitals. This system (Registro Unico de Cobertura Formal de Asistencia, RUCAF) enables the identification of insured citizens who demand services in the public network and the subsequent billing of these services to the corresponding insurer. RUCAF is now being complemented by an information system that classifies uninsured patients according to their ability to pay, making it possible to charge differentiated co-payments for ambulatory services (and introducing a rationalization element for demand utilization). In the medium term, a complete health sector beneficiary database will be available, allowing ASSE to further adjust The budgeting its budgeting systems (for example, introducing prospective formulas). framework for public hospitals will be reformed in order to guarantee the existence of a positive incentive for cost recovery. 129. The MSP is also considering the implementation of innovative arrangements for contracting out ancillary services for public hospitals. Services being analyzed by task forces from ASSE and the MSP include ambulances in the city of Montevideo, the national pharmaceutical laboratory, support services such as catering and cleaning, waste management and security, and other special services for MSP's staff (e.g., medical certificates). While final cost-saving estimates of these initiatives will greatly depend on the selection of participating hospitals, and most important on how the personnel-related issues are addressed, progress here will represent a major opportunity for innovation and quality and efficiency improvements in health service delivery in the country. 130. The current administration is implementing a comprehensive restructuring process of FNR. This restructuring, previously assisted by Bank and 1DB loans, effectively addresses the major dimensions of the Fund, including: (i) governance and management structures; (ii) financial equilibrium; (iii) menu of eligible medical procedures; (iv) contracting arrangements and payment mechanisms; and, (v) renegotiation of the accumulated debt to providers. Key steps have already been taken in various of these dimensions improving the overall performance of the Fund, including a reduction in its operational deficit. Last year, through a Presidential decree, the Government retook control of the Funds' board of directors, which until then was subject to the decisional power of the LAMCs. Subsequently, the IMAEs' tariffs were cut by 13 percent, moving closer to benchmark prices. Medical opinions are now being used as controls to avert induced demand by providers. Lastly, improvements in information systems are underway, enabling management of the Fund to better control the quality, effectiveness and efficiency of the services delivered to the population. G. Education 131. The GoU has successfully used the education sector as a key policy tool for increasing equity and growth. In addition to the increased availability of pre-school that frees up the time of mothers from poor households to seek gainful employment, a series of programs focused on disadvantaged groups underline the resolve of the Uruguayan Government to maintain and advance its quest for equality. Three of the priority programs of the Government are: the full day school program (Escuela de Tiempo Completo); the school feeding program (Programa de Alimentaci6n); and the bilingual education program. The value added of having a longer school day is especially higher in urban marginal neighborhoods, where children are faced with dangers Page 36 to their personal safety, and where parents from disadvantaged socio-economic backgrounds are less able to provide supplemental learning assistance. In addition to the educational effects, the program lowers the opportunity cost of the time of mothers, which enables them to earn labor income. The school feeding program now caters to roughly 200,000 of the 400,000 children enrolled at the pre-school and primary levels, a figure that matches the approximate 50 percent poverty rate for children. Lastly, education research shows early introduction of foreign languages has important implications for the child's overall academic development, as well as providing future economic opportunities in areas where foreign language is an important asset. Budget protection for these priority programs forms part of the Government's strategy to minimize the social impact of the fiscal situation. 132. Even though the GoU is committed to maintaining the quality and quantity of public educational services, practicalities regarding cash flows impose certain restrictions on the ability of the Government to maintain an adequate level of service provision. The comparative efficiency of public educational expenditures in Uruguay is in part a result of a judicious mix regarding the use of line staff of ANEP and outsourcing to private providers. Problems in flow of funds to ANEP staff would result in a deterioration of the motivation of staff, most of whom are frontline workers interacting with students. Private providers to ANEP may simply run out of funds to continue their business if payments are delayed inordinately. Accordingly, the GoU has made as part of the planning cycle of ANEP, a firm decision that the fiscal restrictions would not lead to a quantitative cut-back in service provision. The budgetary requirements for the priority educational programs have been identified so that these programs do not suffer cutbacks, even as the ability of the Government to embark on any new programs is severely curtailed. The GoU has undertaken to enhance its planning process regarding educational expenditures, and monitor the expenditures on a monthly basis, integrated with the financial information system so that the pace of service provision can be maintained. 133. The Government has developed a plan of action to improve sector management that seeks to make the education sector more responsive to the changed fiscal context. The action plan consists of measures to modernize sector management by removing the main obstacles to management efficiency and has three principal components. First, measures would be undertaken to improve the administrative structure and processes of ANEP, that currently functions with antiquated, bureaucratic procedures. A program of streamlining administrative procedures would be backed up by the implementation of an internal auditing system to monitor inefficiencies and take corrective action. A second area is to improve the management of human resources, which constitutes the core asset of the educational system with more than 50,000 teachers. The most urgent area of improvement within human resource management is to integrate the payroll system used to remit teacher salaries and benefits with the system that allocates teachers and support personnel. The installation of an integrated human resource management system would greatly facilitate the task of allocating human resources where they are needed, at the times they are needed. Finally, an integration of the financial management system across the various administrative units would align the availability of timely information with decision-making, so that financial resources get to their end-uses rather than being stuck due to administrative incompatibilities. The task of modernizing sector management is an extremely challenging assignment for ANEP, especially as the modernization program needs to be implemented quickly in context of severe fiscal constraint. Page 37 V. THFL ]PROPOSED LoANs Objectives of the IP'roposed Loans A. 134. The proposed adjustment loans were included in the CAS Progress Report discussed by the Board on August 8, 2002, and their competitiveness, economic growth, and social support objectives are an essential part of Bank assistance for renewed broad-based economic growth and social protection. Specifically, the CAS identified the high cost of public services and the risk of deteriorating social conditions resulting from the crisis as obstacles to growth and improved welfare of the population. On the basis of their importance for growth and welfare, the Government and the Bank have confirmed the public services and social sectors as priority areas for assistance through adjustment lending. The proposed SAL and Special SAL total US$252.54 million and entail three tranches (see paragraph 138 for discussion of tranche amounts). 135. In particular, the loans aim to: o Reduce prices, increase quality and coverage, and improve the efficiency of investment, production and distribution of services, and infrastructure through: (i) upgrading regulation by strengthening regulatory frameworks in all sectors; (ii) increasing competition by liberalization in the wholesale power market and mobile phone services and sector restructuring of the petroleum, water and sanitation and transport sectors; (iii) improve the efficiency of public expenditure by increasing transparency and accountability and by reducing tax distortions; and (iv) strengthening institutions to carry out functions of regulation, market oversight, sector planning and management. o Improve the efficiency of public expenditures in health and education while maintaining or improving services in key priority areas through: (i) restructuring national health funding instruments; (ii) reducing cross subsidies in the public hospital network; (iii) protecting priority educations programs; and (iv) improving the management of the education sector. 136. The operation will be based on a subset of the actions the Government is taking in each sector, as outlined above and in the Government's Letter of Development Policy (Annex 2). The commitments under the adjustment program are listed in Annex 1. The Bank will broadly monitor the implementation of the Government's overall program (monitoring indicators are also shown in Annex 1), and support will be provided through the ongoing Public Services Modernization Technical Assistance Project (Loan 4598-UR). 137. The proposed operation has its underpinnings in detailed analytical work, lending and policy dialogue. Building on a history of sector projects in power, transport and water and sanitation, dialogue of public service reform expanded in 1996 and 1997 with analytical and advisory activities (A Reform Agenda for the Uruguay Transport Sector, Report No. 1741 1-UY, August 1996, and Uruguay, Towards a New Role for the State in Uruguay's Utilities, Report No. 16154-UY, June 1997), and then further with the work carried out under the above mentioned Technical Assistance Loan. Reforms in the education and health sector are built on successful bank lending and in analytical work on health policy (Health Sector Policy Note for Uruguay, 1999), education and a public expenditure review of social programs (Social Sector Expenditures in Uruguay, 2000). In addition, as part of the regional flagship project, a detailed study has been Page 38 completed on education and technology (Closing the Gap in Education and Technology, 2002). Government support is strong and coordination with the IMF and IDB has been consistent. Bank discussions with the Government are at the most senior level and the quality of the dialogue is unusually high. B. Description of Financial Assistance 138. The proposed Project would be supported by two loans totaling US$252.54 million, of which US$151.52 million is a regular Structural Adjustment Loan (SAL) and US$101.02 million is a Special Structural Adjustment Loan (SSAL). Each loan will be disbursed in three tranches: (i) an initial tranche based on actions already taken or expected to be taken by the time of Board presentation, which would be disbursed upon effectiveness; (ii) additional tranches estimated for September of 2003 and June of 2004 based on the implementation progress of loan conditions. The SAL will support measures for reform of public services and infrastructure, which align with more medium term reforms. The SSAL will support measures in the health and education sectors that focus on assuring continuation of strong social support throughout the crisis and mitigation of its negative social impacts. The tranching of both loans reflects the reforms advanced in the last year and the back loading of future reforms (see table below). Table 8: SAL and SSAL Tranche Timing and Approximate Amounts (amounts in US$ millions) Est. Disbursement Date SAL SSAL Total Tranche 1 April 2003 US$51.52 US$26.02 US$77.545 Tranche 2 November 2003 US$50 US$25 US$75 Tranche 3 June 2004 US$50 US$50 US$100 Total US$151.52 US$101.02 US$252.54 139. The Bank's financial assistance will help support Uruguay's external financing and public sector borrowing requirements. Overall financing needs are estimated to be around US$1.6 billion over 2003-04 - assuming the Government debt re-financing plan and new IMF agreement are implemented. This includes central Government's financing requirements of about US$0.4 billion over 2003-04 and IFI's amortizations of nearly US$900 million. Financing sources would be: IFIs US$2.3 billion - of which US$1.2 billion will be allocated to build-up international reserves and US$0.3 billion for asset recovery and privatization - and bilaterals around US$0.1 billion. 140. The proposed support for Uruguay meets the criteria set out for structural adjustment and special structural adjustment lending. First, in terms of structural dimensions, the monopoly service provision by the public utilities and weak regulatory frameworks have historically contributed to service lags and high costs, adversely affecting competitiveness and bringing an additional source of inflexibility to the economy. The loans support the Government's efforts to open areas currently dominated by the State to the private sector, reducing pressure on public expenditures and facilitating a private sector-led economic recovery. Moreover, the GoU's tradition of generous and broadly targeted social programs are now being tested and efforts are underway to enhance the efficiency and productivity of social spending to provide for growing needs during fiscal tightening. The loans address these challenges through support for reforms in health and education. Uruguay also satisfies the second main criteria for special structural adjustment support, a strong policy program as demonstrated by its track record and its intended reform measures. The proposed program, as set out in the Government's letter of development Page 39 policy, provides the content of the continuing reform program and specifies the measures that the Government intends to take to address some of the remaining key structural issues. Third, the proposed program is part of a concerted international support package which includes the International Monetary Fund and the Inter-American Development Bank, (as described in paragraphs 8 and 9). C. lReformn Progran Supported by the Bank 141. The Adjustment Loans covering both completed actions and expected future actions for the second and third tranche disbursements are shown in Annex 1. Tables 9, 10, and 11 show the reforms supported under each tranche, and following paragraphs offer a short description of each reform. StructuralAdjustment ILoan Regulatory Reform 142. Multisector reguDltor. Establishment of regulation in Uruguay is the most important building block to improve efficiency and competition in and for the markets providing basic services. Given the size and structure of the Uruguayan markets and the strength of the public utilities, a multisector regulatory will provide the necessary scale to assure technical capacity and foster the independence necessary to assure enforcement of regulatory frameworks. The Government of Uruguay has established URSEA to regulate power, natural gas, petroleum and water and sanitation services, and URSEC to continue regulation of the communications sectors. Critical steps for having URSEA functioning include, first, the recently approved law creating URSEA and appointment of URSEA Directors. Next steps include GoU hiring of staff based on a transparent and competitive process, followed by the establishment of detailed operating procedures. 143. Regulatory accounting. A system of regulatory accounting procedures would provide the basis for vertical or horizontal separation of the accounts of the utilities and minimize the scope for strategic manipulation of accounting data, and as such will be an important tool for URSEA to oversee competition between private and public operators. Regulatory accounting has been developed for the water sector, is under preparation for the power sector and is expected to be available by the second trimester of 2003. GoU is planning similar measures for the remaining sectors. Since the financial year in Uruguay runs with the calendar year, 2004 will be the first full year for which audited accounts compliant with new regulatory procedures will be available. 144. Deteirmination of target distribution tariffls for electricity. The regulatory agency is in the process of completing studies to establish the efficient benchmark tariff for UTE. Thereafter the MIEM will issue a decree announcing the target tariff for electricity distribution and establishing a convergence path towards the target tariff. As well as seeking to phase out any inefficiencies built into the current tariff, the target tariff will need to reflect changes in UTE's cost structure brought about by the recent devaluation of the Uruguayan peso. 145. Regulato0ry fframework for downstream petroleum piroducts. A clear regulatory framework independent from ANCAP is critical to increasing competition. A downstream hydrocarbon regulatory decree should be formulated in the coming months and include definition Page 40 of import parity pricing, as further outlined in the next paragraph. The decree should be issued before disbursement of the second tranche. The new regulation is an essential document to allow proponents for the association of ANCAP to complete their economic offers. Table 9: Major reforms supported by Tranche 1 * * * * * * * * * * * * * * * * * * SAL and SSAL Maintenance of a satisfactory macroeconomic framework as evidenced by the IMF program. SAL Law creating URSEA, a regulatory agency for water and sanitation, power, gas and petroleum products approved. URSEA Board of Directors appointment and the water private concessions in the Department of Maldonado put under its jurisdiction. Technical norms and regulations for transmission and distribution approved and issued. Law eliminating ANCAP's monopoly and allowing free import of oil and derivatives starting in 2006 approved. Law establishing new natural gas legal and regulatory framework submitted to Congress. Water sector law presented to Congress. Service quality and performance indicators for 2003 and 2002 results for OSE agreed and published in daily newspapers. Decision to undertake a tax reform, including the review of taxes applied to the energy product. Specific norms and regulations for generation and transmission issued in June 2002 and for the wholesale market in August 2002. Government granted ILD licenses to 18 operators and approved interconnection regulation. Government awarded new mobile license. OSE created a special unit to manage unaccounted for water activities. Laws approved in 2002 (i) created "Mega-concession" and allowed further concession in ports and airport management, and selling of stake in former state carrier (Pluna), and (ni) separated AFE rail infrastructure from operations and transferred AFE rail infrastructure to MTOP. Law approved in June 2000 providing open access of private operators to public rail infrastructure. SSAL Satisfactory execution of 2002 budget at agreed levels and agreement on 2003 budget commitments on expenditures for basic school supplies, bilingual education, textbooks for primary schools. The MOH construction of a beneficiary database for ASSE underway and will be used for cost recovery and to implement new budget allocation formulas. The comprehensive beneficiary identification system implemented in hospitals that account for at least 70% of ASSE's total budget, making possible cost recovery; the executive has issued a decree establishing the legal framework for providing incentives for public hospitals to cost recover. The national government has re-gained control of the FNR board and has launched a comprehensive reform to bring the Fund back to equilibrium. Changes in the regulatory framework that guarantee proper accreditation of eligible providers (IMAEs) and minimum information flows for receiving funding from the FNR have been identified. 146. Convergence to import parity prices. The move to import parity of the ex-refinery petroleum products will imply an important adjustment to the actual pricing system. Once the formula for establishing import parity is agreed upon by the GoU, the Government must then set a trajectory for closing the gap between the ex-refinery prices and the estimated import parities. A proposed first reduction that could be achieved by July 2003 includes the following: o explicitly identifying the extra-costs and taxes that ANCAP is paying due to its status as a public entity (estimated at US$30 million per year) as a surcharge over and above import parity prices. Further reductions are likely to be possible as a result of the separation of the ANCAP non-petroleum businesses from the petroleum-based activities; and Page 41 o eliminating the current subsidies (estimated at US$15 million per year) to fuel oil and LPG which are cuffently sold below import parity prices. The second reduction should take place before disbursement of the third tranche and constitutes the final transition of ex-refinery prices to estimated import parity levels. Table 10: Major reforns supported by Tranche 2 SAL and SSAL o Maintenance of a satisfactory macroeconomic framework as evidenced by the IMF program. SAL o MIEM has issued a decree announcing the target tariff for electricity distribution and establishing a convergence path towards the target tariff (consistent with URSEA's recommendation and the benchmarking studies carried out by URSEA). o MIEM has issued a decree establishing the regulatory framework for the importation, production and commercialization of petroleum products. o The Executive has issued a decree approving two divisions within ANCAP with separate accounts, management and finances for its petroleum business and its port and logistic facilities. O The Borrower has complied with a new natural gas law, which includes provisions to: (a) eliminate legal ambiguities, including with respect to the attributions of the public and private sector; (b) establish a tariff regime; and (c) define right of way issues. o The Executive has issued a decree establishing the regulatory framework for the Borrower's postal services sub-sector. o Congress has approved and the Executive has promulgated a law establishing the legal and regulatory framework for the water supply and sanitation sector, which includes, inter alia, provisions to shift the authority to carry out feasibility studies and grant concessions from OSE to the Executive. O ADME has approved a first set of PPAs and has requested proposals for three ongoing energy contracts to be replaced by PPAs. o The Executive has approved unit tariffs and URSEA has approved conditions for open access to ANCAP's port, wholesale oil import, and storage facilities. O OSE has offered to award a performance-based contract to a private operator for the management of the UFW reduction program in Montevideo, as evidenced by the public offer issued for the award of the contract. O The Borrower has brought to the point of concession the management of the Carrasco International Airport, as evidenced by the issuance of invitations to bid for the award of the concession. O The Borrower, through MIEM, has published and complied with a national energy policy which addresses issues relating to: (a) the relative price of fuels; (b) the economics of gas and electricity importation from Argentina and Brazil; (c) the economics and politics of a strategic national reserve of generating capacity; (d) the environmental impact of changes in the country's energy portfolio; (e) the consistency of the new electricity, gas and petroleum regulations with the national energy policy; and (f) the institutional capacity required to implement and monitor a national energy policy. SSAL o o o For the period from January 1, 2003 to the to the date falling two months prior to the Second Tranche Release Date, the Borrower has timely executed its budget at least at levels of expenditure specified in its monthly budget execution schedules and satisfactory to the Bank for each of the following programs: (a) basic school supplies and maintenance program; (b) the bilingual education program; and (c) the textbook program for primary schools. (a) ASSE's beneficiary database identifies at least 40% of the uninsured population of the Borrower; and (b) the MSP, through ASSE, has completed initial simulations of new budget allocation formulas based on the database referred to in (a). The FNR has been in financial equilibrium (regular revenues, not including any amounts attributable to the increase in contribution rates mandated by a decree of the Executive, have been equal to or greater than regular expenditures -any extraordinary, not operationally-related revenues and expenditures excluded) for the 12 month period immediately preceding the Second Tranche Release Date, ); and the FNR has determined unitary costs and utilization rates for medical procedures that account for no less than 60% of its expenditures. Page 42 147. Approval of new natural gas law. There is at present no regulatory framework for the natural gas sector, beyond the specific provisions included in each of the existing three concession contracts. A new natural gas law was submitted to Congress in May 2002. The new law should eliminate legal ambiguities including the attributions of the public and private sector, establish a tariff regime, define right of way issues, and transfer the oversight of the three natural gas concessions from the MLEM to the new regulatory agency URSEA. To further strengthen sector regulation, oversight of the contracts has been passed to URSEA and existing contracts will be published. Table 11: Major reforms supported by Tranche 3 SAL and SSAL * Maintenance of a satisfactory macroeconomic framework as evidenced by the IMF program. SAL * Private and public utilities under URSEA's and URSEC's jurisdiction have implemented regulatory accounting, as certified by independent auditors; and private and public utilities under URSEA's and URSEC's jurisdiction have published performance indicators for the fourth quarter of 2003. * The Borrower has fully closed the gap between the ex-refinery and the estimated import parity prices of petroleum derivatives. * The Borrower has reduced relative price distortions in the structure of fuel taxation, through the enactment of any necessary amendments to existing tax laws, to the extent necessary to reach equilibrium with the major neighboring countries. * First spot transactions for electricity have been completed under the framework of the ADME * URSEC has: (a) set up an independent telephone numbering management system; (b) adopted a customer database administrator; and (c) defined precise rules for signaling (i.e., identifying the origin and destination of a telephone call). * The Borrower has brought to the point of concession the management of the Montevideo port multipurpose terminal (puerto polivalente), as evidenced by the issuance of invitations to bid for the award of the concession; and the Borrower has offered to award contracts to pnvate companies to operate in former AFE rail network, as evidenced by the public offer issued for the award of the contracts. SSAL * For the period from January 1, 2003 to the date falling two months prior to the Third Tranche Release Date, the Borrower has timely executed its budget at least at levels of expenditure specified in its monthly budget execution schedules and satisfactory to the Bank for each of the following programs: (a) basic school supplies and maintenance program; (b) the bilingual education program; and (c) the textbook program for primary schools. * The Borrower has included in its 2004 budget agreed minimum levels of expenditures for each of the following programs: (a) basic school supplies and maintenance program; (b) the bilingual education program; and (c) the textbook program for primary schools. * * * ASSE has completed its beneficiary database; at least 30% of ASSE's 2004 hospital budget is allocated based on per capita critena; and dunng the quarter immediately preceding the Third Tranche Release Date, seven public hospitals of the Borrower have billed at least 20% of in-patients (patients who need to stay overnight at the hospitals), provided, however, that bills issued to uninsured patients may be for information purposes only. The FNR has been in financial equilibrium (regular revenues, not including any amounts attributable to the increase in contribution rates mandated by a decree of the Executive, have been equal to or greater than regular expenditures -any extraordinary, not operationally-related revenues and expenditures excluded) for the 12 month period immediately preceding the Third Tranche Release Date. The menu of eligible procedures to be financed by FNR has been redefined to eliminate the procedures that do not involve high costs or are not highly complex; and new tariffs have been put into effect for the procedures financed by FNR, and utilization rates are being used to control the volume of procedures being financed by FNR. Page 43 148. Postal servfices legal and regulatory framework. As previously mentioned, the Government has prepared a new postal sector decree to update the original 1996 law. The new decree will support the competitive sector environment by recognizing the role of URSEC and entail provisions regarding universal service and a definition of mail. 149. Establishing sector regulatory framework for the water and sanitation sector. Approval of the URSEA law transfers effective control of OSE's existing sub-concessions to URSEA, and allows disbanding of the now dysfunctional CCC. In parallel, the draft of a Water and Sanitation Sector Law has been finalized and presented to Congress for its consideration. The law will transfer the responsibility for studying and granting future concessions to the Government, a key milestone on the road to an effective regulatory system for the sector. Efficiency and Competition 150. llncreasing market disciplne thDrough quaJity of service and performance information. Beyond establishing regulations, efficiency will be supported when regulators and the Executive have performance information on which to base tariff decisions and when consumers can make informed decisions about the services they purchase, whether that is the ability to choose between providers or the ability to hold monopoly providers accountable for their quality and price commitments. Crucial to achieve these goals will be to provide regular information to regulators, the Executive and consumers on the performance of both public and private operators. The benchmarking of operators entails the following actions: (i) define protocol for periodic publication of service quality and performance indicators for water and sanitation, power and communications utilities; and (ii) publish initial set of performance indicators and international benchmarks in daily newspapers both in the form of ex ante targets and ex post evaluations. URSEA and URSEC will create systematic sources of information on public and private utilities, and regulate the semiannual publication of service quality and performance indicators, bringing proper external comparators. 151. Eight quality-of-service indicators that measure the commercial and operational performance of OSE from a public perspective have already been developed under the Bank's ongoing "OSE Modernization and Systems Rehabilitation Project' (4556-UR) and after much delay, recently published. Once URSEA is legally established and adequately staffed, both URSEA and URSEC could begin to work with all public and private utilities under their jurisdiction to define a set of indicators for each sector and to propose a uniform protocol for their calculation. Since many indicators are expected to be moving averages across several months, an initial publication can reasonably be expected in time for release of the third tranche. Moreover, these indicators should become part of the formal evaluation process by which URSEA and URSEC review tariffs. 152. EDiminate fuel tax distortions. A comprehensive review of energy taxes, including power, petroleum products and natural gas, should be undertaken in coordination with the national energy policy. The MEF has prepared a proposal for modifying energy taxes, as part of a broader tax reform agenda. The proposal attempts to provide appropriate relative price signals to consumers across all competing forms of energy, while maintaining adequate fiscal resources from energy taxation. The tax reform has been presented to Congress. Page 44 153. Signature of initial power purchase agreements. A key feature of the transition to the new model is to establish initial power purchase agreements between UTE generation and UTE distribution, and to determine a timetable for gradual expiration of these agreements and movement towards competitive procurement of power to avoid the risk of self-dealing. The central issue in establishing these initial agreements relates to the price at which power will be transferred from one division of UTE to the other. The regulations establish that the price should take into account market benchmarks and ensure the sustainability of generation plant. UTE is in the process of determining a price proposal, which will be reviewed by the regulatory agency and passed on the Executive for a final decision. 154. Establish a spot market in the power sector. In order for the ADME to become a reality, it will be essential to make rapid progress with the appointment of the five Directors (representing Government, UTE, Salto Grande, large industrial customers, and any eventual private generators). The process of establishing ADME's Board will be coordinated by the MIEM. Once the Board is in place, the next step will be to appoint a General Manager following a transparent and competitive process as required by the regulations. In order to begin functioning, ADME will need to hire staff both to manage the dispatch and the financial transactions, as well as develop a Manual of Internal procedures to ensure that its decisions are undertaken in a consistent and transparent way, thereby securing the confidence of market participants. Once these new structures are in place, spot market trading will be set to commence. 155. Open access to ANCAP port and warehouse facilities. A new sector law calls for separating the administration of the port terminal facilities and preserving ANCAP's access to wholesale distribution facilities. This will require separation of ANCAP port and distribution facilities' accounts and a review of wholesale logistic infrastructure capacity limitations. As part of the process of developing new sector regulations, the GoU will assess all opportunities for increasing the chances to have newcomers in the market, at all segments of the supply chain, including open access to port and storage facilities. The assessment will be conducted by a Government group including MEF and OPP and will be the first step to establishing unit tariffs and conditions for open access. 156. Tools to manage open telecommunications market. Sustained competition in both ILD and mobile services requires sector management tools, in addition to the granting of licenses. As previously mentioned, the GoU this year approved the critical interconnection norms. Pending activities include the following: o Numbering plan. To remove barriers to entree, ensure that entrants have access to numbers on an equal footing, and avoid unnecessary disputes on number issues between new entrants and the incumbent, an independent numbering management system will be set up. o Customer database administrator. Most numbering schemes give customers the option of selecting an operator on a pre-subscription basis and using an access code to override presubscription in order to access other networks on a call-by-call basis. URSEC has decided to adopt this scheme, which requires a customer database administrator. u Signaling. Signaling, the capacity to identify the origin and destination of a call, must be provided by incumbents - alternatives to the incumbents' signaling networks are more Page 45 costly, have lower quality, and do not provide the coverage of the incumbents' networks. The GoU will define precise rules for signaling. 157. Mobile operator licenses. Bringing independent players to the mobile market will depend on completing the ongoing auction of radio-electric spectrum. It is expected that the entrke of new providers will lower tariffs and expand coverage. In March 2003, two new mobile licenses were awarded. 158. Unaccounted-for-Water (UFW) Reduction IProgram for Montevideo. The GoU will grant a performance-based contract to a private operator for UFW reduction in the Montevideo system as a tool for efficiency improvements and as a revenue source for financing sewerage expansion in the interior of the country. 159. PSIP in the roads sector. The GOU envisions a continued effort to incorporate the private sector in the maintenance and rehabilitation of the road network. Current market conditions, however, may not be the most conducive to attract private entrepreneurs on a nonrecourse basis. The approach being advanced with the "Mega-concession" requires close monitoring and analysis in order to ensure the appropriate gradual incorporation of private financing, clear definition of future risks and liabilities to the Government, and the establishment of an adequate regulatory framework. Specialized consultants are to be hired to develop benchmarking mechanisms for these initiatives and support the adequate implementation of the "Mega-concession", including the analysis of options to enhance its credit rating. As part of this strategy, the Government will award the concessions for Carrasco International Airport, and Montevideo port multipurpose terminal, as well as allow private operators to operate on AFE's lines. InstitutionalDevelopment 160. NationaD Energy Policy. The key objective of the operation for the energy sector as a whole is to support the establishment of an explicit and participatory national energy policy. The formulation of the national energy policy will be led by the MIEM, and undertaken in a consultative fashion by means of a national committee of stakeholders comprising representatives of other ministries, regulatory agencies, and public and private operators in the energy sector as well as OPP. The energy policy will address issues relating to: the relative price of fuels; the economics of gas and electricity importation from Argentina and Brazil; the economics and politics of a strategic national reserve of generating capacity; the environmental impact of changes in the country's energy portfolio; the consistency of the new electricity, gas and petroleum regulations with the national energy policy; and the institutional capacity required to implement and monitor a national energy policy. Special StructuralAdjustment Loan Education Sector 161. Protect key education programs from budget cuts. The GoU already has an agreement with an earlier World Bank adjustment operation approved in August 2002 and with the IDB to protect some of the key elements of the education budget. The proposed SAL/SSAL conditions are meant to complement those of the 1DB and the earlier World Bank loan by Page 46 protecting: (i) the textbook prograrn; (ii) the bilingual education program; and (iii) basic school supplies and maintenance. The levels of budget protection have been determined so that there would be no cutback in the quantity and quality of provision of core educational services, especially for those services which provide greater benefits to the poorer segments of the population. Protection of the budget for priority programs extends to timely execution of the budget and to the amounts budgeted at the beginning of the year. The GoU is committed to ensuring that resources reach the end beneficiaries in schools and communities within the appropriate time and is strengthening the monitoring processes. 162. Management Improvement Program for ANEP. CODICEN has approved an action plan to improve the efficiency and effectiveness of the management of ANEP (Resoluci6n 4 Acta Extraordinaria 2, January 13, 2003). As the autonomous public entity responsible for the provision of public education, the CODICEN resolution demonstrates a high level of political commitment to undertake a reform that seeks to improve systemic management. The lines of action in the management improvement program build on a detailed analysis of efficiency gaps that was carried out by ANEP and which has been discussed with the Bank. Four specific products identified in the CODICEN resolution are: (i) a system of monitoring and archival to speed up the flow of decision-making across the organization, with the specific aim of reducing the time it takes for action to be taken through the bureaucratic process; (ii) an integrated human resources information system to ensure better control of spending on personnel; (iii) an integrated management informnation system to make it possible to use existing information for better policy planning and implementation; and (iv) an internal audit to track the use of financial resources and identify and eliminate sources of wastage or inefficiency. Through the period of the SSAL operation, the Bank team will be engaged in an active policy dialogue with the GoU to ensure that the implementation of the management improvement program leads to measurable and sustainable results. Health Sector 163. Reduce cross subsidies and increase cost recovery in public hospitals. The ongoing fiscal crisis and the subsequent budgetary constraints on public hospitals have re-enforced the need to aggressively reduce cross-subsidies and increase cost recovery at the public hospital level. To this regard, this operation will recognize the MSP's and ASSE's efforts to: o gradually expand the implementation of a beneficiary database throughout the public hospital network (initially covering, by the end of 2002, hospitals that account for more than 80 percent of ASSE's total budget); o further complement this beneficiary database (at present based on the database of insured citizens, RUCAF) with the positive identification of uninsured patients; o define and apply a clear incentive for public hospitals teams to recover costs in a sustainable way o effectively utilize such beneficiary database for: (a) cost-recovering from third-party payers (e.g., IAMCs and other insurers); (b) applying co-payments for ambulatory services according to ability to pay, as defined by the Decree 179 of 2002; and (c) introduce gradual per capita adjustments to budgetary allocations to public hospitals; and o incorporate actions and expected results (targets) in this area to the annual performance agreements to be signed between the central level of ASSE and its public hospitals, starting 2003. Page 47 164. Reform FNR. The FNR needs to introduce structural reforms to enable it to regain its financial equilibrium and, hence, be able to sustain its social mandate of financing high-cost, high-complexity health care throughout the nation. The restructuring plan for the FNR set forth by the national Government includes, among others, the following key actions: o utilizing the same beneficiary database developed by the MSP (for the public health sector) as a means to verify ex-ante its own revenues and services; o reviewing and reforming, as needed, the regulatory framework that defines: (a) the information flows in the system (mainly from the IAMCs), and (b) the quality assurance requirements for eligible providers (IMAE's); o concluding cost and utilization rate studies for a subset of interventions that account, at least, for 60 percent of its total expenditures and consequently renegotiating tariffs and contracts with providers and insurers; o reforming the menu of eligible interventions in accordance with technical criteria; and lastly, o maintaining the FNR in (operational) financial equilibrium. 11). llnstitutional and ImpRementation Arrangements Program Managementand Loan Administration 165. The Oriental Republic of Uruguay would be the Borrower of the proposed loans. The OPP will be the principal executing agency and would have overall responsibility for coordinating and overseeing all aspects of the program. The MEF, MIEM, MTOP, MSP, ANEP, and the regulatory agencies URSEA and URSEC will also have key roles in executing the program and would work closely with OPP in executing program components under its jurisdiction. The closing date of the loans would be December 31, 2004. Disbursement and Audit Arrangements 166. Disbursement arrangements would follow the simplified procedures for SALJSECALs approved by the Board on February 1, 1996. The Borrower would open an account in the Central Bank of Uruguay (Banco Central del Uruguay). Once the Bank formally notifies the borrower that a tranche is available for withdrawal, the borrower may submit a simplified withdrawal application so that the proceeds of the tranche are deposited by the Bank in this account for use in accordance with the Loan Agreements. Disbursements would not be linked to specific purchases, and supporting evidence for disbursements is therefore not required. The proceeds of the loan would not be used to finance expenditures typically excluded under the Loan Agreement. Although a routine audit of the deposit account would not be required, the Bank would reserve the right to conduct one. Implementation and Monitoring 167. Uruguay is strongly committed to move ahead with the broad program of reforms. This contains several actions already undertaken, particularly in terms of establishing sector laws and regulatory entities. The loans' design incorporates lessons learned from previous adjustment operations. Implementation will be monitored through regular reviews (for monitoring indicators, see Annex 1), and would be supported by technical assistance through the ongoing Page 48 TAL and through the supervision of investment operations in the water and sanitation, power, transport, health and education sectors. FinancialManagement and Accountability 168. Past and current lending experience in Uruguay and regional assessments from specialized agencies indicates that there is no undue risk to the proceeds of the proposed Bank loans. The Bank's CPIA rating for Uruguay is 4.0, one of the highest ratings in the region. The Transparency International Corruption Index rating in 2002 for Uruguay was 5.1, making it the second best in the region after Chile. The accounting profession in Uruguay is extremely well developed and produces many of the accounting consultants used throughout the region, as well as top Government officials in Uruguay. Lastly, the performance of the Bank's portfolio has been good and no major financial management issues have arisen. Moreover, procurement has been of acceptable quality, though delays have been a source of contention in project implementation. A Country Procurement Assessment Report was completed in July 1999 and highlights the strengths and weaknesses of the Uruguayan public procurement systems and provides recommendations for improvement. The Government has requested the Bank's assistance to implement the report's findings, for which the Bank recently approved and is implementing an Institutional Development Fund Grant and complementary support is being provided by IDB. 169. Beyond these fiduciary responsibilities, the GoU is taking steps to increase the efficiency of public expenditure by increasing transparency and accountability. First, the GoU intends to establish a system of regulatory accounting that will provide the basis for vertical and horizontal separation of the accounts of the utilities and minimize the scope for strategic manipulation of accounting data, and as such will be an important tool to support competition (see paragraph 143). Second, the GoU intends to establish the periodical publication of quality of service and performance indicators providing the Executive performance information on which to base tariff decisions and allowing consumers to make informed decisions about the services they purchase (see paragraph 150). Third, the GoU aims to address the efficiency of the public hospitals, chronic cross subsidies from public hospitals to health insurers and the recurrent operational deficit of the FNR (see paragraph 90 - 91) through development of a beneficiary data base, contracting out of ancillary services, and a restructuring of FNR (see paragraphs 128 - 130). Lastly, the GoU intends to increase efficiency in the education system (see paragraphs 94 - 95) through: streamlining ANEP operating procedures; establishing an internal auditing system in ANEP; integrating human resource management systems; and integrating financial management across administrative units (see paragraph 133). These efficiency improvement measures should be complemented by the Country Financial Accountability Assessment recently initiated in coordination with the IDB, which also focuses on increasing the Government's financial management technology and efficiency in the parastatal sectors. E. Environment and Consultation with Stakeholders 170. A very detailed analysis of the environmental regulation in the country covering all infrastructure sectors, water resources and irrigation, was recently completed in the context of the ongoing TAL. This analysis includes the state of the environment today, a broad description of the treatment of environmental matters, and a set of reform proposals supported by a Page 49 comprehensive database of all environmental norms and regulations, a comparative legal analysis with Mercosur members, an identification of responsibilities and capacity in the public agencies in charge of environmental management, and suggestions of model environmental clauses to add in new concession contracts specifying concessionaires responsibilities in accordance with the environmental regulation and existing environmental liabilities. The next step in the rich dialogue that the Bank and the country have in the environmental area involves the preparation of a country environmental analysis focused on strengthening management capacity in the infrastructure sectors. Initial drafts of the terms of reference for this task have already been prepared. The Environmental Assessment Category of the proposed project is U. 171. The proposed reform program includes four key activities involving stakeholders in monitoring reform progress, in soliciting stakeholder input to inform design, and to assess potential impacts of the changes. First, as described above, the program supports the establishment of a system of performance indicators for all public services. Companies providing services will be obligated to regularly publish performance information and targets. This information will allow clients to monitor and compare performance and hold these companies accountable. Second, the Government is keenly aware of potential impacts the reform and the economic crisis could have on the most vulnerable populations and is committed to not loose ground in terms of service coverage and affordability for the poorest. The Government plans to carryout a study to measure current impacts of the economic crisis on services and potential impacts of the reform and, if necessary, to develop a new policy of services to the poor. The study methodology will include focus group discussions as well as household surveys, and the study should provided the basis for a permanent framework by which the GoU can monitor the impact of public service coverage, quality, and prices on the poor, as well as inform tariff design. Third, the GoU plans to develop a model to assess the overall impacts of the reform program, and identify possible winners and losers, as a first step toward mitigating negative effects. The study is in the process of being contracted. Lastly, the GoU intends to develop and implement a public information campaign on the public services reform measures. The campaign will be supported by the ongoing TAL and provide educational information to the public as well as provide a forum for feedback on the reform program. 172. In addition to these planned steps, the Government has involved the sector ministries, utilities and regulators in the design of the proposed reform agenda. Over the last two years and as part of the Bank funded Technical Assistance Loan, the Government has held a series of workshops led by top international specialists on the fundamentals of regulation, competition and institutional design with a wide range of participants from the public sector and academia. These workshops have to provide a basis dialogue and consensus building on the reform program. 1F. Benefts 173. In broad terms, the Reform program will contribute to growth, poverty reduction, and long term economic sustainability. The program will enhance economic growth prospects by increasing the efficiency of infrastructure and service allocation and reducing prices of services. These will contribute to reducing logistic costs key to boosting exports. Energy, communications, and transport are key inputs into most production processes, and hence inefficient, unreliable, and high costs supplies affect overall economic performance. The proposed operation will address several problems that are hindering better performance in these Page 50 sectors, including sector restructuring and liberalization, establishment of regulatory frameworks, and the establishment of clear sector policy to guide public intervention. 174. The project will also support growth by mitigating fiscal constraints through gains from sector reform. Based on a conservative estimate, the proposed operation is expected to produce a net fiscal gain of US$168.6 million in the next five years, an amount equal to about two-thirds of the approximately US$250 million that will be lent through the loans. This figure includes auction payments in the concessions of mobile telephones, Montevideo airport, containers, and road concessions (US$52 million); the payment that would be made by the private company associating with ANCAP (US$58.8 million); reductions in subsidies to AFE and ANC (US$11.4 million); a net gain in the dividends paid by ANCAP, ANTEL and UTE (US$2 million); and a net loss of taxes and social security contributions paid by ANTEL, UTE, OSE, ANCAP, AFE, and ANC (US$44.4). Assumptions and detailed calculations were prepared with the Government team from OPP. These benefits are in addition to overall economic benefits from increased private sector investment and improvements to general welfare supported by the reform program (see Annex 5: Fiscal Impacts of the Reform Program for further details). 175. As well as contributing to poverty reduction via economic growth, the program will address specific needs of the poor through reforms in the health and education sectors. Specifically, in the health sector, it will enable the national Government to secure resources needed for maintaining proper access to health services. Such will be the case for general health care through ASSE, as well as for high complexity attention via the FNR. The protection of key education sector reforms would serve the interests of the poor by ensuring that programs targeted towards the poor are maintained, and that the education system continues to provide the minimum level of basic inputs such as textbooks and school maintenance. It is anticipated that these measures will assure continued strong support to these sectors through the period of fiscal tightening and possible changes in the needs of the Uruguayan population. 176. The program will also address issues of long term sustainability and social impacts in public utilities and the infrastructure sectors. The loan will support strengthening of sector institutions in terms of policy making and regulation which will, as the sectors are liberalized, help assure fair and even competition in the best interest of the general population. Through health and education sector investments, the loan will also support continued development of human capital necessary for sustained growth. G. Risks and Mitigation 177. Macroeconomic risks. Further deterioration in the economic situation in Argentina, and the risk of further complications in Brazil's economic situation could undermine measures to stabilize the Uruguayan economy by thwarting efforts to reduce bank deposit withdrawals and exacerbating fiscal problems. Continued economic slow down would in turn present serious risks to banks and the sustainability of the fiscal deficit. Attaining high primary fiscal surpluses - as required for debt sustainability - will demand political cohesion. The social depth of the crisis - unemployment and poverty - and the rapidity of the required reforms may challenge the country's careful consensus building approach to policy making. Page 51 178. Heavy amortization of sovereign bonds has raised debt sustainability concerns as reflected in high country risk premia. Uruguay has taken important steps to strengthen its fiscal situation and to simultaneously restructure its debt. Another potential risk is that the proposed debt restructuring may not get the level of market participation anticipated by the Government. In the unlikely event that debt restructuring fails, the macro framework would need to be adjusted. 179. If one or more of these risks materialize, or if new macroeconomic shocks impact the economy, the implementation of the proposed reform program could be impaired. An increase in the country risk premium will follow thus raising the cost of capital for private investors and reducing the flow investment and foreign direct investment in particular. Interest in private sector participation - as envisaged in this project - will then also diminish. 180. Overall macro and debt sustainability risks are high; satisfactory macroeconomic performance, as assessed, for example, in the context of reviews of the ongoing IMF program (second revision approved on March 17, 2003) will be closely monitored. 181. EIsk of Weakening of Reform Consensus. Since its return to democracy more than two decades ago, Uruguay's political process has been dominated by a careful, consensus building approach. The consensus-based approach was given legal power in the Referendum Law. In the past, this law has been used to stop reforms, most notably in the area of privatization. Currently, the reform laws for the petroleum and railways sectors are challenged, and a Constitutional Amendment to forbid future PSP in the water supply and sanitation sector is being promoted by interest groups in the sector. The economy is currently rocked by events in neighboring countries which challenge this style and pace of policy and reform and present a political opening for reforms to proceed more rapidly than in the past, however continued economic decline could result in increasing public opposition to the Government's program. The comprehensiveness and pace of the reform program will be sustained by the continued credibility of the policy approach of the current team in OPP, working collaboratively with MEF, the line ministries, the regulators, and the public utilities. Credibility and the support of MEF strengthen the prospects that the reform program can be sustained. 182. Risk of Enstitutional Weakness. Another risk is institutional as several institutions will be contributing to the pace of reform and not all are at the same level of development. OPP is the strongest institution and few set backs are expected. However, the multisector and communications regulatory institutions are at a far lesser stage of institutional development and their progress in taking up new tasks may be punctuated by set-backs. The Bank's ongoing technical assistance loan will provide support to mitigate technical and human resource constraints. The ongoing technical assistance loan will continue to support the key policymaking and regulatory agencies with the implementation of the Govermment's reform program. Page 52 Annex 1: MATRIX OF CONDITIONALITIES AND MONITORING INDICATORS (disbursement conditions in bold, monitoring indicators in normal font) Objectives Achievements to Dale Second Tranche __ __ __ __ _ __ __ __ __ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _'__ Maintenance of a satisfactory macroeconomic framework as evidenced by the IMF program. _ _ StriucturhilAdjustment,Loan PuEi b lic sServir5es' ._._ Regulatory Reform CD Across Sectors Improve utilities performance, transparency, and accountability, and facilitate competition. Results --,.;-:'rs'.0 ;-.a ' .,Maintenance of a satisfactory macroeconomic framework as evidenced by the IMF program. Macroeconomic stability. Third Tranche - Maintenance of a satisfactory macroeconomic framework as evidenced by the IMF program. _ _ _ _ _ _ _ _ .. Law creating URSEA, a regulatory agency for water and sanitation, power, gas and petroleum products approved. URSEA Board of Directors appointment and the water private concessions in the Department of Maldonado put under its jurisdiction. Design of a new regulatory accounting system under preparation for the water and sanitation and power sectors. URSEA organization structure defined and staff appointed. New regulatory accounting guidelines for all sectors under URSEA control issued and approved. Agree on set, definition, and protocol for estimation and publication of energy and communication sectors performance indicators. _ _ _ Targets agreed with IMF have been met _ , Private and public utilities under URSEA's and URSEC's jurisdiction have implemented regulatory accounting, as certified by independent auditors; and private and public utilities under URSEA's and URSEC's jurisdiction have published performance indicators for the fourth quarter of 2003. __'_ __x ._,_ . Public services effectively regulated as demonstrated by the establishment of detailed operating procedures by the regulatory entities and implemented by the operators; including tariff setting, accounting and public information norms, rules and procedures. (continued) Objectives Energy Strengthen and consolidate regulation in transmission and distribution of electricity. Achievements to Date Technical norms and regulations for transmiission and distribution approved and issued. Technical norms for quality of service in distribution approved after public consultation completed. Second benchmarking study under preparation Second Tranche Third Tranche MIEM has issued a decree announcing the target tariff for electricity distribution and establishing a convergence path towards the target tariff (consistent with URSEA's recommendation and the benchmarking studies carried out by URSEA). Performance review of regulatory framework completed and adjustment proposal made considering the new National Energy Policy. Results URSEA has completed first round of quality of service inspections. Establish appropriate regulation and promote competition in the petroleum sector. Law eliminating ANCAP's monopoly and allowing free import of oil and derivatives starting in 2006 approved. MIEM has issued a decree establishing the regulatory framework for the importation, production and commercialization of petroleum products. Reduce costs and promote competition in the petroleum sector. A project of law establishing new legal and regulatory framework prepared by ANCAP. The Executive has issued a decree approving two divisions within ANCAP with separate accounts, management and fimances for its petroleum business and its port and logistic facilities. The Borrower has fully closed the gap between the ex-refinery and the estimated import parity prices of petroleum derivatives. New law defining specific regulatory framework for downstream petroleum products approved by Congress. Definition of an import parity pricing formula for petroleum products and removal of ANCAP regulatory and licensing responsibilities approved. (continued) Objectives Consolidate competition, regulation and PSP in the natural gas sector. Telecommunications Strengthen and consolidate regulation and competition, and promote PSP in telecommunications. PostalServices Consolidate competition, regulation and PSP in the postal services sector. Achievements to Date Law establishing new natural gas legal and regulatory framework submitted to Congress. Second Tranche The Borrower has complied with a new natural gas law, which includes provisions to: (a) eliminate legal ambiguities, including with respect to the attributions of the public and private sector; (b) establish a tariff regime; and (c) define right of way issues. Third Tranche Results Draft legal framework for licensing operators completed in June 2002. Legal framework for licensing operators approved. The Executive has issued a decree establishing the regulatory framework for the Borrower's postal services sub-sector. System for monitoring sector performance including quality of service, mail volumes and delivery coverage implemented. Waterand Sanitation Establish appropriate legal and regulatory framework for water and sanitation. Water sector law presented to Congress. Congress has approved and the Executive has promulgated a law establishing the legal and regulatory framework for the water supply and sanitation sector, which includes, inter alia, provisions to shift the authority to carry out feasibility studies and grant concessions from OSE to the Executive. (continued) Objectives Transport Strengthen regulatory framework in transport. Achievements to Date Efficiency and Comretition sp,e-_ Across Sectors Improve public Service quality and performance utilities performance indicators for 2003 and 2092 and service quality. results for OSE agreed and published in daily newspapers. Second Tranche Sector legal and regulatory framework approved. ___ Third Tranche ____ Real prices reduced, quality and coverage increased, and the efficiency of investment, production and distribution of services, and infrastructure improved. Service quality and performance indicators for UTE agreed with the Bank for ongoing operations. toIV v; oE Energy Remove tax distortions in relative prices of competing fuels. Decision to undertake a Tax Reform, including the review of taxes applied to the energy products. Establish the basis for a competitive wholesale electricity market. Specific norrms and regulations for generation and transmission issued in June 2002 and for the wholesale market in August 2002. Results The Borrower has reduced relative price distortions in the structure of fuel taxation, through the enactment of any necessary amendments to existing tax laws, to the extent necessary to reach equilibrium with the major neighborring countries. ADME has approved a first set of PPAs and has requested proposals for thlree ongoing energy contracts to be replaced by PPAs. First spot transactions for electricity have been completed under the framework of the ADME. Framework for signing Power Purchase Agreements (PPAs) approved. (continued) *~' -. ; .Achieveniens tothite t'.Objectives~ . Timetable approved for lowering the Promote competition threshold for large customers to in electricity. freely choose energy provider. GoU to have prepared a proposal for Guarantee open open access to ANCAP's port and access to ANCAP warehouse facilities. port and storage infrastructure. Second Tranche Third Tranche Results The Executive has approved unit tariffs and URSEA has approved conditions for open access to ANCAP's port, wholesale oil import, and storage facilities. ANCAP port and warehouse facilities effectively open to third parties. Telecommunications Promote competition in the International Long Distance (ILD) market through creation of an even playing field for new operators as well as through open access to new entrants to the market. Strengthen competition in the mobile telecom market. Water and Sanitation Promote PSP, modernize OSE and optimuze water distribution in Montevideo. Government granted ILD licenses to 18 operators and approved interconnection regulation. New signaling scheme, customer data base administrator, and numbering plan approved. URSEC has: (a) set up an independent telephone numbering management system; (b) adopted a customer database administrator; and (c) defined precise rules for signaling (i.e., identifying the origin and destination of a telephone call). OSE has offered to award a performance-based contract to a private operator for the management of the UFW reduction program in Montevideo, as evidenced by the public offer issued for the award of the contract. Commercial cadastre updated and initial package of goods and works for UFW reduction under implementation. Numbering plan, customer database administrator, and signaling scheme under preparation. Government awarded new mobile license. OSE created special Unit to manage UfW activities. Specialized consultants hired and scope of and pre-qualification criteria for a performance based contract to manage UFW reduction program for the Montevideo water supply system defined. (continued) Objectives Transportation Improve efficiency and promote PSP in transport. Achievements to Date Second Tranche Third Tranche Laws approved in 2002 (i) created "Mega-concession" and allowed further concession in ports and airport management, and selling of stake in former state carrier (Pluna), and (ii) separated AFE rail infrastructure from operations and transferred AIFE rail infrastructure to MTOP. The Borrower has brought to the point of concession the management of the Carrasco International Airport, as evidenced by the issuance of invitations to bid for the award of the concession. Law approved in June 200) providing open access of private operators to public rail infrastructure. Borrower has brought to the point of concession the management of the Montevideo port multipurpose termiinal (puerto polivalente), as evidenced by the issuance of invitations to bid for the award of the concession; and the Borrower has offered to award contracts to private companies to operate in former AFE rail network, as evidenced by the public offer issued for the award of the contracts. Efficiency gains through alternative mechanisms for roads maintenance and rehabilitation underway. Compliance with maintenance and rehabilitation plan and sectoral allocation of budget. Compliance with maintenance and rehabilitation plan and sectoral allocation of budget. Results Definition of maintenance and rehabilitation plan for the upkeep of road assets in order to preserve critical road links. InstitutionalDevelopment Energy Define a National National Energy Policy under Energy Policy. preparation with the coordination of an Advisory Committee. The Borrower, through MIEM, has published and complied with a national energy policy which addresses issues relating to: (a) the relative price of fuels; (b) the economiies of gas and electricity importation from Argentina and Brazil; (c) the economics and politics of a strategic national reserve of generating capacity; (d) the environmental impact of changes in Explicit and participatory national energy and communications policies established, and regulators with adequate capacity to properly carry out their (continued) Objeclives Achievements to Date Establish the basis for a competitive wholesale electricity market. Ensure URSEA capacity to properly regulate petroleum sector activities. Telecommunications Define sector policy, and update legal and regulatory framework for telecommunications. Ensure URSEC's capacity to carryout proposed reforms, Second Tranche the country's energy portfolio; (e) the consistency of the new electricity, gas and petroleum regulations with the national energy policy; and (f) the institutional capacity required to implement and monitor a national energy policy. - Third Tranche Results responsibilities and functions. ADME's General Manager appointed, and following competitive process, ADME staff for dispatch and financial transactions appointed; assets and equipment transferred and manual of procedures completed and published. January 2002 law eliminates ANCAP's monopoly, and allows free import of oil and derivatives starting in 2006, linking these measures to finding a private partner for ANCAP. Law threaten by a referendum. URSEA to have established a Petroleum products unit, defined its functions and hired its staff. Congress approved legal and regulatory framework in February 2001. Sector policy and updating of legal and regulatory framework approved. URSEC was created on February 2001. URSEC's administrative and labor structure, and autonomous financing mechanism approved. Satisfactory implementation of financing mechanism for UJRSEC. Proposal prepared defining administrative and labor structure, and an autonomous financing mechanism for URSEC. (continued) Objtectives Transport Consolidate sector reforms to enhance efficiency in the provision of transport infrastructure services. Achievements to Date Law approved allowing the separation of railway infrastructure from operations and transfer of railway infrastructure assets to MTPO (with its responsibilities and right to charge tolls received subsidies) and authorizing the use of infrastructure by any operating company. Second Tramnche' Third Trance Results IFor the period from January 1, 2003 to the date falling two months prior to the Third Tranche Release Date, the Borrower has timely executed its budget at least at levels of expenditure specified in its monthly budget execution schedules and satisfactory to the Bank (including without limnitations the monthly levels of expenditure for 2003 included in the Borrower's integrated fimancial information system (Sistema Integrado de Informacidn Financiera- StIE)) for each of the following programs: (a) basic school supplies and maintenance Key education programs protected from budget cuts, and an internal auditing system and integrated information systems for legal, accounting and human resources matters established. Institutional reorganization for AFE, MTOP, and ANP implemented. Enactment of specific legislation to facilitate comprehensive insurance for multimodal transport chains. Institutional reorganization plan for AFE and MTOP (for its newly acquired responsibilities in the railways sector and ANP) completed and approved. Education Sector nsEducahon Sector Consolidate and reinforce equity within education programs. Special StructuralAdjustment Loan Social Sectors Satisfactory execution of 2002 budget at agreed levels and agreement on 2003 budget comimitments on expenditures for basic school supplies, bilingual education, textbooks for primary schools. Execution of the 2002 Budget at the minimum level of expenditures indicate in US$: o Basic School supplies (300,000) o Bilingual educations (100,000) For the period from J1anuary 1, 2003 to the to the date fatling two months prior to the Second Tlranche Release Date, the Borrower has timely executed its budget at least at levels of expenditure specified in its monthly budget execution schedlules and satisfactory to the Bank (including without limitations the monthly levels of expenditure for 2003 included in the Borrower's integrated fimancial information system (Sistema Integrado de Informaci4n Financiera- SIIF)) for each of the following programs: (a) basic school supplies and maintenance program; (b) the bilingual education program; and (c) the textbook program for primary (continued) *Objectives Achie%ernents to Dale Second Tranche schools. Budget for the year 2003 at the minimum level of expenditures indicated in US$ and timely execution of corresponding budget up to date of tranche release * Basic school supplies (900,000) * Bilingual Education (250,000) * Textbooks for primary Schools (800,000) Third Tranche program; (b) the bilingual education program; and (c) the textbook program for primary schools. Results The Borrower has included in its 2004 budget agreed minimum levels of expenditures for each of the following programs: (a) basic school supplies and maintenance program; (b) the bilingual education program; and (c) the textbook program for primiary schools. Full execution of 2003 budget and inclusion in Budget for 2004 at the minimum level of expenditures indicated in US$; * Basic school supplies (900,000) * Bilingual Education (400,000) * Textbooks for primary Schools (300,000) Improvement of sector efficiency. GoU has restructured ANEP to improve coordination. Productivity study to improve functioning of ANEP completed. CODICEN's new system of followingup working files implemented and supporting system of filing legal information designed. Design and implementation of a system to follow-up CODICEN's working files and a database initiated. Internal Auditing structure, number and description of jobs, procedure to fill positions, and general operating manual approved by ANEP. Proposal to set up an Internal Auditing unit of ANEP, including a definition of job positions prepared. Implementation of database of human resources admiinistration advanced. I _I_I_(continued) < . . . Implementation of supporting system of filing legal information advanced. Jobs in the Internal Auditing unit filled and auditing procedures approved. Personnel and financial management systems designed and in advanced state of implementation. ~~~~~~~~~~~~~~~~ Obpectives Achievements to Date Second Tranche i ANEP's existing information systems accounted, development needs identified and integrated management system designed. Third Tranche Implementation of integrated management system advanced. Results Health Sector Improve the efficiency of public spending in the health sector, maintaining or even improving the quality of services delivered. The MOH has defined the overall policy framework for contracting out ancillary services in public hospitals. A comprehensive evaluation of specific services considered initial candidates for contracting out has been concluded. The contracting out of those services recommended by the initial evaluation is underway. For those services where contracting out was deemed not convenient, the MOH has approved and begun implementation of an internal optimization plan. A thorough evaluation is available for those services contracted out (including financial and quality results). Similar evaluations are available for those services not contracted out. In the latter, results show efficiency gains compared to the previous year. Improve the efficiency and equity of public hospital expenditure through the elimination of regressive subsidies. The MOH construction of a beneficiary database for ASSE underway and wil be used for cost recovery and to implement new budget allocation formulas. The comprehensive beneficiary identification system implemented in hospitals that account for at least 70% of ASSE's total budget, making possible cost recovery; the Executive has issued a decree establishing the legal framework for providing incentives for public hospitals to cost recover. (a) ASSE's beneficiary database identifies at least 40% of the uninsured population of the Borrower; and (b) the MSP, through ASSE, has completed initial simiuations of new budget allocation formulas based on the database referred to in (a). ASSE has completed its financial beneficiary database; at least management and 30% of ASSE's 2004 hospital governance. budget is allocated based on per capita criteria; and during the quarter immediately preceding the Third Tranche Release Date, seven public hospitals of the Borrower have billed at least 20% of in-patients (patients who need to stay overnight at the hospitals), provided, however, that bilRs issued to uninsured patients may be for iformation purposes only. Decree 179/2002 (for charging copayments) is still in effect and is being applied. ASSE is tracking progress made in the implementation of the beneficiary database according to an action plan; progress reports are available. Cross subsidies reduced and cost recovery increased in public hospitals, and the Fondo Nacionalde Recursos (FNR) reform for better A methodology for periodically updating the beneficiary database has been defined. Performance agreements for 2003 include specific targets in beneficiary identification and cost recovery. (continued) Objectives :$ ch eve ijent'stoDute Second Tranche -';hird Traiche .e Personnel/equipment needs for expanding the beneficiary database have been addressed. Improve the efficiency and strengthen the sustainability of public expenditures in high complexity medical care. The national government has regained control of the FNR board and has launched a comprehensive reform to bring the Fund back to equilibrium. The FNR has been in financial equilibrium (regular revenues, not including any amounts attributable to the increase in contribution rates mandated by a decree of the Executive, have been equal to or Changes in the regulatory greater than regular expenditures framework that guarantee proper any extraordinary, not operationallyaccreditation of eligible providers related revenues and expenditures (IMAEs) and miinimum information excluded) for the 12 month period flows for receiving funding from the immediately preceding the Second FNR have been identified. Tranche Release Date,); and the FNR has determined unitary costs and The FNR has been in financial utilization rates for medical equilibrium during the last 6 months procedures that account for no less than 60% of its expenditures. The FNR incorporates the beneficiary database developed by ASSE in its All service authorizations in the FNR procedures and verifies ex-ante are previously validated against the services to fund. beneficiary database. New regulatory changes previously identified are in effect. Legal actions to lower tariffs are underway, including a formal request to the MOF and the initiation of negotiations. The FNR has been in financial equilibrium (regular revenues, not including any amounts attributable to the increase in contribution rates mandated by a decree of the Executive, have been equal to or greater than regular expenditures -any extraordinary, not operationallyrelated revenues and expenditures excluded) for the 12 month period immediately preceding the Third Tranche Release Date. The menu of eligible procedures to be financed by FNR has been redefined to eliminate the procedures that do not involve high costs or are not highly complex; and new tariffs have been put into effect for the procedures financed by FNR, and utilization rates are being used to control the volume of procedures being financed by FNR. All service authorizations in the FNR are previously validated against the beneficiary database. New projections of the financial equilibrium of the FNR are available based in its new policies. Results Annex 2: LETTER OlF DEVELOPMENT POLIRCY (LIDP) OriginalLDP was presented by the Government to the Bank in Spanish Office of the Presidentof the Oriental Republic of Uruguay Planningand Budget Office Note No. 024/A/03 Montevideo, March 7, 2003 Mr. James D. Wolfensohn President The World Bank Group Washington, D.C. I. Country Strategy A. As stated in its letter of March 9, 2001, the Government of the Oriental Republic of Uruguay ratifies its intention to promote a reform of the commercial and industrial public sector within the overall framework of the country's development strategy, based on three clearly defined policies: o o o B. Restoring stability by balancing fiscal accounts and through appropriate monetary policy management; Promoting greater market discipline, by lowering external tariffs and eliminating barriers to private investment, public sector legal monopolies, and unnecessary red tape; and A far-reaching reform of the State, aimed at trimming its share of the economy, emphasizing fulfilling its substantive mandates and those considered socially important, and seeking to structure utilities from the perspective of the user. The State would play a regulatory and promotional role vis-a-vis private enterprise. At the same time, and in respect to the social sectors, the Government is committed to enhancing the efficiency of public expenditure on health and education, maintaining and improving services in both sectors. In this context, the Government's strategy for these sectors centers on the following points: In the Education Sector: o To strengthen information systems o To streamline administrative procedures o To implement internal control and monitoring mechanisms. Page 64 In the Health Sector: * To ensure universal access to integral care * To improve the quality of health care services * To achieve equity in the financing of health care. The current situation in the areas of commercial and industrial activities of the State. Public enterprises in Uruguay have played a dual role: providing services and regulating the sector. This dual function has led to inefficiencies, inasmuch as public enterprises regulate themselves and have few incentives to ensure that the regulations effectively protect the interests of consumers; or else concern for regulation has been such that meeting commercial targets have been relegated to second place. The advent of competition at the global market, product line, or regional level, exacerbates conflicts of interest. The contradiction between fair regulation and the defense of the interests of the dominant enterprise, as we as discrimination between profitable and non-profitable activities discourages participation by new firms fearful that the regulators might favor public enterprises. 1. Beginnings of the process. Against this backdrop, for commercial, industrial, and services activities, Uruguay has embarked on a process of demonopolization and of incentives for private sector participation in basic areas such as potable water and sanitation, gas, electricity, telecommunications, postal services, insurance, rail transportation, and petroleum products. It has also continued to strengthen the presence of private sector operators in port infrastructure - the Montevideo container port and private ports along the coast - and in road infrastructure, by offering concessions for 1,270 kilometers of roads and 38 bridges, that will eventually be auctioned (Articles 28-33 of Law No. 17.555 of September 18, 2002). The government has also completed the legal groundwork for a concession covering integral operation of the Carrasco International Airport, which has been declared a free port (Articles 21, 22, and 23 of Law No. 17.555), as well as for the sale of the State's share in the Uruguayan flagship airline (Article 152 of Law No. 17.556 of September 18, 2002). 2. Means. To obtain maximum benefits from this process, the Government intends: 2.1 To foster competition, either "in" the market - wherever possible - or "for" the market, via concessions or by yardstick competition. This may be done through general laws governing concessions - an option currently being studied, and by restructuring enterprises and negotiating well-publicized program agreements. 2.2 To introduce competitive discipline through: Page 65 Norms safeguarding competition and open access to markets, as well as prohibiting closed-shop agreements or practices designed to take unfair advantage of dominant positions; o Gradual equalization of taxes levied on public and private operators; o Separation of operational, regulatory, and policy-making functions; and o Management audits. o 2.3 To regulate public utilities to protect consumers from possible abuse; ensure that the providers are financially viable; and to encourage economic efficiency. 3. Regulatoiry framewoirks. One of the challenges facing the Uruguayan State is to establish standards and institutions regulating the provision of public services. The regulatory frameworks have to strike a balance between strictness and flexibility; provide guarantees for new providers; and, at the same time, balance the interests of clients, operators, and the State (as the representative of society as a whole) in such a way that they are sustainable over time. So far, the State has an approved regulatory framework for the electricity subsector (Law No. 16.832 of June 17, 1997), and studies and drafts are being prepared for the petroleum products, telecommunications, postal services, and potable water and sanitation sectors. The regulatory framework bill for gas delivered through networks has been presented to parliament. 4. Regulatory Units. Regulations regarding exclusive rights, service obligations, quality and investment; pricing; tolls for access to infrastructure; and sanctions for noncompliance must be accompanied by measures to ensure their enforcement. The only way to achieve compliance is through regulatory bodies that issue and enforce regulations. Thus, Articles 70 to 97 of Law No. 17.296 - the National Budget Law for the current Government's term, approved on February 21, 2001 - established the Regulatory Unit for Communication Services (Unidad Reguladora de Servicios de Comunicaciones, URSEC) as a decentralized entity within the Planning and Budget Committee (Comision de Planeamiento y Presupuesto), while Article 98 stipulated that the Regulatory Unit for Electricity should have the same resources and powers to impose sanctions as the aforementioned unit. Later on, through Law No. 17.598 of December 13, 2002, the Government established the Energy and Water Services Regulatory Unit, URSEA, which comprises petroleum products, and other network services, including electricity, and ordered the transfer of the oversight tasks of the state-owned public corporations currently performing them. Likewise, the transfer of railroad infrastructure to the Ministry of Transportation and Public Works - through Article 150 of Law 17566 - as well as the decision to allow any operator use of the infrastructure (see Article 21 of Law 17.243 of June 29, 2000) indicate the need to study a far-reaching reform of the railway system and the establishment of a regulatory unit to boost competition and act as the guarantor of the general ground rules. These units shall perform the following basic functions: Page 66 Uphold the independence of the regulated enterprises and their technical autonomy vis-a-vis sectoral policies; * Have high technical standards in order to be able to safeguard private interests; * Be transparent and open in their activities, by publishing their decisions, holding public audiences, and other alternative means; and * Be financially independent in their source of funding. * 5. Reform strategy. Accomplishing the above-mentioned reforms will require strategies that take each public services sector's particular characteristics and conditions into account. The strategies will also have the following features in common: * * * * * * Differentiation of policy-making, operating, and regulatory responsibilities; Elimination of legal barriers to entry; Fostering of competition; Gradual establishment of the same rules for government and private enterprises; Design of efficient rate structures; and Active private sector participation in infrastructure areas. 6. Institutional framework. The above strategy requires a series of sector studies overseen by a "unit" to coordinate the institutional reform and regulatory studies in close collaboration with sectoral policy-makers and any regulatory units launched during this first phase and to lead a process of training on regulatory issues in Uruguay. This unit will be responsible for conducting intersectoral reform studies; administering the training prograrn; disseminating information on gains resulting from reform; and paving the way for both multisectoral regulatory agencies. The Planning and Budget Office, which reports directly to the Office of the President of the Republic, is therefore empowered to perform these tasks inasmuch as Decree No. 91/97 of March 19, 1997 added the review of regulatory instruments and mechanisms to its list of strategic objectives. In addition to being legally empowered to perform these tasks, there is also sufficient experience in this field given that, on August 14, 1997, the Government received a Japanese grant (Trust Fund No. 027.092), administered by the World Bank, to begin studies on a reform of the potable water and sanitation sector to be conducted by the Planning and Budget Office. Funded by that grant, studies have been carried out on a regulatory framework; a financial model for a water and sewerage concession in the Department of Maldonado; an overall financial model for studying concessions; model for management and regulatory accounting indicators; and a regulatory accounting system for the potable water and sanitation sector. In addition, and as a corollary to the grant mentioned in the foregoing paragraph, agreement was reached with the World Bank on August 22, 2001 regarding technical Page 67 assistance loan No. 4598-UR, the basic objectives of which are set forth in section 7 below. So far, the following studies have been completed: In the telecommunication sector: studies of the licensing regime; interconnection regulations; regulations on the use of the radio spectrum; and a policy paper for the sector; o With respect to the environment, a compendium of legal and contractual instruments has been drawn up, along with a comprehensive database of all environmental norms; a study identifying areas of responsibility for and management of environmental issues in the different government departments; a comparative legal analysis with the other Mercosur member countries; and model clauses to be incorporated into concession contracts, specifying the concessionaire's responsibilities under national environmental laws and existing environmental liabilities; o In the electricity sector, bids have been called for consulting services in Regulatory Accounting and Comparative Efficiency Analysis and a second report is being prepared on the revision of Standard Value Added in Distribution; o Finally, with a view to putting together a comprehensive analysis of the fiscal, social, and macroeconomic impacts of the proposed reforms, an evaluation is underway of bids presented on November 11, 2002 for drawing up a General Equilibrium Model that will provide an integrated and consistent framework for analysis. o In that context, as you know, the Government as a whole is preparing a Sectoral Adjustment Project related to regulation, competition, and competitiveness in the public utilities and infrastructure sectors. It will cover the following aspects: a. Institutional and legal structure of the public utilities' commercial and industrial sectors; b. The establishment, strengthening, and consolidation of the regulatory frameworks for each of the sectors; c. Corporate governance in public operators; d. Strengthening competition among the different sectors and within operators; e. Review and strengthening of social policies in connection with the provision of public services for low-income individuals; f. Development of tools for comparing the performance of the operators; g. An information and awareness campaign directed at public opinion, and in particular customers of the enterprises regarding the goals, commitments, and performance of each enterprise; and, finally h. Strengthening competition within infrastructure sectors and optimization of investment, operation, and maintenance programs. 7. A brief gRance at specific cases 7.1 Potable water and sanitation. This sector comprises all public and private institutions and resources in the country that have to do with the supply of potable Page 68 water, including catchment, treatment, storage, and distribution of water, and with sewer services, waste water treatment, and final disposition in urban, shanty-town, and rural areas. There are numerous players in this sector, including five operators and several government bodies. These are: * * * * * * The State Public Sanitary Works Administration (Administraci6n de Obras Sanitarias del Estado, O.S.E.), a decentralized provider of potable water throughout the country (Montevideo and 324 localities in the Interior) and of sewer systems in the provinces (42 localities). Current legislation allows, with prior approval by the Executive, outsourcing of service provision via concession (Article 750 of Law 16.736 of February 5, 1996). The enterprise has already granted two concessions in the Department of Maldonado and others are currently being studied. The Intendencia de Montevideo, which provides sewer services to 80 percent of the city; The Municipal Intendencias in the Interior, which are responsible for latrines final disposition; Aguas de la Costa, an O.S.E. concessionaire, which provides potable water and sanitation services east of the Maldonado Stream; Uragua, an O.S.E. concessionaire, which provides potable water and sewer services in most of the towns and villages in the Department of Maldonado; and Small private enterprises providing services to beach resorts that act outside of any government regulation. In addition to the above enterprises, the following bodies are also involyed: the Ministry of Housing, Regional Planning, and the Environment, through the Environment Directorate (Direcci6n de Medio Ambiente, DI.NA.MA), which is responsible for verifying water and discharge quality and acting as the liaison ministry for the O.S.E.; the Ministry of Transportation and Public Works, through the National Hydrography Directorate (Direcci6n Nacional de Hidrografla,D.N.H.), which is in charge of water resource usage; the Ministry of Health, and the Planning and Budget Office. The core problems in this sector may be summarized as follows: * Numerous agencies with overlapping functions; * Lack of separation in the utility enterprise and in the Intendencia of Montevideo between policy-making, regulatory, and operating functions; and * Lack of an entrepreneurial approach to management. To overcome these shortcomings, the Government is designing a Regulatory Framework for the Sector (complementary to the creation of the URSEA, the regulatory unit with jurisdiction over all the public and private operators); implementing the regulatory accounting system already prepared; periodically Page 69 publishing performance indicators. The Government is also increasing sanitation coverage in the Interior, financed through an O.S.E. canon levied on the private sector for its participation in a risk contract aimed at reducing the amount of unaccounted for water in the Metropolitan Region. 7.2 Electricity. Prior to reorganization, this sector consisted, on the operator side, of a vertically integrated enterprise called Administration of State Power Stations (Administraci6n de Usinas Electricas del Estado, U.T.E.), which generated, transmitted, and distributed electricity, and of the Salto Grande Joint Technical Commission, a binational power company owned jointly by the Republics of Argentina and of Uruguay. On the administrative side, the sector comprised the Ministry of Industry, Energy, and Mines and the Planning and Budget Office. Law No. 16.832 of June 17, 1997 and its regulating decree of January 26, 1999 established the new regulatory framework for the electricity sector. It separated policy making activities from regulatory and operational activities by institutionalizing the Electricity Regulatory Unit (Unidad Regulatoria de la Energia Electrica, UREE)'; the Electricity Wholesale Market Administrator (Administradora del Mercado Electrico, ADME) - a nongovernmental public corporation responsible for administering the wholesale electricity market; and the Electricity Wholesale Market (Mercado Mayorista de Energia Electrica, MMEE), a competitive market for generators and consumers with shared and free access to the transmission grid and distribution network capacity not already committed via contracts. The new rules signified a step forward in terms of redefining the State's role as regulator, but left open the implementation of the reforms. There, key aspects include: Specification of which U.T.E. activities should be transferred to other government entities; o The overall plan for implementing the UREE (now URSEA) and the ADME; and o Preparation of the operating regulations and technical and commercial coordination norms; access regulations; use, expansion, and service quality of the domestic grid and international interconnection regulations; and distribution regulations. o So far, General Regulations have been adopted for the Regulatory Framework for the Electricity Sector (Decree No. 276/02 of June 28, 2002); Distribution of Electricity (Decree No. 277/02 of June 28, 2002); Transmission of Electricity (Decree No. 278/02 of June 28, 2002), and Wholesale Market (Decree No. 360/02 of September 11, 2002). Still pending are: review of the market after one year of operation; Its specific 1. 2. 3. 4. functions are to: Oversee compliance with the Law and its regulations; Issue regulations regarding safety and quality; Issue norms and establish technical procedures for metering and billing; and Advise the Executive in relation to the granting of concessions, authorizations, and permits and in relation to the rates for sale of electricity to third parties by public service providers. Page 70 establishment of the Electricity Market Administrator (ADME); preparation and implementation of regulatory accounting; determination of standard value added in distribution and its simulation of final rates; and the establishment of a Service Quality Control System. 7.3 Gas. This sector can be broken down into four segments: (a.) the gas pipeline between Buenos Aires and Montevideo (under construction). This project will be executed by the Gasoducto Cruz del Sur consortium; (b.) the Costal Gas Pipeline built and operated since 1999 by the National Administration of Fuels, Alcohol, and Cement; (c.) distribution of gas in the Montevideo network run since 1995 by GASEBA S.A., a private corporation; and (d.) distribution of gas in the provinces to be operated by the Conecta S.A. consortium. As regards regulations, there are several Executive Decrees, which, together with the concession contracts, constitute the current regulatory framework for the sector. Particularly noteworthy is Decree No. 324/97 of September 3, 1997, which regulated national services for importing, transporting, storing, and distributing natural gas, including the construction and operation of gas pipelines, distribution networks, and natural underground storage systems. The following guiding principles were established: * * * * * Ensure as much competition in the market as possible and encourage investment in long term supply; Guarantee optimum operation, reliability, equality, free access, nondiscrimination, and generalized use of natural gas transportation and distribution services and facilities; Regulate natural gas transportation and distribution activities to ensure fair rates compatible with the national energy policy; Provide incentives for efficiency in the transportation, distribution, and rational use of natural gas, while ensuring adequate protection of the environment; and Attempt to achieve a natural gas price equivalent to international prices in countries with similar conditions. The new regulations and adoption of the URSEA have paved the way for implementation of the reform. Chief aspects of that reform include: * * Differentiation of regulation from sectoral policy-making activities; A diagnostic assessment of the sector in gas transportation and distribution activities; and * Definition of the operating regulations and technical and commercial coordination norms; access regulations; transportation use, expansion, and service quality; and distribution regulations. 7.4 Petroleum products. This sector is characterized by the presence of a public company - National Administration of Fuels, Alcohol, and Cement (Administraci6n Nacionalde Combustibles, Alcohol y Portland)- which has had a monopoly on crude Page 71 oil imports and refining since it was founded in 1931. Several private enterprises do, however, participate in commercialization through concession contracts, under which the public enterprise itself is responsible for regulation. The Government intends to lower prices for end-users by eliminating operating inefficiencies and improving the competitiveness of the enterprise sufficiently to let it play a part in the regional context. This will be done by clearly distinguishing between regulatory and business functions with the establishment of the URSEA; through a strategic partnership with an international corporation; and by liberalizing the import of petroleum derivatives and crude oil refining (Law No. 17.448 of January 4, 2002). To achieve those goals, it will be necessary to: o o o o Strengthen policy-making skills in this sector, taking into account the complementary and substitutable nature of the various energy products; Study a reform of the state-owned enterprise, in order to make it more competitive; Analyze existing legal instruments and create a regulatory framework for the sector; and Evaluate implementation of that framework with respect to streamlining the enterprise; integration of a regulatory body; product quality control; price regulation by determining the import parity price; the program for closing the gap between current prices and those that will be in affect once the market is opened up; analysis of free access to logistic facilities; and distribution regulations. 7.5 Telecommunicatinons. The National Telecommunication Administration (Administraci6n Nacional de Telecomunicaciones, A.N.TEL) is the public enterprise responsible for providing urban and national and international long distance telecommunication services. Article 6 of Decree Law No. 14.235 of July 23, 1974 granted it a monopoly in the aforementioned services, although a private company has been operating cellular phone services since 1992 and, since late 1994, A.N.TEL itself has been operating the second cellular band. This situation was modified by Article 613 of Law No. 17.296 of February 21, 2000, which stipulated that the monopoly would be maintained for basic telephony, defined as fixed, switchboard, and national telephone services and that the market for international, cellular, and all value-added telephone services would be liberalized. Although. that Article was repealed by Law No. 17.524 of August 5, 2002, the licenses granted while it was still in force remain valid. That same law (No. 17.296) established the Regulatory Unit for Communications (URSEC), as a decentralized agency reporting to the Planning and Budget Commission. Its functions are to regulate and oversee telecommunication and postal service activities. The Executive has direct responsibility for - inter alia - licensing radio stations; granting generic authorization for the allocation of frequencies by the Page 72 URSEC; and establishing the rates the licensees shall pay for the use of radio frequencies and other scarce assets. Generally speaking, this sector is characterized by a de facto partial monopoly, given that the state company controls a large part of the market, accompanied by a private firm with a license to use one cellular phone band. In addition, the forner National Directorate of Communications used to license private firms to use wireless networks for data transmission; mobile telecommunication systems via satellite for two-way transmission and reception of alphanumeric data; country-wide trunking services; and a teleport. Later on, subsequent to the period in which Law No. 17.296 was in force, 38 operators competed in international long distance telephony, services offering access to satellite facilities, services offering access to providers of subscriptionbased satellite connections to the Internet, and national and international data transmission. Technological changes and the increased competition in certain services make it necessary to: * * * Study the granting of licenses, permits, and concessions -- including numbering, the signaling plan, and the Database Administrator - in such a way that the licensees with access to scarce resources or exclusive privileges pay the best price or provide the best service, or some combination of the two; Analyze existing legal instruments and establish a regulatory framework for the sector; Evaluate implementation of that framework, which involves streamlining the enterprise; incorporating, funding, and strengthening the regulatory body; regulations governing interconnection, quality control, price, contributions to universal service, and customer service. 7.6 Postal services. Article 747 of Law No. 16.736 of January 5, 1999 established the National Postal Administration (Administraci6n Nacional de Correos), as a decentralized service with the powers and organization of the former Directorate of Mail (an executing unit of the Ministry of Education and Culture) responsible for the provision of postal services; that is, the reception, transportation or distribution and delivery of correspondence, money orders, and mail products in general. 2 The National Post Office was empowered to grant temporary permits - subject to price - to private enterprises, of which there are currently over 100. That arrangement led to confusion between the operating and regulatory functions of postal services in a public enterprise. That confusion was cleared up by the above-mentioned Law No. 17.296, which created the URSEC with specific postal service-related functions, such as establishing regulations governing the services and authorizing the outsourcing of postal services to third parties. Future tasks will be to strengthen that unit; prepare regulations governing the granting of permit and oversight of licensee activities, Law No. 5.356 of December 16, 1916 established a state monopoly over mail services, without prejudice to certain rights granted to private enterprises. 2 Page 73 together with a market study clearly indicating the best operational strategy for meeting the obligation to provide universal service and its financing. 7.7 Rail transportation. This is run by the State Railways Administration (Administraci6n de Ferrocarrilesdel Estado, A.F.E.), a government enterprise legally empowered to provide freight and passenger transportation services. As of January 1, 1988, passenger services were suspended due to the poor quality of the service, the low number of paying customers, and high subsidies, with only two short-distance routes still operating. While no intramodal competition exists, the sector faces strong compete in intermodal transportation (with transport by road). The Government has begun studying a far-reaching restructuring of the A.F.E. including opening it up to competition, as stipulated in Article 21 of the aforementioned Law No. 17.243. This review will look at models applied in other parts of the world, the particular features of the Uruguayan case, the objectives and technical considerations to be taken into account, and the assignment of the assets and functions associated with railroad infrastructure to the Ministry of Transportation and Public Works (Article 150 of Law No. 17.556). With this in mind and given the nature of rail transportation, regulation is clearly required, especially since there is free access to installations and/or differentiation by line of business, which could give rise to conflicts. It will therefore be necessary to: Study the reform of the raikoad sector, emphasizing a commercial approach and distinguishing between regulatory aspects and infrastructure maintenance; o Analyze existing legal instruments and define a regulatory framework for the sector; and o Evaluate implementation of that framework, which involves streamlining the enterprise, locating, incorporating, and funding, the regulatory body; regulations governing interconnection; quality control, price regulation, and customer service. o 7.8 Tiransporiation inTirastructure. The Government has embarked on a process of strengthening the program of reforms in the transportation sector with the aim of improving service management, cutting costs, and enhancing the efficiency of intermodal transportation. In that context, milestones so far include the concession to Corporaci6n Vial del Uruguay of 1,270 kilometers of highway and 38 bridges, and their subsequent sale via auction; the concession for operation of airport services at the Carrasco International Airport; the sale of the State's equity in the Uruguay's flagship airline; the container port concession; and authorization of private ports. L 1[The Current Situation in the Education Sector Educational reform in Uruguay has proven highly successful, with major achievements in terms of access, equity, and efficiency. Primary education became universal in the 1960s. In the mid-1990s, an effort was made to achieve universal coverage in pre-school Page 74 education and by March of this year net coverage (of children of 4 and 5 years of age) was 92 percent, making Uruguay the regional leader in those two areas. Although secondary education coverage is not universal, enrollment has increased markedly in recent years, from 166,000 students in 1995 to 230,000 in 2002. One of the most important aspects of the educational reform is that reform policies have been introduced without massive injections of funds. Estimated expenditure on education is approximately 3 percent of GDP, which is below the Latin American average (5 percent). There has been no significant increase in private sector financing, which means that the reforms were achieved through better distribution of the funds available. 1. Reforms under way Targeted programs have been stepped up in order to further reduce inequalities: * Full-time schools Keeping children at school longer helps mothers to enter the labor market. * School meals program Feeding schoolchildren has a strong impact on academic performance. * Bilingual schools program Introducing a foreign language (English and Portuguese) at an early age has a major impact on the subsequent integral development of the child, both academically and economically. 2. Courses of action Two broad courses of action are being pursued: * Protection of certain programs, in terms of budget share and schedule. Thus, priority areas for protection in the education budget are: a) The Program providing educational books for primary school children in the amount of US$800,000 for 2003 and US$300,000 for 2004; b) The Bilingual Education Program in Full-time Schools in the amount of US$250,000 in 2003 and US$400,000 in 2004; c) Safety and environment in education centers, ensuring appropriate levels of safety, cleanliness, and sanitation, with supplies costing approximately US$900,000 for 2003 and 2004. * Development of a Plan to Improve ANEP Management, as set forth in the document entitled "Plan de Acci6n para Mejorar la Gesti6n en el Sector Educativo Uruguayo" (Action Plan to Improve Management in the Uruguayan Education Sector). This document points to three priority areas: a) Functional and administrative organization of the ANEP b) Human Resources Management Page 75 c) Integrated Financial and Accounting Management System In general, the activities envisage strengthening information systems through a System for Monitoring Files and a Legal Database; streamlining administrative procedures by creating guidelines for processes and functions, particularly in human resources; implementing an Integrated Management and Accounting System; and, finally, introducing stricter internal control and monitoring mechanisms - by installing an Internal Audit unit - to detect the principal sources of inefficiencies. RPV. The Current Situation in the Hl[ealth Sector The organizational structure of the health system in Uruguay is based on a complex and fragmented set of regulations and financing mechanisms, involving a series of private institutions and several government agencies. In simplified terms, the population has access to two health care subsystems; the public and the private. Total expenditure on health in Uruguay represents a little over 10 percent of GDP. According to the World Health Organization (Report for 2000), Uruguay is in fourth place in the world in terms of expenditure on health as a percentage of GDP, but it ranks 65 in terms of overall performance. The private subsystem covers approximately 52 percent of the population and comprises the Collective Medical Care Institutions (Instituciones de Asistencia Me'dica Colectiva, IAMC): private not-for-profit entities that insure and provide pre-paid medical care for formal sector workers. The public health subsystem operates through the State Health Services Administration (Administraci6n de Servicios de Salud del Estado, ASSE) of the Ministry of Public Health (Ministerio de Salud Publico, MSP), which has a network of hospitals and health posts providing medical care to approximately 45 percent of the population, mainly informal sector workers and low-income individuals without social security coverage. In addition, health care is provided by the military and police health units and the Hospitalde Clinicas. Complementing that structure, the National Resources Fund is a nongovernmental public institution responsible for financing treatment of high-cost and low-incidence diseases for the whole of the Uruguayan population. It is administered jointly by the MSP, the Ministry of the Economy and Finance (MEF), and representatives of the private sector. 1. Sector objectives The Government's objectives for the health sector are geared to implementing a system that will ensure universal access, integral care, high quality services, and equitable financing for the whole population, within the limits of the country's resources. Accordingly, the MSP is striving to overcome inequalities in the sector by promoting greater efficiency in both the public and the private subsystems, thereby ensuring sustainable effective protection of citizens' rights. Page 76 2. Courses of action a) Strengthening the role of the public subsector in setting guidelines Through the Directorate General of Health (Direcci6n General de la Salud, DIGESA), the MSP has devoted much effort to improving and strengthening the regulatory framework for the health sector, aiming to guarantee the same rules for all health institutions in order to ensure high quality care. These attempts to improve the rules have focused on three key aspects: the oversight functions of the Ministry, the terms governing authorization of private health providers, and the establishment of users' rights. To take these areas further, one proposal is to design and develop a superintendency responsible for aspects related to both public and private health care and an agency specializing in overseeing and ensuring quality in the areas of food, medicine, and medical supplies. b) Strengthening the private health subsystem The expected outcome of promoting a more efficient management model in the private subsector is enhanced financial stability for the IAMC and guarantees that it will continue providing low-cost care for its users. To that end, agreements are being reached with the MSP, the OPP, and the MEF on implementing restructuring plans, including economic and financial, medical, and organizational aspects of the IAMC, that are designed to make them viable and stable over the long term. The National Government also plans to shift from a system of administered prices to a more flexible price-fixing system, while maintaining government surveillance to ensure that no unwarranted price increases occur. In addition, without prejudice to maintenance of the private health sector, it will examine the possibilities of working toward a common policy on payments for supplies and medicines that might yield savings for the health sector as a whole. c) Redirecting the health care model toward primary health care For a new, more preventive and integral health care model to materialize, the current model based on welfare and hospital-based treatment needs to be redirected toward continuous, integral, and easily accessible health care, with adequate health surveillance aimed at reducing and controlling the risk of falling ill and encouraging health life styles. To achieve these goals, the Government proposes setting up Primary Health Care Development Offices (Desarrollo de la Atenci6n Primaria de Salud, DAPS) in each departmental center, to work in coordination with the DIGESSA and ASSE, with the participation of the community, departmental governments, and organizations and institutions representing different social groups. d) Increasing public hospital efficiency The Government is pursuing several strategies to enhance the efficiency and response capability of public hospitals. These include signed management commitments, the Page 77 introduction of new computerized information tools to register beneficiaries, and the exploring of innovative arrangements for the provision of hospital support services. A key strategy is to identify users. The Government will go beyond the Negative User Identification Program (Programa de Identificaci6n Negativa de Usuarios, RUCAF), which is currently applied in all ASSE medical care units and start positive identification procedures. This will further increase the chances of accurately targeting persons not covered by health insurance in the ASSE network; regulating the provision of services to individuals who are insured or are in a position to pay; refining budget allocation mechanisms in the public health network; and achieving greater precision in developing health promotion and disease prevention plans. Payments for medicines and doctor visits will henceforth be issued on the basis of regulation, but not collection-oriented, criteria. e) Consolidafing tne restructuring of tne NatAonal Nacionalde Recursos, FNR) Resources IFund (Fondo Finally, as part of its effort to achieve greater efficiency in the health sector, maintaining or improving the services provided, the Government envisages taking the restructuring of the FNR a step further. Already tariffs have been reduced by 13 percent and tighter control and service audit mechanisms have been put in place. The national authorities trust that these and other measures will contribute to a stable financial position in the FNR in the first half of 2003. Sincerely, Office of the President of the Republic Planning and Budget Office Cr. Ariel Davrieux Page 78 Presidenciade la Republica Orientaldel Uruguay Oficina de Planeamientoy Presupuesto n Nota N° 0241A103 KJ Montevideo, 7 de Marzo de 2003. Sentor James D. Wolfensohn. Presidente The World Bank Group. Washington D.C. De mi consideraci6n: I. Estrategia del Pais. A.- Ratificando lo ya expuesto por carta de fecha 9 de marzo de 2001, el Gobierno de la Republica Oriental del Uruguay esta abocado a la promoci6n de una reforma del sector publico comercial e industrial en el marco general de la estrategia de desarrollo del pais dentro de la que cabe distinguir tres politicas claramente definidas: El restablecimiento de la estabilidad mediante el equilibrio de las cuentas fiscales y una administraci6n ordenada de la politica monetaria; * La promoci6n de una mayor disciplina del mercado, reduciendo el arancel externo, eliminando restricciones a la inversi6n privada y los monopolios legales publicos, asi como disminuyendo los controles burocraticos; y * Una profunda reforma del Estado abocada a reducir su incidencia econ6mica, priorizar el cumplimiento de sus cometidos sustantivos y aquellos considerados de importancia social y tendientes a la estructuraci6n del servicio publico desde la perspectiva del usuario y asumir un papel regulador y promotor de la empresa privada. * B.- Paralelamente y en lo que tiene que ver con las areas sociales, el Gobierno esta abocado a un proceso tendiente a mejorar la eficiencia del gasto puiblico en los sectores de salud y educaci6n, manteniendo y mejorando los servicios en ambos sectores. En el contexto de esta estrategia las politicas definidas por el Gobiemo para estos sectores se centran en los siguientes puntos: Sector Educac!6n: o o o Fortalecimiento de los sistemas de informaci6n Racionalizaci6n de los procesos administrativos Implementaci6n de mecanismos de control interno y monitoreo SectoFr &Wud: o Garantizar el acceso universal a una atenci6n integral o Mejora en la calidad de los servicios o 00.- Equidad en el financiamiento de los servicios Wumd6n WdAcd5D an M Am wDustEif dieD Izudo. d h mcU d comemM a En el Uruguay los operadores publicos han cumplido un doble papel prestando los servicios y ejerciendo la regulaci6n del sector. Esta doble funci6n ha llevado a ineficiencias en cuanto las empresas publicas se uauto - regulan" generando escasos incentivos para que la regulaci6n efectivamente proteja los intereses de los consumidores; o bien el interes por la regulaci6n ha rebajado a un segundo piano el objetivo del cumplimiento de las metas comerciales. La aparici6n de la competencia, a nivel del mercado global, linea de productos o regional, acent6a los conflictos de intereses. La oposici6n entre una justa regulacion y la defensa de los intereses de la empresa dominante asi como la discriminaci6n entre actividades rentables y las que no lo son, afecta la participaci6n de nuevas empresas, inseguras de que la funci6n reguladora pueda ser ejercida a favor del operador publico. I. DOncDo deD Proesso. En tal contexto, y para las actividades comerciales, industriales y de servicios, el Uruguay ha iniciado un proceso de desmonopolizaci6n y fomento de la participaci6n del sector privado en areas basicas como el agua potable y saneamiento, el gas, la energia electrica, las telecomunicaciones, los servicios postales, los seguros, el transporte ferroviario y los hidrocarburos. De igual manera, se ha continuado en el proceso de fortalecimiento de la presencia de operadores privados en el area de la infraestructura portuaria - playa de contenedores en el puerto Presideniciade la Repulblica Orienttal del Uruguay Oficina de Planea,lientoy Presupuesto de Montevideo y puertos privados en el litoral - y en la vial a traves de la concesi6n de 1.270 kil6metros de carreteras y 38 puentes y su posterior subasta (articulos 280 a 330 de la Ley N0 17.555 de 18 de setiembre de 2002) y se esta en condiciones legales de concesionar la operaci6n integral del Aeropuerto Internacional de Carrasco declarado puerto libre (articulos 210, 220 y 230 de la Ley No 17.555) asi como vender la participaci6n accionaria del Estado en la empresa de aeronavegaci6n de bandera uruguaya (articulo 1520 de la Ley No 17.556 de 18 de setiembre de 2002). 2. Medios. Para obtener los maximos beneficios de dicho proceso, el Gobierno se ha propuesto: 2.1.Fomentar la competencia, ya "en el mercado" - en aquellos casos en que sea posible - como upor el mercado" a traves del regimen de la concesi6n asi como de la comparaci6n de rendimientos. Ello podra Ilevarse a cabo a traves de una legislaci6n general para las Concesiones - actualmente a estudio - y de la reestructuraci6n de las empresas y concertacion de acuerdos programaticos de amplia difusi6n publica. 2.2.1ntroducir la disciplina competitiva mediante: * * * * Normas que aseguren la defensa de la competencia y el libre acceso al mercado asi como la prohibici6n de acuerdos o practicas concertadas que permitan el abuso de posiciones dominantes; Igualaci6n gradual del tratamiento impositivo entre operadores publicos y privados; Separaci6n de las responsabilidades operativas, de regulaci6n y de decisi6n de politicas; y Auditorias de gesti6n. 2.3. Regular los servicios publicos de forma de proteger a los consumidores de posibles abusos; asegurar la viabilidad financiera de los operadores y promover la eficiencia econ6mica. 3. Marcos Regulatorios. La elaboraci6n de normas asi como la presencia de instituciones que regulen la prestaci6n de los servicios publicos constituye un desaflo para el Estado uruguayo. Los marcos regulatorios deben establecer un equilibrio entre la rigidez y la flexibilidad; proporcionar garantias a los nuevos oferentes, y a la vez, equilibrar los intereses de los clientes, operadores y el Estado - como representante de la sociedad toda - de forma que sean sostenibles en el tiempo. A la fecha el Estado cuenta con Marco Regulatorio aprobado para el subsector de energia electrica (Ley N0 16.832 de 17 de junio de 1997) y se encuentra en proceso de estudio y definici6n de borradores para los sectores de hidrocarburos; telecomunicaciones; postales y agua potable y saneamiento habiendo sido elevado al Parlamento el correspondiente al gas destinado a ser distribuido por red. 4. Unidades ReguDatoifr. A las consideraciones de derechos de exclusividad; obligaciones de servicio, calidad e inversi6n; regulaci6n de los precios; peajes por acceso a infraestructura y sanciones por incumplimiento; se suma la necesidad de asegurar el cumplimiento efectivo de dichas normas. Dicho cumplimiento s6lo puede asegurarse a traves de instituciones reguladoras que dicten y hagan cumplir dichas normas. Es asi que la Ley No 17.296 - Ley de Presupuesto Nacional para el actual periodo de gobierno - aprobada el 21 de febrero de 2001, en sus articulos 700 a 970 cre6 la Unidad Reguladora de los Servicios de Comunicaciones (URSEC) como 6rgano desconcentrado en el ambito de la Comisi6n de Planeamiento y Presupuesto, y el articulo 98 dispuso otorgar a la Unidad Reguladora de la Energia ElIctrica de los mismos recursos y potestad sancionatoria que la anterior. Con posterioridad, el Gobierno aprob6 - Ley No 17.598 de 13 de diciembre de 2002 - la Unidad Reguladora de los Servicios de Energia y Agua: URSEA - que comprende los hidrocarburos y restantes servicios de red incluida la energia electrica disponiendo la transferencia de los cometidos de control de las actuales personas publicas estatales que actualmente las ejercen. De igual manera el traspaso de la infraestructura ferroviaria al Ministerio de Transporte y Obras Publicas dispuesto en el articulo 150° de la Ley No 17.556 - asi como la decisi6n de liberar el uso de la misma a cualquier operador - dispuesto en el articulo 210 de la Ley N0 17.243 de 29 de junio de 2000 - plantea la necesidad de analizar una profunda reforma del modo ferroviario y la constituci6n de una unidad reguladora fortalecedora de la competencia y garante de reglas de juego de aplicaci6n generica. Las mismas cumpliran con tres atributos basicos: Presideniciade la Reptiblica Oriettaldel Uruguay Oficina de Plaiteamlientoy Presupuesto * . . * 5. Estrategia de Reforma. El establecimiento de las reformas - en el sentido expuesto - requerira estrategias que deberan tener en cuenta las caracteristicas y condiciones de cada uno de los sectores de los servicios publicos. Dichas estrategias contaran con los siguientes elementos comunes: . * * * * * 6. Mantener la independencia de a las empresas reguladas y la autonomia tecnica respecto de las politicas sectoriales; Poseer una elevado nivel tecnico con protecci6n de los intereses particulares; Ser transparente y abierta en su gesti6n mediante la publicaci6n de sus decisiones, audiencias publicas y otros medios alternativos; Contar con independencia financiera en cuanto al origen de los recursos. La diferenciaci6n de las responsabilidades politicas, operativas y de regulaci6n; La eliminaci6n de las barreras legales al ingreso; El fomento de la competencia; El establecimiento gradual de la igualdad en las reglas de actuaci6n entre empresas publicas y privadas; El diseno de estructuras tarifarias eficientes; y La activa participaci6n del sector privado en las areas de infraestructura. Marco Institucional. La estrategia anterior exige la realizaci6n de una serie de analisis a nivel sectorial, comandados por una " unidad " que coordine los estudios de reforma institucional y de regulaci6n en estrecha coordinaci6n con los definidores de las politicas sectoriales y con aquellas unidades reguladoras que se pongan en funcionamiento en esta primera etapa y que lidere un proceso de capacitaci6n en materia de regulaci6n en el Uruguay. Esta unidad sera responsable de la preparaci6n de estudios intersectoriales de reforma; de administrar el programa de formaci6n; de difundir los logros de la reforma y de proporcionar la genesis de ambas agencias reguladoras multisectoriales. En tal sentido, la Oficina de Planeamiento y Presupuesto, oficina dependiente directamente de la Presidencia de la Republica, cuenta con las potestades para ello en cuanto el Decreto N 091/97 de 19 de marzo de 1997 agreg6 a sus objetivos estrategicos, la revisi6n de los instrumentos y mecanismos de regulaci6n. A los cometidos legalmente establecidos, debe aniadirse la experiencia suficiente por cuanto con fecha 14 de agosto de 1997, el Gobierno fue beneficiario de una donaci6n japonesa (Trust Fund N 0027.092) administrada a traves del Banco Mundial, a efectos de iniciar los estudios de reforma del sector agua potable y saneamiento a llevar a cabo por la Oficina de Planeamiento y Presupuesto. En el marco de dicha donaci6n, se han completado los estudios de un marco regulatorio; un modelo financiero para la concesi6n de agua y alcantarillado del Departamento de Maldonado; un modelo financiero global de estudio de concesiones; un modelo de indicadores de gesti6n y la contabilidad regulatoria para el sector agua potable y saneamiento. De igual manera con fecha 22 de agosto de 2001 - y como corolario de la donaci6n explicitada en el pirrafo anterior - se acord6 con el Banco Mundial el prestamo de asistencia tecnica No 4598- UR, el cual tiene como objetivos basicos los expuestos en el numeral 7. A la fecha se han completado: o En el area de las telecomunicaciones, los estudios del regimen de licencias; reglamento de interconexi6n; reglamento de uso del espectro radioelectrico y documento de politica para el sector; o En medio ambiente se cuenta con una compilaci6n de los instrumentos legales y contractuales; una Base de Datos comprehensiva de la totalidad de las normas ambientales; un estudio identificatorio de las areas de responsabilidad y gesti6n ambiental en los distintos organismos publicos; un analisis legal comparado con los restantes paises miembros del Mercosur y un modelo de clausulas a incorporar en los contratos de concesi6n que especifican las responsabilidades del concesionario de acuerdo con la legislaci6n ambiental nacional y pasivos ambientales existentes; o En el sector de energia electrica, se ha procedido a los Ilamados a consultoria en Contabilidad Regulatoria y An6lisis de Eficiencia por Comparaci6n estando en elaboraci6n el segundo informe sobre la revisi6n del Valor Agregado Estandar de Distribuci6n; o Finalmente, y a fin de integrar un analisis global de los impactos fiscales, sociales y macroecon6micos de las reformas propuestas, Presidentciade la Republica Orientaldel Uruguay Oficina de Planeamlientoy Presupuesto se esta en la etapa de analisis de ofertas - la presentaci6n se realiz6 el 11 de noviembre de 2002 - para la elaboraci6n de un Modelo de Equilibrio General Computado que permitira integrar y brindar un marco de consistencia al analisis de los mismos. En tal contexto, y como es de su conocimiento, el Gobierno esta preparando en conjunto, un Proyecto de Ajuste Sectorial relacionado con la regulaci6n, la competencia y la competitividad en los sectores de servicios publicos e infraestructura el que incluira los siguientes aspectos: a. b. c. d. e. f. g. h. La organizaci6n institucional y legal de los sectores comerciales e industriales de servicios publicos; La creaci6n, fortalecimiento y consolidaci6n de los marcos regulatorios referentes a cada uno de los sectores; La gobernabilidad corporativa de los operadores publicos; El fortalecimiento de la competencia en los distintos sectores y al interior de los operadores; La revisi6n y fortalecimiento de las politicas sociales en cuanto a la prestaci6n de servicios publicos a personas de bajos ingresos; El desarrollo de herramientas de comparaci6n de desempefio entre operadores; Una campatia de informaci6n y difusi6n a la opini6n publica y, en particular a los clientes de las empresas, de las metas, compromisos y resultados de cada operador; y finalmente El fortalecimiento de la competencia al interior de los sectores de infraestructura y la optimizaci6n de los programas de inversi6n, operaci6n y mantenimiento. 7. Casos Particulares. Breve Resefna. 7.1 Agua Potable y Saneamiento. El sector comprende al conjunto de Instituciones publicas y privadas y recursos existentes en el pais relacionados con el suministro de agua potable, incluyendo la captaci6n, tratamiento, almacenamiento y distribuci6n de agua,. asi como los servicios de alcantarillado sanitario, depuraci6n de efluentes y disposici6n de excretas, tanto en areas urbanas y urbano marginales como rurales. Existe una multiplicidad de actores involucrados en el sector, entre los que cabe distinguir cinco operadores y diversos organismos publicos, a saber: • La Administraci6n de Obras Sanitarias del Estado (O.S.E.), servicio descentralizado que presta servicios de agua potable en todo el pais (Montevideo y 324 localidades en el Interior) y de saneamiento en el interior (42 localidades). La legislaci6n actual le posibilita, con la previa aprobaci6n del Poder Ejecutivo, otorgar servicios en concesi6n (articulo 750 de la Ley 16.736 de 5 de febrero de 1996). La empresa ya otorg6 dos concesiones en el departamento de Maldonado estando en estudio otras adicionales. o La Intendencia Municipal de Montevideo que presta los servicios de saneamiento en Montevideo con una cobertura del 80%; o Las Intendencias Municipales del Interior con competencia en la disposici6n de excretas individuales; o Aguas de la Costa, empresa concesionaria de O.S.E., prestadora de servicios de agua potable y saneamiento al este del arroyo Maldonado; o Uragua, empresa concesionaria de O.S.E., prestadora de servicios de agua potable y alcantarillado en la mayor parte de los centros poblados del Departamento de Maldonado; y o Pequenas empresas privadas que prestan servicios en localidades balnearias actividad que se lleva a cabo ajena a toda regulaci6n estatal. Adicionalmente a los operadores, participan el Ministerio de Vivienda, Ordenamiento Territonal y Medio Ambiente a trav6s de la Direcci6n de Medio Ambiente (DI.NA.MA) la que ejerce la competencia en el control de la calidad de las aguas y vertimientos y como ministerio de enlace de la O.S.E.; el Ministerio de Transporte y Obras Publicas a trav6s de la Direcci6n Nacional de Hidrografia (D.N.H.) la que ejerce la administraci6n del uso de las aguas en tanto recurso hidrico; el Ministerio de Salud Publica y Ia Oficina de Planeamiento y Presupuesto. Los problemas basicos del sector se resumen en: o Multiplicidad de organismos con funciones superpuestas; o Identificaci6n en la empresa operadora e Intendencia Municipal de Montevideo de las funciones de politica, regulatorias y operativas; o Escasez de enfoque empresarial en la gesti6n. Presideniciade la Repulblica Orientaldel Uruguay Oficina de Planeamiiiento y Presupuesto A efectos de subsanar los mismos, el Gobierno se encuentra abocado al diseno de un Marco Regulatorio del Sector (complementario de ia creaci6n de la URSEA , unidad reguladora con jurisdicci6n sobre la totalidad de los operadores sean estos publicos o privados ); a la implementaci6n de la contabilidad regulatoria ya elaborada; a la publicaci6n peri6dica de indicadores de desempeno y al incremento de ia cobertura del servicio de saneamiento en el interior del pais a traves de la percepci6n por parte de OSE de un canon a pagar por el sector privado por su participaci6n en un contrato de riesgo con el objeto de reducir el agua no contabilizada en la Regi6n Metropolitana. 7.2. Energia El6ctrica. Con anterioridad a la redefinici6n del sector, el mismo se conformaba en el ambito empresario por una empresa integrada verticalmente, la Administraci6n de Usinas Electricas del Estado (U.T.E.) prestadora de la generaci6n, trasmisi6n y distribuci6n y de la Comisi6n Tecnica Mixta de Salto Grande, ente energetico binacional de propiedad conjunta de la Republica Argentina y del Uruguay; y en el ambito administrativo por el Ministerio de Industria, Energia y Mineria y la Oficina de Planeamiento y Presupuesto. La Ley N° 16.832 de 17 de junio de 1997 y su Decreto Reglamentario del 26 de enero de 1999, establecieron un nuevo marco normativo para el sector electrico. El mismo diferenci6 las actividades decisorias de politica, de las regulatorias y las operativas a traves de la institucionalizacion de la Unidad Regulatoria de la Energia Elbctrica (UREE)1; de la Administradora del Mercado El6ctrico (ADME) - persona publica no estatal a cargo de ia administraci6n del mercado mayorista de energia electrica -; y del Mercado Mayorista de Energia Electrica (MMEE), mercado competitivo para generadores y consumidores y con uso compartido de, y acceso libre a, la capacidad de las redes de trasmisi6n y distribuci6n no comprometida por contratos. I Sus cometidos especificos son: I. Controlar el cumplimiento de la Ley y su reglamentaci6n; 2. Dictar reglamentos en materia de seguridad y calidad; 3. Dictar normas y procedimientos tdcnicos de medici6n y facturaci6n; y 4. Asesorar al Poder Ejecutivo en materia de otorgamiento de concesiones, autorizaciones y permisos y en la fijaci6n de tarifas de venta de energia a terceros por parte de los suministradores del servicio puiblico de electricidad. La nueva normativa signific6 un avance en la redefinici6n del papel regulador del Estado, pero dej6 abierta la implementaci6n de la reforma, entre cuyos aspectos cabe resaltar: Especificaci6n de las actividades que U.T.E. debera transferir a otras dependencias estatales; o Diseno general de la implementaci6n de la UREE (hoy URSEA) y de la ADME; y o Elaboraci6n de los reglamentos operativos y normas de coordinaci6n tecnica y comercial; reglamentos de acceso, uso y expansi6n y calidad de servicio de transporte domestico y de interconexi6n internacional; y reglamentos de distribuci6n. o A la fecha se han aprobado los Reglamentos General del Marco Regulatorio del Sector Electrico (Decreto N0 276/02 de 28 de junio de 2002), Distribuci6n de Energia Electrica (Decreto No 277/02 de 28 de junio de 2002), Trasmisi6n de Energia Electrica (Decreto N° 278/02 de 28 de junio de 2002) y Mercado Mayorista (decreto N° 360/02 de 11 de setiembre de 2002). Las tareas pendientes incluyen la revisi6n al afo del funcionamiento del mercado; el establecimiento de la Administradora del Mercado El6ctrico (ADME); la elaboraci6n e implementaci6n de la contabilidad regulatoria; la determinaci6n del valor agregado est6ndar de distribucion y su simulacion de las tarifas finales y el establecimiento del Sistema de Calidad de Servicio. 7.3. Gas. El sector se conforma con cuatro situaciones diferenciadas: a. El gasoducto Buenos Aires - Montevideo (en etapa de construcci6n) proyecto a ejecutar por el consorcio Gasoducto Cruz del Sur; b. el Gasoducto del Litoral construido y operado desde 1999 por la Administraci6n Nacional de Combustibles, Alcohol y Portland; c. La distribuci6n de gas por red en Montevideo llevada a cabo a partir de 1995 por la empresa privada GASEBA S.A; y d. La distribuci6n de gas en el Interior de la Republica a ser operada por el consorcio Conecta SA. Desde el punto de vista normativo, existen varios decretos del Poder Ejecutivo que constituyen junto a los contratos de concesi6n, el actual marco regulatorio del sector. Cabe destacar el Decreto N 0324/97 de 3 de setiembre de 1997, que reglament6 el servicio nacional de importaci6n, transporte, almacenamiento y distribuci6n de gas natural, incluida la construcci6n y explotaci6n de gasoductos, redes de distribuci6n y almacenamniento naturales subterr6neos. Presidenciade la Repulblica Orientaldel Uruguay Oficina de Planteamientoy Presupuesto El mismo estableci6 como principios rectores: * * * . . Asegurar la mas amplia competencia en el mercado y alentar de inversiones para el suministro de largo plazo; Garantizar la mejor operaci6n, confiabilidad, igualdad, libre acceso, no discriminaci6n y uso generalizado de los servicios e instalaciones de transporte y distribuci6n de gas natural; Regular las actividades de transporte y distribuci6n de gas natural asegurando tarifas justas y adecuadas a la politica energetica nacional; Incentivar la eficiencia en el transporte, la distribuci6n y el uso racional del gas natural, velando por la adecuada protecci6n del medio ambiente; Propender a que el precio de suministro de gas natural sea equivalente al que rige intemacionalmente, en paises en condiciones similares. La nueva normativa y la aprobacion de la URSEA, ha dejado abierta la implementaci6n de la reforma, entre cuyos aspectos cabe resaltar: * * * 7.4. Diferenciaci6n de las actividades de regulaci6n de aquellas correspondientes a la definici6n de las politicas sectoriales; Diagn6stico del sector en las actividades relacionadas con el transporte y distribuci6n de gas; Definici6n de los reglamentos operativos y normas de coordinaci6n tecnica y comercial; reglamentos de acceso, uso y expansi6n y calidad de servicio de transporte; y reglamentos de distribuci6n. Hidrocarburos derivados del Petr6leo. El sector se caracteriza por la presencia de una empresa estatal - la Administraci6n Nacional de Combustibles, Alcohol y Portland - monop6lica desde su creacion en 1931 en las etapas de importaci6n y refinaci6n de crudo. En la etapa de comiercializaci6n participan empresas privadas a traves de contratos de concesi6n donde la regulacion es ejercida por la propia empresa puiblica. Es intenci6n del Gobierno reducir las tarifas al consumidor final disminuyendo las ineficiencias operativas, mejorando la competitividad de la empresa de forma de insertarla en el contexto regional a traves de una clara diferenciacion de los roles de regulaci6n de los empresariales a trav6s de la creaci6n de la URSEA; de su asociaci6n estrategica con una empresa de nivel internacional y liberalizando la importacicn de derivados y la refinaci6n de crudo ( Ley No 17.448 de 4 de enero de 2002). Teniendo en cuenta lo expuesto, es que se entiende necesario: o Fortalecer la capacidad de formulaci6n de las politicas sectoriales habida cuenta de la complementariedad y sustituibilidad de los distintos productos energeticos; o Estudiar la reforma de la empresa estatal de manera de mejorar su competitividad; o Analizar los antecedentes legales existentes y definir un marco regulatorio para el sector; o Evaluar el proceso de implementaci6n de dicho marco incluyendo la adecuaci6n de la empresa; integraci6n del organismo regulador; control de la calidad de los productos; regulaci6n de los precios mediante la definici6n del precio de paridad de importaci6n; definici6n de la trayectoria de cierre de la brecha existente entre los precios actuales y los a regir con la apertura del mercado; analisis del libre acceso a la logistica y reglamentos de distribuci6n. 7.5. TWecomunicaclones. La Administraci6n Nacional de Telecomunicaciones (A.N.TEL) es la empresa publica encargada de la prestaci6n de los servicios de telecomunicaciones urbanas y de larga distancia nacionales e internacionales. El articulo 6° del Decreto Ley N°14.235 de 23 de julio de 1974 le otorg6 el monopolio de los servicios cuya prestaci6n se le asigna por la referida norma aunque desde 1992 opera una empresa privada en los servicios de telefonia celular y desde fines de 1994, la propia A.N.TEL opera la segunda banda celular. Dicha situaci6n fue modificada por la Ley No 17.296 de 21 de febrero de 2000 que dispuso en su articulo 613 mantener exclusivamente el monopolio en la telefonia basica definida como aquellos servicios telef6nicos que reunen las caracteristicas de fija, conmutada y referida al trafico nacional, liberalizando la telefonia internacional, la celular y la totalidad de los servicios de valor agregado. Si bien dicho articulo fue derogado por la Ley No 17.524 del 5 de agosto de 2002, las licencias concedidas durante el perlodo de vigencia de la anterior contin6an vigentes. Presidenciade la Repu7blica Orientaldel Uruguay Oficiua de Planeamientoy Presupuesto La misma Ley N° 17.296 dispuso la creaci6n de la Unidad Reguladora de las Comunicaciones (URSEC) en tanto 6rgano desconcentrado en el ambito de la Comisi6n de Planeamiento y Presupuesto con las funciones de regulaci6n y control de las actividades referidas a las telecomunicaciones y servicios postales. Es competencia directa del Poder Ejecutivo - entre otros - autorizar el funcionamiento de las estaciones de radiodifusi6n; autorizar genericamente la asignaci6n de frecuencias por parte de la URSEC y fijar los precios que deberan abonar los concesionarios por la utilizacion de frecuencias radioelectricas y demas bienes escasos. En general, el sector se caracteriza por la presencia de un monopolio parcial de hecho de propiedad estatal que controla gran parte del mercado acomparlado de una empresa privada concesionaria de una banda de telefonfa celular. A tal situaci6n se le agrega, en el pasado, la concesi6n a privados por parte de la ex-Direcci6n Nacional de Comunicaciones, de redes inalambricas para la trasmisi6n de datos (LMDS), sistemas de telecomunicaciones m6viles por satelite para la trasmisi6n y recepci6n de datos alfanumericos en forma bidireccional; sistemas de radioenlaces troncalizados con caracter nacional y un telepuerto y con posterioridad a la vigencia de la Ley N° 17.296, la competencia de 38 operadores en las areas de larga distancia internacional, servicio de acceso a facilidades satelitales, servicio de acceso a sistemas proveedores de conexi6n via satelite por suscripci6n a la red internet y servicio de trasmisi6n de datos nacional e internacional. Los cambios tecnol6gicos y la apertura a la competencia en determinados servicios implican la necesidad de: * . * Estudiar el otorgamiento de licencias, permisos y concesiones - incluyendo la numeraci6n, plan de senalizaci6n y Administrador de Base de Datos - de forma que, en la medida que involucren recursos escasos o privilegios de exclusividad, aseguren que los beneficiarios hayan pagado el mayor precio, ofrecido el mejor servicio o una combinaci6n de ambos; Analizar los antecedentes legales existentes y definir un marco regulatorio para el sector; Evaluar el proceso de implementaci6n de dicho marco incluyendo la adecuaci6n de la empresa; integraci6n, financiaci6n y fortalecimiento del organismo regulador; reglamentos de interconexi6n, calidad del servicio, regulaci6n de los precios, contribuci6n al servicio universal y atenci6n al cliente. 7.6 Servacios Posallea. La Ley N° 16.736 de 5 de enero de 1996 en su articulo 747, dispuso la creaci6n de la Administraci6n Nacional de Correos como servicio descentralizado con la competencia y organizacion de la ex Direcci6n de Correos (unidad ejecutora del Ministerio de Educaci6n y Cultura) con el cometido de la prestaci6n de los servicios postales; esto es, la admisi6n, transporte o distribuci6n y entrega de envios de correspondencia, giros postales y productos postales en general. 2 La empresa estaba facultada para autorizar permisos precarios sujetos a un precio - a empresas privadas, los que en la actualidad son mas de 100. Lo expuesto llevaba a una confusi6n entre las funciones operativas y regulatorias de los servicios postales en una empresa puiblica. Dicha confusi6n fue clarificada con lo dispuesto en la ya citada Ley No 17.296 al crear la URSEC con cometidos especificos en matena de servicios postales tales como establecer normas regulatorias de los servicios y autorizar la prestaci6n de servicios postales a terceros. Las tareas a cumplir en el futuro consistiran en el fortalecimiento de dicha Unidad; la elaboraci6n de los reglamentos relativos al otorgamiento de los permisos y control de la actividad de los permisarios asi como un estudio de mercado que identifique claramente la mejor operativa para el cumplimiento de la prestaci6n de la obligaci6n de servicio universal asi como su financiamiento. 7.7. Transports Feorrov&ilo. El mismo se cumple por la Administraci6n de Ferrocarriles del Estado (A.F.E.), empresa publica facultada legalmente para la prestaci6n de los servicios de transporte de carga y pasajeros. A partir del 10 de enero de 1988, los servicios de pasajeros se suspendieron - dados la baja calidad del servicio, escaso numero de clientes pagos y altos subsidios -, manteniendose en la actualidad dos lineas de corta distancia. Si bien no existe competencia intramodal, experimenta una fuerte competencia intermodal (transporte por carretera). 2 La Ley No 5.356 de 16 de diciembre de 1916 estableci6 el monopolio del servicio del correo a favor del Estado sin perjuicio de los derechos concedidos a empresas privadas. Presidenciade la RepWiblica Oreittal del Uruguay Oficina de Planeamnientoy Presupuesto El Gobierno esta iniciando el analisis de una profunda reestructuraci6n de A.F.E. - incluida la apertura a la competencia ya dispuesta por el articulo 21 de la Ley N° 17.243 citada - habida cuenta de los modelos aplicados en otras partes del mundo, las caracteristicas de modo uruguayo, los objetivos y consideraciones tecnicas a cumplir y la asignaci6n de los bienes y cometidos de la infraestructura ferroviaria al Ministerio de Transporte y Obras Publicas (articulo 1500 de la Ley No 17.556). Teniendo en cuenta lo expuesto y las caracteristicas propias del modo ferroviario, se hace necesaria la regulaci6n toda vez que se permite el libre acceso a las instalaciones y/o se diferencia por linea de negocio y aparece la posibilidad de conflictos. En tal contexto se entiende necesario: * . . 7.8. Estudiar la reforma de la empresa ferroviaria de manera de acentuar el enfoque comercial y distinguir los aspectos regulatorios y de mantenimiento de la infraestructura; Analizar los antecedentes legales existentes y definir un marco regulatorio para el sector; Evaluar el proceso de implementaci6n de dicho marco incluyendo la adecuaci6n de la empresa; ubicaci6n, integraci6n y financiaci6n- del organismo regulador; reglamentos de interconexi6n, calidad del servicio, regulacion de los precios, y atenci6n al cliente. lnfraestructura de Transporte. El Gobierno se encuentra en un proceso de fortalecimiento del programa de reformas del sector transporte con el objetivo de mejorar la gesti6n de los servicios, reducir costos y mejorar la eficiencia del transporte intermodal. En tal contexto, la concesi6n a la Corporaci6n Vial del Uruguay de 1.270 kil6metros de carretera y 38 puentes y su posterior venta en subasta; la concesi6n de la operaci6n integral del Aeropuerto Intemacional de Carrasco; la venta de la participaci6n accionaria del Estado en la empresa de aeronavegaci6n de bandera uruguaya, la concesi6n de una playa de contenedores y la operaci6n de puertos privados son hitos importantes en dicho proceso. La reforma educativa en el Uruguay ha sido muy exitosa, alcanzando importantes resultados en tdrminos de acceso, equidad y eficiencia. La enselanza primaria se ha caracterizado por haber logrado la universalizaci6n en los anios sesenta. Hacia mrdiados de los noventa se impuls6 la universalizaci6n de la enseflanza pre-escolar, alcanzando a marzo del presente aflo una cobertura neta del 92 % (nifios de 4 y 5 alios), lo cual convierte al pals en el primero de la regi6n en alcanzar estos niveles. Si bien el nivel Secundario no se ha universalizado, ha tenido un notable crecimiento en los iltimos affos, pasando de 166.000 estudiantes en el aflo 1995 a 230.000 en el afo 2002. Uno de los aspectos mcs importantes de la reforma educativa es que las politicas se han incorporado sin inyecciones masivas de recursos. El gasto estimado en el sector es aproximadamente del 3 % del PBI, el cual est6 por debajo del gasto promedio de America Latina (5 %). No se registra un crecimiento significativo del financiamiento sector privado, lo cual seffala que las reformas se han logrado con una mejor distribuci6n de los recursos disponibles. 1.- Refformas iniciadas Se han impulsado programas focalizados a efectos de reducir aun mas los niveles de inequidad: o Escuelas de Tiempo Completo La retenci6n de mayor tiempo de los nifios en las escuelas habilita a las madres a ingresar en el mercado laboral. o Programa de Alimentaci6n Escolar El darles alimentaci6n tiene un alto impacto en el rendimiento educativo. o Programa de Escuelas Bilingue La introducci6n de un lenguaje extranjero (inglds y portugu6s) en edades tempranas tiene importantes impactos en el desarrollo integral posterior del nifio, tanto desde el punto de vista educativo como econ6mico. Presidenciade la Repziblica Oriental del Uruguay Oficina de Planeanmientoy Presupuesto 2.- Lineas de acci6n Las lineas de acci6n se pueden sintetizar en dos: Protecci6n de determinados Programas desde el punto de vista presupuestal y de la ejecuci6n en tiempo de los programas seleccionados. En este sentido las areas prioritarias identificadas para un respaldo en el presupuesto educativo son: a) El Programa de libros didacticos destinados a ninos de educaci6n primaria por importes de d6lares estadounidenses u$s 800.000 para el 2003 y u$s 300.000 para el 2004; b) El Programa de Educaci6n BilingUe en Escuelas de Tiempo Completo por importes de d6lares estadounidenses u$s 250.000 y u$s 400.000 para los ahos 2003 y 2004; c) Seguridad y medio ambiente en los centros educativos, que garantice los niveles adecuados de seguridad, limpieza y saneamiento de los locales con niveles de gastos en suministros del orden de d6lares estadounidenses u$s 900.000 para los afios 2003 y 2004. Desarrollar un Plan de Mejora de Gesti6n de ANEP expresado en el documento "Plan de Acci6n para Mejorar la Gesti6n en el Sector Educativo Uruguayo". En el mismo se seffalan tres areas prioritarias: a) Organizaci6n funcional y administrativa de la ANEP b) Gesti6n de Recursos Humanos c) Sistema de Gestion Integrado Financiero Contable En general las acciones se orientan al fortalecimiento de los sistemas de informaci6n a traves de un Sistema de Seguimiento de Expedientes y una Base de Datos Juridicos; a la racionalizaci6n de procesos administrativos a traves de la creaci6n de pautas de referencia para los procesos y funciones en particular para las areas de Recursos Humanos y la implementaci6n de un Sistema Integrado de Gesti6n y Contabilidad; y finalmente la implantaci6n de mecanismos de control interno y de monitoreo - mediante la implementaci6n de una unidad de Auditoria Interna - mas estrictos que permitan identificar las principales fuentes de ineficiencias. M3uaCd6n ctCueP Gn M0 SecC $&0ud La organizaci6n del sistema de salud en el Uruguay se basa en un complejo y fragmentado esquema de regulaciones y mecanismos de financiamiento, donde intervienen un conjunto de instituciones de derecho privado y varios organismos publicos. En tFrminos simplificados, la poblaci6n accede a los servicios de dos tipos de subsistemas: el puiblico y el privado. El gasto total en salud en Uruguay representa un poco mas del 10 % del PBI. De acuerdo a la Organizaci6n Mundial de la Salud (Informe 2000), el pais ocupa el cuarto lugar del mundo en t6rminos de gasto en salud como porcentaje del PBI, pero se ubica en el puesto 65 en t6rminos de desempeno general. El subsistema privado cubre aproximadamente el 52 % de la poblaci6n y est6 integrado por las Instituciones de Asistencia MWdica Colectiva (IAMC), entidades privadas sin fines de lucro que aseguran y proveen atenci6n m6dica prepaga a trabajadores de la economia formal. El subsistema publico de salud opera a travbs de la Administraci6n de Servicios de Salud del Estado (ASSE) del Ministerio de Salud Publica (MSP), que cuenta con una red de hospitales y puestos de salud que brinda atenci6n medica a aproximadamente el 45 % de la poblaci6n, principalmente trabajadores del sector informal y personas de bajos recursos sin cobertura de seguridad social. A estos se agregan los servicios de salud de Sanidad Militar, Policial y Hospital de Clinicas. Como complemento se suma el Fondo Nacional de Recursos (FNR), entidad de derecho publico no estatal responsable de la financiaci6n, para toda la poblaci6n uruguaya, de las enfermedades de alto costo y baja incidencia y cuya administraci6n es responsabilidad de conjunta del MSP, el Presidentciade la Repablica Orieitaldel Uruguay Oficina de Planeamientoy Presupuesto Ministerio de Economia y Finanzas (MEF) y representantes del sector privado. 1.- Objetivos del Sector Los objetivos del gobierno para el sector se orientan hacia la implementaci6n de un sistema que asegure el acceso universal, una atenci6n integral y garantice la calidad de los servicios y la equidad en el financiamiento para toda la poblaci6n en funci6n de las posibilidades del pais. En este sentido, el MSP busca superar las inequidades presentes en el sector promoviendo un mayor nivel de eficiencia en los subsectores publico y privado, y garantizando, de esta manera, la sostenibilidad de una efectiva protecci6n de los derechos de los ciudadanos. 2.- Lineas de acci6n a) Fortalecer la funci6n rectora del subsector publico. El mejoramiento y fortalecimiento del marco regulatorio del sector salud ha sido una acci6n central del MSP a traves de la Direcci6n General de la Salud (DIGESA), buscando garantizar un marco de reglas comunes para todas las instituciones de salud que garantice la debida calidad de los servicios. El perfeccionamiento de la estructura normativa ha tenido en cuenta tres aspectos fundamentales: funci6n fiscalizadora del propio Ministerio, condiciones de habilitaci6n de los prestadores privados y establecimiento de derechos de los usuarios. Para profundizar estos aspectos a futuro, se plantea el diseffo y desarrollo de una superintendencia con competencia en aspectos vinculados con los servicios publicos y privados, y de una agencia especializada para el control y garantia de la calidad en las areas de alimentos, medicamentos e insumos para la salud. b) Fortalecer el subsistema privado de salud. El resultado esperado al impulsar un modelo de gesti6n mas eficiente del subsector privado es estabilizar financieramente a las IAMC y asegurar la continuidad de la atenci6n para sus usuarios con criterio solidario. Para ello se ha avanzado en acuerdos con el MSP, la OPP y el MEF para implementar planes de reconversi6n que incluyan los aspectos econ6micofinancieros, asistenciales y organizacionales de las IAMC, y den viabilidad y estabilidad de largo plazo. El Gobierno Nacional tambi6n plantea cambiar un sistema de precios administrados a un sistema con mayor libertad de fijaci6n de los mismos, aunque manteniendo un proceso de vigilancia por parte del Estado para evitar aumentos injustificados. Y, sin perjuicio del mantenimiento de las caracteristicas del sector privado, estudiara las posibilidades de avanzar en una politica comun de pagos de insumos y medicamentos que permita ahorros en el sector. all mod@o de aftncDt fonadeOndo lla aXendfn pnrmaurs do sailud. C) RoientF A los efectos de concretar un nuevo modelo de atenci6n que sea mSs preventivo e integral, se necesita reorientar el actual desde una tendencia asistencial y hospitalaria hacia una atenci6n medica continua, integral y accesible con una adecuada vigilancia sanitaria en lo relacionado a la disminuci6n y control de los riesgos de enfermar y fomentando estilos de vida saludables. A esos efectos, se propone la creaci6n de oficinas de Desarrollo de la Atenci6n Primaria de Salud (DAPS) en cada uno de los centros departamentales para realizar un trabajo coordinado entre la DIGESA y ASSE con la integraci6n de la comunidad, los gobiernos departamentales y las organizaciones e instituciones representativas de distintos grupos sociales. d) ElOvaFr Da ogiGncia dk0I hlt@0 apD ptflico. El Gobierno viene impulsando distintas estrategias encaminadas a elevar la eficiencia y capacidad de respuesta del hospital publico. Entre ellas se destacan la firma de compromisos' de gesti6n, la introducci6n de nuevas herramientas informaticas para el registro de beneficiarios, y la exploraci6n de arreglos innovadores en la prestaci6n de servicios de apoyo a la gesti6n hospitalaria. Una estrategia central es la identificaci6n de usuarios: el Gobierno sumarci al Programa de Identificaci6n Negativa de Usuarios (RUCAF) que ya estd siendo aplicado en la totalidad de las unidades asistenciales de ASSE, la Presideniciade la Republica Orientaldel Uruguay Oficina de Planeanizientoy Presupuesto identificaci6n positiva de los mismos. Con ello se lograra mejorar aun mas la focalizaci6n de los servicios asistenciales en las personas sin cobertura de seguro de salud en la red de ASSE, regular la prestaci6n de servicios a individuos asegurados o con capacidad de pago, mejorar los mecanismos de asignaci6n presupuestal en la red publica y avanzar con mas precisi6n en la formulaci6n de planes de promoci6n de la salud y prevenci6n de la enfermedad. Los tickets y 6rdenes se fijaran con criterio regulador mas no recaudador. e) Consolidar la reestructura del Fondo Nacional de Recursos (FNR) Finalmente, dentro del contexto de buscar mayor eficiencia sectorial manteniendo o incluso mejorando los servicios brindados, el Gobierno preve profundizar las acciones ya en curso tendientes a reestructurar el FNR. De hecho, ya se ha logrado una reducci6n de los aranceles en un 13% y se han introducido mecanismos de mayor control y auditoria de servicios. Las autoridades nacionales esperan que estas y otras medidas contribuyan a llevar al FNR a un equilibrio operativo en el primer semestre del ah'o 2003. Sin mas lo saluda a Usted muy atentamente PtRESIDIENCIA,tP LA REPUBLICA Oticona_d NxDeesto Director Annex 3: KMPLEMEENTATION IPElRIFORMANCE OF 11TIRE ]FJIIRST WOIRLD BIAN ADJUSTMENT OPEIRATWEN UNDER ]RIEVFSED CAS STRATEGY (SAL and SSAL approved August 8, 202) SAL I and SSAL I The US$ 300 million World Bank Structural Adjustment and Special Structural Adjustment Loans to the GoU, approved in August of 2002, address issues of: (i) fiscal policy, including revenues, expenditures, and reforms in productivity bonuses for public enterprise employees; (ii) the restructuring of BHU; and (iii) social protection programs, including unemployment insurance, which absorbs a large chunk of expenditures and faces increasing demand due to the crisis. Fiscal measures included efforts to reduce expenditures - particularly wages and pensions - and increasing tax revenues through a comprehensive reform of income taxes, as well as VAT, excise and customs duties aimed at reducing exemptions and loopholes. Reforms to the BHU include the phasing out of the stock of deposits - transferred to the Banco Repliblica Oriental del Uruguay (BROU) - thereby eliminating deposits as a source of financing for mortgage lending activities, and professionalizing the bank's management including more rigorous credit risks evaluation and portfolio management practices. In the future, BHU will act primarily as a mortgage "generator" and its main source of funding will be the sale of securitized mortgages in the secondary market. Support to the social sector aims to improve efficiency of expenditures and assure protection of the most vulnerable during the crisis through the development of an integrated beneficiary registration system and protecting key programs from budget cuts. The first tranche release of the SAL and SSAL were approved at the time of Board presentation. The next scheduled tranche release is the second and final tranche of the SSAL. Progressin the implementation of SSAL Second tranche release of the Uruguay-SSAL is focused on legislative initiatives and concrete actions to advance on the effective restructuring of Banco Hipotecario del Uruguay (BHU, the National Mortgage Bank). Overall assessment. The two key legislative requirements were met in late 2002. The first one is the Law that modifies the Charter of BHU and limits its capacity to take deposits from the public. The other is the Law that empowers the Superintendency to properly supervise public banks and apply sanctions to the board and management. In addition, in October, 2002 GoU reached an agreement between BHU, BROU, OPP and the Central Bank (BCU) whereby the bulk of BHU reprogrammed deposits were transferred to BROU; and at the same time, BHU issued a bond (guaranteed by BHU assets and the State for an equal amount of deposits transferred) to back the deposits transferred to BROU. Page 79 There has also been progress in loan recovery, closure of branches and approval of a law limiting the maximum age of staff, which will reduce staff by about 200 people. There has also been progress in the implementation of a number of other actions aimed at bank restructuring and divestment - such as the due diligence process for valuation of assets, which is expected to be completed in May, 2003 (preliminary results in March). However, many of the measures and decisions taken do not conform an integrated and coherent medium-term restructuring plan. In particular, the reorganization of the asset recovery function to perform credibly and effectively its role is a critical interface for fiscal discipline. The BHUBROU agreement contemplates - at the discretion of Government - transfer of this function to BROU as a means of ensuring better loan collection to be able to service the new BHU bond. The status of the individual components of the conditionality matrix is as follows: Law to change BHU's charter. After various iterations with Bank staff, GoU drafted a Law which was acceptable to both parties. With some modifications, the Law was discussed and approved by Congress in November, 2002. The Law limits financial activities of the new BHU its core activity will be mortgage generation and securitization; the stock of new mortgages that BHU can hold at any time may not exceed the equivalent of US$50 million. BHU's sources of funds will be the sale of securitized mortgages and dep6sitos de ahorroprevio. Agreement to ensure the transfer of BHU deposits to BROU. The Agreement ensures the transfer of all BHU dollar deposits (except existing "ahorroprevio" deposits) to BROU. Under the agreement, BROU receives the US$776 million bond issued by BHU; servicing of this 10 year bond allows BROU in turn to service monthly interest and amortizations of reprogrammed deposits (25 percent in 2003, 35 percent in 2004 and 40 percent in 2005). The state guaranteed bond carries a 6.5 percent yield. Two bonds were issued - one for US$506 million to cover all debts on which interest was due until the end of November, and a US$270 million bond to cover the rest. Loan and asset recovery and interest collected by BHU will be allocated exclusively to service the bond and to cover BHU operational expenses and previously committed investment plans. Due diligence for the valuation of BHU's investment and loan portfolio. A consultant has been selected (KPMG) and the contract signed. Preliminary results - based on samples - will be available in May, 2003. The study is expected to be finalized in May 2003. Divestment plan. There is so far no divestment plan with semi-annual targets (as required by the conditionality matrix) approved by the Board. According to BHU authorities, it awaits completion of the valuation study, which would allow assessment of the quality of guarantees and repayment capacity of borrowers. However, various concrete actions have been taken to de facto initiate the divestment process: loan cancellations with discount incentives (about US$90 million) was retired between March and September (US$58 million was actually collected in cash); a concession was granted to create a call-center to recover non-performing loans in risk category 2; visible foreclosures in key developments which has led to various, previously nonperforming loans becoming regular. BHU's loan collection capacity has been enhanced by the Page 80 approved BHU Law, which concedes BHU the privilege to collect mortgage debt service from salary accounts. New Credit Manual. An operating manual to grant loans was finalized in August, 2002. IT. Terms of reference have been prepared but have to be narrowed down once final scope of activities of the new BHU is decided based on the new BHU Charter as well as the restructuring plan. Restructuring Plan. A comprehensive restructuring plan for the new BHU is yet to be developed and presented to the 1BRD. However, isolated actions which can be conceived as part of a restructuring plan have already been implemented or are planned to be implemented in the short tenn: closure of various branches, absorption of other branches by BROU, appointment of a new general manager, etc. Plans to get rid of excess staff are also in the making: about 200 staff will be made redundant following passage of a decree that reduces the retirement age. This will reduce staff to about 1200. An unspecified number will be transferred to several public offices possibly the Housing Ministry and the Revenue Service. Some will possibly be absorbed by BROU. The following other actions with restructuring implications have also been taken: i) ii) BHU claims that no new loan commitments have been issued since August 2002. Loan commitments as submitted in the draft Law are UR$1,680 million - these exclude all the loans approved until mid-2002 and some of the commitments. The creation of two key Departments with the managers (reportedly) to be recruited from outside the bank: Financial Manager (Gerencia Financiera) and Human Resources Manager (Gerencia de Recursos Humanos). Law to enhance BCU's supervisory powers. This Law was part of the Banking Law passed last December that concedes BCU attributions to liquidate banks and transfer assets and liabilities to Fiduciary Funds (a Law on such Funds was also approved recently). Under the new Law, BCU has the capacity to sanction public banks and/or the members of their board. Page 81 Annex 4: SOCIAL IMPACT ASSESSMENT OF PUBLIC UTILITIES REFORM An assessment of possible impacts of public services reform was carried out as part of project preparation. The analysis began by reviewing current service coverage, quality and access indicators to identify possible weaknesses in the system. The possible impacts of the current economic crisis and the reform program are then discussed. The annex concludes with a description of ongoing and planned Government actions to support services to the poor. Service Coverage The coverage of basic services and infrastructure is relatively high in Uruguay compared to other countries in the region. The following table shows high levels of sanitation, water, electricity and telephone coverage compared to other high per capita GDP countries in Latin America. Paved roads per 1000 population is lower than that of regional peers, but sufficient to support economic activity as shown by the high level of paved roads per worker (and also reflecting Uruguay's large population of retirees). Moreover, Uruguay has one of the lowest levels of infant mortality, likely supported by broad access to services and infrastructure. Table 1: Access to Public Services(% of total population) GDP per Sanitation* Improved water Electricity Telephone Kms of (% of source (% of (% of mainlines Roads per Paved Infant capita, PPP population population with population (per 1,000 1000 roads per Mortality (current Country with access) access) with access) people) people worker** Rate international Argentina Brazil Chile Mexico Uruguay 85.0 77.0 97.0 73.0 99.0 79.0 87.0 94.0 86.0 98.0 90.0 90.0 98.0 95.0 100.0 175.9 111.6 164.4 99.9 223.7 6.1 10.8 5.5 3.3 2.7 5.8 2.4 2.3 2.9 5.5 18.0 32.0 10.0 25.0 15.0 11,703 6,869 8,163 7,839 8,486 Source: World Development Indicators, 2002; UNICEF; Multitopic household surveys (LSMS); World Bank Private Sector and Infrastructure Latin American Department calculations. * Share of the population with at least adequate excreta disposal facilities (private or shared, but not public). Suitable facilities range from simple but protected pit latrines to flush toilets with sewerage. ** Refers to total work force. Water coverage is at 98 percent overall, and coverage by private taps exceeds 90 percent on average and 76 percent in the first income decile. Sewerage coverage overall is also fairly extensive, at about 61 percent. While sewerage coverage is slightly lower in first income decile, virtually all households without sewers make use of a septic tank. Only 3 percent of households in the first income decile do not have access to either form of sanitation. OSE has no specific tariff policy to support the poor.3 Universal access to electricity is almost a reality in Uruguay, with coverage of around 95 percent for the first decile and almost 100 percent thereafter. UTE operates a social connection policy 3In fact, some of OSE's tariff policy may be regressive. Inaddition to regular tariffs, the company has the option of charging an aportefrentista, representing the cost of expanding distribution and collection networks, to households adjacent to network extensions. However, the regular tariff also includes an asset base, so in effect clients currently without services - most likely lower income households - are charged twice for the network extension. Page 82 whereby low income households with small loads are connected free of charge, subject to accepting a load limniter of 2.2 kW. Graph 1: Access to water and' sanitation income decile income decile Graph 2: Access to energy services by services by 100% -6-Pnvatetap 100% ___ 80% 70% -v 6 0% -pubbc EDS0% 05% 40% 30% 20% t0% 1 0% 1 2 Pnvate tap or starndpost K CD -0-Sewerage f r 0 10%~~~~~~~~~~~0 3 4 5 6 7 8 9 10 -,- Sewerage or septictarik ticome deale Electric lighbtng 90%0% 80% 7 60% -- Cooking wilh 0% -Cokn t electicity 50%40%Cookirg wth n 30% -electncity or 20% piped gas 10%/0 0% -=o-Cookingwth 1 2 3 4 5 6 7 8 9 1 electncty, piped gasorLPG bncome decile Source: INE 1998 Household Survey Source: INE 1998 Household Survey The distribution of piped gas networks is currently very low at less than 5 percent, and does not even reach 15 percent in the top income decile. Nevertheless, LPG is in widespread use for cooking purposes, covering almost 85 percent of the population, and 80 percent of the bottom income decile. Regarding the patterns of energy consumption by final use, it is noteworthy that more than 80 percent of households use electricity for water heating and liquid fuels (primarily LPG) for cooking. A wide range of different fuels are in use for space heating. Almost a third of households (primarily in the Interior) use wood or coal, another third (primarily in Montevideo) use electric heaters, and 20 percent use liquid fuels (primarily LPG). About 15 percent make do without heating. GlraDh 3: Pattern of enermv consumiStion by inal use 100.00% 0 80.00% - . ~~~ : _ 0~~~~~~~~~~0Ot 0 ° 60.00% - ;2 2 Other ~~~~~~~~~~~~0 Electncity 0 om 40.00% -0_ fiOg Ct 20 20.00% Space heating Cooking Water heabing Source: INE 1998 Household Survey Page 83 Q Liquid fuels Traditional Prices and Income Trends Prices of infrastructure services in Uruguay have in general kept pace with inflation during the last five years. Prices of gas, liquid fuels and ground transportation have grown at about 20 percent in real terms over the period, while prices of electricity and telephony have fallen by about 10 percent in real terms. The price of water has remained more or less constant in real terms. Graph 4: Real prices for Services from 1997 to 2002 x Electricity 130 00 -~~~ 110.00 o CL ~ ~~ 100.00 ~ ~ f Aam-AL. %m4ft*. ~ ~i ~ I ~~~~ ~ ~9000~ 90 .- ~~~~~~~Gas 12000 ~~~~~~Al ~ ~~~~~~~~Fuel ~~~-a-Water A- -a--Telephone _________-_____________________ -Transport 80.00 CD CD0)0 0) 000 0)000 Source: INE 1998 Household Survey Real average household incomes have been relatively steady over the last ten years, both in Montevideo and in the interior, although a decline is evidence from miid-2001. Families at the second decile are living on around to UR$5,000 per month, and have seen their real incomes fall by 5 percent in Montevideo and 8 percent in the Interior during the first semester of 2002. While families at the eight decile of the income distribution are living on around UR$15,000-20,000 per month, and have seen their real incomes fall by 6 percent in the first semester of 2002. 35000 Graph 5: Evolution of Real Average Monthly Household Income (Constant Uruguayan Pesos, May 2002) -20% mdanco - MontevAdoo -0-20% mas nco - Intenor Urb. -20% mas pobre-Montevldeo -4-m20% m6s pobre - Inteilor Urb. 350000- Junio/92 Junlro'94 Junio/96 Junio/98 Page 84 Junia'O0 Junio(02 Affordability of Services Household expenditure surveys are not frequently performed in Uruguay. The most recently available data on actual household expenditure on utilities dates back to 1994. The evidence from this survey indicates that in Montevideo, first decile households were spending 7.1 to 9.4 percent on water and energy (depending on the type of gas they use). This is well below an indicative affordability threshold of 10 to 15 percent for these services - as well as the World Health Organization 3.5 to 5.0 percent threshold for water - and is comparable to the levels of 8 to 9 percent that first quintile households in Buenos Aires were spending in the mid-1990s. Due to lower income levels in the interior, all services weigh more heavily on household budgets. Unfortunately, the data for gas expenditure in the interior is sparse, but suggests that the overall budget share for water and energy could be as high as 13.7 percent. This is above the indicative affordability threshold of 10 to 15 percent, and slightly more than the 11-12 percent of budget spent on these services by households in the Argentine interior. Table 2: Utility expenditures as a percentage Montevideo Electricity Piped Cylinder gas gas Deciles 1 3.5% 2.0% 4.3% 2 2.7% 0.8% 0.0% 3 2.9% 1.0% 1.8% 4 2.2% 1.4% 1.3% 5 2.2% 1.0% 1.1% 6 2.4% 1.1% 1.1% 7 1.9% 1.6% 1.0% 8 1 7% 0.9% 0.0% 9 1.6% 1.0% 1.4% 10 1.5% 0.5% 0.0% of income (EYGH, 1994) Average 2.1% 1.2% 1.2% Interior Piped Cylinder gas gas Water 4.2% 3.7% 3.0% 3.0% 2.6% 2.7% 2.4% 2.3% 2.1% 1.7% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.9% 7.4% 0.0% 5.7% 0.0% 0.0% 0.0% 0.0% 1.6% 1.3% 0.4% 2.1% 1.6% 1.5% 1.3% 1.3% 1.1% 1.0% 1.0% 0.9% 0.8% 2.5% 1.9% 2.5% 1.1% Water Electricity 1.6% 1.0% 0.9% 0.7% 0.8% 0.6% 0.5% 0.5% 0.5% 0.6% 0.6% Unfortunately, this household survey data is now almost 10 years out of date. Given intervening changes in prices, incomes and consumption patterns, it may not provide a reliable indication of the affordability of services today. An alternative approach to affordability analysis is to calculate the cost of purchasing a subsistence basket of utility services at today's prices, and to divide this by the average monthly household income of those in the bottom income quintile. According to INE figures, this amounts to UR$6,000 in Montevideo, and UR$3,904 in the interior. The table below shows that a subsistence basket of water and energy for a modest household in Uruguay would comprise lOOkWh of electricity, 18 kg of Supergas, and 10 cubic meters of water. The cost of such a basket immediately prior to the devaluation was UR$428, which represented 7 percent of the budget of a household in the second decile of the income distribution in Montevideo, and 10 percent for a comparable household in the interior. Page 85 Table 3: Assumptions underlying subsistence basket Gas Electricity Subsistence l00kWh/month 1.5 12kg cylinders per consumption month (I per month in summer, 2 level per month in winter) Tariff structure Water 10m'/month (two thirds of consumers are below this level) UTE: Supergas: OSE: Pre-devaluation tariff involved a fixed charge of UR$46 per month, plus a charge of UR$ 1.1 per kWh, and a charge of UR$15.9 per kW. Pre-devaluation tariff was UR$8.3/kg. Pre-devaluation tariff involved a fixed charge of UR$37 per month, plus a second fixed charge of UR$58 per month for consumption in the range 5 to 10 cubic meters per month. A tariff increase of 50% to UR$12.8/kg was approved in September 2002. A tariff increase of 14% was approved in August 2002, and a further 8% tariff increase was approved in November 2002. A tariff increase of 13% was approved in August 2002, and a further 8% tariff increase was approved in November 2002. Since the devaluation a number of tariff increases have been approved. Water and electricity tariffs were raised by 13 and 14 percent, respectively, in August and 8% in November. Meanwhile the cost of a cylinder of Supergas has been increased by 50 percent. The combined effect of this is to raise the cost of the subsistence basket of water and energy by 32 percent to UR$536 per month. For poorer households in Montevideo, the cost of this basket absorbs 8.9 percent of the family budget, still below the 10-15 percent affordability range. For households in the interior, however, this expenditure represents 13.7 percent of the family budget, a higher percentage though still within the 10-15 percent affordability range. Table 4: Cost of a subsistence basket of utility services as pe centage of income Interior Montevideo Electricity Gas Water Total Electricity Gas Water Pre-devaluation * Total Absolute 166 144 95 405 166 144 95 405 Percentage 2.8 2.4 1.6 6.8 4.2 3.7 2.4 10.4 204 3.4 216 3.6 116 1.9 536 8.9 204 5.2 216 5.5 116 3.0 504 13.7 Post-devaluation Absolute Percentage Source: Own estimates based on data from INE and OPP. Notes: The pre-devaluation and post-devaluation figures are from January and September 2002 respectively. Page 86 Impacts of the Economic Crisis A final approach to assessing the affordability question is to examine how non-payment and disconnection statistics have deteriorated since the onset of the macroeconomic crisis. Nonpayment of electricity bills is currently at 8 percent. Although, small in absolute terms, this represents a more than doubling of non-payment in the last year. Similarly, non payment for water and phone services has also increased, though not as dramatically as electricity. UTE, OSE and ANTEL have all accordingly increased their disconnection rates, though the increases are of a lesser magnitude than the increases in non-payment. These figures point to possible impacts of the current crisis and a potential worsening of the affordability indicators discussed above. Table 5: EvoRution of utility social indicators TUTE Total demand (physical units) (Mwh) o September 2001 6,368,267 o September 2002 6,242,788 OSE (M) 154,217 138,034 (local) 3,701,830 3,386,538 ANTEL (national.) 536,011 512,377 Non-payment rate: o September 2001 o September 2002 3.0% 8.0% 7.5% 10.0% 4.7% 9.6% Disconnection rate: o September 2001 a September 2002 2.1% 4.7% 3.1% 3.6% 0.7% 0.8% (internatl.) 82,411 72,371 Source: OPP, Government of Uruguay. Affordability Impacts of Sector Reform Program Similar reform programs in other countries have impacted services to the poor through price increases and investment cutbacks. Given the high level of service coverage in Uruguay, sector reform is not expected to impact access to services. However, possible tariff increases above salary adjustments could impact the affordability of services, though these impacts are difficult to determine at this point. Additional impacts may include electricity tariff reforms, though the impacts at this point are unclear and depend on the pending recommendation of UREE on target tariff levels. Correction of the price distortions in the hydrocarbon sectors may also impact affordability by making LPG more expensive, which has a sizable weight in the budgets of the poor and is primarily used for cooking. However, the potential impact will likely be small as LPG prices are currently only 7 percent below estimated import parity prices. In theory, these households could switch to cheaper natural gas, but they would then confront the large up-front infrastructure investment costs mentioned in the main text of this document. labor Impacts of Sector Reform Program In addition to coverage and affordability issues, one of the most imrnediate consequences of sector reform could be the shedding of labor to raise the efficiency and profitability of infrastructure service providers. The reforms proposed by the Government of Uruguay and outlined above in general pose no substantial immediate impact on labor as reforms are Page 87 accompanied by retraining and re-absorption programs. In instances in which reforms are tied to labor reduction, all reductions are on a voluntary based through the offering of early retirement packages. The Uruguayan Constitution does not allow involuntary reductions for employees of the public enterprises. In the last ten years, AFE, ANCAP, ANCO, ANTEL, OSE, and UTE have reduced their staff by 35 percent, or about 1,200 employees. In all cases, reductions were volunteer. OPP is currently considering additional redundancy packages for selected sectors. Government Strategy Though infrastructure and service provision to the poor have been strong, there is still room for improvement and the current crisis and efforts to increase competitiveness may require adjusting measures to assure continued access and services to the poor. Past achievements were accomplished through the public utilities, which have taken on business as well as social responsibilities, and have financed investment and consumption for low income populations through cross subsidies. Liberalization of these sectors and competitive pressure on the public utilities to reduce costs may call for a more explicit government policy to assure continued broad coverage, particularly in light of potential impacts of the current economic crisis. Given the high level of coverage in Uruguay, continued access to services presents a much larger concern that expanding coverage. However, the Government has taken steps to assure continued expansion of services to the poor. OSE, with support from the ongoing World Bank loan and GTZ, has initiated a program to expand sewerage coverage in interior cities. The program aims to increase transparency and facilitate access of low income households by establishing clear rules for prioritizing investments and charges, organizing communities, and providing savings and credit programs to help poor households cover the large upfront cost of converting in-house plumbing for connection to the sewerage system. OPP is also implementing a national slum upgrading program with support from the 1DB. The program provides central government financing, matched by local government and beneficiary support, for a wide range of infrastructure and services to the growing marginal neighborhoods. Investments include water, sanitation, electricity, paving, public spaces, and storm drainage among others. In addition to efforts to continually improve coverage, the Government is keenly aware of potential affordability problems and has included the development of policies and instruments to sustain the provision and quality of services to the poor as part of their reform agenda. The process will begin with a more detailed assessment of the current state of services, consumer preferences and the potential demand for services below alternative scenarios that contemplate different prices levels, operators, and type and levels of services. This Government study, titled the Costs and Benefits of the Reforn Program, will include further analysis of existing data sources, additional modules of questions for the continuous household survey, and focus groups to provide qualitative information and inform survey design. The Government study could also serve as an input for tariff reform in the electricity, water and sanitation and petroleum sectors over the next years. The electricity sector tariffs will be reviewed based on a benchmarking study to be carried out in 2003. The results of this study, in combination with the results of the study on the costs and benefits of the reform, will provide inform potential design of government policies in this area. The pending water and sanitation sector law provides guidelines for future tariff and subsidy review and design. Page 88 Conclusions Overall service coverage and quality are high in Uruguay relative to its peers in the region. Prices have been relatively stable in real terms over the last five years. Services also appear affordable, falling below or within the indicative range of 10 to 15 percent of total household expenditures, even for the poorest ten percent of households in both Montevideo and the interior of the country. Following the recent devaluations, prices of water, electricity and gas have increased in peso terms. Estimated household expenditures following the price increases still indicate that services are affordable; however, recent increases in non-payment of bills and service disconnections point toward a worsening of affordability. In addition to the crisis, sector reform could also impact affordability, though it is not expected to substantially effect service coverage and employment in the utilities. Relevant reforms include possible electricity and LPG tariff changes. The Government is aware of these changes and taking steps to assess the potential impacts of the reforms and economic crisis in general. This assessment will serve as an input to determine whether current tariff structure are effective in providing a basic safety net for he poor, and if not include fine tuning. This is in addition to ongoing projects supporting expansion of sewerage networks and upgrading of marginal neighborhoods. Page 89 Annex 5: FISCAL IMPACTS OF THE REFORM PROGRAM The project brings with it strong economic and fiscal benefits as a result of an increased private sector participation (PSP) in the provision of public services, the strengthening of regulatory skills and activities, and the improvement in the quality of services due to the combined effect of greater competition and better regulation. As shown in the attached table, total economic benefits from 2002-2007 are estimated at US$168.6 million. An amount that is equivalent, at an 8% discount rate, to a net present value of US$112.3 million - 0.91 per cent of the US$12,400 million estimated as GDP for 2002. The income expected from the auctions of cellular bands, the concessions of Carrasco International Airport and the second container yard at the port of Montevideo, and the roads mega-concession more than compensate expected decreases in tax collections due to the opening of markets to competition (visible in the telecommunications sector since May 2002), the reduction in utilities prices, and the reduction in the number of staff who affect the financial position of the Banco de Previsi6n Social (Social Welfare Bank). These amounts do not include all the indirect effects that the roads mega-concession or the concession of Carrasco International Airport could imply in terms of increased employment and social security contributions, nor the direct or indirect benefits that will result from OSE risk management contract. The positive fiscal impacts expected from improving the efficiency of public expenditure in the education and health sectors are not included. Assumptions Auctions. Income from the cellular bands is based on the minimum price (US$6.0 million) offered for two lots in the auction that took place on October 18, 2002. Income from the second container yard at the port of Montevideo has been estimated at US$10.0 million based on the amount received for the first container yard (US$17.0 million). Income for the concession of the Carrasco International Airport was estimated based on the minimum price asked in the bidding documents (an initial payment of US$15.0 million plus an annual contribution of at least US$2.5 million during the 20 years of the concession). Income for the concession of the roads megaconcession has been estimated by the MTOP based on previous experience in Uruguay and Argentina. ANCAP Association. Income from the Association of ANCAP with a private firm has been assumed at US$58.8 million based on a report by Salomon, Smith & Barney of April 2002, which estimated it at US$98.0 million. Price Reductions. The cost of delivering public services is expected to decrease as a result of greater presence of competition and PSP and an improvement of regulatory activities. Considering the utilities directly involved, the reduction in the cost of delivering public services is expected to reduce real average final prices by about 12%. Price reductions would initially reduce utilities' results and their dividends to the Government. By company, the reductions would be as follows: Page 90 o o o o (I) (2) (3) (4) ANCAP ANTEL -18% -15% (I) (2) UJTE Conecta & Gaseba - 5% -15% (3) (4) Estimated difference with average import panty price by product. Average of ILD, NLD and urban calls. In effect as of May 1,2002. Estimated effect of VADE effectiveness. Scheduled to take place dunng 2003. Estimated effect of the entry of natural gas In effect as of November 2002. Efficiency lImprovements. The implementation of voluntary retirement schemes and additional measures aimed at reducing and keeping operational costs under control is expected to also reduce total production and distribution costs. Contrary to price reductions, efficiency improvements improve utilities' results and increase dividends to the Government. As shown below, measured by the ratio of physical units sold per year per employee the estimated benefits vary from 33.3% in UTE to 829.3% in AFE. 2002 AFE ANCAP ANC ANTEL (i) OSE UTE 2003 149,4 ton km 1,060 m3 17,100 shipments 166.2 lines 35.2 m3 1,065 mwh 710,1 ton km 2,815 m3 24,440 shipments 197.5 lines 37.0 m3 1,184 mwh 2007 1,388,4 ton km 3,300 m3 29,290 shipments 209.8 lines 44.5 m3 1,393 mwh (I) Lines per employee GDperational Costs. Considering current costs (labor, inputs and interests), average real decreases would be at about 10%. The large reduction in AFE - estimated at about 47% results from an expected 80% decrease in personnel that would not be compensated by increases in maintenance expenses or payment of fees for the use of railway infrastructure. AFE. AFE's current demand of 1,200,000 tons (equivalent to 245,000,000 tons km), is expected to remain constant in 2003, would begin to growth in 2004 and, mainly due to the transportation of forest products and containers, reach 2.00 million tons in 2007 (equivalent to 479,000,000 tons km). Prices are expected to remain unchanged. The current number of employees (1,640 at an annual average cost of US$5,976) will be significantly reduced as a result of the proposed reorganization and only 345 of these employees will remain and no significant change is expected in the following years. Part of the remaining 1,295 employees (about 420) will move to an infrastructure in MTOP. The retirement incentive package includes 16 salaries to be paid during 30 months. Benefits are estimated as the difference between normal salaries and the value of the retirement incentive package. ANCAP. The estimated worth of ANCAP's association with a private company is US$200,000,000 which, taking into account the State's 49% share, comes to US$98,000,000. Nonetheless, to take into account current macroeconomic conditions in the region, this benefit has been conservatively estimated at 60 per cent of that value (US$58,00,000). A significant improvement in ANCAP's efficiency is expected from its association with the private company. The number of employees would decrease by 1,285 (from 2,112 to 827) and is expected to remain at about 827 in the foreseeable future. Resulting savings have been estimated based on an annual average cost per employee of US$11,479. As in AFE's case, the employees would Page 91 retire under retirement incentives comprising 16 salaries payable during 30 months. Expected sales are 2,238,000 m3 today, 2,328.000 in 2003 and 2,730,000 in 2007, with an accumulated average annual growth rate of 4%. ANC. A payment of US$1,500,000 per year in universal service fees, increasing 2% per year was assumed. The number of mailed units per year is estimated at 30,307,000 for 2002 and at 33,390,000 for 2007. Distribution of public utilities bills was excluded. The number of employees is expected to decrease by 532 in 2003 (from 1,772 to 1,240), and keep falling 2% per year to reach 1,150 in 2007. Expected savings have been estimated based on an average annual cost per employee of US$7,675 and a payment of 16 average salaries in 30 installments (equivalent to a monthly payment of 0.53 of the current salary during 30 months). ANTEL. In US dollars, income revenues for 2003 are expected to decrease 5.1 percent in relation to 2002 and thereafter to grow at an annual accumulated rate of 1 percent per year. Telephone lines are assumed to grow from 951,000 in 2002 to 960,500 in 2003, and continue growing at the same rate to reach 999,500 in 2007. In 2003, 860 employees are expected to leave ANTEL (out of a total of 5,273 today), under the same conditions as the other utilities above (16 average salaries payable in 30 installments). Later on, ANTEL's labor force would continue to decrease at an annual rate of 1.5% to reach 4,765 employees in 2007. ANTEL's annual average cost per employee is US$14,855. OSE. Income has been assumed to grow US$5.6 million per year following the implementation of a management contract covering a third of the Metropolitan region. Current sales (150 million of mi3 ) are expected to reach 153 million of m3 in 2003 and then to continue growing at a fixed rate to reach 170 million of m3 in 2007. In 2003, 460 employees are expected to leave OSE (out of a total of 4,613 today), under the same conditions as the other utilities above (16 average salaries payable in 30 installments). Later on, OSE's labor force would continue to decrease at an annual rate of 2% to reach 3,280 employees in 2007. OSE's annual average cost per employee is US$9,320. UTE. Income revenues are expected to drop 5 percent in 2003 as a result of the economic crisis and later on to growth annually at an accumulated average rate of 2 percent. Current sales (6,664 GWH) are expected to remain unchanged in 2003 and then to grown at an annual average rate of 2 per cent to reach 7,213 GWH in 2007. Labor (currently at 6,260 employees with an annual cost of US$16,930) has been assumed to decrease by 630 employees (to 5,630) in 2003, and continue decreasing at an annual rate 2 percent to reach 5,180 in 2007. Page 92 IFECAL[I9AClF (IF REFlRFORAM U3$nihcn 2-02 2D03 LbnA&dmft OL3E 2iOD 120 I cefiarBrnl 2_____ao Q0 1Z 1MbxwoAAupit(1) Q( 123NesSkxsidQxmYard Z lcwimthmrPAfi9z6 Q0 3a0 _ QLy QC 0C 32 AWc 00a 00 120 25 25 4Q_1 24 2 252 IQO 10 0. Q( 5 I0 RmIwdE,Edmls0. ~~~- 41 41 4Z AtEL Q LtI - -4 -- I:' OQC -2 Go Qf -1Q zC -83 43 0 -126 60 -143 -11.3 -3. -182 ( 0. -12 O. 0 -17. 0. -1. 43 UIE 00 2 I 2-45 -4.0 O 2Q( OQ( S._MMIi 51 DMESIAAP(3) 52 1/VA _.0 5ZI AN[H 522U1E 53 fR/C 5-3 1 532 ANTEI 533 CS(4) 534 UrE 54 0 _yI_ 120 Q( Q( Q.0 /(BPS) t00 43 2 1. 29 1 Q07 0 'I 07 ao t0 5.54ANTEL 0S Q'0 Q. 0Q0 QQ.2 19 -I 4 - I -198 -1.8 4 3 I ia 14 I4'95 3X 30 | _ _ _ _ 1 7.7 6_8 4._ XI l 4 . .( -Z4 -6 4 4 l. 371 330 450 1160 11.7 7 4. 9.6 1. 2 3. 170 9.t 189 4 14. 136 1.1 4 5.S 2 1.3 16 27 1 I 42 I Q. Q0 -198 -1.8 4.9 I -19.8 -I8 4 _____ -21 11. 4.a 72 2 Z( Q 0Z 2 3C 4.{ -198 73.2 -9( -2V4 4'7 -1I&1 -M7Q -56 _S -2_ -56 -56 -5( -2&( -2. 2C 2 2 -IQ( 556 UIE 0l -4 4. 4.2 -4. -21 19 45 .. ._ __ ___2_ (I)TlrzU pun waheemi1ftdmab frfxdr20yrlbfed cfIt 4six ee 5jIoIwL562hIa 11bo nTornalthsfigmW m SwkjUJadhSI3792nibim (2)~nt1 cno1tka n lspssel dnxeueddrwh31ayainu mrkhdwpto< miITar ft1eurfhinCeG (3)Basditlasmzqtnhr1 na3sddm2 n 3}lkwalndhndaria4m.mgni tmuar4'f4%Tah u di2mfi03anignEtyanD(: ltauinm (4)11ve baWmtbeaiwmdict cpqwfiathnska.nflriinrr w=frv fir wi mts1rwiHamecrinrdI3Dn1ot%enngpnllm rius Page 93 84 9 -5.5 48 -2Q 7. 2 4' 4I51~I 1.7 aQl 2 -1 4. W Q MAL 8[2 490- 555 (C;E 42 1.1 33 7Q & 200 83 5 31 60 1. I 19 00-2 5 4 ZANEL 543 {EE 544 JLfE 55Tmzyi,3 to Soadt & 5.51AFE/MRF 55ZAAP t 3_ I 0 _ -21 .91 rev 52 251 Z _ 1UAL 24 ao 15.C Q2 Q1 1 2C7 25 _ _ _ __ 1 24 a0 Q , _ _ _ A_R m ____ t 31 AFIE/M 2006 20D5 3hG| . -7: -15. . Annex 6: KEY ECONOMIC INDICATORS CAS Annex B4 -Key Economic Indicators - page I of 2 1995 1996 Actual 1997 1998 1999 2000 2001 Estimate 2002 2003 Projected 2004 2005 1000 1000 1000 1000 100.0 1000 1000 1000 1000 1000 1000 84 78 74 68 54 59 60 61 60 61 Indusry 28 1 27 7 27 6 27 9 26 3 260 25 0 28 0 28 3 28 1 28 5 Services 63 6 64 5 65 0 65 3 68 3 681 69 0 66 0 65 7 65 9 65 4 Total Consumption Grossdonesticflxed investient Governmentinvestment Private investment (Includes mcrease in stocks) 84 7 135 84 9 140 84 8 144 84 9 152 861 14.5 87 0 13.2 87 8 12.1 85 2 104 85 6 90 86 5 83 84 9 79 39 9.7 35 10.5 36 10 8 42 110 43 10 2 35 97 37 85 24 80 24 6.6 24 58 25 55 Exports (GNFS)b Imports (GNFS) 19 0 191 19 7 19 9 20.5 20.5 19 9 20.6 18 0 19 3 20 0 21.0 18 6 19 9 23 5 20 2 27.4 23 0 27 4 23 0 28 3 22 0 Grossdormesticsavings 153 151 152 151 139 130 122 148 144 13.5 151 Gross national savtngs 13 7 13 7 13 8 13 8 12.4 116 10 5 12 1 11 2 101 10 8 193 51200 20.5 57800 21.7 66000 224 66400 209 63200 201 61200 187 56500 123 49797 110 4557 1 118 41809 Real annual growth rates (%. calculated at 1993 pnces) -1 4 Gross domestic product at market pnces -1 2 Gross Dofestc Income 56 6.2 50 47 4.5 41 -2 8 -2 9 -I4 -0 8 -3 1 4 5 -11 0 -18 6 -2 0 -3.5 4.5 31 40 -3 1 Real annual per capita growth rates(*, calculated at 1993 prices) 48 -2 2 Gross domestc product at market pnces -3 9 71 Total consumption -4 4 75 Pnvate consumption 43 47 51 38 57 60 -3 6 -20 -2 3 -2 2 -2 1 -2 3 -3 8 -3 2 -3 4 -11 7 -20 7 -21 8 -2.6 -6.0 -5 5 40 49 63 35 33 31 Indicator National accounts (%of GDP) Grossdomesticproduct Agncultrwe Memorandum items Grossdomesicproduct(US$bn,tcurrentspnces) Gross national product per capita (USS, Atlas method) 6.0 131 4052.3 Balance of Payments (USSm) 5 3507 2148 3848 2449 4210 2793 4136 2829 3478 2291 3658 2384 3272 2144 2887 1873 3017 2023 3247 2208 3708 2411 Imports (GNFS) Merchandise FOB Resource balance Net cufrent transfers (including official current transfers) Current account balance (after official capita grants) 3568 2711 -62 76 3974 3135 -127 83 4390 3498 -180 74 4471 3601 -335 67 3997 3186 -519 50 4172 3311 -514 43 3675 2911 -403 43 2492 1900 395 38 2528 1919 489 38 2728 2091 519 39 2879 2217 829 41 -213 -233 -298 453 -502 -532 -475 103 170 157 304 Netppnvate foreign direct investment Long-term loans (net) Other capital (net, including errors and onussions) Change in reserves\d 157 113 155 238 285 319 128 133 138 144 524 136 88 184 555 4 2175 -1501 446 -3877 0 660 0 -48 0 -748 Exports (GNFS) Merchandise FOB 5 Memorandum items Resource balance (%of GDP at current market pnces) Annual growth rates Merchandiseexports(FOB,US$bn) Pnmary Manufactures Merchandise imports (CIF, USS bn) 137 187 78 374 -133 723 -207 -209 -144 -330 -362 -9 -303 -518 3200 -963 -247 301 -0 3 -0 6 -0 8 - 5 -2.5 -2 6 -2 2 32 44 44 63 101 176 2.6 29 13.8 179 92 15 9 137 131 144 11 8 16 16 16 25 -192 -176 -212 -11 9 26 -1.5 78 32 -102 -116 -85 -11 7 -91 -91 -91 -37 9 80 8.0 80 10 92 92 92 90 92 92 92 60 (C.rnwdI Page 94 URUGUAY Indicator Public finance (%of GDP) Current revenues Currentexpenditures Current account ssrplus (+) or deficit (-) Capital expenditure Foreignfinancing - Key Economic Indicators page 2 of 2 1995 1996 Actual 1997 1998 1999 2000 2001 Estimate 2002 2003 Projected 2004 27 4 277 -0 3 27.4 280 -0.6 280 282 -0 2 30 4 296 08 30.3 320 -18 29 4 318 -24 29 2 32.4 -3 3 29 1 333 -4 2 29 2 307 -15 29 0 310 -20 28 9 304 -15 39 06 35 1.5 36 17 4.2 12 4.3 -1.3 3.5 0.8 3.7 10 24 1.1 2.4 -16 24 20 25 -16 377 390 I I 386 366 12 396 284 12 439 268 11 490 13 1 0.8 512 72 35 596 190 10 644 139 10 550 98 10 531 177 10 501 69 10 1313 91 3 1438 1572 -4 0 42 2 41 0 127.4 917 1390 1604 -0 2 28 3 26 4 1250 91 7 1363 1688 4 3 19 9 19 3 1240 86 0 1441 1721 43 10 8 94 115.2 88 6 130.0 1780 8.6 56 42 1135 93 0 1221 1789 73 48 40 1079 84 2 1281 1772 10 0 43 5.6 1089 81 6 1334 1213 321 13 9 18 5 1089 83 3 1308 1063 90 29 5 31 2 1122 83.3 1347 1111 90 17 7 16 6 1156 83 3 1388 1160 90 69 92 2005 Monetary indicators M2JGDP(atcufrentmarketpnces) GrowthofM2(%) Pnvate sector credit growth / total credit growth (*) Price indices( 1993 =100) Merchandiseexportprnceindex Merchandise import pnee index Merchandisetermsoftradeindex Realexchangerate((USS/LCU)f Real interest rate Consumer pnce mdex (%growth rate) GDP deflator (%growth rate) ae estunawedat factor costa footnoote indicating dinsfact should be added . If GDP components b GNFS' denous 'goods and nunfactot saevices cIncludes net unrequted ruansfeas exludiang official capd grants d tncludes aaeof IMF resourees Should indicatedhelevel of thegovernment to which the data refer in US5/LCU denotes appreciation f*LCU" denotes 'local cunency untms An mcrease Page 95 Annex 7: KEY EXPOSURE INDICATORS CAS Annex BS -Key Exposure Indicators Key Exposure Indicators -Unaguay 1995 Indicator 1996 Actual 1997 1998 page I of I 1999 2000 2001 Estmate 2002 2003 Protected 2004 2005 8415 8585 8725 9323 9108 8895 8937 10690 11892 12251 11959 Net disbursements (US$mn)' 3341 170 140 598 -214 -213 42 1753 1202 359 -292 Totaldebtservice(TDS) 818 641 686 1119 1006 1157 1217 1415 1953 1906 2577 Total debt outstandingand disbursed (TDO) (US$mn) (USSmn) 5 Debt and debt service indicators (%) TDO/XGS' TDO/GDP TDSIXGS ConcessionallrDO DBRD exposure indchators (%) f IBRDDS/pubhcDS Preferred creditor DS/pubhc DS (%)c 1BRDDS/XGS 219 41 21 204 40 15 211 39 17 268 45 32 249 45 27 272 48 35 310 73 42 354 97 47 366 100 60 330 94 51 301 85 65 152 183 153 95 112 74 41 141 153 136 104 21 18 20 41 25 48 30 536 467 403 475 476 552 544 35 703 37 915 39 987 31 985 05 0 04 0 04 0 04 04 0 04 0 04 04 0 0 06 0 07 0 07 0 IFC(USSm) Loans Equilty and quasi-equity f 23 16 7 23 16 7 25 18 7 30 13 17 27 10 17 19 6 13 18 6 12 MIGA MIGA guarantees (USSm) 0 0 0 38 0 35 5 35 5 20 5 IBRDTDO(US$m)' Of wluch present value of guarantees (US$m) Share of IBRD portfolio (%) IDA TDO (US$m) a Includes public and publicly guaranteed debt, extemal liabilites of the financial system. pnvate nonguaranteed, use of IMF credits and net shorttesni capital Source Central Bank of Uruguay and bank staff esuimates b "XGS" denotes expots of gods and serces,mincluding wkrers' renauttunes c Preferred creditors are defined as IBRD, IDA. the regional multilateral development banks. the IMF. and the Bank for Internatnonal Settleents d Escludes prsent value of guarantees e Includes eqinty and quasi-equity types of both loan and eqwty instruments fSpecified on a calendar year basis Page 96 0 Annex 8: URUGUAY-FUND RJELATIIGNS (As of January 31, 2003) I. Membership Status: Joined March 11, 1946; Article vm Financial Relations II. General Resources Account: Quota Fund holdings of currency m. SDR Department: Net cumulative allocation Holdings IV. Outstanding Purchases and Loans: Stand-by arrangements V. In millions of SDRs In percent of Quota 306.50 1,625.31 100.0 530.28 In millions of SDRs Percent of Allocation 49.98 18.16 100.0 36.34 In millions of SDRs In percent of quota 1,318.80 430.28 Financial Arrangements: Type Stand-by Of which SRF Stand-by Stand-by Approval Expiration Date Date 4/01/02 6/25/02 5/31/00 3/29/99 3/31/04 8/08/02 5/31/02 3/28/00 SDR Millions Amount Amount Approved Drawn 2,128.30 1,111.70 128.70 128.70 150.00 150.00 70.00 0.00 VI. Projected Obligations to Fund: (Obligation Basis) (SDR millions; based on existing use of resources and present holdings of SDRs): 2003 Principal Charges/interest Total 185.80 43.59 229.39 Page 97 Forthcoming 2004 2005 2006 2007 226.63 566.50 339.88 36.91 35.45 20.19 5.02 36.91 262.08 586.69 344.90 Nonfinancial Relations VII. Safeguards Assessment: Under the Fund's safeguards assessment policy, the Central Bank of Uruguay (CBU) is subject to a Safeguards Assessment with respect to the Stand-By Arrangement that was approved on April 1, 2002 and considered for augmentation on June 24, 2002. An assessment of the CBU's extemal audit mechanism to determine whether the CBU publishes annual financial statements that are independently audited in accordance with internationally accepted standards was completed on October 19, 2000. In June 2002, an on-site safeguards assessment was completed. The assessment identified a further need to improve the external audit mechanism, including providing for an independent audit committee to oversee this process, and to conduct an external audit of the FSBS. VIH. Exchange Rate Arrangement: The currency is the Uruguayan peso (Ur$). Since November 2, 1982, Uruguay has followed a crawling peg system within a band whereby the Central Bank announces periodically its intervention buying and selling rates. The peso was floated on June 20, 2002. On January 31, 2002, buying and selling interbank rates for the U.S. dollar, the intervention currency, were Ur$28.35 and Ur$28.40 respectively. Uruguay's exchange system is free of restrictions on payments and transfers for current international transactions; there is no parallel market for foreign exchange. IX. Article IV Consultation: The 2001 Article IV Consultation was concluded by the Executive Board on February 14 (EBS/01/17). Uruguay is on the standard 12-month cycle. X. FSAP participation, ROSCs, and OFC Assessments: The ROSC-module on fiscal transparency was published on March 5, 2000. A ROSC-module on data dissemination practices was published on October 18, 2001. The authorities have requested participation in an OFC assessment for early 2002. The FSAP exercise started in November 2001; its completion has been delayed until the situation stabilizes. XI. Technical Assistance: A STA mission on money and banking statistics took place in March 1999. A multisector STA mission took place in November 1999 which developed an overall action plan for statistics management in Uruguay, including detailed recommendations for bringing Uruguay's data dissemination policies and practices into line with the Fund's SDDS. Technical assistance in the areas of tax and customs administration had been provided by the FAD in 1996. In June 2000 and May 2001, FAD provided technical assistance in the area of quasi-fiscal activities in the public sector. In December 2001, STA provided technical assistance to help Uruguay subscribe to the SDDS. In September 2002, FAD provided technical assistance in the areas of tax policy and revenue administration to prepare a comprehensive tax reform. XII. Resident Representative: Mr. Andreas Bauer Page 98 Annex 9: STATUS OiF BANK GROUP OPERATIIONS CAS Annex B8 - Uruguay Operations Portfolio (tBRiIvDA and Grants) As Of Date OV228I20O3 Closed Projects 41 Total Disbursed (Active) of which has been repaid Total Disbursed (Closed) of which has been repaid Total Disbursed (Active +Closed) of which has been repaid CD 405 30 30 21 1,302 72 1,103 46 1,708,015,922.42 1,133,675,016 18 Total Undisbursed (Active) 279.74 Total Undisbursed (Closed) 0 00 Total Undisbursed (Active +Closed) 279,744,643 03 Difference Between Active Proieta Expected and Actual iast PSR '0 Oeetimes on Irie Disbursemantad Orisinal Amount in USS Milliono Suporvlsion Reting Fiscal Year Orig. Cancel. Undisb. 5 39 58570537 44 58570537 6 5.60254805 083588138 645 09001893 09001893 IBRD IDA GRANT Project ID Project Nrna P063383 APL OSE MOD&REHAB S S 2000 27 P039203 FOREST PROD TSP S U 1997 76 P070058 PUBLIC SERVICES MODERNIZATION TA S S 2001 P049267 TRANSPORTII S S 1999 P077172 UR Structural Adjustment S S 2003 151 52 50 P074543 UYFOOT&MOUTHDISEASE-ERL S S 2002 185 638321976 -12.11676591 S 1996 125 5895466348 5895466348 -5152 2 14174952 P008177 UYPOWERTRNMSN&DISTR S 24 73 1976333333 P080263 UYSSAL S S 2003 15152 50 P070937 UY- Basic ED3 S S 2002 42 40 57174952 P041994 UY-Baslc Ed 2 S S 1999 28 301656755 2 60656755 279 744643 -35 36867598 Overall Result a Intended disbursements to date minus actual disbursements to date as projected at appraisal 690 04 5 Frm Rev'd Annex 10: STATUS OF BANK GROUP OPERATIONS CAS Annex B8 (IFC) for Uruguay Uruguay Statement of IFC's Held and Disbursed Portfolio As of 01/31/2003 (In US Dollars Millions) I FY A roval 1985/92 2001 2002 1995 1991 1980/86/88/95/2003 2001 Total Portfolio Company Azucitrus Banco Montevideo Conaprole Consorcio Aerop. Granja Moro Surinvest Umontevideo Held Disbursed Loan Equity Quasi Particj Loan Equity Quasi Partic 0.57 3.45 0 0 0.57 3.45 0 0 0 9 9 0 0 9 9 0 20 0 10 0 5 0 10 0 1.6 0 4 1.82 1.6 0 4 1.82 1.78 0.75 0 0 1.78 0.75 0 0 3.01 1.79 1.93 0 3.01 1.79 1.93 0 5 0 0 0 3.3 0 0 0 31.96 14.99 24.93 1.82 15.26 14.99 24.93 Approvals Pending Commitment Approval Date Loan Equity Quasi Partic Pipeline Projects - Pending Approval Loan Equity Quasi Partic ABN Trade 20 0 0 80 BKB UruguayTTF 10 0 0 20 Page 100 1.82 Uruguay at a glance Uruguay Lain America &Carib. UpparmiddiaIncome 3.4 5,790 195 516 3.680 1,895 647 4,620 2,986 0.7 1.2 1.6 2.3 1.3 2.0 POVERTY and SOCIAL 2001 Population, mid-year (millions) GNI per capita (Atlas method, US$) GNI (Atlas method, US$ billions) 3/7/03 Davalopment diamondr Life expectancy Average annual growth, 1995-01 Population (%) Labor force ('Y) GNI ~ per capita Most recent estimate (latest year available, 1995-01) ~ -- Gross pnmary enrollment Poverty (%of population below national poverty line) 91 74 15 Urban population (%of total population) Life expectancy at birth (years) Infant mortality (per 1,000 lve births) Child malnutrition (%of children under 5) Access to an improved water source (%of population) .. 98 Illiteracy (%ofpopulabon age 15+) Gross primary enrollment (%of school-age population) 76 69 28 Access to Improved water source 87 2 12 10 109 113 107 109 108 Male Female 75 70 30 9 85 . .. -Uruguay Upper-middle-income group 106 105 KEY ECONOMIC RATIOS and LONG-TERM TRENDS 1981 1991 20S0 2001 GDP (US$ billions) 11.0 112 20.1 18.7 Gross domesOc investment/GDP Exports of goods and services/GDP Gross domestic savings/GDP Gross national savings/GDP 21.4 15.2 17.6 17.0 15.1 20.7 18.0 15.6 14.0 20.0 13.0 11.6 13.4 18.6 12.2 10.5 Current account balance/GDP Interest payments/GDP Total debtlGDP Total debt semce/exports Present value of debttGDP Present value of debt/exports -4.2 20 197 16.2 0.4 4.2 37.4 17.2 -2.7 4.2 44 3 37.0 -2.5 5.0 479 41.9 Econom3c ratiosa Trade Ivsmn Investment Domesbc savings s .. . Indebtedness 1981-91 1991-01 2000 2001 201-05 1.4 0.8 4.4 2.6 1.8 4.8 -1.4 -2.2 6.4 -3.1 -3 8 -8.8 -1.5 4.9 02 1981 1991 2000 2001 11.8 32 2 23.5 56.1 8.1 341 27.1 57 8 59 26.0 16.1 681 60 250 156 69 0 68.0 144 701 12.0 73 8 132 74 4 13.4 19.0 17.9 210 19 9 1981-91 1991-01 2000 Agnculture 0.4 16 -3 0 -51 Industry 09 0.6 -23 -566 0 5 0 (average annual growth) GDP GDP per capita Exports of goods and services UNguay Upper-middle-income group STRUCTURE of the ECONOMY of GDP) (%6 Agnculture Industry Manufactunng Services Private consumption General govemment consumption lmports of goods and services 2001 Growth of Investnont and GDP f%) 2 T '* o 98 _GD1 1 14 -0.4 -2.1 6.2 Services 1.9 3.7 0.8 -1.8 Pnvate consumption 1.7 3.9 -1.6 -2.7 5 1.8 -2.9 2.4 2.1 3.0 7.1 -0.3 -13.0 0.1 -1.3 -7 7 -7 7 l10 General govemment consumption Gross domestic investment Imports of goods and services 98 - GDP Growth of exports and imports (%) (average annual growth) Manufactunng 97 .20 T_ 98 97 -Expons +=Imports Note 2001 data are preliminary estimates The diamonds show four key indicators in the country (inbold) compared with its income-group average. I data are missing, the diamond will be incomplete Page 101 Uruguay PRICES and GOVERNMENT FINANCE Domestic prices (%change) 1981 Consumer pnces Implicit GDP deflator 0.0 27.3 1991 2000 2001 101.1 100.8 4.8 4.0 4.3 5.6 Government finance Current budget balance Overall surplus/deficit (o ) _ 20 10 (%of GDP, includes current grants) Current revenue Inflati 50 0 .. .. .. 32.5 29.4 29.2 4.8 1.2 -2.4 -3.9 -3.3 -4.0 1991 2000 2001 Export and import levels (USS mill.) 2,295 701 257 1,057 3 46 316 462 973 2,060 517 292 967 3061 8 279 469 824 4o.oo 3.s00 86 102 85 82 92 89 97 98 GDP deflator 98 99 0O 01 OCPI TRADE 1i981 (US$ mi/hlons) Total exports (fob) Meat Vegetables Manufactures Total imports (cfl. Food Fuel and energy Capital goods . .. 1.605 376 207 798 1,636 119 232 530 Export pnce index (1995=100) Importpnce index (1995-100) Terms of trade (1995=100) .. . . 93 90 103 .. .. .. .. 3.000 2.,00 2,0o0 1*000 soo 0 95 98 97 98 99 *Exports 00 01 mImports BALANCE of PAYMENTS (US$ millions) 1981 1991 2000 2001 Exports of goods and services Imports of goods and services Resource balance 1,701 2,098 -397 2,201 1,966 235 3,658 4,172 -514 3,272 3.675 -403 -74 10 -232 40 -61 43 -115 43 Net income Net current transfers Cunrent account balance to GDP (%) 0 Current account balance -461 42 -532 475 *2 Financing items (net) Changes in net reserves 495 -34 -270 228 835 993 -30 8 _ 811 1.08E-2 976 2.0 2,823 11.8 3,341 12.8 1981 1991 2000 2001 2,174 70 4,189 407 8,895 552 8,937 544 0 0 0 0 Memo: Reserves including gold (US$ millions) Conversion rate (DEC, local/US$) EXTERNAL DEBT and RESOURCE FLOWS (US$ millions) Total debt outstanding and disbursed iBRD IDA Composition of 2001 debt (USS mill.) Total debt service IBRD IDA 298 16 0 419 70 0 1,653 176 0 1,731 100 0 Composition of net resource flows Official grants Official creditors Pnvate creditors Foreign direct investment Portfolio equity 0 .5 358 49 0 7 141 -138 0 47 0 193 510 285 191 0 152 852 319 744 Disbursements 70 6 Pnncipal repayments Net flows Interest payments Net transfers -2 7 -9 65 81 42 39 28 11 108 141 61 80 36 44 6 58 65 -8 42 -50 World Bank program Commitments 8 Development Economics A 544C 161 G2,685 - - h D 6 294 -E4 -r F 6,122 A- IBRD B -IDA C - IMF D -Other multilateral E -Bilateral F -Prtvate G -Short-term 3/7/03 Page 102 _ ,- r g . - . _H2 IF @P,aoi No.: A PA Typs: 0 25012 U UR