MAIN THEME: HEALTHCARE PPPs
Transcription
MAIN THEME: HEALTHCARE PPPs
Spring 2013 www.PPPMAGAZINE.com PPP Magazine PUBLIC-PRIVATE PARTNERSHIP | POLAND, EUROPE & WORLD picture: derived from www.sxc.hu : HEALTHCARE PPPs MAIN THEME picture: New Karolinska in Stockholm, source: Skanska PARTNER'S OFFER Register for any of the above PPP events with the IPPP2013 booking reference and save 25%! OPENING Editorial PPP meetings by: Adam Jędrzejewski, Editor in Chief, Institute for PPP, Poland T PPPs could be successfully applied: waste-to-energy, civic his issue of the "PPP Magazine" is because we all building and municipal car parks. The international taste of want to speed up (or actually speed uppp) with intro- the "PPP Magazine" we again owe Slovenia, where the 1st ducing PPPs into the sphere of public investment and ser- "Speed uppp Slovenia" took place only recently gathering vices, which in the times of public budget constraints all over 120 participants, Ukraine, which already for the second time the world are of genuine importance for all stakeholders. This runs "Speed uppp Ukraine", and this time also the Czech Spring has brought three "Speed uppp..." events, in Slovenia, Republic through providing an insight on its local PPP market. Ukraine and Poland, all trying to identify the main obstacles in developing PPPs locally and even if not tackle these then at least to show the possible solutions. Apparently it is not only about Slovenia, Ukraine and Poland as any market that is not yet making immense use of PPPs is most often facing similar kind of difficulties. This allows us to continue to believe that such meetings of PPP stakeholders as the "Speed uppp..." conferences are a good and valuable thing. Nevertheless, we did not manage to convince some of the important both public and private sector actors of the PPP market to be here with us, therefore please support us in bringing out the message to all parties involved: let us meet, let us talk and let us speed uppp. Opponents of the PPP industry meetings, one of which is also the 1st "Speed uppp Poland", might say that this is all waste of time and money as real results come only with real action, which is not what conferences are about. They are perfectly right only if there is no action then some inspiring events are required in order to stimulate relevant stakeholders to take action - mainly government officials, those so easily declining all possible kinds of invitations to discussion stating that they have much more important thinks to do and that their diaries are already full. Fortunately, there are also such government officials who are aware of PPPs and willing to take the challenge of discussing these - those individuals you will be most likely able to meet on one of the "Speed uppp..." events. Tra- The main theme of this edition of the "PPP Magazine" is the ditionally much more interested in PPPs are the representatives healthcare sector and how the PPP approach can contribute of local authorities and of course the private sector, which is to this fragile area of public services, which topic will be looking to stay in business in these tough economic times. covered from a different angle in a series of three articles. The "know-how" section of the magazine will meanwhile also I wish you a fruitful reading of the "PPP Magazine's" Spring edition, and above all - successful meetings and discussions. touch upon some other areas of public services, in which Partners of this publication: PPP Magazine Spring 2013 3 TABLE OF CONTENTS Table of Contents MAIN THEME: Healthcare PPPs PPPs in the healthcare sector Marcin Bejm ........................................................................... p.5 New Karolinska Solna (NKS). PPP Success. Gary Fabbri ................................................... p.7 PPPs in relation to Health Protection sector Michał Kania ................................................... p.10 KNOW-HOW: Importance of stakeholder engagement on PPP projects John Seed, Dominika Nowosińska ......... p.16 Green building in the times of crisis Marcin Iwaszkiewicz ...................................................... p.20 PPP experience in Poland Małgorzata Hejduk, Frederico Nunes, Marcin Podlecki ....................... p.22 PPP solution to waste management Jan Szczygielski ............................................................ p.25 INTRODUCTION TO PPP MARKETS: Insight: Czech Republic Vladimir Sloup ...... p.27 Report: 1st "Speed uppp Slovenia" Nina Krese ...................................................................... p.29 Update on PPP development in Ukraine Irina Zapatrina ........................................................ p.34 SPEED UPPP: networking & development "Speed uppp..." conferences are meetings of the PPP industry in different countries aiming at speeding up development of PPPs. "Speed uppp..." conferences so far: 1st "Speed uppp Ukraine", 23-24th April 2012, Kyiv, President Hotel**** 1st "Speed uppp Slovenia", 7-8th March 2013, Bled, Grand Hotel Toplice***** "Speed uppp..." conferences in April 2013: 2nd "Speed uppp Ukraine", 11-12th April 2013, Kyiv, President Hotel**** 1st "Speed uppp Poland", 24-25th April 2013, Warsaw, Palace of Culture and Science About the Issuer and this publication Issuer: Institute for Public-Private Partnership Remark: This publication is a conference ma- Disclaimer: The issuer does not return unsoli- LLC, 5 Kopernika st. Błonie 05870, Poland, terial of the "Speed uppp..." conference se- cited materials and reserves the right to edit T: +48 (22) 435 95 02, F: +48 (22) 482 10 50, ries, in particular "Speed uppp Ukraine" of 11- and shorten them. The issuer is not responsi- E-mail: [email protected] 12th April 2013 and "Speed uppp Poland" of 24 ble for the content of advertisements. Editor in Chief: Adam Jędrzejewski 4 PPP Magazine Spring 2013 th -25 April 2013. Pictures: partially derived from sxc.hu MAIN THEME: HEALTHCARE PPPs PPPs in the healthcare sector by: Marcin Bejm Counsel at Clifford Chance, Warsaw T challenges should automatically translate into a growing he demand for healthcare services and infrastruc- number of PPP projects implemented in the healthcare ture steadily grows everywhere in the world. Global sector. healthcare is going through a time of sudden change as the population ages, a list of lifestyle diseases expands and demand for high quality affordable care increases. According to PwC estimates, by 2020 the OECD and BRIC (Brazil, Russia, India, China) nations will spend EUR 3 trillion on healthcare infrastructure and EUR 54.5 trillion on healthcare services. These huge funding needs will not be met unless new funding sources are found. In addition, the As to the rule, healthcare PPP projects worldwide, related to the construction and maintenance of the hard infrastructure and supply of medical equipment, do not involve the provision of healthcare services by private partners (with an exception regarding Spanish healthcare PFI projects). If there was a requirement to provide healthcare services in those projects, this usually only concerned services with a strong technical element. governments in the OECD and BRIC countries will be pressured to effectively control and optimize the rate of public However, there are strong predictions that future healthcare spending on healthcare investments. Combination of these PPPs will be delivering far more than hospital and clinic PPP Magazine Spring 2013 5 MAIN THEME: HEALTHCARE PPPs ment was signed on 15 September 2011 by Żywiec Poviat and InterHealth Canada Limited for 30 years. The private partner is to be responsible not only for construction, dayto-day maintenance and management of the hospital, but also for the provision of healthcare services after they are taken over from the existing hospital. Żywiec Poviat is not obliged to compensate the private partner for the availability of the hospital. During the operational phase, the hospital would receive remuneration not from the Żywiec Poviat but in Project of the poviat hospital in Żywiec, source: Devereux Architects consideration for provision of healthcare services based on a buildings. Governments are increasingly looking to PPPs to contract concluded with the National Health Fund (the NFZ). solve problems relating to complex delivery of healthcare In Poland, contracts with the NFZ for the financing of services and inevitably, healthcare services delivery by a healthcare services may be concluded for no longer than 3 private partner will become integral to the new generation of years. Payment by the NFZ is by reference to the volume of PPPs. It will add an additional layer of difficulty and com- service provided (e.g. patients treated, procedures carried plexity to healthcare PPP projects. Spain is now experi- out etc.). There is no minimum guaranteed payment or ca- menting with a new healthcare PPP scheme (a public spon- pacity/availability payment under the contracts with NFZ. sor, using PPP formula, commissions at the same time There are no binding forecasts that would determine the healthcare infrastructure and healthcare services from two minimum scope of healthcare services that should be con- different SPVs). tracted by the NFZ from a given hospital in a certain period Current global trends are also visible in Poland. By the end of 2016, all hospitals in Poland must be brought into line with EU technical and sanitary standards. Added to the necessity of optimizing hospital infrastructure (e.g. many hospitals in Poland currently are housed in several separate buildings), the value of the necessary investment in the sector over the next few years could be at least EUR 1.5 billion. In the next few years, attempts to optimize the operating costs of hospitals and the necessity of modernising them will be an incentivizing factor for hospitals' owners to implement PPP projects. of time based on demographic data or historical demand. When a contract with the NFZ expires, there is no guarantee that another will be concluded. Therefore, the decisions of the NFZ relating to the conclusion of subsequent contracts with the new hospital in Żywiec and the scope of these contracts will be completely discretionary. In addition, the NFZ is not politically proximate to the Żywiec project (under the existing system, the NFZ is not responsible for investments in the healthcare sector). This situation introduces additional political, organisational and financial risks to the project. Although the Żywiec project commercially closed in So far, four PPP agreements have been concluded in the 2011, it has still not reached the financial close. This could healthcare sector in Poland. They concerned a poviat hos - result from the specific allocation of risks in the project, or pital in Żywiec, a hospital in Jaworzno (two agreements) could be a consequence of lenders' aversion to financing and a welfare and healthcare centre in Kobylnica. Apart hospital PPP projects in Poland not based on an availability from the project concerning the poviat hospital in Żywiec payment scheme. (with a value of over EUR 50 million), the value of the other three PPP projects in this sector was minor and did not exceed EUR 1 million. Despite the Żywiec Project's problems, approximately 15 healthcare PPP projects are now being prepared in Poland. This means that during the next 1-2 years Poland will have The project in Żywiec concerns the design, construction and a real potential to become a robust healthcare PPP market. supply of equipment to a new poviat hospital. The hospital is to have a usable area of approx.18,000 m2 and 390 beds. The value of the investment outlay during construction is to be approx. approx 35 million EUR. The value of hospital equipment is to be approx. EUR 17 million. The PPP agree- 6 PPP Magazine Spring 2013 Marcin Bejm Counsel at Clifford Chance, Warsaw MAIN THEME: HEALTHCARE PPPs New Karolinska Solna (NKS) PPP Success by: Gary Fabbri for N ew Karolinska Solna (NKS) is the world’s largest PPP hospital. It is Sweden’s first PPP building, and has high green aspirations, targeting LEED Gold certification. This public-private-partnership (PPP) between the Stockholm County Council and Swedish Hospital Partners comprised of Skanska and Innisfree will finance, build, operate and maintain the new hospital until 2040. ‘A big concern in a traditional procurement is that we don’t really know what the final cost will be once the project is un- picture: NKS Entrance Hall, source: Skanska contract alone is valued at SEK 14.5 billion. der way,’ says Stig Nyman, Commissioner, Stockholm County Council, ‘but by choosing a PPP we know the exact cost all the way until 2040 and that’s a strength for a public financed project of this size.’ The predictability of cost for the client is considered to be 100 percent in a PPP project. The client does not directly buy the building, the road or whatever the asset may be instead they buy the service and accessibility over a long period of NKS is Skanska’s largest project ever and the construction time and they pay a fixed unitary charge for that. picture: New Karolinska in Stockholm (NKS), source: Skanska PPP Magazine Spring 2013 7 MAIN THEME: HEALTHCARE PPPs The process ‘Traditionally you would do the project in stages,’ says Ulf Norehn, Managing Director, Swedish Hospital Partners. ‘You’ d go to an architect and then to an engineer and get a structural design and then you’d go to construction companies and get bids etc. In the PPP process you, as an ultimate client, get one party to find and manage all of those partners.’ ‘The project company or Special Purpose Vehicle (SPV) takes responsibility to provide a service, in the case of NKS, of project Finance at Skanska ID. ‘But the key elements remain the same - fixed price, fixed date for delivery and risk capital from the private sector at stake. That gives us the incentive to deliver and keep delivering for the duration of the concession. Return on our capital is a real incentive. If we don’t deliver we don’t get paid.’ ‘Historically, the private sector would arrange for all of the financing, but that has changed considerably over the last few years as the PPP model has developed.’ it comes in the form of hospital buildings that are maintained It’s still typical for a SPV to invest at least 10 percent risk for 30 years to a high standard. Included in the scope is also capital, the rest financed through bank loans or bonds but if a wide range of soft services such as cleaning, building a client has money or can borrow money cheaper and wants maintenance, logistics, etc.’ to take part in the financing that’s great,’ says Thomas. Clients rely on the project company to find the best innova- ‘When we started NKS we planned on borrowing about 20 tive solutions in terms of design and construction and to op- billion SEK and we ended up sourcing financing for half of timize life cycle costs. that. The Stockholm County Council financed the other half.’ Contracts were signed and closed in record time for NKS - ‘Transparency and open books are essential in PPPs,’ says Prequalification December 2008, Tender Release 31 March Thomas. ‘We work together with the client to find the best 2009, Tender Submission 30 September 2009, Letter of In- solution for the community. The end users in PPP projects tent December 2009, Negotiations January to May 2010, Fi- are, after all, people like you and me.’ nancial close 30 June 2010. ‘Sometimes it can move fast,’ says Thomas. ‘It’s all about having the right partners.’ How do you recognize a PPP when you see one? ‘They all look different nowadays,’ says Thomas Rywe, Head Payment, Cost and Value ‘The client doesn’t start to pay until a service is delivered,’ says Ulf. ‘There is an agreed unitary charge and the client pays that sum every month. If for some reason they don’t receive the full service, if a room is not available, or if something has not been cleaned completely deductions are made. FACTS Client: The Stockholm County Council Project company: Swedish Hospital Partners (Skanska and Innisfree) Builder: Skanska Construction contract: SEK 14.5 billion (approx. EUR 1.7 billion) No. of people involved in construction: approx. 2,000 Completion date: In phases 2016 – 2017 picture: NKS Academic mall, source: Skanska 8 PPP Magazine Spring 2013 MAIN THEME: HEALTHCARE PPPs FACTS Area: 320,000 sq m Floors: up to 12 Rooms: approx. 10,700 Beds, inpatient care: 550, plus a 100-bed patient hotel Operating rooms: 36 Radiation therapy rooms: 8 Out-patient clinic rooms : approx. 168 picture: NKS Heliport, source: Skanska The list of possible deductions is extensive and weighted in terms of importance. If an operating theatre is not available, for instance, the deductions are quite severe. If a single toilet is not in operation the deduction is lower.’ ‘PPP projects are not more expensive to build or operate than traditional projects. When you look at the total cost over the life of the project they may even be lower,’ continues Ulf. ‘But communication is important. Sometimes we communicate the construction cost. Another number that is communicated is the cost over the lifespan of the building. It is essential to understand that in a PPP project the risk allocation is different compared to traditional delivery methods. By allo- Sustainable Green Thinking Sustainability is central to the NKS focus on patients. This means that everything from architectural plans to the operation of the completed hospital will be based on patients’ privacy, safety and comfort. The entire construction production is green, featuring environmental solutions for amenities such as transportation, waste management and energy supply. NKS will be one of the world’s first university hospitals to be environmentally certified. The goal is to achieve at least the gold level in the LEED international certification system and gold level in the Swedish certification system “Miljöbyggnad”. cating risks to the party best suited to manage them the costs for the project is reduced. Sharing knowledge ‘Life-cycle thinking is important. We have to maintain the ‘This is what we call a great One Skanska project,’ says facilities for 30 years because we are going to hand it over at Martine Gagnon, Portfolio Director, Skanska ID. ‘It’s the best the end of the concession. We have to change components of Skanska coming together. Skanska ID, Skanska Sweden, as they get old, damaged or worn out, to do that we build up Skanska UK and other Skanska divisions are working together a life cycle fund. We can’t let things deteriorate because we to make this a success. The worldwide experience, company have a contractual obligation to look after this building and values and synergies within Skanska help make it possible for we guarantee that it will be ’as new’ when we hand it back at our clients to trust us to do what we say we are going to do.’ the end of the concession period. ‘I think potential clients need to fully understand the process Future Proof Design and benefits when deciding on a PPP,’ concludes Ulf. ‘Find the right advisors with PPP experience to assess the potential ‘Typically the client has great influence on the design in terms of architectural appearance or form of the building,’ says Ulf Norehn. ‘In terms of hospitals, they are very influential and even have to take responsibility for the clinical func- project. Remember, we are not just building an asset, we are taking responsibility for a project over a long period of time. It’s a long-term relationship and it’s important to find the right partner.’ tionality, but all of the technical functionality, for instance the dimensioning of the cooling system, the ventilation or heat- Gary Fabbri for ing, etc are the responsibility of the SPV.’ PPP Magazine Spring 2013 9 MAIN THEME: HEALTHCARE PPPs PPPs in relation to Health Protection by: Michał Kania1, PhD, Faculty of Law and Administration, University of Silesia, Poland T sector here are high expectations for the implementation of the public-private partnership formula in Poland. This conviction has already accompanied the first law concerning public-private partnerships, passed in 2005 and, what is more, it is still valid at present, in light of the legal regulations that are in force and have been laid down by the PPP Act, passed on 19th December 20082, the Act on Concessions for Works or Services passed on 9th January 20093 and the Public Procurement Act passed on 29 January 20044. According to the legislature’s intention, the goal of the public-private partnership institution is to fulfill a wide range of public interest tasks through cooperation between public-private entities. Two main aims are to be achieved by the implementation of the public-private partnership institution into Polish law. This institution is to contribute, firstly, to savings on the part of public entities while guaranteeing that the quality of services provided in sectors such as transport, health and education will be high. Secondly, it should be of great help to use the knowledge and experience of private partners, which ought to ensure that services provided for the public interest will be more innovative. The provision of more innovative public services can be one of the fundamental advantages of public-private partnerships. What else is needed than delivering proper help on time? The aforementioned expectations also refer to the scope of the social infrastructure5. Health protection, which constitutes a socially sensitive sector of administrative proceed- ings, should be included in the earlier referred to scope. This troublesome area of public activity, which encumbers the 1 PhD, Faculty of Law and Administration, University of Silesia, Poland. The author of dozens of studies devoted to public and private partnerships. He has been conducting a series of meetings devoted to the popularization of public-private partnerships entitled PPP – Great Choice! 2 Dz. U. (Polish Journal of Laws) 2009, Issue 19, p. 100 3 Dz. U. 2009, Issue 19, p. 101 4 Dz. U. 2009, Issue 19, p. 177 5 On the topic of the implementation of PPPs in the sphere of social infrastructure, see: A. Jędzrzejewski: The presentation on the PPP market in the sphere of social infrastructure. PPP Forum. Public Investments Magazine. 3/2012, p. 6-9 10 PPP Magazine Spring 2013 MAIN THEME: HEALTHCARE PPPs entities of public administrations, ernized and exploited by this entity. evokes broad interest on the part of This option is quite rare. Notable ex- people responsible for their realization, amples can be found in Spain, Portu- potential gal and Australia7. private partners and beneficiaries of these activities. the The realization of the tasks, which pertains NEWS: Discussing Polish healthcare PPPs One of the sector panels during the 1st "Speed uppp Poland" conference will The current state of health protection be devoted to carrying out hospital with the implementation of PPPs PPP-type enterprises in Poland. It will to the scope of health protection while be held on the first conference day implementing the partnership formula, Within the scope of health protection is accompanied by both the hope that in Poland, there are a dozen planned the quality of services will improve by projects that are designed to introduce using the experience as well as the the formula of public-private partner- know-how of the private partners and ship. These projects include the mod- the fear of consigning these tasks to ernization and expansion of three hos - entities different than the ones that are pitals in Warsaw 8, the construction of generally thought to be related to the a new hospital for women and children state, including self-governments. At with floor space of about 40 thousand present, the main and dominating con- m2 in Poznan9, the expansion of the viction in Poland is that the implemen- Municipal Hospital in Gdynia, the con- tation of public-private partnerships struction of an integrated hospital in constitutes a necessity for the realiza- Bytom, the modernization of the Ne- "Healthcare PPPs" panel include i.a.: tion of enterprises pertaining to the phrology Department along with the Jakub Jędrzejewski, Deputy Head of health service, also by reinforcement dialysis unit at the Wojewódzki Szpital by way of the positive feedback and Zespolony in Kalisz (Provincial Poly - experience that stem from the actions clinical Hospital), the modernization of other countries of the European Un- and expansion of the historic Center Józef Kurek, Director of the Ja- ion6. International experience shows for Neuroses Moszna – the Castle in worzno Multidisciplinary Hospital, that a public-private Moszna. partnership in Proceedings concerning relation to health protection may as - public-private sume the shape of two fundamental health service sector have been an- models of solutions. Firstly, by enter- nounced ing into a contract to build and/or (provinces), and these are: Warmin- modernize as well as exploit a hospital sko-Mazurskie, where medical services are performed Podlaskie, Mazowieckie and Podkar- by a public entity. This constitutes the packie10. typical model of partnership in the The enterprise on the Lisickie Fields health sector around the world. Sec- that was undertaken in Żywiec within ondly, by entering into a contract with the scope of health protection consti- a private entity to perform medical tutes a flagship project. At the current services which are to be provided by stage of the enterprise, means for the the hospital built or, if need be, mod- financial closure of the project are in partnerships s ev en in the voivods hips Pomorskie, Śląskie, (Wednesday April 24th). Palace of Culture and Science in Warsaw (on the right), the venue of "Speed uppp Poland" The list of confirmed participants of the "Szpitale Wielkopolski" LLC, Paweł Pawłowski, Deputy Head of the Warsaw's Infrastructure Office, Krzysztof Przyśliwski, Head of the Łańcut Medical Center LLC, John Seed, Divisional Manager, Infrastructure Finance and Investment Division at Mott MacDonald, Marek Tobiacelli, Director of Energy Efficiency Solutions, Siemens Poland. Łańcut Medical Center Till March 18th potential private partners could submit their applications for a PPP tender proceeding. Head of the publicly owned company carrying out this investment confirmed us that two companies have answered the call for tenders - Warbud, 6 See: PPP in the systems of health protection in select countries around the world. (eds.) J. Kalecińska, I. Herbst. Warsaw 2011 7 Ibidem, p. 7 8 Approx. 250 million PLN 9 Approx. 500 million PLN 10 See: The report of the Kancelaria Doradztwa Gospodarczego (Economic Counseling Law Firm) Ćieślak & Kordasiewicz: Public and Private Partnership in the sector of health protection in Poland. Warsaw 2012, p. 4 mother company of which is the French VINCI, and the Austrian VAMED specializing in healthcare. PPP Magazine Spring 2013 11 MAIN THEME: HEALTHCARE PPPs being sought. It should be pointed out that the undertaking being realized in Żywiec has been done under the auspices complementary tasks is underway. Legal regulations of the Ministry of Regional Development. In compliance with the project, at the beginning of 2015, a modern hospital will At this point, the legal basis for the use of public-private be opened, the floor space of which will be 22 thousand partnerships in the health protection sector should be indi- m2. Outpatient clinics are also to function within the prem- cated. It should be noted that the act passed on December ises of this hospital. Plans for the introduction of a rescue 19th 2008 concerning the public-private partnerships does unit equipped with a helicopter landing pad are also under- not directly specify the public services which must be car- way. What is more, this institution is also supposed to be ried out within the scope of the partnership formula. In Ar- equipped with a complex “one-stop-shop’’ care center. ticle 2 Paragraph 4 of the act, the legislature has merely Thanks to this care center, a large number of researches specified and defined the notion of an enterprise. Pursuant can done, and the condition of health and treatment will to Article 2 Paragraph 4 of the Public-Private Partnership also be evaluated in one location, which guarantees time- Act, a project which can be carried out on the basis of a saving on part of both the patient and the medical staff. public-private partnership institution is defined as: (i) the Furthermore, the historic part of the old hospital, where the construction or renovation of a building, (ii) the provision of new center of geriatric services along with clinics for the services, (iii) the performance of a task, in particular equip- elderly as well as the long-term care unit and a complex of ping an asset with devices that increase its value or utility retirement homes and spa hotels will be located, will be or (iv) another service - combined with the maintenance or renovated11. management of an asset that is used to carry out a publicprivate partnership project or that is related to it. It should also be noted that there have already been successful contracts for public-private partnerships in the The subject of the possible cooperation initiated on the health protection sector. These include, first and foremost, basis of the Public-Private Partnership Act has been indi- the undertakings realized in Jaworzno. The object of one of cated within the doctrine and does not evoke any doubts. the contracts, concluded by way of an act on the conces - As indicated by A. Panasiuk, due to the nature of public sion for construction works or services for a duration of 15 entities, the subject matter of the partnership shall be the years Jaworzno provision of public services 12. However, M. Kulesza, M. Bit- (Wielospecjalistyczny Szpital), is a nephrology clinic along ner and A. Kozłowska suggest that from the perspective of with a dialysis unit. The contract establishes the right to the subject matter, the tasks that may be performed within exploit the object, in other words, the right to conduct on the scope of public-private partnerships may be any task its premises a business activity that includes the provision that is assigned to a public entity by law 13. The limits to the of medical services within the scope of the nephrology exploitation of public-private partnerships may constitute clinic and dialysis unit or a different activity that pertains to the public tasks that enter the sphere of imperious activi- this scope. Within the framework of the contract indicated, ties, the so-called imperium14. One should hold the view the licensee has assumed the duty of incurring any liabili- according to which the scope of public tasks that may be ties connected with the exploitation of the object, including realized in the form of public-private partnerships should be maintenance and performing any necessary renovations, explicitly specified to define the limits that stem directly from incurring the costs connected with utilities, real estate taxes the letter of law. as well as obtaining insurance on the object. Moreover, an partnerships in the health protection sector should thus enterprise concerning the rebuilding of the nursing home in arise from the normative regulations. Kobylnica into a Health Care Center and the provision of It is worth noting that the public tasks that pertain to health by the General Hos pital in Potential bans on using public-private 11 See: M. Pytlarz: PPP in the health services – case study. PPP Forum. Public Investments Magazine. 3/2012, p. 16-17 12 See: A. Panasiuk: The license for construction works and services. Public and private partnership. Commentary. Warsaw 2009, p. 295 13 See: M. Kulesza, M. Bitner, A. Kozłowska: The act on public and private partnership. Commentary. Warsaw 2006, p. 33 14 Ibidem 12 PPP Magazine Spring 2013 MAIN THEME: HEALTHCARE PPPs protection have been provided for in the regulations of the the realization of the goals that are set by a given norm)16. Constitution of Poland. In light of Article 68 Paragraph 2, In relation to the realization of tasks within the scope of the the citizens, irrespective of their economic situation, should health services, it may transpire that public-private partner- be guaranteed equal access to the services of health care ships constitute the appropriate form to guarantee due dili- financed by public means by the public authorities. This gence when it comes to the level of performance on the part regulation is characterized by a program norm, which of the public administration. The analysis made using the means that a goal should be set and it should be achieved public sector comparators – PSC – should lead to such by the addressee of the norms; there is, however, no direct conclusions. indication of required behavior in this norm – a means that should have been implemented. When discussing program norms, one refers to norms that bind the addressees by highlighting the sought-after goals and do not indicate any specified stages of the realization which should have been undertaken and that would refer us to the general and social knowledge of the addressees, based on empirical foundations 15. The program norms are characterized by the fact that they allow their addressees the choice of behavior (from a collection of behaviors that constitute the means for The de lege lata act passed on April 15th 2011 concerning the medical services and the regulation by the Minister of Health passed on November 10th 2006 concerning the requirements that should be met in terms of professionalism and the requirements for sanitary premises and facilities of the health care units have been of significant importance for the realization of the tasks in the scope of health service. The introduction of the act on the medical services into the Polish legal system has been deemed as spectacular. Thanks to its range, the regulation of this act encom- 15 See: P. Sarnecki: Program norms in the Constitution and their respective civil liberties (taken from) Six years of Constitution of Poland. Experiences and inspirations. A. Szmyt, L. Garlicki (eds.) Warsaw 2003, p. 253 16 See: T. Gizbert-Studnicki, A. Grabowski: Program norms in the Constitution of Poland (taken from) Character and structure of the norms of the Constitution. (eds.) J. Trzciński. Warsaw 1997, p. 102, M. Atienza, J. Ruiz Manero: Las Piezas del Derecho (Teoria de los enunciados juridicos). Barcelona 1996, p. 7 and et seq. PPP Magazine Spring 2013 13 MAIN THEME: HEALTHCARE PPPs passes almost the entire executive sphere of health ser- search in the area of medicine as well as foundations, as - 17 vices . This act should constitute the main pillar for a set sociations, churches and religious associations within the of laws that will reform the health protection sector in Po- scope of their medical activities. 18 land . The objective of adopting a law concerning the The regulations of the law provide for a departure from the medical services was, first of all, to put the way in which notion of a health care unit as the basic form of conducting medical services are rendered in order and to unify the legal an activity that includes the rendering of medical services. forms. Furthermore, the main objective of that legal act was According to the new legal regulations, the units of health to transfer medical services to the market and to improve care become enterprises of medical entities by the virtue of the management of the entire health sector through the the law while their status is regulated by the contents of widespread use of the model of public-private partnerships. Article 551 of the civil code. In compliance with the new act The introduction of the act on medical activity has pro- on medical activity, all new hospitals shall function as com- pelled, among others, changes when it comes to the status panies created according to the Polish commercial law or of units rendering medical services, which within the under- as budget entities. The transformation of units currently in standing of Article 3 Paragraph 1 of the act consists in pro- existence into companies will not have to entail their liqui- viding health services. In accordance with Article 3 Para- dation while the new entities shall assume the rights and graph 2, it may also consist in the promotion of health or duties of the enterprises previously in existence. The amor- the realization of didactic and scientific tasks in connection tization of public and legal liabilities serves to encourage with the provision of services related to health and its pro- these transformations. The entities that form companies will motion, including the implementation of new medical tech- receive a subsidy, by way of a settlement, equal to the nologies and methods of treatment. value of the amortized amounts or interest in relation to civil and legal liabilities and stemming from bank loans that In light of Article 2 Paragraph 1 Section 5, the entities that are due to be settled19. execute this type of activity have been divided into two groups. The first includes medical entities while the second Versions of cooperation pertains to persons who work professionally as medical In light of Article 4 of the Public-Private Partnership Act, if practitioners or nurses. The first group, which is of key sig- the remuneration of the private partner is constituted by the nificance for the realization of projects while using the for- right to derive benefits from the subject matter of public- mula of public-private partnerships, includes entrepreneurs private in all forms provided for the performance of business activ - partnerships or, beyond that, by the same right along with the payment of the monies, the choice of the ity, also individual public health care units, budget entities, private partner and the contract of public-private partner- institutes which conduct scientific and developmental re- 17 See: M. Dercz, T. Rek: The act on medical activity. Commentary. Warsaw 2011, p. 4 18 See: The statement of reasons for the act on medical activity (Dz. U. No 112, item 654). Document no. 3489 19 See: M. Blank, J. Kozak: The system of health protection in Poland (taken from) PPP in the systems of health protection in select countries of the world. (eds.) J. Kalecińska, I. Herbst. Warsaw 2011, p. 77 PPP CALENDAR (Save 25% with IPPP2013 booking reference) 3rd SEE PPP 3rd CEE PPP 2nd Annual PPP Infrastructure Forum Infrastructure Forum in Turkey Forum th 12-13 June 2013, Zagreb, Croatia. th 9-10 October 2013, Warsaw, Poland. 27-28th November 2013, Ankara, Turkey. Conference & training. Focus sectors Conference & exhibition. Country focus, i.a. Conference & exhibition. Sector focus: include transport, energy, environ- Poland, Czech Rep., Slovakia, Hungary, social infrastructure, urban projects, trans- mental and social Infrastructure. Romania, Ukraine, Baltic States, Belarus. port, healthcare, environmental projects. 14 PPP Magazine Spring 2013 MAIN THEME: HEALTHCARE PPPs ship shall require the application of the regulations of the law passed on January 9 th day exploitation of the building, in providing partial or full 2009, which concerns the li- equipment for the hospital along with medical apparatuses cense for the construction works and services within the and also in rendering medical services 23. The aforemen- framework that is not regulated by this act. In compliance tioned list is open and merely indicates how diverse pro- with Paragraph 2, in cases other than the ones specified in jects may be undertaken within the scope of public-private Paragraph 1, the choice of a private partner and the con- partnerships. The construction of a new hospital will be a tract for a public-private partnership shall require the appli- part of large-scale projects. The projects of equipping th hospitals with dialysis units and projects concerning the 2004 concerning the Public Procurement Law within the rendering of medical services in relation to the appliances scope that is not regulated in this act. provided for, which are currently being realized, belong to a cation of the regulations of the act passed on January 29 Thus, depending on the remuneration for the private partner, the act concerning the license for construction works 20 group of projects that do not require any financing24. Conclusion There are great expectations in Poland for the use of public-private partnerships. It is hoped that both public entities and private partners will be very interested in the possibility of cooperating on an institutional basis in order to carry out numerous infrastructure and service projects. The realization of projects connected with health protection when implementing the formula of public-private partnership may be very beneficial for the improvement of the standard of medical services in Poland. It is certain that the willingness to use the partnerships on a larger scale in the areas indicated here will be influenced by the difficult and services21 or the act on public procurement law 22 shall financial situation of the units of territorial government be applicable for the realization of the partnership in the which are forced to seek support from private investors with area of health services. As regards projects of partnerships the guarantee of access to health services. in the health service sector, the remuneration of the private The realization of the enterprises in the health protection partner may come from the public entity that takes part in sector instills fears in private partners in relation to a com- the public-private partnership projects, from payments mitment to long-term undertakings, because of the lack of made by patients, their insurance companies or from other any guarantee of concluding multi-year contracts with the sources, respectively. National Health Fund (NFZ)25. In practice, the projects of public-private partnerships shall Michał Kania consist in the building or renovation of a hospital, in providing services connected with the maintenance and day-to- 20 e.g. the enterprise that includes designing, making and equipping the SP ZOZ Polyclinical Hospital in Jaworzno with necessary installations that will enable the creation of the dialysis unit along with the nephrology clinic 21 e.g. the enterprise connected with the provision of stationary services within the scope of diagnostic imaging using a PET-CT scanner, examination using a magnetic resonance imaging apparatus (MRI) and computer tomography (CT) in Białystok 22 E.g. The choice of a private partner for the realization of the enterprise consisting in the construction and the exploitation of the Poviat (District) Hospital in Żywiec 23 See: M. Blank, J. Kozak: The system of health protection in Poland (taken from) PPP in the systems of health protection in select countries of the world. (eds.) J. Kalecińska, I. Herbst. Warsaw 2011, p. 77 24 Ibidem 25 The contracts concluded between the National Health Fund (NFZ) and the service providers are currently in a competitive process for a maximum of 5 years, with an annual need for annexing the scope and the contents of the contract. The National Health Fund cannot change the terms and conditions of the contract depending on whether the service provider is public or non-public PPP Magazine Spring 2013 15 KNOW-HOW Importance of stakeholder engagement on PPP projects by: John Seed1, Divisional Director, Mott MacDonald Infrastructure Finance & Investment Dominika Nowosińska2, Senior Consultant, Mott MacDonald O In the first place, Feasibility Studies are performed to as ne of the most important factors that determine sess demand for various treatment requirements for a given the success of a PPP project is whether the pro- population which helps to determine the hospital functional ject has achieved value for money. However, just as ‘beauty requirements. This is then translated into Project Specifica- is in the eye of the beholder’, value for money is determined tion for the hospital. These ‘output’ specifications will state by the satisfaction of the stakeholders with the cost and the Capital and Service requirements for the new facility. quality of the finished project. Many countries undertaking large PPP programmes across different sectors have understood the importance of stakeholder engagement. If a facility or asset on completion does not satisfy the key stakeholders (including the end user groups and staff that must work within the facility) then it is very difficult to justify that a project has achieved value for money. This has led to project failure and significant media criticism of administrations and governments re- Capital works Recent new build PPP hospitals have been constructed to provide a wide range of clinical services for their target communities. These tend to be ‘general’ hospitals rather than specialist hospitals and many of those built are also teaching hospitals. Consequently, new PPP hospitals tend to be large in size and complexity. Table 1 below contains a list of bed numbers by specialist department included in a large PPP teaching hospital in the UK recently. sponsible for such projects. Yet, it is still a common mistake made by the promoters of PPP projects to insufficiently engage the stakeholders throughout the development of the project. Good stakeholder 110 Ambulatory Care beds 100 Critical Care beds 110 Ambulatory Care beds engagement ensures initially that the success measures for a project are well defined and then ensures stakeholder ‘buy- 70 Acute Assessment beds in’ to the development of solutions that achieve those me- 40 Renal Dialysis beds asures. In this article we will explore the issues surrounding stakeholder engagement specifically in school and hospital PPP projects. Years of PPP experience have demonstrated that projects which achieve good stakeholder engagement 15 bed Burns Unit 30 Theatres Elective Surgery Centre generally cost less and take less time to procure and are better received by the end users and communities. MRI, CT, Ultrasound, Fluoroscopy & Angiography rooms Technical hospital PPP requirements A&E Centre The complexity of requirements for hospital PPP deve- Cardiac Centre lopment can be daunting for any administration embarking Oncology Centre on such a procurement programme. 16 PPP Magazine Spring 2013 Table 1. Typical facilities required for a hospitals PPP. KNOW-HOW Table 2. Contract services in a typical hospitals PPP Pharmacy Catering Waste management Cleaning Pest control Help desk Security Grounds and Gardens Linen Hospitality Facilities Management Services The 25-30 year operational contract common to PPP procurement normally includes the requirement for the private sector partner not only to maintain the hospital in a good functional condition so that it is ‘available’ at all times but also contains the requirement for the performance of ‘soft FM’ services such as catering, cleaning and security for example. In fact, hospital PPP procurements are renowned for containing the highest number of FM services requirements as demonstrated in the right hand Table 2 which details the FM services required in a recent Australian hospital PPP project. impossible to engage with every single person who is or may become such a Switchboard/telecom Reception stakeholder, it is normal following the Materials handling identification and classification exerci- Goods receipt/distribution se for the administration to seek out Portering stakeholder Car park management group representatives. These are key individuals who can represent the views of large groups of stakeholders and have been given the Estates maintenance Disaster recovery time and authority to get involved in Energy & utilities the PPP procurement from initiation Domestic services and Equipment concept development right through to construction completion. Crèche Typical schools PPP stakeholders Sterile services An example of a schools PPP shows just Ward services how many different stakeholder groups Typical schools PPP stakeholders With these capital and operational might require and active involvement in requirements in mind, it is important the development of such project (see for any administration to consider the figure 1 next page). Each of these gro- broad range of people that these de- ups will have different needs and inte- IPPP Newsletter tailed requirements will affect on a rest in the project. For example: The Institute for PPP in Poland has day-to-day basis. This exercise is known as stakeholder identification and classification. It is not unusual for stakeholder numbers on large hospi- Planning Authority will want to know what is being built and how this fits into the environment and community needs. tals to number in the thousands or NEWS: introduced a new free feature, that is available as of the beginning of 2013 at www.PPPinstitute.com. It is the English newsletter on the Polish PPP market containing in- even tens of thousands when end The Capital Government budget formation on recent developments, users and staff numbers are counted Holder will want to know how much valuable publications and worth to into this mix. Consequently, as it is the school will cost. attend PPP events. PPP Magazine Spring 2013 17 KNOW-HOW Figure 1. Typical stakeholders on a schools PPP. The Council Works Department will want to know that the facility will be built to their required standards. Parents will want high quality and safe facilities for their children that will enhance their education experience. Communities will want a facility that serves them well but for the minimum cost possible so there in money left for other community needs. What is stakeholder management then? Having identified and categorised stakeholders and then chosen suitable stakeholder group representatives, stakeholder management is the planning and enactment of the decision making process. If key decisions are made without the involvement of key stakeholders then they will feel disenfranchised and it will be difficult to re-engage with them later in the process. A key difficulty in this is ensuring that the stakeholder representatives: are given sufficient authorisation by their stakeholder groups/organisations to make quick decisions on their behalf have sufficient time to attend meetings and review documentation such that these decisions can be made in a timely fashion so as not to delay the procurement process whole engagement process between the project parties and This is why it is fundamentally important to plan the enga- stakeholders throughout the feasibility, procurement and gement process very carefully from the outset such that the construction stages of the PPP process. There are many engagement manager can advise each stakeholder repre- different approaches to this and several good project ma- sentative of the programme for their involvement, the deci- nagement tools and protocols that can be used but gene- sions they will be expected to have an involvement in and rally the engagement planning process starts with the how much time they will need to commit during each activi- development of the detailed programme for each procure- ty and at each key milestone. ment stage. Once developed and agreed between the ad- Guidance and Standardisation ministration and their advisors (and the private sector partner in later stages), those activities that involve decision PPP as a procurement model has been practiced now aro- making of any kind should be carefully analysed to assess und the world for more than 20 years. Consequently there is if any or all stakeholder groups should be involved in that a large amount of guidance and best practice available 18 PPP Magazine Spring 2013 KNOW-HOW produced by governments that have developed large PPP ble on processes and techniques that can be easily adopted and PFI pipelines of work. Much of this contains recom- to suit new PPP projects in Poland. But such stakeholder mendations on stakeholder engagement and management. processes must be adopted from the very outset of new pro- Should bidders and stakeholders interact? jects and so stakeholder engagement must be one of the very first considerations of any administration embarking The simple answer to this question is ‘yes’ but this must be down the pash to major infrastructure investment. carefully controlled, especially during the tendering process, in order to ensure probity. If high level output specifications are used in the tender documents, as opposed to About the Authors detailed designs, then bidders can only truly ensure that 1 John Seed BSc (hons) MEng MBA CEng MICE MAPM they are meeting stakeholders needs when developing designs if they are allowed to engage directly with those sta- Divisional Director, Mott MacDonald Infrastructure Finance keholder groups. This has proved very successful on past & Investment. PPP projects especially in ensuring that the stakeholders John heads up the Infrastructure Finance and Investment involved are fully ‘bought-in’ to the Preferred Bidder selec- division of Mott MacDonald which operates PPP advisory tion and the design they are proposing. However, the admi- teams in London, Manchester, Paris, Istanbul, Johannes - nistration and their project management team must ensure burg and Toronto. These teams provide technical, procure- that stakeholders involved in this process are fully aware of ment and transactional advisory services to governments, the specification requirements and do not stray ‘off-line’ in bidding consortia and lenders on many different PPP pro- any way during the engagement process as this can lead to jects in all sectors. Mott MacDonald was involved in 361 bidders receiving conflicting messages to what is stated in PPP transactions in 62 different countries around the world the tender requirements. in 2011. Summary and conclusions John’s PPP experience includes hospitals, schools, univer- Well planned and executed stakeholder engagement process sities, housing, courts, prisons, research and leisure facili- will help to ensure that value for money is achieved and fully ties, waste, highways and railway infrastructure. John regu- recognised on projects. It also helps to mitigate against poli- larly runs training, capacity building and knowledge sharing tical and reputational risks to which PPPs are prone due to workshops on PPP procurement and was responsible for their size and value as well as social importance. There is the drafting of several UK standard PPP procedures and much international experience of getting this wrong on big guidelines including the 4P’s Project Directors Guide and PPP projects and the serious consequences that subsequ- Contract Management Guide for privately financed projects. ently occur. However, there is also lots of recorded experience of doing this right and hence good guidance is availaFigure 2. Examples of PPP best pracice guides available in the United Kingdom from 4ps (now Local Partnerships). Note that Mott MacDonald assisted 4ps in the drafting of this guidance material. 2 Dominika Nowosinska MEng CEng MICE MIAM Senior Consultant, Mott MacDonald. Dominika’s experience in PPP market includes lenders technical advice during procurement and operations, advice to grantors/ promoters, business case preparation, management of the procurement process and risk management. Has worked on project in the UK, Thailand, Hungary and most recently, Poland. Dominika is an experienced project manager with over 12 years’ professional experience specialising in multidisciplinary projects, including major local authority procurement of infrastructure projects, including highways, street lighting, transport and waste management. PPP Magazine Spring 2013 19 KNOW-HOW Green building in the times of crisis by: Marcin Iwaszkiewicz, Managing Partner at PIG Architekci, Poland T energy efficient and in some cases are even able to produce their wo paths in the mainstream. Nowadays – in the times own energy they usually generate financial savings over their life of crisis, both developers and investors, have to face cycle. While the environmental and human health benefits of green very difficult decisions during the investment planning proce- building have been widely recognised, many investigations show dure. Namely, it has to be decided, whether to spend more that the investment costs of about 2% of the overall building budget money during the construction process, but gain money during spend to support green design can result in savings during the build- the operation phase (approximately next 20 years) - from lower ings life cycle of up to 20% of total construction costs which is about maintenance and exploitation costs or to cut the costs at the ten times higher than the initial investment. beginning but suffer from high bills generated by the building in the future. Obviously, it is not only a matter of costs and financ- Thus, is there one proper solution for investment planners to force more environmental awareness without engagement of high costs? ing - the ecological footprint caused by the buildings is another big issue, but unfortunately, not always the one mostly high- Growing environmental awareness lighted and discussed. According to the experience of our architectural practice, the Green buildings generally cost more in comparison with their con- environmental awareness of our cooperating investors is signifi- ventional counterparts. However, because green buildings are more cantly growing. Satamalahti Masterplan Finland - competition entry 20 PPP Magazine Spring 2013 KNOW-HOW Satamalahti Masterplan Finland - competition entry Certification Systems Certification systems such as the most recognized LEED only those most prestigious but also those less spectacular, but crucial for local citizens. (Leadership in Energy and Environmental Design) or BREAAM The PPP projects can become a good example of contractual (Building Research Establishment Environmental Assessment agreements between public entities (especially local) and private Method) are becoming more and more present on the real es- sector entities, where the skills and assets of each sector tate market. However, unfortunately this principle applies only to (public and private) are shared in delivering a facility being eco the most prestigious mid scale projects. The every-day low friendly. Such added value can be delivered by ie. agreement of budget investments and high budget spectacular venues do not both parties to rate the project and to achieve goals set by cho- implement the modern eco-friendly design and build trend. sen green certification systems. Green certification methods mentioned above are not commonly In PPP, especially the public sector as a party taking part in the invest- used because of costs generated by a need of including spe- ment process, should enhance the investment by introducing eco cialists with special accreditations from above mentioned insti- friendly and sustainable design rules to the investment process. Prop- tutions in the investment process. erly developed eco friendly projects can raise the value of nearby Education Another issue making eco friendly design less present is very simple yet difficult to overcome, it is simply a matter of education. Not enough efforts are made to introduce the eco friendly design trend to the society, part of which are investors. private investments undertaken by members of the community. Investing in green buildings is not only essential for a sustainable future, but also makes smart business sense. Green buildings can generate not only operational savings, but also stimulate the local businesses and research institutions, create new jobs, generate less reliance on fossil fuels (energy security) and PPP and eco friendly design to reduce the costs of new infrastructure. While environmental In my opinion, there is a huge potential in Public-Private Part- pressures are compelling reasons to build responsibly, green nership ("PPP") to introduce the eco friendly and sustainable buildings create additional rewards that are a win-win for all. design methods and rules to the new investment/projects, not Marcin Iwaszkiewicz, www.pigarchitekci.pl PPP Magazine Spring 2013 21 KNOW-HOW PPP experience in Poland by: Małgorzata Hejduk, Junior Financial Controller, Corporate Finance, Mota-Engil Central Europe SA Frederico Nunes, Commercial Manager, Mota-Engil Central Europe SA Marcin Podlecki, PPP Specialist, Mota-Engil Central Europe SA M With regards to parking lots, Mota-Engil subsidiaries are ota – Engil is a multinational group established managing approximately 10.000 off-street and on-street in 1946, currently present in Europe, Africa and parking places in Europe. Mota-Engil group has also know- South America, with a turnover of 2.1 bEUR in 2011. In Eu- how in facility management, being responsible for several rope, Mota-Engil began its activity in Poland in 1997, with facilities, developed in PPP, such as hospitals and schools. the award of the 1st road contract on A4 motorway. Since then Mota-Engil had finished over 400 projects in Poland, Czech Republic, Slovakia, Hungary and Romania. Main scope of Company interests are: road and civil construction, environmental projects, real estate development, power construction works and Public Private Partnership (PPP) projects. In Poland Mota-Engil Central Europe divides its approach towards concession projects, where it is able to take over demand risk (car parks) and PPP projects, where demand risk can be better managed by Public Authorities, whereas private entity remuneration stems from availability payment (roads and civil construction projects). Although each project has its own specific characteristics, we can state that Profiting from several years of experience of Mota-Engil group in development of PPP projects, Mota-Engil Central Europe SA established a team dedicated to enlarge its activity on those projects. our experience differs from project to project. Currently the most significant PPP success of Mota-Engil Central Europe in Poland is the concession signed and carried out for the underground car park for 331 places under Mota-Engil group has a very significant experience in co- Nowy Targ square in the City of Wroclaw. Business model operation with Public Authorities. Our aim in Poland is to be of this project is to design, built, finance and operate for 40 a long term partner for Polish public sector in the area of years (DBFO). Concession contract was signed in 2010. We PPP projects. Our focus is dedicated to social and transport managed to achieve financial close for the project on the infrastructure projects, such as social housing, student’s basis of the project finance rule and currently we are finis - dormitories, administration buildings, parking lots, roads hing construction phase of the project. and highways. In our opinion Wroclaw Nowy Targ car park project can be a It is worth to mention the Mota-Engil value added on PPP very good example of the PPP/concession project awarded. development, meaning the ability to combine the design & Apart from the success factors typical for the car park seg- build capabilities with experience on operation of such in- ment, such as very good location, level of tariffs used in frastructure. With regards to the PPP motorways, Mota- other car park locations and on-street zone, close existen- Engil group is carrying out concessions for approximately ce of institutions generating potential users, it must be ad- 3.000 km of roads in Portugal, Spain, Brazil and Mexico. mitted that it was possible to finalize the project thanks to 22 PPP Magazine Spring 2013 KNOW-HOW the well prepared tender phase by the Public Entity, its flexi- aning not having a clear strategy that is essential when car- bility for the solutions proposed and determination to pursue rying out PPP investments. In our opinion it is almost impo- the project. Public Authority understood necessity to invest ssible to close successfully PPP projects without investing in the preparation of this Undertaking and development of almost anything in the preparation phase. the permits process. Additionally, lack of consultants with the sufficient PPP We would like to invite everyone to visit Nowy Targ parking knowledge lot commencing from the middle of this year. understanding of private sector restrictions and financial As we are currently involved in several tenders (negotiations) for PPP projects, we are facing also some not so good experiences, which often lead the projects to often leads to significant delays, non- institution requirements. On the other hand, balanced division of risks among parties involved in the project is required, to find the most effective solution to draw a border line between risks to be covered by both parties of the PPP un- unsuccessful results. dertaking. Public authorities should have right to demand One of the main problems observed is the failure of Public higher expectations from the Private Partner than in case of entity to provide enough resources for the projects, me- the typical Public Procurement Law tenders, but we cannot A 3-storey underground car park under the "Nowy Targ" Square in Wroclaw currently being built by Mota-Engil CE. NEWS: six parking concession projects in procurement (Poland) Warsaw - up to Gdansk - up to Bydgoszcz - one Bielsko-Biała - Katowice - two Krakow - one 6 car parks, 5 car parks, car park, 2-4 car parks, car parks, car park. PPP Magazine Spring 2013 23 KNOW-HOW A 3-storey underground car park under the "Nowy Targ" Square in Wroclaw currently being built by Mota-Engil CE. forget that not all risks can by managed more efficiently by we know, this does not mean automatic project success. the private sector. Polish PPP market shows already examples of several PPP From the private company perspective it is also very important to engage financial institution on earlier stage of the project if possible, in order to incorporate specific financial requirements and to gain time and increase bankability for such a specific undertaking as PPP. Taking into consideration that not all the financial institutions are willing to carry undertakings that have failed although they had central administration support. We should ask ourselves whether right conclusions were taken from those lessons. We fully agree with opinions, that significant PPP projects promoted by central government are necessary for a faster development of PPPs in Poland. out financing on the project finance basis, it is essential for In next years we expect a significant development of PPP the Public Authorities to be able to present sustainable pro- market in Poland and Mota-Engil is prepared and has jects, on which financial institutions will be willing to take know-how to address those challenges. We believe that more efforts in the phase of project development. stakeholders involved in Polish projects can improve their Another constraint that we are facing is a situation, where the tender phase for the PPP project lasts at least 12 months without any guarantee that project will be awarded. knowledge and attitude, being more efficiently organized, flexible and better prepared for the PPPs. In our opinion those are the main solutions for the sustainable development of PPP market and it concerns both Public Authori- As Mota-Engil Central Europe we believe that good stan- ties as well as Private Entities willing to play significant role dards of carrying out PPP projects will be developed follo- on the PPP market. wing awards of further projects. For sure, this could progress much faster but to achieve this purpose, more engagement of central government in PPPs must take place. As 24 PPP Magazine Spring 2013 Małgorzata Hejduk, Frederico Nunes, Marcin Podlecki KNOW-HOW PPP solution to waste management by: Jan Szczygielski, Energy-from-Waste Development Director, SITA Poland T afford costly construction projects, Open and fair competition between the he public-private partnership such as thermal waste neutralisation public model – where services are model, or 'PPP', has long be- plant (ITPOK). Therefore, cooperating rendered by the public sector – and en practised successfully in the Euro- with the private sector is a perfect so- the PPP model effectively drives im- pean Union states as part of the im- lution for this purpose. Given clearly provements in the quality of these se- plementation of waste management defined goals, to which the private rvices and management methods. The investments. Many facilities have been investor commits under the PPP con- private partner supplies the resources, created to this formula, proving the tract, the local authorities can effec- either their own or from loans, that are advantageous contribution that it can tively satisfy the requirements of the needed to fund the ITPOK plant, as make to various environmental and European Union regarding environmen- well as the technology and the in- local social services, such as munici- tal protection in terms of resource re- novative solutions. Obviously, there pal waste incineration. covery and recycling. Among the items are also other positive aspects of such that Poland has committed itself to a partnership, and these may include within the Accession Treaty is the re- investment implementation rate, stic- duction of the amount of biodegrada- king to the schedule and staying within ble municipal waste transported to the planned costs. Commissioning the landfills, thus helping to reduce green- plant as soon as possible is also in the house gas emissions. best interests of the private partner. There is no reason why Poland cannot successfully utilise the proven solutions already developed in the EU. Due to the lack of financial resources and the credit limits imposed on local government, the public sector cannot The European experience clearly indicates that the choice of a suitable formula to build a relationship with the private partner allows the financial outlays to be estimated weeks ahead. Thus, within the DBFO (Design, Build, Finance, Operate) formula it is the private investor who emphasises the quality, technology, effectiveness and economics of the chosen solutions at every stage of implementation and running of the ITPOK plant. This can be achieved because it will be the private investor who is responsible for proper A PPP waste incineration plant in Blois, France Photo Credit: © Thierry Ardouin / © architecte Jean-Marie Schimpff functioning of the plant over a contract PPP Magazine Spring 2013 25 KNOW-HOW that may last 30 years. This element is missing when an Of course, the use of PPP will entail some risk as well. The investment is made using the DB (Design & Build) formula, partners must work together for many years, as to achieve a as those responsible for construction and installation have return on the investment takes around 25-30 years. The key no self interest in the effectiveness of the operating effi- to success for such a long cooperation is honesty and the ciency. This part traditionally remains the problem of the stability of the partners. When selecting an investor, the pu- investor. blic partner needs to ensure that the private partner can gu- Therefore, the integrated approach of PPP in the design, construction and financing of ITPOK allows the efficient optimisation of investment costs right from the outset. At the same time, the long experience of the operator in managing this kind of plant will help ensure the optimisation of the operating efficiency. Cooperation within PPP is based not only on the division of tasks between the partners; an important element behind efficient project implementation is the division of investment risks between the public and private partners. The experience of SITA acquired in Western Europe shows that the private partner arantee that the investment will be implemented correctly at each and every stage, and to the highest possible standards. The public partner must know that the local authorities will provide them with the necessary support in terms of legal issues and decision making throughout the investment. Common sense tells us that the following is an essential requirement: business owners and local governments must have equal rights. Only this gives them the opportunities required to create an efficient waste management system – friendly to the environment and to the tax payer, as well as accelerating the construction of ITPOK in Poland. undertakes the risk of financing the investment, its operation One project to be undertaken using the PPP model is the and its management. The risk of the public partner includes construction of an incineration plant in Poznan. The adop- that of legal changes having a significant impact on plant ted formula is "Design, Build, Finance, Manage". The finan- operation, such as the reduction of emissions, involving high cing will be fully covered by a private partner selected un- costs in order for the existing plant to meet the new require- der a tender procedure – SITA Zielona Energia. The inve- ments. The public partner must also guarantee a stable supply stor will design and build the incineration plant, and then of waste directed toward the incineration plant. The amended ensure its stable operability for the next 25 years. This act on maintaining cleanliness and order in local communities investment, as a pioneer project for PPP in Poland, will be provides the conditions to guarantee waste supply by the pu- of great importance, blazing the way for more investments blic partner. The local communal government, or union of such and building experience in this area. Other Polish cities are units, by having governance over waste collection is able to also leaning towards such solutions. ensure a continuous supply of the material to the plant. This significantly improves the chances of obtaining the financing for the project, and consequently its effective implementation. SITA Poland: selective collection of communal waste 26 PPP Magazine Spring 2013 Jan Szczygielski INTRODUCTION TO PPP MARKETS Insight: Czech Republic by: Vladimir Sloup, former Executive Director of the Czech PPP Association Panorama of Prague T PPPs. On the central level are more unsuccessful attempts than he Czech Republic is the true heart of Europe not only good stories. There is still lack of experience with PPP among pu- geographically but also historically. The modern history blic officers. One of critical point for development of PPPs is insuf- started in 1989 during so called Velvet Revolution as a common state of two nations – Czechs and Slovaks – when we were ficient support of central bodies. Legislation The Czechoslovak Republic. From 2003 there are two independent countries. The Czech Republic is member of EU. Country is There are two main acts dealing with PPP in the Czech Republic. relatively small with a little more than 10 million of inhabitants Firstly it is Concession Act that stays relatively unchanged from its and 78 867 km2. origin in 2006. Secondly it is Public Procurement Act that is very often changing and takes instability into system. But according to a Public investments The Czech economy is traditionally one of the most stable in the World. But because of underinvested maintenance of infrastructure during research among successful operators off PPP projects the legislative is not problem to start PPP. Institutional support communism there is lack of high quality public infrastructure. Moreover, because of crisis, the amount of money spending on maintenance, Two ministries are responsible for development of PPP. Ministry for modernization and construction of modern public infrastructure is de- Regional Development is responsible for legislation. Ministry of Fi- creasing. One of possible tools to cover this gap is PPP. nance is responsible for methodology (most of documents were prepared by its organization PPP Centrum that was dissolved re- PPPs cently) and for fiscal supervision. Its role is more on the level of Projects based on PPP model started in the Czech Republic in consulting than enforcing. Other sectorial ministries have their own 90th. As a real start of PPPs is considered year 2006 when Con- PPP specialists if they are working with PPP model. The private side cession Act came into force. Mainly municipalities are active in of PPPs is represented by the Czech Association for Development PPP Magazine Spring 2013 27 INTRODUCTION TO PPP MARKETS of Infrastructure (previously Czech PPP Association). of these are good examples of potential PPP with Best Practice from the Czech Republic. Overview Since 2007 more than 80 PPP contracts were signed in the Czech Challenges Republic. Most of these were O&M contracts for water supply. The There is lack of political support for PPP from the highest levels. value of these contracts is more than 54 billion of CZK. Apart from There is possibility that current government will finish before the end water infrastructure were as PPP realized three senior houses, par- of its electoral period. New regional council presidents are just king houses, bus stops, waste management in part of Prague, fo- appointed after recent regional elections. New programming period otball stadium, photovoltaic power station, supplying of city with for EU funds is just behind the door. It’s high time to support me- heat and warm water etc. On the central level there are two projects aningful solutions of insufficient public infrastructure, to support of electronic registers – so called ‘Central Address’ where all the effective ways of satisfying public services. important public bids are presented and ‘Electronic Market Place’ About us where public bidders buy defined goods and services. The Czech PPP Association was founded in 2004, in 2012 it broaOutlook dened its scope of interest and renamed on Czech Association for Very interesting project of Depot of Public Transport was signed Development of Infrastructure. It’s the only NGO specialized in between city Pilsen and Škoda Transportation recently. The Ministry PPP. Its roles in PPPs are to teach PPP, to help public to start PPP, of Transport is preparing project of PPP to build and operate part of to support private interest in PPP, to give feedback to projects, highway D3. Also other highway projects are mentioned as potential methodology, laws etc. Members are private companies from va- projects for PPPs in the next years. The most interesting project that rious sectors – advisors, lawyers, banks, constructional compa- is sometime mentioned on the municipal level as potentially suitable nies, operators and universities as honourable members. Currently for PPP is Metro D in Prague. The municipalities need to solve pro- it’s the only association able to give comprehensive feedback to blem with senior houses, parking, waste management etc. and all various ministries on their plans in PPP. 28 PPP Magazine Spring 2013 SPEED UPPP... st Report: the1 "Speed uppp... Slovenia" by: Nina Krese, Researcher at the Institute for Public-Private Partnership, Slovenia A All pictures included in the article below are by Katja Kodba the field of energy efficiency, to deliver the meslongside the beautiful lake Bled with a sage that PPP projects can be co-financed by small island, surrounded by forests and the EU Funds and that such practices are desir- Julian Alps covered with snow, exactly 120 participants from 11 different countries gathered to attend the first international conference on publicprivate partnerships in Slovenia “Speed uppp Slovenia”, which took place on 7th and 8th of March 2013 at the Grand Hotel Toplice in Bled, Slovenia. able and much promoted by the EU. The guest of honor and keynote speaker was Verica Trstenjak, professor at the University of Viennam and former advocate general at the Court of Justice of the European Union (ECJ), who listed a few PPP projects that have changed the The Conference Speed uppp Slovenia was or- world: Eurotunnel, Vasco da Gama Bridge and ganized by the Institute for Public-Private Part- Galileo satellite. Further, she presented relevant nership, Slovenia in cooperation with the Polish PPP legislation and proposals for amendments to Institute for Public-Private Partnership and Irish the EU law, and highlighted a few relevant cases DAX Partnership. Its aim was to encourage the regarding PPPs of the settled case law of the use of public– private partnership (PPP) at the ECJ, such as Stadt Halle, Azienda sanitaria Lo- local and state level using the presentations of cale and Acoset, which had a great impact to the different examples of good practice, mostly in further development of law of PPP and public procurement. Verica Trstenjak highlighted that the key ingredients for success are trust, use of the existing legal framework, and appropriate control. 1st "Speed uppp Slovenia" held in Bled on 7-8th March 2013 PPP Magazine Spring 2013 29 SPEED UPPP... SPEAKERS: Closing the speech, she notably funding for investments under Some of the conference speakers: quoted Seneca: “It is not be- the EU’s 2014-2020 budget , Verica Trstenjak cause things are difficult that we Former Advocate General at the do not dare; it is because we do Court of Justice not dare that things are difficult." of the EU Jan Van The conference programme Schoohoven was divided into 6 panels and Executive Program Leader UNECE PPP two round tables that were Centre of Excellence Boštjan Ferk Founder and MD at the Institute for Public-Private moderated by skilled moderators Boštjan Ferk and Branko Kašnik, both founders of the Partnership Slovenia Slovenian Institute for PPP. The Rajko Pirnat first round table, presented by Professor at the Faculty of Law of the University of Ljubljana, Slovenia Regional Cooperation Council, Sarajevo, Bosnia PPP Expertise Centre (EPEC, EIB), Combining EU funds and PPPs – Preparing for 2014+, Nena Dokuzov, Head of management of cohesion policy programs at Slovenian Ministry of economic development and technology, Integration of private -source funding for the implementation of EU cohesion policy, ties, dealt with practical experi- ties in the management of PPP, whereas the second round ta- Dejan Podhraški, Institute for Public-Priv at e Part nership, Slovenia, Evaluation of state incentives for projects of PPP. and Herzegovina ble discussed the first steps Regarding the first panel, the Nina Schenk Slovenia should take on the speech of Nina Schenk, Advisor at Advisor at the European PPP Expertise Centre state level in drawing on EU the European PPP Expertise Cen- funds with integration of private tre, should be highlighted. Her sources of funding. lecture was one of the main em- (EPEC, EIB) Monika Kirbiš Rojs State Secretary at the Ministry of Economic Development and Technology To give a proper picture of the conference, here is a complete summary of the programme, Dominik Zunt European Commission, Directorate General Economic including speakers and their lectures. Panel 1. PPP and EU funds Petra Ferk Institute for Public-Private Partnership, Slovenia Yuriy Husyev Director of National Projects Department at the State Agency for Investment and National Projects of Ukraine PPP Magazine Spring 2013 phases of the conference. In a professional, but an understandable way, she introduced the benefits of PPPs, such as professional project management and implementation, improved asset and Financial Affairs 30 pean representatives of municipali- ences of Slovenian municipaliSanjin Arifagić Nina Schenk, Advisor at the Euro- hand in hand. and service quality, innovations in asset and service delivery and Dominik Zunt, Project manager other. According to the current at European Commission for financial situation she has high- financing of infrastructure and lighted that EU funds can support climate chance policies (DG the marketability of PPPs. She ECFIN), New approaches to concluded her lecture by present- SPEED UPPP... ing what else the EU funds can bring to PPPs. In addition, a very valuable presentation was that of Dominik Zunt on the New approaches to funding for investments under the EU’s 2014-2020 budget. Panel 2: Reforming public services through PPP Jan Van Schoonhoven, Executive program leader at UNECE PPP Center of Excellence in Geneva, International Centre of Excellence on PPP, The fast track to successful PPP implementation, The Organizing Committee of the 1st "Speed uppp Slovenia" Sanjin Arifagić, Head of Economic and Social De- Tina Žejn and Andreja Mežnar Bole, Project and velopment Unit at Regional Cooperation Council Structured Finance specialists at UniCredit Banka (RCC), Sarajevo, The potential for regional pro- Slovenija d.d., Department of Corporate and Pro- jects In South-East Europe, ject Finance, Challenges of PPP project financing Łukasz Różanski, Legal officer in the Unit for public in the field of public infrastructure and energy re- procurement legislation I at the European Commission habilitation of buildings (The bank’s perspective), in Brussels (DG Market), PPPs in the EU: concessions Robert Ostrelič, Head of marketing by Eltec Petrol and public procurement; latest developments. d.d., Good practice for the provision of energy An opening speech of the second panel was made by efficiency. an excellent speaker, Mr Jan Van Schoonhoven, Execu- The third panel focused on presentations of case tive program leader at UNECE PPP Center of Excellence studies, giving examples of the practical experi- in Geneva. He started his speech by an optimistic state- ence, financing possibilities in the field of energy ment, that this it is the right time and the right environment saving contracts, and renewable energy projects for PPPs. Additionally, he said, the United Nations are as PPP models. offering assistance and help to anyone, and we should make use of that help. During his presentation on the work, organization and the role of International Center of Excellence on PPP as main topic of his lecture, Mr Schoonhoven disclosed his extensive practical experiences and by doing so, inspired all participants. Opening speech of the second day was made by Nina Schenk, Advisor at the European PPP Expertise Centre (EPEC, EIB). She presented the work of the European PPP Expertise Centre as an institution, whose goal is to strengthen the ability of the public sector to engage in PPPs by helping Members to Panel 3. Energy savings Contracts, share experience and expertise, analysis and good Renewable energy and PPP. practice. She introduced the potential obstacles at Marko Vetrih, Director of company E3, d.o.o., the national level, such as organizational bottle- Case study of the PPP project for the provision of necks, national legislations that sometimes disable energy efficiency, certain combinations of EU funds and PPPs, and political priorities that often prevent effective blendPPP Magazine Spring 2013 31 SPEED UPPP... ing of PPPs and EU funds, and identified possible contracts in order to regulate the challenges, which ways of how to overcome these obstacles. In the occurred after the signature of the original contract. second part of her lecture, Nina Schenk presented She concluded that this particular project is suc- challenges in combining EU grand blending and cessful and without any major problems. Another PPPs at the project level, and introduced the draft speaker stated the opposite: their experience was EU legal framework, which helps answering the not such a success at all. Namely, they had had question of how these issues could be tackled in the many problems with execution of the contract, but next EU financial framework 2014-2020. not a single annex had been added to the basic Panel 4: Concessions in the field of construction, renovation or operation of treatment plants contract − only with great difficulty they had managed to negotiate two annexes to the original contract in order to avoid the project to fail. These were Mila Sullivan, Executive director at Irish DAX Partnership, Redesigning waste policy and waste sector: The Irish experience., very illustrative examples of what mostly all of the speakers constantly repeated: the communication between the public and the private partner is one of Anja Kocjančič, Head of the Unit for environmental the basic demands for a successful partnership. We services at Petrol d.d. (leading Slovenian energy have to share both, the good and the bad experi- company), Why is it so difficult to obtain a PPP ences, in order to learn and move forward. project in Slovenia? Causes, fears, dilemmas, Leon Lozar, General manager at Aquasystems d.o.o., Experience in foreign direct Greenfield in- vestments of project B.O.T. by Central treatment plant Maribor and the project’s contribution to the Panel 5: Energy rehabilitation of public infrastructure through PPP projects Jure Boček, Director of Technical division, Adesco d.o.o., Energy rehabilitation of public infrastructure through PPP projects, city’s sustainable development. Dejan Ferlin, General manager, Adesco d.o.o., IT Panel 4 was dedicated to concessions in the field support in PPP energy projects, of construction, renovation or operation of treatment plants. Speakers − all representatives of the private sector − presented their successful PPP Vlasta Krmelj, Director of the Energy Agency of Podravje, the Institute for sustainable energy use experiences in this field. All of the speakers agreed that Slovenia should implement more PPP projects, starting with smaller and medium size undertakings. During this panel, an interesting debate was launched, which continued throughout the next panel. One of the speakers disclosed how many PPP contracts they had entered, mostly in the form of concessions, and admitted how many annexes to the contract had to be added to one of such 32 PPP Magazine Spring 2013 Day 1. Evening concert of Manca and Benjamin Izmajlov. SPEED UPPP... in Municipality of Maribor, Practical experience in is, as Mila Sullivan noted in her lecture, that the managing PPP in the field of energy industry in Irish are known for “not being rich, but know how Municipality of Maribor. to get money”. The conference was concluded Panel 5 dealt with energy rehabilitation of public infrastructure within the energy saving contracts, where energy rehabilitation of public infrastructure through PPP projects was presented. Additionally, IT support in PPP energy project was introduced as a way of how to use the methodology for cal- by Yuriy Husyev, director of national project department at the State agency for investment and national project of Ukraine, with the presentation of the national projects of Ukraine, such as Clean City project, Warm Housing project, Tehnopolis project, Kyiv City Ring Road and others. culating savings. The methodology was developed Regarding responses of the participants, the by Adesco d.o.o. and is used in many municipali- conference was a great success and a “treasury ties to give an automatic analysis of the impact of of knowledge”. Many practical examples were in- the energy rehabilitated building projects. In this troduced, not just foreign but also of Slovenian panel, some practical experiences of managing experience, and many ideas on how to take a PPP projects in the field of energy efficiency in the step to the next level, and increase a number of Municipality of Maribor were also presented. PPPs. One of such ideas to be highlighted is cer- Panel 6: Management of PPPs in Eastern Europe tainly the encouraging opinion given by Mr Schoonhoven to answer the repeated statement Adam Jędrzejewski, International Business Director at Institute for PPP in Poland, Combining PPP with EU funds – The Polish experience , that the money is the main obstacle in Slovenia. Jan Van Schoonhoven notably remarked, that the “money” or the poor record of the disbursement Yuriy Husyev, Director of National Projects Department of EU funds in Slovenia cannot be a problem to at the State Agency for Investment and National Pro- the introduction of PPP projects in Slovenia, since jects of Ukraine, National projects of Ukraine: PPP the EU budget holds enough money to help Slo- opportunities and investment destination. venia out. Additionally, there are institutions that The last panel addressed the management of can help Slovenia prepare its strategy and pro- PPPs in Eastern Europe. Mr Adam Jedrzejewski, grammes. The money is obviously there. We just the international business director at the Polish need to make the next step and the conference Institute for PPP, presented the Polish experi- Speed uppp Slovenia was certainly one of such ences in the field of combining PPP with EU small yet successful steps on the way to the next funds. Comparatively, he remarked that most of level in PPP development. PPP projects in Poland were conducted on the Nina Krese, LL.B. municipal level and not at the state level − which Researcher at the is similar to Slovenia and other countries in the Region. Most of the contracts were of low value − quite opposite to Ireland. Perhaps the reason Institute for Public-Private Partnership, Slovenia www.pppforum.si PPP Magazine Spring 2013 33 SPEED UPPP... Update on PPP development in Ukraine by: Irina Zapatrina, Chairman of the Ukrainian PPP Development Support Center S be enough not only to develop the transportation network evere winter 2012-2013 in Ukraine has facilitated but even to cover the renovation of the substantial part of the interest to public-private partnership. Transport the existing motorways. It is clear that in such conditions it and housing-communal infrastructure are deemed the most is necessary to attract the private business. It is important critical sectors for using these mechanisms. not only to receive additional financial resources but also to As of today the most part of the road cover in Ukraine is unsatisfactory. According to the governmental estimations 500 billion of hryvna is needed for the priority measures. At the same time the revenue of the State Budget in 2013 are ensure the high quality of roads. Lack of responsibility for exploitation of the constructed roads in Ukraine causes low quality of road cover. Such roads do not operate for a long time and constantly require budget funds for repairs. estimated as 361,5 billion of hryvna. This year it will be at- The situation with housing and communal infrastructure in tracted about 3 billion hryvna of credits from IBRD, EBRD Ukraine, in particular with district heating, water supply and and EIB for construction of roads. (see Table 1 below). As sanitation systems, is not better. Despite the growth of tar- we see, the potential budget resources and loans will not iffs for the services provided in this field, the coverage of Table 1. List of credits (loans) received by the state to the special fund of the State Budget of Ukraine in 2013 from foreign states, banks and international financial organizations for implementation of investment programs (projects) on motorways development. Name of creditor and investment program (project) implemented using credit (loan) Credit (loan) currency Total amount of credit (loan) Amount of credit (loan) attracted in 2013 (thousand hryvna) Creditor: International Bank for Reconstruction and Development Project on motorways and traffic safety improvement USD 400 000 362 525,4 The 2nd project on motorways and traffic safety improvement USD 450 000 1 374 864,8 Project “Improvement of transport-exploitation state of motorways approaching Kiev” (pan European corridors)" EUR 450 000 706 352,1 The third project "Repair of motorway Kiev-Chop" EUR 200 000 50 000,0 EUR 450 000 656 352,1 TOTAL: 3 150 094,4 Creditor: European Bank for Reconstruction and Development Creditor: European Investment Bank European roads of Ukraine ІІ (project on improvement of transport-exploitation state of motorways approaching Kiev) Source: the Law on the State Budget of Ukraine for 2013 34 PPP Magazine Spring 2013 SPEED UPPP... cost by the tariff decreases. (Fig. 13). As a result the debt of communal Fig. 3 Dynamics of tariff growth and coverage of cost by the tariff in field of sanitation enterprises is rapidly growing. markets that are traditionally related to housing and communal sector. Contradictions in legal regulation, uncertainties in legislative norms decrease Such situation is caused by the con- the private business’s interest to the stant growth of exploitation expenses housing and communal sector. The related to fast worsening of technical members of the hearings (peoples’ state of heat, water and sewage net- deputies of Ukraine, science) have works. Having the tariff growth, the admitted that the most urgent task in reliability of the life support systems PPP development and the quality of the provided ser- in housing and communal sphere is system work on vices decreases. As we see, attraction improvement of legislation. This task of private investment is also critical for was specified as a priority task for the housing and communal sphere. activity of the profile committee of Fig. 1. Dynamics of tariff growth and coverage of cost by the tariff in field of heat supply. Despite the declared high interest to Verkhovna Rada of Ukraine. It gives us PPP, there are no positive examples of a hope that in the nearest future the using it in Ukraine. expression of interest to PPP will Regarding the transport infrastructure, such situation is mainly caused by non transfer into the real projects in field of housing and communal services. -readiness to build paid roads. Imperfect legislation and delays in reforms in this sector also slow the PPP development regarding housing and communal infrastructure. Understanding these problems, the profile committee of Verkhovna Rada of Ukraine has conducted special hearings on issues related to improvement of Law on peculiFig. 2. Dynamics of tariff growth and coverage of cost by the tariff in field of water supply arities of rent and concession of objects of district heating, water supply and sanitation. The hearings took place on March 20, 2013. The conclusion on the result of the hearings is the following: the current Law is not perfect and requires improvement and it cannot facilitate the private sector participation in housing and communal infrastructure modernization. The problem is deeper. Lack of interest of strategically oriented private business to participate in renovation of housing and communal infrastructure KEY Tariff Coverage of cost is caused by imperfection of legisla- Independence Square in Kyiv, next to tion that regulates relations at the the famous Kreschatik street www.PPPinstitute.com www.pppforum.si www.ukrppp.com www.PPPMAGAZINE.com