309x Filetype PPT File size 1.84 MB Source: www.oecd.org
Movement of selected public Folie 2
sectors
towards private structures
Public administration PPP Private sector
• •
Rail Post
• •
Waterways Telecommunications
• •
Road Energy supply
•Defence
• • •
Water supply Water supply Water supply
• • •
Health care Health care Health care
• • •
Social services Social services Social services
• • •
Waste disposal Waste disposal Waste disposal
• • •
Sewage disposal Sewage disposal Sewage disposal
Folie 3
Types of PPP contracts
- in German law -
Differences and core content
Acquisition model Hire-purchase of facility/asset
Owner model Planning, construction, financing, operation under ownership
of the principal
Leasing model Rent with option to buy
Rent model Contract for rent extending beyond 10 years
Contracting model Contract to operate the facility/asset
Licence model Operation of facility/asset with user fees collected privately
Company model Operation by way of project group
Folie 4
PPP project structure
- example -
Licenser
Advisor Fed / Land / Municipality Advisor
n n
o
o i
i t e t
s c c
s n i u
e a v r
c r r t
n G e s
o S n
C o
C
Shareholder Equity capital Loan Loan provider
Licensee Banks/capital market
Investors
Return Project company Interest/re-
payment
e d
nc e e O
a e p
n m e
te r ra
n n ti
i o g a n R on
a i r e
M rat a f o mu
e i n
n t e t e
u ra
a a ti
m o
e m r n
R i
n t e
o n
i d
t n u
c a m
Maintenance u Operator
r e e
t c
s i R
n r
o p Operation
Maintenance C
f
o
General contractor e r
n c o
o i
i v te
s r ne
i ef
v e
Construction planning o s R
r
P
Public sector or
private sector use
Folie 5
History of PPP at EU level
07 May 2003 Commission publishes “Internal market strategy – priorities 2003 – 2006”, which highlights the need
to clarify legal issues relating to PPP. The publication of a green paper on PPP is announced.
21 May 2003 Commission publishes Green Paper on services of general interest. This paper entails a substantial
review of the Commission's service policy and asks whether a general legal framework should be
created at Community level for services of general interest. The Commission plans top publish a
green paper on public procurements and on PPP in the second half of the year.
30 Apr 2004 Commission adopts Green Paper
30 Apr 2004 Forwarded to the Council
30 Apr 2004 Forwarded to the European Parliament (EP)
27 Oct 2004 Opinion by the European Economic and Social Committee
17 Nov 2004 Opinion by the Committee of the Regions
End 2005 Commission announces resolution on further PPP legislation for the end of 2006
26 Oct 2006 Resolution by EP
Folie 6
History of PPP at federal level in Germany
Apr 2001 Federal Chancellor sets up “Kanzler-AG”
Jun 2002 Federal Chancellor announces PPP competence centre
Jul 2002 Steering committee (SC): “PPP in public construction works”
Feb 2003 PPP federal study commissioned
Jul 2003 Bundestag adopts motion for PPP resolution
Dec 2003 Agreement by federal states ministers responsible for building
Dec 2003 SC: Recommendations for framework conditions
Nov 2004 Members’ initiative “PPPs Acceleration Act”
Dec 2004 Agreement by federal state ministers responsible for finance (FMK)
Jul 2004 PPP Task Force set up
May 2005 Creation of federal PPP competence network
Sep 2005 PPPs Acceleration Act comes into force
Sep 2006 FMK decision: Standard guidelines on examining profitability
Source: PPP Task Force, Federal Ministry for Transport, Building and Urban Affairs
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