PUBLIC PRIVat E partnership in NIGER Fraternit Travail

PUBLIC PRIVat. E partnership in NIGER Fraternité - Travail - Progrès Cabinet du Premier Ministre Cellule d’Appui au Partenariat Public Privé (CAPPP) FORUM ON BRITISH INVESTMENTS TO THE PROFIT OF NIGER London June 14 th 2012

PUBLIC PRIVATE PARTENARIAT A. Legal Framework q. ORDER N° 2011 -07 of September 16 th, 2011 concerning Pension Plan of the public partnership contracts in Republic of Niger, ratified by the law n° 201130 of October 25, 2011, q. Decree n° 2011 -559/PRN/PM of November 09 th, 2011 concerning modes of application of the Order n° 2011 -07 of September 16 th, 2011 q. Decree n° 2011 -560/PRN/PM of November 09 th 2011, related to the organization and the functioning of the “Cellule d’Appui” (Support Unit) in the PPP q. Under preparation: Law concerning fiscal framework, financier and accountant of the CPPP

PUBLIC PRIVATE PARTNERSHIP A. Legal Framework (continue) The law on the public private partnership constitutes the legal and the institutional framework of partnership between the government and the private sector in the domains that the State considers efficient the intervention of the private sector. By definition, CPPP is a contract by which: « A legal person of public right (DELEGANT) confides, for one determined period, the management and/or the production of the public service S/he has the responsibility, to a legal person of private right (DELEGATE) »

PUBLIC PRIVATE PARTNERSHIP B. PPP Advantages The Public Private Partnership Pension Plan Contracts offer to private operators candidates to CPPP through its regulatory and institutional framework the following : üfree access to the public markets, üa larger competition between tenderers, üfair treatment of the candidates, ütransparency on contracting activity procedures, üexistence of simplified procedures, üpossibility of making spontaneous deals, üdiverse advantages on the fiscal and financing plan as well as on the accounting system.

PUBLIC PRIVATE PARTNERSHIP B. PPP Advantages (continue) The Public Private Partnership Contracts (CPPP) make provisions for recourse to the arbitration proceedings, according to the legislation in force in Republic of Niger, or to the bilateral or multilateral international conventions applicable to the related contract. vate For the settlement of litigations, CPPPS also foresee a procedure of conciliation prior to all arbitral or judicial recourse. For the purpose of the project, the private operator can get from the concerned authority a right of occupation of the public domain linked to the contract of partnership during its duration. Flexibiliy also exists either for financial or technical risk

THE LAW FIELD OF APPLICATION / CPPP All or part of the following tasks : 1. Funding Infrastructure, element & utilities; 2. Design of the construction or the transformation of infrastructure or element for public interest; 3. Exploitation and/or Management and/or roadway maintenance or element for public interest; 4. Settlement of Youth insertion and promotion programs or projects.

ELIGIBILITY OF THE PROJECTS ELIGIBLE PROJECTS IN THE CPPP: 1) Amount ≥ Five billions 2) Period of execution > two years

C. ORGANISATION OF PPP IN NIGER PRIME MINISTER POLICY COMITTEE CAPPP PERMANENT SECRETARY EXPERTS UNIT

C. PPP ORGANISATION IN NIGER (continue) The Prime Minister assures the high authority on CPPP The Permanent Secretary (SP) coordinates the CAPPP activities The PC is the CAPPP deliberating and the decision making organ The EU values the projects submitted to the CAPPP in order to examine their eligibility to the CPPP pension plan

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

D. CPPP PROCEDURES (continue) SPONTANEAOUS PRESENTATION OF A PROJECT OWNER FEASIBILITY STUDY NO ASSESSEMENT OF THE FEASIBILITY STUDY ? EXPERT UNIT (EU/CAPPP) YES P. C/CAPPP DECISION CONCERNINT THE CPPP REALISATION AGREEMENT OF THE P. M NEGOCIATION & SIGNATURE OF CPPP

D. CPPP PROCEDURES DU CPPP (continue) Choice of the Delegate by the Administration direct negociation In case of emergency For defense or public security * Exclusivity to the patent owner * Activity which can solely be given to a chosen delegate Next page

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

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

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