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The The Development Development of a of a National National PPP Unit:PPP Unit:the German Ethe German Experiencexperience
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Bernhard Müller
Federal Ministry of FinanceGermany
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Regional Conference on Concessions andPublic-Private PartnershipsZagreb 3-4 December 2009
Regional Conference on PPP and ConcessionsZagreb, 3 - 4 December 2009
The development of a national PPP Unit:The development of a national PPP Unit:the German experience
Slide 2
Bernhard Müller
Federal Ministry of FinanceGermany
2
What is PPP?Contractual agreement on …
PlanningPlanning+ Building+ Financing+ Operation(+ Post-contract life)
Slide 3
… between public and private partners
PPP sectors: construction, infrastructure
PPP market structure in Germany
More PPP
Framework More/bigger projects
More private capital for public tasks
More cos. in the provision of public services
TransportLaws Regulations Models Education & Research
Admin. building
Defence Health
Municipalsupply & disposal Energy IT
Slide 4
3
History of PPP at federal level in Germany
Oct 2003 PPP federal study published
D 2003 St i C itt d ti f f k ditiDec 2003 Steering Committe: recommendations for framework conditions
Sep 2005 PPP Acceleration Act comes into force
Sep 2006 Conference of State Finance Ministers decision: standard guidelines on economic feasibility examinations
Sep 2007 Federation/federal states working committee and Federal Ministry of Finance publish recommendations on PPP in the federal budget system
Publication in the EU Official Journal: Sale of shares in the holding company
Slide 5
Sep 2008Publication in the EU Official Journal: Sale of shares in the holding companyof ÖPP Deutschland AG
Jan 2009 Operational start of ÖPP Deutschland AG / Reorganisation within Federal GovernmentJan 2009 First meeting of the Federal and State Government Network
Nov 2009 Deadline for the submission of bids for an additional 9.9% stake to the private sector
Progress of framework legislation on federal level
´02 ´03 ´04 ´05 ´06 ´07 ´08 ´09
F i t d O OForeign trade Foreign Trade Act O O
Private investment Investment Act O
Budget PPPs Acceleration Act O
Health
Social affairs
Taxes PPPs Acceleratio Act O
Slide 6
Taxes PPPs Acceleratio Act O
ProcurementPPPs Acceleration ActAct against Restraints of Competition
OO
Private finance of road-building
PPPs Acceleration ActAct on the private construction and financing of federal highways O
O
Financial statements Act to Modernise Accounting Law O
4
Federal PPP organisation in 2008Ministry of Finance
Construction Transport
Ministry of DefenceMinistry of Transport Ministry of Economics
Civil DefenceConstruction Transport
Projectworking group on
PPP
Roads Rail,sea,airFederal states
Task Force g.e.b.b.
Civil Defence
airFederal statesEast West
VIFGDegesDeges = Deutsche Einheit Fernstraßenplanungs- und -bau GmbH
VIFG = Verkehrsinfrastrukturentwicklungsgesellschaft mbH
g.e.b.b. = Gesellschaft für Entwicklung, Beschaffung und Betrieb mbH
Slide 7
Lessons learned
It is desirable to have a central consulting service for public-sector clients in allPPP sectors, which serves as a national PPP unit.
It is essential that individuals from the private and public sectors come together in theconsulting process.
The majority of public-sector clients are more apt to abandon their reticence towards PPPif they have access to individual, neutral and credible project advice. They will not do sosimply because of a greater depth of information about PPP in networks.
An administrative unit at the Finance Ministry must direct the consulting service’s workand assess and guide the projects from an economic point of view.
Slide 8
It is vital that the interested federal states and local authorities take part in the consulting process formally and materially, on a voluntary basis. They should also be informallyinvolved in the checking process.
The quickest implementation of PPP in all sectors, regions and local authorities will beachieved if all the public-sector stakeholders work together willingly.
5
Federal PPP organisation in 2009
Ministry of Finance Ministry of DefenceMinistry of Transport Ministry of Economics
VIFG g.e.b.b.
Transport Construction
A 21II B 6PDPT
M I 1I A 2V C 6
Deges
Slide 9
Structural improvement of public sector:
• Finance Ministry: Setting tasks for PD groundwork to improve PPP framework conditions.
• Systemised PPP audit procedure at national level.
• Competition for funds available globally
Slide 10
for investments in infrastructure.
Therefore: Enhance international presence of Germany’s PPP initiative.
6
Creating
• 2007 Informal circle of companies analyses problems and suggests solutions. Dialogue with government representatives about political acceptance and feasibility.
• 12/2007 Cabinet decision to establish a PPP advisory company for all sectors.Combined tender with the following selected as procedure:- Framework agreement and- Bid for private participation
• 2008 Search for contracting authorities: Search for partners from public sector to join framework agreement.
• 2008 Information about framework agreement and search for partners publicised:- Federal states informed- Central municipal associations informed- Survey interest among all federal level contracting authorities
Slide 11
- PR work (website, participation at trade fairs, press)
• 09/2008 Publication in the EU Official Journal: Sale of shares in the holding company
• 11/2008 PD’s first general meeting (founders’ meeting) and first supervisory-board meeting
• 01/2009 Operational start of ÖPP Deutschland AG / Reorganisation within the Federal Government
• 09/2009 Tendering procedure for the sale of further shares in the holding company
• 11/2009 Deadline for the submission of bids to buy shares in the holding company
PD is the central institution for the promotion of PPP in Germany.
PD is itself a PPP project.
Slide 12
All parties interested in the developmentof the PPP market in Germany had opportunity to take stake in PD.
7
Private sector shareholdersPublic sector shareholders
Organisation and ownership structure as of January 2009
60 %
Private-sector shareholdersPublic-sector shareholders
40 %
65 %35 %
PPP sectors
Holding company
Fed. states, municipalitiesFederation
Slide 13
General meeting
Supervisory Board
Management board
ÖPP Deutschland AG
Tender process
Combined tendering
Framework agreement
ÖPP Deutschland AGand public sector
Stake in holding company
private sector involvement
Slide 14
Selection criteria:
Performance Reliability
Award criteria:
Price of stake Quality of participation in core work
C(2007) 6661 COMMISSION INTERPRETATIVE COMMUNICATION on the application of Community law on Public Procurement and Concessions to institutionalised PPP (IPPP), 5 February 2008
8
Avoiding the adviser / tenderer problem and conflicts of interest
Folie 15
• Avoiding the adviser / tenderer conflict and direct holdingsthrough the interposition of the holding company and avoidingoverlap between representatives of private shareholders andbodies or employees of Partnerschaften Deutschland
• Delegation of staff from the private shareholders of the holding company are excluded from Partnerschaften Deutschland for project work
Slide 15
• As the holding company is not dedicated to a specific purposesand is not dominated by one company (or industry) either, steps have been taken to ensure that the operative activities ofPartnerschaften Deutschland cannot be influenced by the particular interests of its shareholders
Our groundwork:Our groundwork:
Establishment of a project pipeline.
A range of contracting authorities have given a (non-binding) indication of their willingness to commission PD to provide consulting services
Slide 16
commission PD to provide consulting servicesin connection with projects already in the planning stage.Volume of investment: approx. €500m
9
Broad public-sector participation.Broad public sector participation.
• 10 federal states
• over 80 municipalities and
• over 30 further contracting authoritiessigned framework agreement.
Slide 17
g g
Framework agreement‘s project pipeline
Project Contracting authority:
1 Site for Federal Ministry of Education and Research in Berlin Institute for Federal Real Estate
2 Site for Federal Office for Building and Regional Planning in Berlin Institute for Federal Real Estate
3 Site for Federal Ministry of Health in Berlin Institute for Federal Real Estate
4 Duispont bridge Town of Duisburg
5 Leonberg tunnel Leonberg District Town
6 Federal Foreign Office IT project Federal Foreign Office
7 New laboratory and office building Helmholtz Centre Berlin for Materials and Energy
8 New research institution Schleswig-Holstein
9 German Meteorological Service Center Federal Ministry of Transport Building and Urban Affairs
Slide 18
9 German Meteorological Service Center Federal Ministry of Transport, Building and Urban Affairs
10 Project D115 uniform authority telephone number Federal Ministry of the Interior
11 Biomass Research Centre in Leipzig German Biomass Research Centre
12 Federal Police Headquarters Institute for Federal Real Estate
13 Site for the headquaters of Federal Cultural Foundation Francke Foundations
10
Results of tender:Results of tender:
• Industry participates through more than 70 companiesand associations with approx. €7m.
• Clearly achieved objective of gaining broad shareholding encompassing all PPP sectors d it fi i l i i
Slide 19
despite financial crisis.
SMEs strongly represented.
• Wide-ranging offer from future shareholders obtained to support groundwork of ÖPP-Deutschland AG.
Contracting authority
ÖPP Deutschland AG’s areas of work
Phase-based
projectd i
Project-specific
advice oni di id l
Standardisation
Involving SMEs
Developing
Process optimisation
Slide 20
ÖPP Deutschland AGFramework agreement
advice individual issues
Developing areas of use
Knowledge transfer
= Core work= Project work
11
Current consulting projects:g p j
• New Federal Ministry of Education and Research building in Berlin
• University Medical Center Schleswig-Holstein(construction / extension / renovation)
• Leibniz Institute of Marine Sciences (IFM-GEOMAR) in Kiel(mainly construction)
Slide 21
( y )
• New building for the Dresden State Operetta
• Regional road construction in North Rhine-Westphalia
Current contracts for PPP groundwork:
• Helpdesk for the entire public sector
• Evaluation and refinement of financing models for PPP projectsin the context of the financial crisis
• Evaluation of schools projects
• Project database
• PPP in IT and services
Slide 22
PPP in IT and services
• PPP and day-care centres for children
• PPP for public-sector lighting projects
• PPP for hospitals
• PPP and local / regional road construction.
12
Helpdesk Result 200924 E i i24 Enquiries
50 % project specific adviseon individual issues concerning
• data base
• framework agreement
• financial modelling
50 % phase based project adviseagainst 5 projects for 5 projectsreasons: issues:
• not suitable • requirement specification
• less volume • project design
• unefficient • 2 offers for PPP aptitude tests
Slide 23
• 2 orders for a market test
Conclusions:• Helpdesk has success• duration of each PPPphase not less than several months• first results not before end of 2010
Federal and State Government PPP Network
P d i th F d l d St t G t PPP N t k dProcedure in the Federal and State Government PPP Network under
framework agreement between ÖPP Deutschland AG and public sector:
1. Federation and federal states identify need for groundwork
2. Federal Government obtains an opinion from ÖPP Deutschland AG
3 Finance Ministry agrees proposed course of action with other
Slide 24
3. Finance Ministry agrees proposed course of action with other ministries
4. Proposal for contracting to ÖPP Deutschland AG is put forward to the Federal and State Government PPP Network
5. Contract is awarded
13
Annual development of the volume of investment in PPP projects (building & road construction)
in € million since 2002
38 projects
15011407
800
1000
1200
1400
1600
16 projects22 projects
38 projects27 projects
16 projects
Slide 25 Source: ÖPP Deutschland AG
65
350504 590
1102
0
200
400
600
2002/2003 2004 2005 2006 2007 2008 Sep 09
2 projects
12 projects
16 projects
Development of the annual number of PPP projects (building & road construction)
3820
25
30
35
40
Slide 26 Source: ÖPP Deutschland AG
2
1216
2227
16
0
5
10
15
2002/2003 2004 2005 2006 2007 2008 Sep 09
5
5 projectsconsulted by
