Professional Documents
Culture Documents
PPP in ICT infrastructure
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Panagopoulos
& Partners Greek PPP Market:
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Long withstanding experience
Greece has started implementing PPP contracts since 1993
First generaton PPP projects
Three pioneering projects paved the way for a wider use of PPPs in
delivering public infrastructure:
– Rion Antirion Bridge
– Athens Ring Road/Attiki Odos
– Athens International Airport
• Today all these three concession projects are in successful operation.
• EIB supported all three projects, underlining its catalytic role in helping to
co‐finance major infrastructure projects together with the public and
private sector (PPPs).
Second generation PPP projects
– Ionian Motorway
– Central Greece motorway (E65)
– Maliakos – Kleidi
– Elefsina – Korinthos ‐ Patra
– Korinthos – Tripoli – Kalamata and branch Lefktro ‐ Sparti
– Cosco Pacific concession for 35 years of Piers 2 and 3 at Port of Piraeus
S. 2 25‐Nov‐11
Panagopoulos
& Partners Greek PPP Market:
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Legal & institutional frame work evolution
First and Second generation concession projects had the main characteristics:
•All were ratified in Parliament as distinct laws
•Motorways and airport projects were co‐financed by EU funds
Need for a legal framework that…
• Enables the wider implementation of PPPs
• Overcomes obstacles that delayed the implementation of projects
• Bridges the legal gap that led each co‐financed project to the Parliament for ratification
Establishment of a PPP Law (L.3389)
Result of extensive consultation
“Umbrella” framework
Incentives to private sector
Establishment of Inter‐Ministerial PPP Committee
Establishment of the PPP Unit
Clear approval and tendering process for PPP projects
S. 3 25‐Nov‐11
Panagopoulos
& Partners Reasons justifying the implementation of
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ICT projects trough PPP model
Conventional public contracts PPPs
Payments Payments
Cost
Overruns
Estimated
Capital Payment based on use
Time overruns
Costs No
payments
Running cost overruns until
facilities Payment based on
Estimated Operation Cost ready availability
YEARS YEARS
5 10 15 20 5 10 15 20
Construction Construction
Phase Operation & maintenance Phase Phase Operation Phase
S. 4 25‐Nov‐11
Panagopoulos
& Partners PPP Framework:
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Approval & awarding procedures
Awarding Procedure
Submission of a project proposal
Amendments/
to the PPP Unit
new data Tender of the project
Evaluation by the PPP Unit
Submission of proposals
Are the
Rejection of the In part
No evaluation
proposal criteria met? Evaluation and selection of
the SPV
Yes
Inclusion to the List of Proposed Signed PPP contract
Partnerships
Submission of an Application & Justification
Report for Approval to the Inter‐Ministerial Approval of design‐ licenses
Committee
Is the Implementation of the project
Rejection of
Public financing or No application Yes Approval
abortion of the project approved?
• Approval of financing and inclusion to the Public Investments Program
• Appointment of advisers
• Preparation of tender procedures
S. 5 25‐Nov‐11
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& Partners
Tools to boost investment in ICT
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EU Funds PPP
• EUR 1,47 bil. until 2013 through • Financial incentives for the private
the “Digital Convergence” sector bring efficiencies in delivery of
Operational Program to finance the service
new ICT infrastructure • PPPs bring a focus on future services
(asset and lifecycle‐management)
• Increased affordability – for rather than simply constructing the
both the public sector and the asset
end‐user • Leverage scarce public funds with
private investment – “do more with
less”
Blending EU and private funds through
PPPs introduces an innovative way to
implement ICT projects
S. 6 6
25‐Nov‐11
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& Partners
Utilizing EU Grants in ICT PPP projects
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Unique PPP projects which For the first time in Greece, EU funds are blended with private finance in
effectively blend EU funds and availability payments PPP projects. First ICT PPP projects to be implemented.
private funds.
•Next ICT project, Rural Broadband – in planning process
Strong intention to continue utilizing EU funds in ICT PPP projects as well as spreading the use of them
in other sectors such as environment and social infrastructure
S. 7 7
25‐Nov‐11
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& Partners
How to blend EU funds with PPP
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The CAPEX subsidy method Î All projects receive a Inter‐ministerial approval with specific budget, based on the NPV of
future payments by the state.
• Availability payments linked to Î Future payments are part of the Public Investment Program
the performance level achieved Î We have introduced a principle: future payments do not exceed a specific threshold of
during operation annual Public Investment Program.
• In availability based projects, co‐
financing rate chosen so as to Availably Payments during operation (or users charges)
ensure transfer of adequate 20
financing risk to the private
partner Part of the
initial 10 Construction
• In user charges projects the investment period
funding gap method is used to co‐financed
by EU funds 0
determine the co‐financing rate
2012 2013 2014 2015 2016 2017 ………. 2022 2023
• Design, construction,
-10
maintenance, upgrading and Operational Period (10 years)
operation risk transferred totally
to the private partner -20
Part of the
-30 Dividends All the costs relate to the
Private
funds for the Operational Cost operation, maintenance,
financing of technical support and
-40 Maintenance ‐ Upgrading upgrade of the system is
the rest of
investment Debt Servicing fully privately financed
S. 8 8
25‐Nov‐11
Panagopoulos
& Partners
Telematics Passenger Information System
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Vehicle and Bus Stops • Centralized and real time monitoring
Management Center
of the fleet – Service schedule
optimization – Cost Control
• Ability for the passenger to (re)plan
Wireless communication journey taking into account current
circumstances
S. 9 9
25‐Nov‐11
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& Partners
Electronic Ticket Collection System
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“Smart Cards” sales network
Alternative Sales
Points of Sales
Automatic Vending
Machines
Network • Facilitate the access to all transport modes
Ticket Validating Machines in metro
• Enable flexible and more fairer pricing
stations and buses
• Reduction of ticketless traveling
Ticket checking
• Detailed data on system usage leading to
Management Centers in better programming of service
Bus – Trolley – Tram Depots
Metro Stations
Operators’ Management Centers
• Automated ticket accounting and selling
process
Vital contribution to the financial
System’s Management Center robustness of public transport operators
‐ Easier access and fairer pricing for the
passengers
S. 10 10
25‐Nov‐11
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& Partners
Contractual structure
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Contracting Authority
Public Transportation Service Providers
Partial subsidy of
equipment expenditure
Financiers Loans
SPV
Shareholders Equity Subcontractors
Construction Maintenance
Design Upgrade
Installation Operation
S. 11 25‐Nov‐11
Panagopoulos
& Partners Procurement of ICT PPPs in Greece
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(restricted 2‐phase procedure)
-
1st Q 2011 3rd Q 2011 2nd Q 2011
-
S. 12 25‐Nov‐11
Panagopoulos
& Partners The keys to a
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successful PPP procurement procedure
9 Maturity of the project (land ownership issues, specifications etc)
9 Feedback from the market (market‐sounding, consultations)
9 Precise and technology‐neutral project specifications
9 A complete series of tender documents that provide an adequate degree of
information about the whole life cycle of the project and the procurement process
9 A balanced & thoroughly drafted PPP contract, incl. terms for all the future project’s
needs
9 Transparency and objectivity of the procedure
9 Clear and proportional selection / pre‐qualification criteria & short listing
methodology
9 Objective and quantifiable bid evaluation and award criteria
9 Detailed and solid justification and documentation of all acts and decisions related to
the award procedure
S. 13 25‐Nov‐11
Panagopoulos
& Partners
Future ICT PPP in Greece
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Broad band networks Telemetry
• Enhance broadband • Remote measurement
connectivity in rural and and reporting of
urban areas information
• Transition to Next • Water management,
Generation Networks agriculture, energy
monitoring…..
E Government Web portals (Culture, Tourism…)
• ICT and web‐based • Digital access to Greek
telecommunication to cultural heritage
enhance the efficiency • Promotion of tourism
and effectiveness of services and retail (…end
service delivery in the – to end destination
public sector management…)
S. 14 14
25‐Nov‐11
Panagopoulos
& Partners
Next ICT project: Rural Broadband
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Î Sufficient BB coverage (Agenda
2020)
Î Reliable & affordable network
services
Broadband Î Powerful & expandable /
GAP upgradable infrastructure (long
term solution)
Î Fostering of real competition
between BB providers
Tangible Targets PP A B
Population coverage: 75 % Î 90 % Î 100 %
Territorial coverage: 50 % Î 75 % Î 80 %
Class A‐service: Î 40 % Î 100 %
Penetration Î 2014: 14 % Î 2020: 25%
Intangible Targets
• Economic & social growth (new businesses
& employment)
• Fighting urbanization – fostering social &
regional cohesion
• Promoting ICT innovation
S. 15 15
25‐Nov‐11
Panagopoulos
& Partners Greece:
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Focal point in regional PPP practice
• On‐going enhancement of Greece’s role in international PPP activity.
• Direct cooperation with European PPP Expertise Center (EPEC) on policy matters.
• The Special Secretariat for PPPs is member of the Team of PPP Specialists of the United Nations Economic
Commission for Europe (UNECE).
• Direct collaboration with the European Investment Bank (EIB) for projects’ financial support
• Partnership with the World Bank Institute on PPP capacity building for the SEM region via the
establishment and operation of the South‐East European and Mediterranean PPP Network.
• Participation in the Experts Team for Twinning Light Programs with the Republic of Croatia.
• Delegations from the following countries Egypt, Jordan, Bosnia, Bulgaria, Latvia, Cyprus, Ukraine and
Indonesia have visited Greece in order to obtain know‐how and expertise from the Greek authorities.
S. 16 25‐Nov‐11
Panagopoulos
& Partners
Thank You!
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Spyros Panagopoulos
LLM Regensburg, Rechtsanawalt
A. Panagopoulos & Partner
Τ: (+30) 6974 891989 | 2310 234498
F: +30 2310 271609
procurementlawyer@gmail.com
span‐law@otenet.gr
Public Profile: http://gr.linkedin.com/in/spyrospanagopoulos