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Risk Management in Transport PPP Projects

In the Islamic Countries

94

Côte d'Ivoire takes also part in multinational organizations for economic and social cooperation

which are promoting PPPs. Particularly relevant for our study is the role of the

Union

économique et Monétaire Ouest Africaine

(UEMOA), grouping the West African countries

using the same currency (CFA Franc), which since several years has mobilized expertise and

resources to draft a regional PPP directive that would frame the PPP regime in its eight member

states. Once the current validation phase within the UEMOA bodies is completed, the text will be

adopted and then incorporated in the national legislation, as it was the case for the public

procurement law (UEMOA, 2018). In addition, it is worth recalling that the same organization

adopted the Directive N°01/2009/CM/UEMOA, concerning transparency in the management of

public resources, and also addressing PPP initiatives in the UEMOA countries.

Also another regional organization of economic cooperation, i.e.

Economic Community of West

African States

(ECOWAS) has historically supported PPP initiatives, and has also identified PPP

initiatives for the implementation of transport projects under the Community Development

Program (CDP), such as the Abidjan-Lagos Coastal Highway Transport Corridor or the Cotonou-

Niamey-Ouagadougou-Dori-Abidjan railway loop project and the Ouangolodougou-Bamako

railway line, which concern Côte d’Ivoire.

Legal provisions & strategies

The initial

legal framework

regulating the PPP initiatives in Côte d'Ivoire was set up in 2012,

with the following acts:

Decree N. 2012-1151 of 19 December 2012, concerning the Public-Private Partnership

contracts;

Decree N. 2012-1152 of 19 December 2012, concerning the powers, organization and

functioning of the Public-Private Partnerships institutional framework, subsequently

amended by Decree N. 2014-246 of 08 May 2014.

In particular, Decree n. 2012-1152 introduced a new institutional body, the

National Steering

Committee for PPPs

(

Comité National De Pilotage Des Partenariats Public-Privé

– CNP-PPP),

established under the Presidency of the Republic, with the mission to support and assist PPP

project administrations at all stages of the project life-cycle (design, preparation, award,

monitoring and control of contract execution).

In late 2017, the CNP-PPP proposed to its hierarchy draft texts aimed at replacing the legal and

institutional regime of Public-Private Partnerships established since 2012, introducing a new

regulatory framework based on feedback implementation of PPP projects over the former four

years. These legislative proposals were approved and the Council of Ministers on 29 March 2018

adopted two new decrees:

Decree No. 2018-358 of 29 March 2018, setting outs the rules for Public-Private

Partnership contracts;

Decree No. 2018-359 of 29 March 2018 relating to the powers, organization and operation

of the CNP-PPP.