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Risk Management in Transport PPP Projects

In the Islamic Countries

142

Based on the analysis of the existing literature, it seems that

risk management practices

and

processes in Mozambique are extensively addressed in the PPP law and in its implementing

regulation. The principles and provisions included in the legislation foresee the appropriate

management of risks at all stages of the PPP project life-cycle from project idea to project

closure. Risks as well as institutional responsibilities and timing of risk evaluation and

monitoring reporting are also identified and reference is made to the use of guidelines/pre-

defined models for ex-ante appraisal and ex-post assessment. Mozambican institutions seem

however facing difficulties in the application of legislative provisions. This issue seems primarily

triggered by the lack of capacity and resources and unavailability or in any case inadequacy of

the existing guidelines and models, that may require adaptation/improvement (see also SET,

2018).

Performance metrics

According to PPP legislation, line Ministries, have ultimate responsibility on the

monitoring of

the PPPs

in their sector of competence. The Ministry of Economy and Finance has responsibility

in supervising the monitoring of the economic and financial performance of the PPPs in all

sectors. The Regulatory Authorities have responsibilities in controlling the delivery of the PPP

under the contractual standpoint and make sure the parties conform to the terms set in the PPP

contracts.

Auditing and monitoring procedures are also defined by law. The Regulatory Authority has

responsibility to elaborate monitoring reports on the performance of the PPPs, every six

months. These reports shall be submitted to the line Ministries and to the Ministry of Economy

and Finance. This information is to be gathered both at the construction and operational stages

of the delivery of the PPP contract. The monitoring activity performed by the Regulatory

Authority shall encompass the technical and functional scope of the project as well as its socio-

economic and financial targets. This authority is responsible for the verification of the fulfilment

of the contractual provision by the public and private parties. To the purposes of elaborating

these reporting activities the line Ministry is responsible of defining the tools and models

required for the measurement of the progresses of the works during the construction stage and

performance parameters for the assessment of the PPP at the operation stage. The Ministry of

Economy and Finance is responsible for the definition of the tools andmodels for the monitoring

and reporting of the economic and financial performance of the PPPs. In order to elaborate the

periodical reporting, the Regulatory Authority shall collect the relevant information from the

PPP contractors. Accordingly PPP contractors have reporting obligations on a biannual basis.

The line Ministry and the Ministry of Economy and Finance shall furthermore elaborate

individual and global monitoring reporting on the PPPs. The PPP contract shall explicitly include

the type of information required for monitoring purposes along with the responsibilities and

competent authorities involved in the follow up procedures and the monitoring schedule.