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Risk Management in Transport PPP Projects

In the Islamic Countries

7

project promoters to the

risk of raising the cost of financing

in case of possible expansionary

policies. Finally, overlooking the overall planning and regulation of the transport system while

implementing a PPP initiative may result in inconsistent and uncoordinated policy assumptions

(e.g. in terms of tariffs, or project infrastructure surrounding network), that may subsequently

turn into financial sustainability risks for the PPP project at the operation stage. According to

the study

PPP units

have been established in several of the investigated countries which proved

to be beneficial at least in the identification, planning and appraisal of the PPPs, especially in

those situations where a relevant number of PPPs have been implemented.

A PPP

dedicated legal framework

is not in place in all the investigated countries at present.

The availability of a PPP specific legislation in those countries where a significant number of

PPPs exist can provide a standard framework for the regulation of PPP contracts. Usually

associated with the identification of a PPP dedicated institutional setting, this can help better

regulating the allocation of key responsibilities (including on the management of risks) related

to the implementation of PPP projects, including

risks of expropriation

. It may also partially

mitigate

risks related to changes in the legislation

by

including provisions regulating on such

circumstances.

Among the risks under this category,

fiscal risks

are by far the most discussed type of risks in

the PPP literature. The most appropriate way to deal with this type of risks is represented by

identifying a responsible unit/department within the government or the authority responsible

for state budget monitoring and control (e.g. Ministry of Finance and/or Treasury)

implementing and keeping updated a PPP projects accounting database. PPPs are in fact a

solution to reduce the burden of the investment costs of a project on the state budget, however

implications concerning the possible commitment of the public sector in terms of possible

availability payments, or guarantees associated to PPPs should be closely monitored as could

have a negative impact on the state budget. Thanks to the involvement of Multilateral Agencies

and International Funding Institutions (e.g. ADB, AfDB, EIB, EBRD, EU, IMF, WB) a growing

awareness is noticed in the investigated countries about the financial and fiscal risks related to

PPP initiatives. The study seems to show that regardless the size of the country and the number

of implemented

PPP initiatives, institutional and procedural measures have been adopted

by the PPP concerned institutions to improve their capacity in the management of these

risks

and efforts are ongoing to further strengthen institutional competences and increase

transparency in financial and fiscal risk management practices.

In general terms the adoption of a PPP policy at the national and/or sector level, together with

the setup of a PPP dedicated institutional setting (i.e. PPP unit and/or departments within the

government, Ministry of Finance and line Ministries) and legal framework represent key

mitigation elements for most of the political and legal related risks associated with PPPs. These

solutions provide indeed for a clear identity of PPPs in the policy, institutional and legal systems

with benefits in terms of political and institutional commitment to PPPs, and overall

transparency in the identification, development, procurement and monitoring of PPPs, thus also

reducing the

risk of corruption

.

The analysis shows that ad hoc PPP policies, institutional settings and legal frameworks are not

in place in all countries. At the same time the analysis also suggests that having in place a