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Risk Management in Transport PPP Projects

In the Islamic Countries

62

Not a panacea: controversy reigns

Evidence and opinions on the merit of PPPs remain controversial

15

and the general view is that

they can work, but need to be carefully prepared and executed,

with risk governance

representing one of the key components to build resilient PPP delivery systems

. A recent study

of the European Court of Auditors

16

found that the overall results of a sample of PPP operations

co-financed by the EU was disappointing. In the case of the 6 road transportation projects

covered by the study, the Spanish and Greek projects were subject to significant delays and cost

overruns. In the case of Greece, projects were financed by toll revenues alongmotorway sections

operated by the private partner. However, the economic crisis in Greece caused a collapse in

traffic volumes and toll revenues and, in order to avoid suspending construction and paying

substantial damages to the private party under

force majeure

provisions included in the

concession contracts, the government had to re-negotiate the contract and commit to

substantial additional injections of public financial support.

A hard lesson learnt from the United Kingdom is that extensive experience in PPPs and

sophisticated financial markets are not enough to ensure that PPP risks are managed effectively.

A 2012 Treasury Review of PPPs

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found that the first generation of PFI operations (“PFI1”) had

been too often unable to deliver Value-for-Money. Criticisms included also risk allocation,

emphasizing how inappropriate risk management will mean that the cost of a PPP is likely to be

higher compared to the optimal or more desirable solution, with the excess cost associated to

higher than necessary fees for the public sector (or the user in case of user-pays PPPs), costly

disputes or inadequate service delivery.

The growing role of Islamic finance

In recent years, the Islamic financial market has been growing rapidly across the globe

. Over

the past six decades, the market has reached nearly USD 1.9 trillion (World Bank et al., 2017),

with a near double-digit annual growth, as reported by the Islamic Financial Services Board

(IFSB, 2017).

During the 2008 global financial crisis, Shariah-compliant financial institutions performed

better than their conventional counterparts. The reason relates to the business of Islamic

financial institutions which undertake transactions which are:

Asset-backed or asset-based;

Based on risk-sharing principles.

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For critical views of the PPP experience in the road transport sector see for instance Shaoul J, Anne Stafford

A., Stapleton P. (2006), “Highway Robbery? A Financial Analysis of Design, Build, Finance and Operate (DBFO)

in United Kingdom Roads”, Transport Reviews Volume 26, Issue 3. For a more general critique see Hall D.

(2015), “Why Public-Private Partnerships don’t work. The many advantages of the public alternative.” London,

PSIRU, University of Greenwich.

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European Court of Auditors (2018) “Public-Private Partnerships in the EU: Widespread shortcomings and

limited benefits”, Special Report 09/2018, Luxembourg.

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HM Treasury (2012) “A new approach to Public-Private Partnerships”. This was one of the key documents

that launched the new approach in delivering PPPs, “PFI2”. The publication has been withdrawn in December

2018 and is no more recommended a reference for the design of PPP operations in the United Kingdom.