Public and Private Participation in the Water and Wastewater Sector provides practical guidance on applying Public Private Partnership structures within the constraints of European legislation, with examples on how to ensure consistency with EU procurement, competition law and the Water Framework Directive. It reconciles the need for adequate regulation within the context of a monopoly provision of service – a major concern of the European competition policy. The purpose of this book is to provide practical guidance on how to introduce a Public Private Partnership (PPP) as a strategy towards helping meet the demands for massive capital investments and improved management and performance in the water and wastewater sector. The introduction of PPPs within a European context needs to be assessed against compliance with basic EU law principles related to Competition and the Water Framework Directive. International legal structures in the management, distribution and treatment of water are discussed. There is a brief overview of the present realities of European integration, the political and legal aspects involved in the water sector and two cases in which a viable solution was reached and which form the basis of this research. The book examines the general principles of EU law in terms of competition and procurement and how other directives have an impact on PPP. It then assesses the specific rules applicable to PPP in the EU context, and their implications in designing water PPPs. The book concludes with a review of two case studies (the City of Sofia, Bulgaria and the City of Tallinn, Estonia) that show how the Public Private Partnership structure chosen provides a sound legal basis and a viable way to achieve compliance with Community law and the Water Framework Directive, thus assisting the process of accession to the EU for each country. Public and Private Participation in the Water and Wastewater Sector: Developing Sustainable Legal Mechanisms is principally aimed at supporting municipal, provincial, and central governments and other policy makers seeking to improve water services. It is a must read for policymakers and practitioners seeking to navigate through the intricacies of EU legislation and the complexities of public private partnerships. The principles addressed in this book will also be useful outside the European context. See also: Private Sector Participation in Water Infrastructure, Organisation for Economic Co-Operation and Development (OECD), 2009; Public Private Partnerships in the Water Sector, Innovation and Financial Sustainability, Cledan Mandri-Perrott and David Stiggers, 2012

'Public-Private Partnerships for Urban Water Utilities: A Review of Experiences in Developing Countries' analyzes the market growth of Public-Private Partnerships (PPPs) in the developing world since 1990, and the performance of more than 65 large water PPP projects representing more than 100 million people for access, service quality, operational efficiency, and tariff levels. Although a relatively small portion of the water utilities in the developing world are operated under PPPs (about 7 percent in 2007), the urban population served by private water operators has grown every year since 1990. Despite many difficulties encountered by PPP projects and a few contract terminations, a large majority of contracts awarded since 1990 are still in place. The track record for improving service and efficiency reaffirms the value of PPPs to help turn around poorly performing water utilities, even though the level of private financing did not match initial expectations. Over time, a more realistic market has developed, the number of private investors from developing countries has grown, and contract designs have become more pragmatic concerning risk allocations between partners. The water sector has many features that set it apart from other infrastructure sectors. This book suggests the need for careful consideration of those specificities to successfully involve private operators. Although concessions with private financing have worked in a few places, contractual arrangements that combine private operation with public financing appear to be the most sustainable option in many countries. Policy makers, stakeholders, and donors need to remain heavily engaged in the water sector, especially in the poorest countries and during a global financial crisis. This book contributes to a better understanding of the various options to tackle the many challenges of providing water and sanitation services to urban populations in the developing world.

The purpose of this guide is to enhance the chances of effective partnerships being developed between the public and the private-sector by addressing one of the main obstacles to effective PPP project delivery: having the right information on the right projects for the right partners at the right time.

In the quest to reduce costs and improve the efficiency of water and wastewater services, many communities in the United States are exploring the potential advantages of privatization of those services. Unlike other utility services, local governments have generally assumed responsibility for providing water services. Privatization of such services can include the outright sale of system assets, or various forms of public-private partnershipsâ€"from the simple provision of supplies and services, to private design construction and operation of treatment plants and distribution systems. Many factors are contributing to the growing interest in the privatization of water services. Higher operating costs, more stringent federal water quality and waste effluent standards, greater customer demands for quality and reliability, and an aging water delivery and wastewater collection and treatment infrastructure are all challenging municipalities that may be short of funds or technical capabilities. For municipalities with limited capacities to meet these challenges, privatization can be a viable alternative. Privatization of Water Services evaluates the fiscal and policy implications of privatization, scenarios in which privatization works best, and the efficiencies that may be gained by contracting with private water utilities.

Public sector funding and resources are often inadequate to meet increasing demands for investment and effective management, and a growing case history shows increasing involvement by the private sector in provision of infrastructure and services through PPP arrangements. The objective of this book is to determine, and make recommendations on, means of optimizing the use of Public Private Partnerships (PPP) in development of infrastructure whilst ensuring the sustainable long term provision of water and waste water services. The focus is on providing detailed recommendations on contractual issues and contract structures to achieve this objective. Public Private Partnerships in the Water Sector - Innovation and Financial Sustainability: Identifies what is needed to establish effective and sustainable water and wastewater service reform when using a PPP arrangement, and importantly how those issues can be addressed contractually. Provides specific recommendations of a comprehensive and detailed approach to contract drafting to ensure effective, sustainable and long term provision of water and wastewater services, including an approach for adaptation of public procurement procedures for PPP arrangements. Recommends a proposed approach to dealing with the influence of imperfect or unavailable data on the long term effectiveness or sustainability. This is a practical and pragmatic book in which the authors share their considerable experience on devising and implementing PPPs in the water sector. It is aimed primarily at practitioners working with developing countries but its recommendations will also be suitable for application in developed countries. It is also a useful reference for postgraduates and academics studying infrastructure development. See also: Public and Private Participation in the Water and Wastewater Sector - Developing Sustainable Legal Mechanisms, Cledan Mandri-Perrott, 2009 Private Sector Participation in Water Infrastructure, Organisation for Economic Co-Operation and Development (OECD), 2009.

Ensuring quality and affordability in the water services is a fundamental requirement for the social, economic and environmental development of modern societies. Achieving this goal requires dealing with a large diversity of challenges, such as efficiency, investment, governance, procurement and sustainability, while ensuring the alignment of the stakeholder's objectives, often with conflicting expectations. Public-private Partnerships (PPPs) have emerged as a desirable model for Governments to develop and improve water services, particularly due to the shortage of public financing. Although PPPs have proven to be able to deliver value for money in public services provision, the empirical evidence also shows that there are significant risks in the use of this procurement model. Public-Private Partnerships in the Water Sector: From Theory to Practice provides an integrated overview of the life-cycle process for successfully developing and managing PPPs, from the preliminary studies and public tender stage to the contract management and regulation, and also addressing the critical issues on contract design. It provides the theoretical background for the use of PPPs, and addresses the challenging question of implementing and managing PPPs in developing economies. This is a unique manual for those engaged in the water sector and, particularly for Central and Local Governments, private sector operators and academics dealing with the provision of water services and private sector participation in public services. Contents Introduction to the PPPs; The Water sector and the potential use of PPPs; The design of the PPPs contracts: the major Y and N; The preliminary studies and the public tender stage; The contract risk matrix and the problem of renegotiation; The contract management and the regulation of PPPs; The case of institutionalized PPPs or the mixed companies; The use of PPPs in the developing world; The worldwide experience of PPPs in the water sector; Best practices case studies; Concluding remarks Authors: Rui Cunha Marques - Instituto Superior Técnico - Universidade de Lisboa - Lisbon - Portugal Carlos Oliveira Cruz - Instituto Superior Técnico - Universidade de Lisboa - Lisbon - Portugal

Over the last decade or so, private-sector financing through public-private partnerships (PPPs) has become increasingly popular around the world as a way of procuring and maintaining public-sector infrastructure, in sectors such as transportation (roads, bridges, tunnels, railways, ports, airports), social infrastructure (hospitals, schools, prisons, social housing) public utilities (water supply, waste water treatment, waste disposal), government offices and other accommodation, and other specialised services (communications networks or defence equipment). This book, based on the author's practical experience on the public- and private-sector sides of the table, reviews the key policy issues which arise for the public sector in considering whether to adopt the PPP procurement route, and the specific application of this policy approach in PPP contracts, comparing international practices in this respect. It offers a systematic and integrated approach to financing PPPs within this public-policy framework, and explains the project-finance techniques used for this purpose. The book deals with both the Concession and PFI models of PPP, and provides a structured introduction for those who are new to the subject, whether in the academic, public-sector, investment, finance or contracting fields, as well as an aide memoire for those developing PPP policies or negotiating PPPs. The author focuses on practical concepts, issues and techniques, and does not assume any prior knowledge of PPP policy issues or financing techniques. The book describes and explains:* The different types of PPPs and how these have developed* Why PPPs are attractive to governments* General policy issues for the public sector in developing a PPP programme* PPP procurement procedures and bid evaluation* The use of project-finance techniques for PPPs* Sources of funding* Typical PPP contracts and sub-contracts, and their relationship with the project's financial structure * Risk assessment from the points of view of the public sector, investors, lenders and other project parties* Structuring the investment and debt financing* The key issues in negotiating a project-finance debt facility. In addition the book includes an extensive glossary, as well as cross-referencing.*Reviews the PPP policy framework and development from an international perspective*Covers public- and private-sector financial analysis, structuring and investment in PPPs*No prior knowledge of project financing required