A Focus on PPPs in Italy Normative and Institutional Framework Fiscal Incentives for infrastructural projects

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Irene Webster
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A Focus on PPPs in Italy Normative and Institutional Framework Fiscal Incentives for infrastructural projects 8 th Annual Meeting of Senior PPP Officials 23-24 March 2015, OECD Conference centre,

1 A Focus on PPPs in Italy Normative and Institutional Framework Fiscal Incentives for infrastructural projects 8 th Annual Meeting of Senior PPP Officials March 2015, OECD Conference centre, Paris Gabriele Pasquini Head of Secretariat Of Public Utilities and Infrastructure Regulation Unit Marco Tranquilli Senior Expert of Public Utilities and Infrastructure Regulation Unit Working Group on PPPs Presidency of the Council of Ministers Department for Planning and Coordination of Economic Policy (DIPE)

2 PPP Developments in Italy: a brief Overview «Merloni ter» Law encourages use of PPPs Establishment of UTFP within the Ministry of Economy and Finance Amendments to the «Merloni-ter» Law allow «authority pay» PPPs Introduction of the Public Contracts Code (which deals with PPPs) Consolidation of the legislative framework into the Public Contracts Code enforcing use of PPPs. Moreover, UTFP moved to the Prime Minister s Office The public grant for SPVs can be reduced and/or cancelled through a fiscal compensation mechanism Possibility for SPVs to issue project bonds. Moreover, private partners can benefit from tax credits Provisions designed to facilitate the bankability and financing of PPP projects 2014 Tax credits: The threshold is reduced further from 200 million to 50 million

3 The PPP Italian Legal Framework: Focus on the Work Concession Contract Award of concession contracts - two procedures: Art of the Public Contracts Code - Work concession under public initiative : On the basis of a preliminary project, of a business plan and of a draft covenant, the Administration issues and publishes a call for tender. The procedure establishes that the awarding administration may entrust works concessions in compliance with the principle of the most economically advantageous tender. Art. 153 of the Public Contracts Code - Work concession under private initiative : Current legislation for project finance distinguishes between several main schemes for awarding works concessions. The Administration aims to stimulate the private sector in offering innovative and qualified proposals. The schemes are: a one step procedure, disciplined by art. 153 para of the Code; a two steps procedure, disciplined by art. 153 para. 15 of the Code; a private initiative procedure, disciplined by art. 153, para of the Code; a private initiative procedure, disciplined by art. 153, para.19 of the Code.

4 Strategic Infrastructures: The Decision-Making Process PROPOSAL ASSESSMENT Government Relevant Ministries Presidency of the Council of Ministers Department for Coordination and Planning of Economic Policy Unità Tecnica Finanza di Progetto Unità Tecnica Finanza di Progetto DECISION CIPE Other Ministries IMPLEMENTATION MONITORING Relevant Ministries Stakeholders Relevant Ministries LEGEND mandatory flow optional flow PCM DIPE: Cipe Office NARS: Unit for the Implementation of CIPE Guidelines on Regulation of Public Utilities UTFP: PPP Task Force

5 Strategic Infrastructure Programme (L. 443/2001) Most relevant infrastructure projects including TEN-T corridors Displayed and analysed in the Strategic Infrastructure planning document «Allegato Infrastrutture» attached to the Economic and Financial Planning Document «Documento di Economia e Finanza» Total Value 231 Billion EUR «Legge Obiettivo» n. 443/2001 Strategic Infrastructure Law Articles 161 and following

6 New approaches: Fiscal Incentives Tax Relief Measures for the Infrastructures Financing ART. 18 Law n. 183/2011 BUSINESS PLAN OF PPP CONTRACT OR CONCESSION PUBLIC CONTRIBUTION Compensation with 50% TOTAL INVESTMENT Corporate Tax Regional Tax on Productive Activities VALUE-ADDED TAX CONCESSION FEE Motorway concessions only

7 The Department for the Planning and Coordination of Economic Policy (DIPE) and the Interministerial Committee for Economic Planning (CIPE) The Department for the Planning and Coordination of Economic Policy (DIPE) provides support to the Interministerial Committee for Economic Planning (CIPE) and the Presidency of the Council of Ministers in matters concerning: infrastructure and transport; tariff regulation for public utility services (motorways, airports, ports, railways and water); division of national and Community resources for underutilized areas; productive activities and energy; research and technological innovation; health; social and housing policies; environment and development of mountain areas. 7

8 PUBLIC UTILITIES REGULATION UNIT: General Overview NARS stands for Public Utilities Regulation Unit Its remit lies within sectors not regulated by Independent Authorities Governmental advisory body specialized in tariff issues NARS typically facilitates CIPE s decision-making process but may also be activated by a single Minister

9 PUBLIC UTILITIES REGULATION UNIT: General Overview : NARS produces opinions and recommendations, especially on long term contracts and tariffs regarding public utilities According to the 2008 Reform it is organized as follows: A Coordinator 9 Representatives of Ministries Up to 10 Experts Head of Secretariat as Executive Director of CIPE Office

Establishing and Reforming PPP Units. Analysis of EPEC Member PPP Units and lessons learnt

European PPP Expertise Centre European PPP Expertise Centre European PPP Expertise Centre European PPP Expertise Centre Establishing and Reforming PPP Units Analysis of EPEC Member PPP Units and lessons