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Effective Regulatory Framework for Public Private Partnerships

Effective Regulatory Framework for Public Private Partnerships. Delia Rodrigo Policy Analyst Regulatory Policy Division Directorate for Public Governance and Territorial Development OECD. Three main points:. The government role & Regulatory challenges Regulatory Policy Framework

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Effective Regulatory Framework for Public Private Partnerships

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  1. Effective Regulatory Framework for Public Private Partnerships Delia Rodrigo Policy Analyst Regulatory Policy Division Directorate for Public Governance and Territorial Development OECD

  2. Three main points: • The government role & Regulatory challenges • Regulatory Policy Framework • Ex ante Assessment

  3. The Government Role & Regulatory Challenges • Main goal of PPPs: Provide quality public goods efficiently and fairly through private sector participation • Implementing high quality regulation may contribute to improved trust and framework conditions for PPP success: • policy goals • political considerations • ethical concerns • PPPs without sufficient ex-ante analysis, competition, and the proper institutional framework will not deliver its promise

  4. Regulatory Policy Framework (I) • Clear goals and objectives • Establish clear benchmarks for success and failure • Ensure policy coherence • Expectations and requirements of PPPs are distinct from other forms of public-private associations • Define critical ex ante assessments needed: risk assessment and sharing • Political support • Project champion and consensus building • Risks: • bad legislative framework • distrust from private sector • financial consequences

  5. Regulatory Policy Framework (II) • Corruption and ethical issues • Information asymmetry • Contacts, informal networks and collusion • Officials’ conflict of interest • Political financing • Regulatory guidelines for PPP policy framework • Regulatory policy must “ensure that the public interest is not subordinated to those of regulated entities and stakeholders”.

  6. Ex ante Assessment • Assessment helps to • Question if PPP is the best alternative to achieve specific policy objectives • Ensure consistency with economic performance principles: Fairness Competition Efficiency Transparency Effectiveness • Use of assessment tools to achieve Value for Money: • Risk Sharing Analysis • Financial Analysis: Public Sector Comparators (PSC)

  7. Summary and Conclusions • The government role & Regulatory challenges • Provide quality public goods efficiently and fairly through private sector participation • Implementing high quality regulation may contribute to improved trust and framework conditions for PPP success • ex-ante analysis, competition, and the proper institutional framework for PPP success • Regulatory Policy Framework • Clear goals and objectives • Political support • Corruption and ethical issues • Regulatory guideline principles • Ex ante Assessment • Challenges how to best achieve policy objectives

  8. Thank you!!! For more information about our work: delia.rodrigo@oecd.org www.oecd.org/mena www.oecd.org/gov/regref

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