indian railway ppp concession ing final

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    World Bank Support of Railway

    Conc essioning & Bidding

    ROUNDTABLE ON RAILWAY PPPs

    George Tharakan and Nupur Gupta, World Bank (SASEI)New Delhi, June 16, 2006

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    World Railways and PPP

    Americas, Australasia, UK

    Substantial increase in PPP activity

    Virtually all rail freight in private hands Central Asia & Eastern Europe

    Restructuring involving transition from centrally planned toautonomous management, some privatization

    European Union except UK

    Largely publicly owned and operated

    Adoption of various degrees of separation of infrastructure from

    operations China and India

    Largely vertically integrated & publicly owned

    Mega network development plans

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    Railway PPP Experience

    Developing World

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    Railway PPP Financ ing 1990-2001Developing Countries

    Latin

    America,

    62%

    East Asia

    acific, 35%

    Other, 3%

    US$ 29 billion

    Much of the PPP investment has taken place in Latin America and EastAsia. While in LA the experience is largely with freight railways, in EA it is

    mainly with urban passenger rail.

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    World Bank Group Experienc e

    with Railway PPPs Freight concessions (30 +): Argentina, Chile,

    Brazil, Bolivia, Uruguay, Guatemala, Mexico,Peru, Cote dIvoire/Burkina Faso, Cameroon,Malawi, Mozambique, Senegal/Mali, Ghana,Jordan, etc.

    Partial Privatizations: Poland, Romania

    Suburban passenger concessions: Buenos

    Aires 7 lines, Rio de Janeiro, Mexico City Metro Concessions: Buenos Aires, Rio de

    Janeiro, Bangkok, Sao Paulo Line 4

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    LAC Rail PPP Profile

    LAC accounts for close to two-thirds the

    investments in developing world - $16 bn 3 countries Brazil, Argentina & Mexico

    account for 95% of the investment

    Largely concessioning of existing railways

    Largely freight corridors

    Vertically integrated concessioning

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    Performanc e of PPP in RailwaysFreight TrafficVolume

    Year of MainConcession

    2003 TKM increaseover Concession

    Year

    Argentina 1993 145.7%

    Bolivia 1996 -6.4%

    Brazil 1996 40.3%

    Chile 1995 58.3%

    Colombia 1999 68.3%

    Mexico 1997 29.1%

    Peru 1999 117.8%

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    Latin America Railway Concession

    Results Erosion of railway traffic base halted

    Service quality improved

    Significant total factor productivity improvements

    Tariff levels declined

    Government relieved of financial burden

    Investment projection typically not met largely aresult of lower traffic volumes than projected

    Limited impact on allocative efficiency, railway

    market shareConcessions resulted in improved traffic flows, productive efficiency andreduced tariffs. On the other hand, they did not generally result in largecapacity additions or improved inter modal competition

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    Indian Railways & Need for Capac ity

    Enhancement

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    Indian Railways

    IR, the fourth most heavily used system in theworld

    Responsible for 15% of passenger traffic and25% of freight traffic in the country

    IR has been steadily losing freight market shareto highways due to capacity constraints andskewed tariff policy

    Looking from a port connectivity perspectivealone there are serious capacity constraints

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    Port Traffic & Trade Projec tions Port traffic is expected to double from present levels of over

    500 million tons by 2015.

    Container traffic from 4.5 to 20 million teu, dry bulk trafficfrom 197 to 390 million tons over the next ten years

    Urgent need for rail capacity enhancement and technology

    upgradation to cater to this growth alone

    164

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    1130

    0

    200

    400

    600

    800

    1000

    1200

    1990-91 2000-01 2004-05 2009-10 2014-15

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    Competitiveness of Ind ian Trade

    Higher logistics costs incurred by exporters onaccount of suboptimal routing or mode use

    directly affect competitiveness While these additional costs may be sustainable

    during boom periods, may lead to a loss of tradeopportunity during troughs, and therefore an

    overall loss to the economy

    Rail capacity and efficiency needs to be significantlyramped up for meeting the growing trade opportunities

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    Paradip Port Case Study - Hinterland

    Cha

    ttis

    garh

    Orissa

    JharkhandWest

    Bengal

    Paradip

    Haldia

    Vishakhapatnam(Vizag)

    Koira (IO)

    Gua Noamundi (IO)

    Joda-Barbil (IO)

    Bailadila17.2 5.6 11.6

    Daitari (IO)Dalli Rajhara8.0 0.0 8.0

    Sambalpur (TC)

    RaipurTalcher (TC)

    Paradip is the naturalchoice for exports of IronOre and Thermal Coal butsignificant quantitiesvolumes must movethrough Haldia and Vizag

    Key issue for thermal coalis the connectivityconstraint

    Key issues for iron ore are

    Connectivity constraint

    Port handling facilities

    Paradip Vizag Haldia

    Iron Ore

    15.74

    9

    (57%)

    1.32

    (8%)

    5.4

    (34%)

    Thermal Coal

    13

    10.5

    (81%)

    2.5

    (19%)

    -

    Quantity in Million TonnesPort unable to encash hinterland value

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    Paradip Case Study Iron Ore Exports Port handled only 60% of iron ore exported from itshinterland

    Paradip handled 9 million tonnes

    61% of the ore at Paradip was transported by road. Rail line capacity, port rake handling capacity are constraints

    Logistics Cost

    Rail transport cost to various ports ranges between Rs 450 Rs

    1,350 (per MT) Road transport cost varies between Rs 1,000 Rs 1,250 (per MT)

    Impact of new rail connectivity projects

    The Banspani Daitari rail link will reduce costs by Rs 350 per MT,this will benefit significant volumes earlier routed to Haldia

    Lower FoB price of ore will expand market demand, so benefitseven larger. Savings on the order of Rs 100 crore a year or higher.

    High inland transport costs is one of the key issues

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    Paradip Port Case Study Thermal Coal

    Origin Port Distance

    Km

    Paradip 200 194Talcher

    Vizag 560 472

    Inland Haulage

    Rs per MT

    Sambalpur

    Talcher

    Paradip

    Vizag

    Paradip is the natural choice for coastalshipping of Thermal Coal

    Significant quantities of thermal coal aredirected to Vizag ( 20- 25%)as per allotmentplan of the Standing Linkage Committee forthermal coal

    Standing Linkage Committee, allotment plan forJan March (06-07)

    Reduction in volumes to Paradip 18%

    Increase in volumes to Vizag 51%

    This is primarily due to rail line capacity issues

    Talcher Paradip

    Sambalpur Paradip

    Cuttack Paradip

    Rail capacity is the key reason

    for reduction in volumes

    IRCapac ity Enhancement Potentia l

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    IR Capac ity Enhancement Potentia lIndia-China Comparison

    (2002 Data)

    India China

    Route-km 63,000 72,000

    Ton-km per year(billion)

    336 1551

    Average Freight Tariff

    (US cents/ton-km)

    1.6 0.96

    Traffic Density

    (million TU/route-km)

    13.1 27.4

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    China Railway Network Plan

    2003-20

    Railway route length to increase from 75,000to 100,000 km

    Separation of freight and passenger

    transport operation on trunk lines 50% double tracking

    50% electrification

    Total cost of the mid and long term network plan is expected to be$240 billion spread over 2003-20

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    Indian Railways Development Plan

    2007-12 Rs. 5,00,000 crores ($ 100 bn) outlay proposed

    for railway upgradation Capacity upgradation

    Rolling stock

    Equipment upgradation etc.

    Given the quantum of funding involved, PPPexpected to be a major contributor (about 60%)

    to the planned investments This is a scale of Railway PPPs unprecedented

    among railways around the world.

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    Embarking on PPPs

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    The Partnership

    There are certain misconceptions about the wordpartnership. It is not a warm and fuzzy relationship

    between public and private parties working towards acommon objective.

    Public and Private partners have distinct objectives.

    Challenge for the public sector is to design sufficientincentives so that private profit seeking attains broaderpublic interest objectives.

    Rewards are performance related, with mechanismsfor continuous monitoring by the public agency overthe life of the contract not fire and forget proposition.

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    Public Private Partnerships

    PPPs are long-term contracts between a public sectorContracting Authority (CA) and a private service provider.

    Challenges for CA are: Carefully structured contracts that are affordable and bankable.

    Transfer of specified project risks and good risk management.

    Adequate public control to assure output and quality.

    Fair contracts that positively enable private investment. Achieving good PPP outcomes is non-trivial. Bad outcomes

    can be disastrous e.g. Turkey power sector PPPs resulted inan estimated loss to the country of US$7 billion per year as a

    result of badly structured contracts. Fortunately, a lot has been learned and the mistakes need not

    be repeated.

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    PPP-Necessary Cond itions Suc cess

    Adequate legal and regulatory framework that isperceived to be, and is in fact, fair and equitable.

    Development of standardized clauses which havereceived adequate legal due diligence.

    Mechanisms for periodic review of specificcontractual terms during the life of contract.

    Effective, efficient and fair dispute resolution.

    Fiscal tools for correct accounting of liabilities, esp.contingent liabilities related to PPP contracts.

    Early and regular communication with stakeholders,including end-use customers.

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    Regulation of PPPs

    by Law and Regulatory Agency Unilateral administrative act specifying the rights

    and obligations of private parties.

    Rules written by the legislature with secondaryregulations by Regulatory Agency.

    Regulator responsible for applying licensingframework including regulation of tariffs, servicestandards and protecting customer rights.

    Discretion vested in the Regulator better informed

    but risk of excessive intervention.

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    Regulation of PPPs

    by Contrac t and the Courts Rules written by CA and private party as a contract

    governed by contract law.

    Discretion vested in the courts may be difficultwhen there are complex technical issues.

    Ability to write robust but flexible contractsdesigned to last 30 years could be an issue.

    CAs ability to monitor service provider may bedeficient and seen as not even handed.

    Insertion of a Regulator with excessive discretionmay deter private sector private sector preferssharp rules - predictable though a little imperfect.

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    Ch k d B l

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    Checks and Balances

    Projec t Preparation Guidelines for, e.g.

    Appointment/mgnt of Transaction Advisors

    Preparation of the business Case

    Construction of Public Sector Comparator

    Stakeholder consultations Rules for, e.g.

    Site hand-over by public agency

    Minimum risk transfer e.g. construction risk Tariff adjustment method

    Guarantees that assume financing risk

    Ch k d B l

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    Checks and Balances

    Bidding and Contrac t Management Guidelines for, e.g.

    Standardized contract clauses

    Legal due diligence to seal risks in contract

    Contract and performance management

    Contingency plans for emergencies Independent auditing

    Rules for, e.g.

    Dealing with unsolicited proposals Payment deductions for under-performance

    Interim reviews and periodic contract adjustments

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    PPP Polic y Support

    Expert Advisory Services for generic PPP issues, e.g.:

    Contract Adjustment during life of the contract.

    Mechanisms for independent expert panels should beestablished:

    Method of appointing independent expert panels.

    Limits of discretion given to such panels. How to handle refinancings or other windfall profits

    Management of Contingent liabilities

    Proper accounting of contingent liabilities.

    Control risks of off-balance sheet accounting.

    Etc.

    I iti ti L S l PPP P

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    Initiating a Large Scale PPP Program

    for Railways Where do you start?Well developed Railway PPP Policy paper. This will also createconfidence in the program. The paper should cover, i.a.

    PPP initiative in the context of a long term strategic transportnetwork development plan that is stable and predictable.

    Bolstering capacity for planning, preparation & implementationof PPP transactions reduce risks.

    Development of necessary legal and regulatory framework Simple & transparent bidding procedures Standardised Concession Agreements equitable risk sharing Dispute resolution defined procedures & speedy resolution

    Preconstruction land acquisition, utility shifting Clear understanding of and safeguarding against contingentliabilities.

    Finally, last but not least, mechanisms to safeguard against

    moral hazards created by long-term nature of the contracts!

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    World Bank Involvement

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    World Bank PPP Assistance in Ind ia

    Capacity Building for PPPs at national & state levels Capacity building for Viability Gap Funding

    Guidelines, etc. PPP Appraisal Unit in Planning Commission Model

    Concession Agreement reviews, guidelines

    Indian Infrastructure Finance Corporation (IIFCL) Examining possibility of assistance to IIFCL

    Resources India : Addressing Supply Constraints to

    Infrastructure Financing

    India : Building Capacities for PPPs

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    World Bank Assistanc e

    Funding for Investment

    Guarantees Technical Assistance

    Knowledge Bank

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    Thank You

    Visit our Website at

    www.worldbank.org/ sartransport

    http://www.worldbank.org/sartransporthttp://www.worldbank.org/sartransport