infrastructure development in romania

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I N S T R U M E N T E S T R U C T U R A L E I N R O M A N I A Infrastructure Development in Romania Workshop

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Infrastructure Development in Romania. Workshop. Project Life Cycle. by W J McCoubrey BSc CEng FICE FIEI FIHT FIAE Transport & Infrastructure Consultant Email: [email protected]. Internal Audit Unit - PowerPoint PPT Presentation

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Page 1: Infrastructure Development in Romania

I N S T R U M E N T E S T R U C T U R A L E I N R O M A N I A

Infrastructure Development in Romania

Workshop

Page 2: Infrastructure Development in Romania

I N S T R U M E N T E S T R U C T U R A L E I N R O M A N I A

Project Life Cycle

by

W J McCoubreyBSc CEng FICE FIEI FIHT FIAE

Transport & Infrastructure ConsultantEmail: [email protected]

Page 3: Infrastructure Development in Romania

I N S T R U M E N T E S T R U C T U R A L E I N R O M A N I A

Cohesion Fund

Financial Controls

EU CommissionAudits carried out by EU

Commission Control Units

Paying Authority

Ministry of Finance

Managing AuthorityMinistry of Finance

Level 3Responsible for completing Form B3

Intermediate Bodies

Level 2Responsible for completing Form B2

Final BeneficiariesLevel 1

Responsible for completing Form B1

Internal Audit Unit

System Audits by Internal Audit Units at each level

throughout cascade – Article 9.1 (a)

CSF Financial Control Fund Unit

Control Checks on Cohesion Fund Expenditure and Systems – Articles 9.1 (a) and (b),

10 and 11

Certification of all expenditure

Certification of all expenditure

Certification of all expenditure

Certification of all expenditure

Structure of financial controls tocomply with Commission Regulations (EC) 1386/2002-Article 9.1(a) and 9.1(b) and the Protocol on Internal Audit (IA) co-operation

RDO / Councils

NRA/MoE

DoELG/MoT

ESB/MET

Page 4: Infrastructure Development in Romania

I N S T R U M E N T E S T R U C T U R A L E I N R O M A N I A

Project Stages

• 1 - Concept• 2 - Preparation• 3 - Application• 4 - Evaluation - Funding Appraisal• 5 - Decision - Approval for Cohesion Fund• 6 - Selection and Award of Contract• 7 - Contract Supervision• 8 - Payments• 9 - Modifications• 10 - Project Closure and Audit

Page 5: Infrastructure Development in Romania

I N S T R U M E N T E S T R U C T U R A L E I N R O M A N I A

Eligibility Issues

• General rules – open to interpretation

• Commission Decision– defines total CF assistance limit and period of eligibility

• Transparency

• Expenditure incurred in eligibility period

• Eligibility of expenditure

• Public Authority employees

• Land purchases– limited to maximum 10% of project eligible expenditure

Page 6: Infrastructure Development in Romania

I N S T R U M E N T E S T R U C T U R A L E I N R O M A N I A

Eligibility Issues (2)

• Treatment of Financial & other charges

• Operating costs

• Information & publicity measures

• Car parks

• Computerised management & monitoring systems

Page 7: Infrastructure Development in Romania

I N S T R U M E N T E S T R U C T U R A L E I N R O M A N I A

Land Issues - Ireland

• Land purchases– limited to maximum 10% of project eligible expenditure– typically 25 -30% of overall project cost– M50 SCRM; major disagreement with auditors

» time period» land not used for project» robustness of systems for monitoring and audit trail

– initial decision was to exclude land from eligibility claims– revised to now include land that has been directly used

» only within boundaries of project» only payments made to landowners within eligibility

period» excludes interest payments from CF claim

Page 8: Infrastructure Development in Romania

I N S T R U M E N T E S T R U C T U R A L E I N R O M A N I A

M50 Southern

CrossRoute

Motorway

Land Use

Page 9: Infrastructure Development in Romania

I N S T R U M E N T E S T R U C T U R A L E I N R O M A N I A

M1 Lissenhall-Balbriggan

• Commission Decision C (2000) 3518– Period covered 07/07/2000 – 31/12/2004– Decision covers expenditure during eligible

period to value of € 41,485,702 with 85% funding being € 35,262,847 maximum

– Expenditure covered – construction costs of 9.8km of main line, motorway including earthworks, pavement, drainage and fencing.

– Elements of structures, interchanges, side roads and land acquisition not assisted

Page 10: Infrastructure Development in Romania

I N S T R U M E N T E S T R U C T U R A L E I N R O M A N I A

M1 Lissenhall-Balbriggan

• Commission Decision C (2000) 3870– 15 October 2003; Amended original decision– Decision covers expenditure during eligible

period to value of € 62,134,212 with 85% funding being € 52,814,080 maximum

– Expenditure covered – building and construction costs of provision of elements of structures, interchanges, side roads, earthworks, pavement, drainage ,fencing and land acquisition of mainline motorway

Page 11: Infrastructure Development in Romania

I N S T R U M E N T E S T R U C T U R A L E I N R O M A N I A

Land Acquisition example

Page 12: Infrastructure Development in Romania

I N S T R U M E N T E S T R U C T U R A L E I N R O M A N I A

The FIDIC Rainbow

• The Red bookConstruction

• The Yellow bookPlant and Design-Build

• The Silver bookEPC Turnkey Projects

• The Green bookShort Form of Contract

Page 13: Infrastructure Development in Romania

I N S T R U M E N T E S T R U C T U R A L E I N R O M A N I A

Contract Selection

STRAIGHTFORWARD PROJECT EMPLOYER DESIGN

CONTRACTOR DESIGN

DISCUSS IN DETAILEmployer’s requirements with the Contractor and negotiate an appropriately modified FIDIC contract

fixed price – lump sum little employer involvement

no major unforeseen risks

Plant and/or high unforeseen risks

no

no

no

no

Page 14: Infrastructure Development in Romania

I N S T R U M E N T E S T R U C T U R A L E I N R O M A N I A

Stage 8 – Payments

• Financial Control– IB assists FB with claims and payments

• Payment of Contract Claim– FB responsibility, funds from IB

• Eligibility of Claim– handled by IB FCU

• Drawdown of Cohesion Funding– twice yearly by IB to Paying Authority– all funds lodged in Treasury– IB authorised to make payments direct to FB

Page 15: Infrastructure Development in Romania

I N S T R U M E N T E S T R U C T U R A L E I N R O M A N I A

Cohesion Fund

Finance Flows

RDO / Councils

NRA/MoE

DoELG/MoT

IB Draws down payment due within contract limits

EU CommissionEU Commission Control Units

Paying Authority

Ministry of Finance

Managing AuthorityMinistry of Finance

Level 3

Intermediate Bodies

Level 2Authorises Payment due

Final BeneficiariesLevel 1

Makes payment to Contractor

Internal Audit Unit

System Audits by Internal Audit Units at each level

throughout cascade – Article 9.1 (a)

Financial Control Unit

Treasury Account

Assembles all funds needed for Project Expenditure

Project Contractor

Claim from Contractor

Certification of all expenditure

Claim from EU (twice per year)Payment of CF Expenditures

Passed to Treasury

Contract Claim paid to Contractor

ESB/MET

Page 16: Infrastructure Development in Romania

I N S T R U M E N T E S T R U C T U R A L E I N R O M A N I A

Stage 9 – Modifications

• Variations of Price– on materials for > 2 years contracts

• Modifications to quantities or scope– to be avoided where possible– > 10 % probably requires new Decision

Page 17: Infrastructure Development in Romania

I N S T R U M E N T E S T R U C T U R A L E I N R O M A N I A

Stage 10 – Project Closure and EU Audit

• Completion of the contract• Project closure• Archival of documentation

– Minimum of 3 years after Project closure– Can be as much as 7 years for Audit

• EU Audit– Regulation compliance– Eligibility issues– Financial corrections – loss of funding

Page 18: Infrastructure Development in Romania

I N S T R U M E N T E S T R U C T U R A L E I N R O M A N I A

EU Audit in Ireland

• Cohesion I– N4 Collooney / Sligo, Stage II

(CF No. 94.07.65.004)

• Cohesion II– No audit reports available

• Only 3 projects reported on– all under review– € 11 million financial correction, claimed wrong

form of contract as price variation inappropriate– € 750.000 still under discussion of which € 100.000

issues relating to use of transport on 2 sites

Page 19: Infrastructure Development in Romania

I N S T R U M E N T E S T R U C T U R A L E I N R O M A N I A

Infrastructure Development in Romania Workshop Issues

• Maximising Grant Assistance– Project selection– Eligibility of expenditure

• Delivery - Earning Grant– Contract selection– Contract administration

• Ensuring Grant is Certified and Retained– Audit trail– Project closure– Archiving documentation