the spanish concessional model – managing risks public private partnership in highways:...

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THE SPANISH CONCESSIONAL MODEL – MANAGING RISKS PUBLIC PRIVATE PARTNERSHIP IN HIGHWAYS: INSTITUTIONAL, LEGAL, FINANCIAL AND TECHNICAL ASPECTS Antonio M. López Corral Professor of the Polytechnic University of Madrid Riga, May 9th, 2006

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Page 1: THE SPANISH CONCESSIONAL MODEL – MANAGING RISKS PUBLIC PRIVATE PARTNERSHIP IN HIGHWAYS: INSTITUTIONAL, LEGAL, FINANCIAL AND TECHNICAL ASPECTS Antonio M

THE SPANISH CONCESSIONAL MODEL – MANAGING RISKS

PUBLIC PRIVATE PARTNERSHIP IN HIGHWAYS: INSTITUTIONAL, LEGAL, FINANCIAL AND TECHNICAL

ASPECTS

Antonio M. López CorralProfessor of the Polytechnic University of Madrid

Riga, May 9th, 2006

Page 2: THE SPANISH CONCESSIONAL MODEL – MANAGING RISKS PUBLIC PRIVATE PARTNERSHIP IN HIGHWAYS: INSTITUTIONAL, LEGAL, FINANCIAL AND TECHNICAL ASPECTS Antonio M

• ADMINISTRATION RISKS

– Causes de force majeur– Ius Variandi– Factum principis

– Unforeseeable facts (mediating sentence of the justice courts)

– Any other anticipated in the TOR– Patrimonial responsibility

THE SPANISH CONCESSIONAL MODEL – MANAGING RISKS

THE SPANISH CONCESSIONAL MODEL – MANAGING RISKS

Page 3: THE SPANISH CONCESSIONAL MODEL – MANAGING RISKS PUBLIC PRIVATE PARTNERSHIP IN HIGHWAYS: INSTITUTIONAL, LEGAL, FINANCIAL AND TECHNICAL ASPECTS Antonio M

• RISKS OF THE CONCESSION HOLDER

– Land acquisitions – Archeology founds– Administrative permissions – Construction– Demand (can be reduced but working

symmetrically in benefit of both parts)

– Availability

THE SPANISH CONCESSIONAL MODEL – MANAGING RISKS

THE SPANISH CONCESSIONAL MODEL – MANAGING RISKS

Page 4: THE SPANISH CONCESSIONAL MODEL – MANAGING RISKS PUBLIC PRIVATE PARTNERSHIP IN HIGHWAYS: INSTITUTIONAL, LEGAL, FINANCIAL AND TECHNICAL ASPECTS Antonio M

• RISKS OF THE CONCESSION HOLDER

– Signing the concession contract transfer the risks

– Price of risks is related with competitive tension (it is lower with an open competition)

– Concession holder transfer part of the risks to other actors (constructors, financial, insuring, operating, … ). Price of risks transferred depends of market prices

– Concession holder remain with the risks in which he is the most efficient

THE SPANISH CONCESSIONAL MODEL – MANAGING RISKS

THE SPANISH CONCESSIONAL MODEL – MANAGING RISKS

Page 5: THE SPANISH CONCESSIONAL MODEL – MANAGING RISKS PUBLIC PRIVATE PARTNERSHIP IN HIGHWAYS: INSTITUTIONAL, LEGAL, FINANCIAL AND TECHNICAL ASPECTS Antonio M

• RISKS OF OTHER ACTORS

– Absence of public guarantees for the financial one

– Some guarantees for little investors– Step in rights of the creditors

THE SPANISH CONCESSIONAL MODEL – MANAGING RISKS

THE SPANISH CONCESSIONAL MODEL – MANAGING RISKS

Page 6: THE SPANISH CONCESSIONAL MODEL – MANAGING RISKS PUBLIC PRIVATE PARTNERSHIP IN HIGHWAYS: INSTITUTIONAL, LEGAL, FINANCIAL AND TECHNICAL ASPECTS Antonio M

Thank you

Antonio M. Lopez Corral

Professor of the Polytechnic University of Madrid

Tf.: (+34) 91 533 44 96

Fax: (+34) 91 533 44 96

E-mail: [email protected]