محطة معالجة مياه الصرف الصحي الجديدة بالقاهرة 1
محطة معالجة مياه الصرف الصحي الجديدة بالقاهرة 1
محطة معالجة مياه الصرف الصحي الجديدة بالقاهرة 1
PPP for
CITIES
Specialist Centre
on PPP in Smart and
Sustainable Cities
November 2016
PPP FOR CITIES CASE STUDIES
The Specialist Centre on PPPs in Smart and Sustainable Cities (PPP for Cities) is a research,
innovation and advisory center that aims to provide public administrations throughout the world
with support in the organization, management and development of projects involving collaboration
between the public and private sectors in the smart cities arena.
It is also a partnership platform between companies and administrations from all over the world
where they can further explore the dynamics of public-private partnerships, create guides to good
practices and standards and design solutions to the issues facing cities.
The center is led by IESE Business School and is part of the United Nations’ International Centre of
Excellence on PPPs program. It has the support and sponsorship of Barcelona City Hall and other
public administrations and private companies.
This document was prepared by the Public-Private-Sector Research Center as a document of interest for the study of public private
partnerships rather than to illustrate either effective or ineffective handling of an administrative situation.
This document has been prepared with information supplied by FCC Aqualia.
No part of this publication may be reproduced, stored in a retrieval system, used in a spreadsheet, or transmitted in any form or by any
means – electronic, mechanical, photocopying, recording, or otherwise – without the written permission of the author.
TABLE OF CONTENTS
Quick Facts 06
2. Tender Process 09
3.7. Governance 16
5.2. Residents 18
5.3. Environment 19
6. Assessments 19
7. Conclusions 23
References 25
Appendix C. Timeline 29
Quick Facts
Highlights
Urban wastewater treatment plant with an average daily flow of up to 250,000 m³ per day. Capacity
to serve more than 1 million residents, the expected population increase of New Cairo at the time
the project was designed.
First successful public-private partnership (PPP) project in Egypt.
A drinking water shortage was identified as a pressing issue in Egypt’s environmental sustainability,
particularly in very densely populated areas. The existing wastewater treatment infrastructure
did not produce water with adequate levels of quality to enable the water to be used to irrigate
agricultural and urban green areas, forcing freshwater to be used instead. The government decided
to build new infrastructure to reuse urban wastewater for the purposes mentioned, thereby reducing
freshwater use. In addition, the project would reduce the water pollutants entering the River Nile.
*
Investment in infrastructure construction.
**
Total cost of the New Cairo wastewaster treatment plant including operational costs over a 20 year period.
Texto recuadro Award-winning consortium: Orasqualia for the Development of the Wastewater
Treatment Plant SAE (hereinafter referred to as “Orasqualia”)
Members: Aqualia New Europe (ANE) (50% share), www.aqualia.es & Orascom Construction
Industries SAE (OCI) (50% share), www.orascom.com
EPC* contractor: Aqualia Infraestructuras (50%), www.aqualia-infraestructuras.com & Orascom
Construction Industries (50%) www.orascom.com
O&M** contractor: Aqualia (50%) & Orascom Construction Industries (50%)
Lenders & lead arrangers: National Société Générale Bank SAE (NSGB), Commercial
International Bank (Egypt) SAE (CIB), Arab African International Bank SAE and Ahli United Bank
(Egypt) SAE
Advisory (NUCA): International Finance Corporation (financial and lead adviser), Parsons
Brinckerhoff (technical adviser), & Gide Loyrette Nouel (legal adviser)
Advisory (developer and lenders): Baker and McKenzie (Orasqualia) and Zulficar & Partners
(project lender)
Facility agent: National Société Générale Bank SAE (NSGB)
Security agent: Commercial International Bank (CIB)
*
Engineering, procurement and construction.
**
Operations and maintenance.
The new infrastructure, as well as improving water The New Cairo WWTP operation has two main
treatment and increasing freshwater availability, will consequences:
allow the compost from the wastewater sludge to be
• An increase in the availability of drinking water
used as agricultural fertilizer.
(since treated water would be used for irrigation
The PPP project provided private investment capital, purposes instead of freshwater)
reducing the Egyptian government’s pressure on public
• A reduction in the environmental impact of the
finances.1 That said, it is important to recall that the
wastewater discharge into the River Nile (with a
government should include liabilities deriving from the
direct positive impact on human health and the
project in its balance sheet for payment commitments
river’s ecology).
during the whole project period. PPP frameworks
should not be used to hide government liabilities. The Project company, Orasqualia, was named after
the two shareholders of the special purpose vehicle
To promote the involvement of private companies,
(SPV) – Aqualia (replaced by Aqualia New Europe in
Egypt’s Ministry of Finance decided to establish the
February 2015) and Orascom Construction Industries
Public-Private Partnership Central Unit. 2
(subsequently renamed OC), each of the shareholders
1
As a basic rule, the PPP assets are to be classified in the partner’s balance sheet 3
IFC Advisory Services (2013). New Cairo Wastewater Treatment Plant Is Egypt’s
and not in the government balance sheet,only if certain stated conditions are First Public-Private Partnership. Stories of Impact series. June 2013. Available
met. European Commission (2014). Manual on Government Deficit and Debt – from: http://www.ifc.org/wps/wcm/connect/48e1bd0040f6e56c952bff25d54df
Implementation of ESA 2010. [Online]. Edition 2014. Luxembourg: Publications ab3/StoriesOfImpact_EgyptNewCairoWastewater.pdf?MOD=AJPERES
Office of the European Union, 2014. [4 November 2016]. Available from: http://
ec.europa.eu/eurostat/documents/3859598/5937189/KS-GQ-14-010-EN.PDF/ 4
European Bank for Reconstruction and Development (2012), Commercial
Laws of Egypt: An Assessment by the EBRD, October 2012. Available from:
2
The PPP Central Unit has no executive powers and it has limited influence http://www.ebrd.com/downloads/sector/legal/egypt.pdf
over decision-making bodies. Available from: www.pppcentralunit.mof.gov.eg/
Content/Home/Pages/Home_en.aspx 5
The law was passed more than one year after the New Cairo WWTP contract
was signed. Translation of the Law No. 67 for the year 2010. Promulgating the
law regulating Partnership with the Private Sector in Infrastructure Projects, Ser-
vices and Public Utilities. Available from: http://www.pppcentralunit.mof.gov.eg/
Content/Legislation/Documents/LawNo67fortheyear2010.pdf
6
Instructions to Bidders. Contract for the Availability and Operation of Watstewa-
ter treatment Plant in New Cairo through Public Private Partnership. February
15th, 2009 (hereinafter Instructions to bidders) and Contract for the Availability
and Operation of Wastewater treatment Plant in New Cairo through Public Pri-
vate Partnership. June 29th, 2009 (hereinafter PPP Agreement).
Samcrete Egypt
BDDC Bahrain
Source: PPP Central Unit, Egypt’s Ministry of Finance. Available from: http://www.pppcentralunit.mof.gov.eg/Content/Projects/Pages/New%20Cairo%20Wastewa-
ter%20Treatment%20Plant.aspx, last accessed November 2016.
Al-Kharafi & Sons Company (MAK Group). The latter, (130,000 m 3 per day), and design and construction
at the time of bidding, was already operating a sewage of the Bengbu WWTP in China’s Anhui province
treatment plant in Egypt with a capacity of 12,000 m 3 (100,000 m 3 per day).
per day at the resort development of Port Ghalib,
completed in 2003. • Orascom: Work on the Hamma Seawater
Desalination Plant in Algeria (200,000 m 3 per
The main two reasons for Orasqualia’s success were: day), the Greater Cairo Metro line 3 and El Ferdan
Double Swing Rail Bridge in Egypt.
• The technical proposal complied with all the
requirements of the instructions for bidders and Additionally, Orascom Construction’s deep knowledge
its quality was considered to be appropriate.7 and experience of the Egyptian market contributed to a
better project analysis and cost forecast.
• The consortium presented the lowest financial
proposal with a suitable financial structure.
7
This is structured as a “pass/fail” stage of the process with no specific scores. Source: Document provided by Aqualia.
Consortium Members
O&M Lenders and Lead Arrangers
Contractor
ORASQUALIA
Contracting
EPC Contractor
Authority
8
The exchange rate was E£5.47 to the U.S. dollar on April 10, 2009, E£5.51 on 4. Pass-through charge – reimbursement of the full
September 17, 2009, and E£5.45 on December 4, 2009. cost of electricity (up to a maximum electricity
9
The rate was E£5.81 to the dollar on December 30, 2010.
consumption proposed in the bid by the award-
winning consortium)
10
The rate was E£7.15 to the dollar on December 26, 2014, and E£7.83 to the
dollar on December 31, 2015.
Additionally, any applicable sales tax will be charged.
11
Financial closing was February 3, 2010. On February 5, 2010, the exchange
rate was E£5.47 to the dollar. On July 28, 2016, it was E£8.89. Source: Google
Finance. 12
Sold to Qatar National Bank by Société Générale on March 28, 2013.
Based on volume of
Variable operation charge
treated sewage (m3)
Indexed to inflation
(updated annually)
Fixed operating charge
(not volume related)
Orasqualia won the bid with the following proposed values (baseline values for 250,000 m3 per day):
13
Energy costs are not included.
14
The exchange rate was E£5.64 to the dollar on March 27, 2009, and E£8.80
on March 16, 2016 (−56.02%). Source: Google Finance.
15
Average consumer prices in Egypt have grown by 9.9% since 2010.
Forex risk: At the time of signing the contract, the forex They were the basis on which payments were made
risk was not perceived as being any higher than in any to Orasqualia. The plant’s performance was the
other standard developing country. The risk, however, responsibility of Orasqualia.
turned out to be very significant when the political
instability started. Political risk: This was assumed by NUCA. Any issue
deriving from the plant’s construction or performance
• March 27, 2009: E£5.64 = $1 will be raised by residents with the political authorities
• February 5, 2010: E£5.47 = $1 (2.91% apreciation and may lead to political instability or complaints
of EGP against USD since March 2009) against the government.
• July 26, 2016: E£8.86 = $1 () (36.59% depreciation
of EGP against USD since March 2009)
• November 4, 201617: E£13.70 = $1 (63.77%
depreciation of EGP against USD since March
2009)
• The New Urban Communities Authority (NUCA), In the case of a dispute, if the Partnership Committee
the contracting authority, whose objective is the fails to reach an agreement, the matter will be referred
to the chair of NUCA and the chair of Orasqualia to
19
Orasqualia consortium technical bid. settle the dispute amicably. As a last resort, in case
they fail to reach an agreement, the dispute will be
20
More details about inflow and outflow water characteristics can be found in
Appendix B. submitted for arbitration in accordance with the rules
90%
15%
80%
10%
70%
60%
5%
50%
0%
2008 2009 2010 2011 2012 2013 2014 2015 2016e 2017e 40%
30%
-5%
20%
-10%
10%
-15% 0%
Real GDP (%) Grl. gov. Borrowing (%) Consumer prices (%) Grl. Gov. Gross debt (right) (%GDP)
Source: Prepared by authors based on IMF (2016). World Economic Outlook. April 2016.
21
In recent years, it has become common in PPP contracts to choose 23
UNDP (2015). Human Development Report 2015. Work for Human
international arbitration centers such as Paris or Geneva to settle disputes to Development. Available from: http://hdr.undp.org/sites/default/files/2015_
avoid transferring the risk of legal disputes to the concessionaire. human_development_report.pdf
22
IMF (2009). Arab Republic of Egypt – IMF Staff Visit, Concluding Statement Cairo,
July 16, 2009. Available from: www.imf.org/external/np/ms/2009/071609.htm.
EPC (two-year construction period) 1,500 employees and 150 indirect jobs (100% Egyptians)
24
Ministry of Enviroment. Eguphian Enviromental Affairs Agency. 2016. 26
The Egyptian government should, however, add the project’s financial
Enviromental Protection Law. [Online]. [Accessed November 2016]. Available commitments for the whole period to the balance sheet.
from: http://www.eeaa.gov.eg/en-us/laws/envlaw.aspx
25
An environmental impact assessment is a determination of the likely
environmental consequences of proposed projects or activities. The word
“impact” implies changes that can be either positive or negative from a
desirability standpoint.
An estimated measure of the reduced river pollution According to Engel et al. (2014), the public finance
with the plant working at full capacity (as of 2016, it is gains of a PPP do not come from the fact that private
working at one-sixth of the total) would be as follows: funds are invested initially (they have to be recouped
later on) but from the fact that an efficient private
• 94 tons of BOD5 per day avoided27 operator can build and operate the project at a lower
cost, which reduces the tolls or public funds that are
• 105 tons of TSS per day avoided28 needed to cover the project cost.
• 135 tons of COD5 per day avoided29 • There is no cost-benefit analysis before the
competitive bidding, which is necessary to make
an objective and transparent assessment of the
5.4. Award-Winning Companies need for the project and of the advantages of a
PPP compared to traditional provision.
Aqualia had the opportunity to carry out the first
successful PPP project in Egypt, a regional political • The governance of the project is not first-best but
power in the MENA (Middle East and North Africa) the best possible given the political circumstances.
region. The project could be used in other countries In first-best governance, we would have primary
as a benchmark project to secure new contracts. Also, legislation that would protect investors and
for the Egyptian firm Orascom it was a challenge as the introduce transparency before the project was
New Cairo plant was its biggest wastewater treatment undertaken. And we would have a clear separation
plant at that time. of powers between the contracting unit (NUCA)
and the supervising units. However, in a second-
The New Cairo plant was a flagship project that could best world, it hardly seems inevitable in a very
be taken as a benchmark for future contract awards in volatile political context that the contractor would
other countries and for the market in general. find its investment protected in an “amicable”
relationship with the contracting unit. Similarly, if
the legislation protecting investment returns had
been approved prior to the start of the project,
perhaps the changes in regime would have seen
that legislation quickly overturned. The project
may have been something of a harbinger for the
27
BOD5 means five-day biological oxygen demand. law, with the project’s benefits possibly helping to
28
TSS means total suspended solids. secure the approval and stability of the legislation.
From a theoretical point of view, when a complete
29
COD5 means five-day chemical oxygen demand.
3.5. Special Purpose Vehicle (SPV)s Yes Aqualia New Europe & Orascom (50%)
4. Governance
Renegotiation NUCA
Regulation NUCA
5. Building process
6. Potential Benefits
• There may be room for improvement regarding the When looked at in detail, the New Cairo WWTP can
introduction of international arbitration. helpachieve most of the different targets for goal 6, such
as target 6.2, which is to “achieve access to adequate
and equitable sanitation and hygiene for all.” The plant
6.2. United Nations’ Sustainable can also help with target 6.3 by improving water quality
Development Goals through reduced dumping of untreated wastewater into
the river. The achievement of target 6.4, focused on
The New Cairo plant was also aligned with the United “water-use efficiency across all sectors,” looks possible
Nations’ Sustainable Development Goals30, as follows: as the New Cairo WWTP is designed to reuse wastewater
1. No Poverty ✓
2. Zero hunger ✓
3. Good Health & Well-being ✓
4. Quality Education
5. Gender Equality
30
United Nations (2016). Sustainable Development Goals. [Online]. [Accessed
4 November 2016]. Available from: http://www.un.org/sustainabledevelopment/
1. Human capital ✓
2. Social cohesion ✓
3. Economy ✓
4. Public management ✓
5. Governance ✓
6. Mobility and transportation
7. Environment ✓
8. Urban planning ✓
9. International impact
10. Technology ✓
33
In a first-best governance model, there would be, as previously stated, a clear
separation of powers between the contracting unit (NUCA) and supervising
units.
34
Egyptian Pound dropped 48% after Egyptian Central Bank allowed
for the free float of the currency. Al Jazeera News And Agencies. 2016.
Egypt Central Bank devalues currency by 48 percent. Al Jazeera. Online].
3 November 2016. [Accessed 4 November 2016]. Available from: http://
www.aljazeera.com/news/2016/11/egypt-central-bank-devalues-currency-48-
percent-161103084641123.html
- Engel, E., Fischer, R.D., and Galetovic, A. (2014). The Economics of Public-Private Partnerships: A
Basic Guide. Cambridge, U.K.: Cambridge University Press.
- Hannoura, Atter Ezzat (PPP Central Unit director) (2013). “Public Private Partnership (PPP) and the
Egyptian Experience.” PPP Central Unit, Ministry of Finance, Egypt. Available from: www.mcit.gov.eg/
Upcont/Documents/20134151031MoF-%2011%20Apr%202013.pdf
- IFC Advisory Services (2013). New Cairo Wastewater Treatment Plant Is Egypt’s First Public-Private
Partnership. Available from: www.ifc.org/wps/wcm/connect/48e1bd0040f6e56c952bff25d54dfab3/
StoriesOfImpact_EgyptNewCairoWastewater.pdf?MOD=AJPERES
- IFC and Orasqualia (2014). PPPs in the Water and Sanitation Sector: New Cairo Wastewater Project.
October 21, 2014, Geneva, Switzerland. Available from: https://www.unece.org/fileadmin/DAM/ceci/
documents/2014/water_and_sanitation_October/Egypt_New_Cairo_wastewater_project.pdf
- IMF (2009). Arab Republic of Egypt – IMF Staff Visit, Concluding Statement. Cairo, July 16, 2009.
Available from: www.imf.org/external/np/ms/2009/071609.htm
- Massoud, A.A., and Willett, T.D. (2014). “Egypt’s Exchange Rate Regime Policy after the Float.”
International Journal of Social Science Studies, 2(4). Available from: http://redfame.com/journal/
index.php/ijsss/article/view/445/386
- Orascom Construction (2016). “FY [Financial Year] 2015 Results Presentation.” April 24. Available from:
www.orascom.com/media/cms_page_media/47/FY%202015%20Results%20Presentation_0j7HkLH.pdf
- Public-Private Partnership Central Unit (no date). “Contracted Projects: New Cairo Wastewater
Treatment Plant Project.” Available from: www.pppcentralunit.mof.gov.eg/Content/Projects/Pages/
New%20Cairo%20Wastewater%20Treatment%20Plant.aspx?mode=1
- Pérez-Feito, R. International Operations Director at Aqualia. 2016. Interviews with Jordi Salvador.
Madrid. España.
- United Nations. 2016. Sustainable Development Goals. [Online]. [Accessed 4 November 2016].
Available from: http://www.un.org/sustainabledevelopment/
- UNDP (2015). Human Development Report 2015. Work for Human Development. Available from:
http://hdr.undp.org/sites/default/files/2015_human_development_report.pdf
- Water-technology.net (no date). “New Cairo Wastewater Treatment Plant, Egypt.” Available from:
www.water-technology.net/projects/new-cairo-wastewater/
- World Bank (2013). PPIAF Assistance in Egypt. Washington, D.C.: Public-Private Infrastructure Advisory
Facility (PPIAF). Available from: http://documents.worldbank.org/curated/en/411651468026410086/
pdf/783220BRI0Box000Assistance0in0Egypt.pdf
As can be observed in the table below, the parameters of the inflow water have not been always within the limits
established in the PPP agreement:
Inflows
Outflows
2006
Egyptian government’s new economic reform agenda: emphasis on the promotion of PPPs across infrastructure
sectors
June: PPP Central Unit was set up in the Ministry of Finance
2008
January: Public-Private Infrastructure Advisory Facility assistance program report
2009
Announcement of the New Cairo Wastewater Treatment Plant contract
June 29: Contract started
2010
February 4: Financial closure
February: Construction began
May: PPP law (Law No. 67 of 2010, regulating Partnership with the Private Sector in Infrastructure Projects,
Services, and Public Utilities)
December: Orasqualia had completed nearly 40% of the New Cairo plant
2011
January 25: Protest started at Cairo’s Tahrir Square
February 11: President Hosni Moubarak ousted
2012
February: Construction deadline
May: Construction finished
June 30: Mohamed Morsi sworn in as president of Egypt following elections in May and June
2013
July 3: General Abdel Fattah el-Sisi becomes new Egyptian president
October: The plant started operations after a three-month commissioning period
2029
June 28: The contract is due to end
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