FIEC Steering Committee 9 th April 2013 Brussels

Transcription

1 FIEC Steering Committee 9 th April 2013 Brussels ACTIVITY REPORT (Agenda item 10/d) on CICA (by Emre Aykar) Since last board meeting on October 2012 in Paris, no board meeting is organized In 2013, we managed to have 3 Turkish friends of CICA (one gold, two blue ones).their procedures are completed. We continue to promote CICA and strongly hope to have new friends in coming months. Through its various activities and meetings, CICA continue to be involved currently in three main goals: Improvement and harmonisation of procurement rules ( A summary about the development of activities in IAGP is enclosed) Increase funding available for projects interesting our members ( commercial loans, development banks, PPP) ( A summary about WB Washington meeting is enclosed) Strengthening legal and financial safety of our companies Meeting participations and activities of CICA since last FIEC Steering Committee meeting on January 15th and provisional agenda for coming months is enclosed. Enclosures : 1) IAGP activities and Joint Mission 2) Meeting and activities list

2 CONFEDERATION OF INTERNATIONAL CONTRACTORS ASSOCIATIONS Our ref.: Washington RWG05 Date: April, 5 th 2013 CICA Meetings - Washington DC: World Bank International Advisory Group on Procurement (IAGP) Joint Mission: MEDEF International CICA - Chambers of Commerce of West Africa. IAGP: 4-5 June and November 2012 Joint Mission: March I - International Advisory group for Procurement (IAGP). 1. Participants: Philippe Lacoste, ADG CICA (June 2012), Roger Fiszelson, DG CICA (November 2012). CICA has been invited to participate in International Advisory group for Procurement (IAGP) whose mandate is to advise the World Bank on the reform of its Procurement policy. The preparatory work for revision will be spread over two years ( ). The work of the first phase resulted in a report here attached to the Board of Directors of the Bank on April, 12 th A number of CICA positions and proposals, reflecting the needs of the construction industry, are fairly mentioned in this report: intervention by the World Bank throughout the project cycle, emphasis on quality and Well Prepared Contract (WPP), the award to the Most Economically Advantageous Tender, the treatment of abnormally low tenders, etc. Some of them should find a positive translation: the borrower's obligation to respect Anti-Corruption World Bank s Guide included in the loan agreement. This latter provision may be the basis for the adoption of a similar provision in the construction contract with the Bank s borrowers. The greatest concern remains the use of countries Procurement rules for projects financed by the Bank. Contradictory positions exist within the World Bank: the proponents of a Use Country Systems (UCS) as they are, if they refer to international standards Procurement rules such as United Nations Commission for International trade and law (UNCITRAL) model law, World trade Organization (WTO)/Government Procurement Agreement(GPA), European Union (EU), etc, even if the references are vague or distant, on one hand, with those within the Department of Procurement want to use the rules of the World Bank if local rules are not satisfying the Bank s requirement (fulfillment of its statutes, its fiduciary duties, performance monitoring, etc.), on the other hand. CICA, while not opposing the principle of UCS, strongly supports the second position. 1

3 Please find attached the preliminary report of the Phase I retracing exchanges between members within IAGP and proposals of the World Bank. This report served as the basis for the Operation Policy and Country Services (OPCS) presentation to the Bank s Board of Executive Director. It is supplemented by a CICA note related to the issues of the UCS by the Bank borrowers not satisfying the minimum requirements desired by the construction industry. Phase II of the IAGP consultation will be i) renewed World Bank Procurement policy, ii) modify corresponding texts an deregulations (Procurement Guidelines [PGL], Standard Bidding Document [SBD] and modalities of intervention of the Bank s agents). CICA and EIC will ensure that the renewed framework achieves loyalty, transparency and efficiency of tenders which companies participate in and a satisfactory safety during the implementation phase. The OECD will be consulted by the World Bank. Consequently we ask that the Business Industry Advisory Council (BIAC), which represents national professional organizations of member countries of the Organization for Economic Cooperation and development (OECD), to be associated with the consultation of the OECD and relays our requests. II - Joint Mission. Participants: Marc Frilet, Member of the CICA PPP Working Group, Secretary General of the French Institute of International Legal Experts (IFEJI); Roger Fiszelson, DG CICA. CICA has participated in seminars and meetings with representatives of the Bank on the PPP, Procurement reform and Engineering. Please find attached the presentations and documents published on this occasion. We presented to the Bank the project to create the Centre of Excellence on PPP dedicated to institutional and legal aspects of PPPs in developing and emerging countries. This project is the subject of a letter of intent signed with the United Nations Economic Commission for Europe (UNECE) in the PPP days 5 and 6 February 2013 in Geneva. You will find enclosed the letter of intent s copy and supporting documents. The positive reception of this proposal by representatives of the Bank will open the way for further consultations with officials of the World Bank Group in charge of PPP (International Finance Corporation [IFC], Sustainable Development Network [SDN], Legal Department, Operation Policy and Country Services [OPCS]). A first meeting will be held in Paris on next April, 22 th with an OPCS representative. Meetings with IFC and the Legal Department are under preparation. The meeting with the directors of the Bank and the WB s Chief Procurement Officer enabled us to reaffirm our request to use the rules of the Bank when country systems are not equivalent to the World Bank s rules. The proposal for the establishment of a permanent working group IAGP was welcomed. IAGP future meetings (next may 6 th and 7 th ), we will work on its implementation. The discussions also focused on Sustainable Development and the demand for training local workers sent to the incumbents of contracts financed by the Bank. We asked that this request be i) contractualized ii) strictly limited to the contract purpose, iii) tailored to the capabilities of the companies iv) be subject to a fee commensurate with the obligations imposed upon it. 2

4 CICA: meetings participation and activities since FIEC Steering Committee January, 15 th Preparation of the joint meeting, February 7 th and 8 th, 2013 of the platform National Infrastructure Information System (NISS) initiated by Asian Development Bank (AsDB). Use of the local Procurement systems; improvement of the preparation of the projects Well Prepared Project (WPP). (Paris, January 24 th, 2013). Present: Roger Fiszelson, Michel Démarre (SEFI Delegate General; FNTP Commission Europe International Vice president) Meeting Working Group Africa of the EIC, study of a leverage financial instrument. (Paris, February 1st, 2013) Present: Frank Kehlenbach, Chief executive officer of International European Contractors (EIC); Michel Démarre, SEFI Delegate General and FNTP Commission Europe International Vicepresident; Roger Fiszelson. Participation in the United Nations Commission for International Trade and Law (UNCITRAL), working group for revision of PPP model law. (Geneva, February 4 th, 2013) Present: Marc Frilet, General Secretary French Institute of the International Experts Legal (IFEJI) and member of CICA PPP Working Group; Roger Fiszelson. Participation in the PPP days of United Nations Economic Commission for Europe (UNECE). Signature of a letter of intent with UNECE on the creation of a PPP Excellence Center (PPP EC) (Geneva, February 5th and 6th, 2012) Present: Fernando Lago representing of Federacion Interamericana of Industria of Construction (FIIC) and member of CICA PPP Working Group; Marc Frilet, General Secretary of IFEJI and member of CICA PPP Working Group; Roger Fiszelson. Participation in the joint meeting AsDB, Organization of Economic Cooperation and Development (OECD), International Chamber of Commerce (ICC). Establishment of NIIS: exchanges and proposals. Presentation of: PPP EC and the WPP. (Paris, February 7th and 8th, 2013) Present: Roger Fiszelson. World Bank meeting. Presentation of preliminary study: Sustainable Development, town planning and urban mobility. (Paris, February 14th, 2013) Present: The World Bank: Mrs. Zoubida Allaoua, Director for Finance, Economics and Urban. Meeting with the French Treasury director in charge of the International Financial Institutions: French Ministry of the Economy and Finances (MINEFI). Exchange on the joint position of WB Executive Directors of Great Britain, Holland, France, Austria, etc. on the reform of Procurement of the World Bank. Support for the creation of PPP EC and the position of the CICA on the reform of Procurement of the World Bank. (Paris, February 18th, 2013) Present: Philippe Gautier, Director Africa Medef International; Michel Démarre, SEFI Delegate General and FNTP Commission Europe International Vice president PY. Dartout, International Director Syntec Engineering; Marc Frilet, General secretary IFEJI and member of CICA PPP Working Group; Roger Fiszelson. Preparatory meeting with the Joint Mission International CICA/Medef Chambers of commerce of CICA activity report since FIEC Steering Committee January, 15 th Page 1

5 West Africa at the World Bank of the March 20th 22nd, 2013 (Paris, February 19th, 2013). Present: Philippe Gautier, Directing Africa Medef International; PY. Dartout, International Director Syntec Engineering; Roger Fiszelson. Meeting on OECD principles and deontology. (Paris, February 20 th, 2013) Present: Roger Fiszelson. Migration of the CICA computer system on the Fédération Nationale des Travaux Publics (FNTP) system. Improvement of: storage capacities, speed of use and transmission. (Paris, February 11 th 15 th, 2013) Present: Directing Alain Gomez computer department, FNTP; Roger Fiszelson. Meeting. Preparation of the CICA position with Institute for International Law (ILI) to be presented during the United Nations Commission for International Trade and Law (UNCITRAL) conference. May 2 nd and 3 rd, 2013 in Vienna (Austria) on the revision of UNCITRAL PPP model law. FIIC will be consulted. (Washington, February 19 th, 2013) Present: Mr. Dan Wallace Chief executive officer of the ILI, Marc Frilet, General Secretary of the IFEJI and member of CICA PPP Working Group; Roger Fiszelson. Joint mission with the World Bank CICA/Medef International/Chambers of commerce of West Africa. Position CICA on the PPP, World Bank participation in EC PPP, reform of Procurement of the World Bank, Engineering and WPP. (Washington, March 20 th 22 nd, 2013) Present: Michel Démarre, SEFI Delegate General and FNTP Commission Europe International Vicepresident; Marc Frilet, General Secretary IFEJI and member of CICA PPP Working Group; Roger Fiszelson. EIC Working Group Africa meeting. Study of a financial leverage instrument. (Paris, March 26 th, 2013) Present: Frank Kehlenbach, EIC Managing Director; Michel Démarre, SEFI Delegate General and FNTP Commission Europe International, Vice president; Roger Fiszelson. Finances sub group of EIC Africa Working Group. Study of the financial methods of an instrument of financial leverage. (Amsterdam, April 4th, 2013) Present: Frank Kehlenbach, EIC Managing Director; PM. Mudde, Consultant; Roger Fiszelson. Provisional agenda post FIEC Steering Committee April, 9 th Meeting of working group EIC: Reform of Procurement of the World Bank. Preparation of a CICA/EIC/FIDIC joint position on the reform in progress. FIIC will be consulted. (Frankfurt, April 12 th, 2013) Present: Uwe Krenz, Europe s representative within International Advisory Group for Procurement (IGAP) of the World Bank; Frank Kehlenbach, EIC Managing Director; Enrico Vinck, Managing Director of Fédération Internationale des Ingénieurs Conseil (FIDIC by telephone); Roger Fiszelson. Board of directors of the French Committee of the International Chamber of Commerce (ICC). (Paris, April 15 th, 2013) Roger Fiszelson, member of the Board of directors. Informal meeting on the possibilities and conditions of a co operation on third markets with Chinese companies. (Paris, April 22 nd, 2013) Present: Mathieu Pellerin, researcher Institut Français des Relations Internationales (IFRI); Roger Fiszelson. International commission Energy and Environment of ICC. (Paris, April 23 rd 24 th, 2013) CICA activity report since FIEC Steering Committee January, 15 th Page 2

6 Present: Roger Fiszelson. General Assembly of the EIC. (Helsinki, 25 th 26 th, April 2013) Present: Michel Démarre,, SEFI Delegate General and FNTP Commission Europe International, Vice president; Roger Fiszelson. International symposium UNCITRAL on the revision of the PPP model law. (Vienna, May 2 nd 3 rd, 2013) Present: Mr. Dan Wallace Chief executive officer of the ILI; Roger Fiszelson. IAGP meeting. Starting of phase II of the reform of Procurement of the World Bank (Washington, May 6 th 7 th, 2013) Present: Uwe Krenz, Europe s representative within IGAP; Roger Fiszelson. Meeting with the trade unions of the Korean and Indian construction exporters (under preparation). (Seoul and New Delhi, June 1 st 4 th, 2013) Present: Mr. Mr. Vallarino, president of CICA and president of the FIIC; Roger Fiszelson. Participation in the 4 th International Infrastructure Investment & Construction Forum organized by CHINCA. (Macao, June 5 th 6 th, 2013) Present: Mr. Mr. Vallarino, president of CICA and president of the FIIC; Roger Fiszelson. CICA activity report since FIEC Steering Committee January, 15 th Page 3