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2009 InBusiness Summer Edition

Source AmCham Romania
In this issue:

Infrastructure Development

Infrastructure development has been constantly recommended and requested by the business community as it impacts the overall competitiveness of our country, while the lack of a proper infrastructure affects the operations of companies doing business in our country. Be it road, railway, medical, education or IT, to name several areas, Romania still has a long way to catch up with western countries in terms of infrastructure.
Government representatives have announced massive investments in infrastructure, however progress is hardly visible, and lack of financing is mostly blamed for the current status of infrastructure development.

We have invited AmCham members to express their views and recommendations, addressing issues such as solutions for speeding up the infrastructure projects, already started, main legal problems that might arise in implementing PPPs in Romania, main legal and bureaucracy barriers that are currently blocking the progress of the infrastructure project.

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If Romania continues to develop its road infrastructure at the current pace, the gap with Western Europe will be closed in about 130 years.
Iulian Cîrciumaru, Senior Business Analyst, A.T. Kearney

Expropriation procedures necessary for certain construction works represent one of the main barriers for the quick development and fulfillment of the project. They are very time consuming and extremely bureaucratic, some of them lasting for months and years. Even if improvements of the expropriation procedures were already adopted, there is still way to make them more efficient and less time consuming.
Daniel Badea, Managing Partner, Badea Clifford Chance


The archeological discharges are granted after the investigations performed by historians in order to confirm that no historic vestiges are harmed by the development of the infrastructure. The procedure of archeological discharge is welcome since it ensures that the archeological heritage is preserved, but its duration of up to even 5 years may determine considerable delays in finalizing the infrastructure projects, as well as losses for the parties involved in such projects.
Catalin Grigorescu, LL.M.Eur
Managing Partner, bpv GRIGORESCU

Thus, one reliable option seems to be to align the interests of the public and the private sectors and consequently resort to public private partnerships. By way of example, current infrastructure projects management and projects funding could be easily outsourced to private business following a PPP scheme.
Cosmin Stavaru, Partner and Alexandru Mocanescu, Junior Associate, Bulboaca&Asociatii


One key condition for a successful development of the project relates to the preparatory stage, when the main characteristics of the project are established. A well-prepared feasibility study, a sound decision with respect to developing the infrastructure project under a PPP structure, the choice of the procurement procedure best suited given the characteristics of the project are important elements that may contribute from the start to the success of the project.
Florentin Tuca, Tuca Zbarcea&Asociatii


Institutionalized PPPs must be regulated through a detailed legislative package, based on the European Commission’s Interpretative Communication on the application of Community Law on Public Procurement and Concessions to Institutionalized Public-Private Partnerships.
Delia Pachiu, Partener White & Case

Interviews:

The new IMF Representative for Romania and Bulgaria, Tony Lybek met AmCham members during a Business Lunch on May 12, 2009 and shared for InBusiness his views and recommendations following Romania’s agreement with IMF

Romania – USA: First high level bilateral meeting after the installation of the new democratic administration at the White House. Minister of Foreign Affairs, Cristian Diaconescu told InBusiness what were the main objectives and outcomes of his May 5-8, 2009 visit to Washington.
 

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