Handbook on improving the Investment Climate through EU action - Implementation of Pillar 3 in the integrated approach of the External Investment Plan
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Handbook on improving the Investment Climate through EU action Implementation of Pillar 3 in the integrated approach of the External Investment Plan International Cooperation and Development
LEGAL NOTICE This Handbook presents the narrative on Investment Climate and its drivers, as part of the implementation of the External Investment Plan (EIP) and in particular its Pillar 3. Neither the European Commission nor any other person acting on behalf of the Commission is responsible for the use which might be made of the following information. More information on the European Union is available on internet (http://europa.eu). Reproduction is authorised provided the source is acknowledged Printed in Belgium © European Union, May 2019
3 Executive Summary About the External Investment Plan A conducive investment climate is essential within a country’s path towards inclusive and sustainable growth. It plays a key role in attracting and retaining domestic and foreign investments. This, in turn, ushers in an economic transformation by boosting the development and competitiveness of the private sector, creating jobs and deepening trade integration, in support of the Addis Ababa Agenda and the Sustainable Development Goals. This is the driving force behind the creation of the European Union’s (EU) External Investment Plan (EIP), which has established an integrated approach, based on 3 Pillars. A systematic interplay between those three pillars is the core innovation of the EIP: • investment mobilisation, through the European Fund for Sustainable Development (EFSD) (Pillar 1), • technical assistance (Pillar 2), • and investment climate improvements at country level (Pillar 3). Building a common narrative on investment climate This document aims to provide an overview of Pillar 3 of the EIP, highlighting key drivers and challenges of a conducive investment climate. It describes how the EU can build on its current efforts and create momentum for implementing the EIP jointly with Mem- ber States and other key partners. It will support implementation of the priorities of the Africa-Europe Alliance Communication. The key drivers of investment climate include: • those at macro level, including stability and governance, • business environment drivers, • as well as human-centred drivers such as human development and innovation. Addressing environmental, climate change and migration challenges is essential. Investors’ decision to invest, whether international or local, in a country, often depend on their perceptions whether a combination of these factors and the policy-mix to improve investment climate support their confidence. Pillar 3 of the External Investment Plan Pillar 3 of the EIP is based on key building blocks that are closely interlinked. These include: • deepening the investment climate analysis (including through technical assistance facilities such as the Structural Reform Faci- lity for the Eastern Partnership), • engaging in structured public-private dialogue (such as Sustainable Business for Africa – SB4A – Platform), in synergy with other tools such as EU trade and investment policies and EU Economic Diplomacy to identify obstacles and reforms needed. • Finally, prioritised interventions to support adequate reforms, capacity building of public and private sector, value addition and entrepreneurship, can address investors’ perceived risks. The EU can contribute to investment climate improvements through a wide range of tools at its disposal. The focus must be on coherence across the 3 pillars of the EIP, as well as coherence across all initiatives and tools deployed by the Commission in favour of reforming the investment climate in partner countries.
4 Table of contents Introduction 05 1 Pillar 3 of the External Investment Plan: a quick overview 08 1.1 Where do we stand? 09 1.2 The building blocks of Pillar 3 of the EIP 10 1.3 Linking investment prospects to investment climate improvements 10 2 What are the key drivers and challenges of investment climate reform? 12 2.1. The macro level: stability and governance drivers of investment climate 13 2.2. The business environment drivers of investment climate 15 2.3. The human-centred drivers of investment climate 22 2.4. Addressing environment, climate change and migration 24 3 How to strengthen EU action on investment climate? 26 3.1. Market analysis to prioritise action 27 3.2. Enhance further structured public-private dialogue with key 27 stakeholders at country level 3.2.1. Ensure active participation of local and European private sector in 28 structured dialogue mechanisms 3.2.2. Strengthen dialogues in agriculture, energy, digital and transport 29 sectors 3.3. Engage with partner governments to implement a conducive policy 30 mix and regulatory reforms 3.3.1. Policy dialogue and Budget Support to accelerate reforms and 30 institutional strengthening 3.3.2. Public and institutional capacity building 32 3.4. Boost further value addition and growth creation through 33 private sector 3.4.1. Strengthen capacity of micro, small and medium-sized enterprises 34 (MSMEs) and improve offer of business development services providers 3.4.2. Promote value chains upgrading, including value addition 34 and sustainability 3.4.3. Skills development 35 3.4.4. Empower women and youth as entrepreneurs and workers 36 3.5. Assess risks and monitor investment climate improvements 37 Conclusion 38 Endnotes 40 Pictures copyrights and captions 42
6 I N T R O D U C T I O N Sustainable private sector investments play an Africa. The Alliance builds on the country analysis essential role in achieving the Sustainable De- and priorities identified in the Jobs and Growth velopment Goals (SDGs) and in supporting jobs Compacts4 that provide a basis for operational and growth creation in EU partner countries. The action at country level. 2030 Agenda and the Addis Ababa Action Agenda provide a framework in which responsible invest- In the EU Neighbourhood, these policy priorities ment can contribute to sustainable development are well established under the revised Euro- in all its dimensions. A broad range of means - pean Neighbourhood Policy and reflected in from stimulating private investment to fostering the Association Agreements and Partnership Prio- enabling policies need to be mobilised. rities signed with the partner countries, as well as in the policy dialogue frameworks established, In the European Consensus on Development1, the such as the Eastern Partnership5. EU and its Member States committed to take ac- tion to boost investment. A key channel for such This document is intended to create a momentum actions is the External Investment Plan (EIP). for implementing the EIP in an integrated manner in partner countries, jointly with Member The EIP is an EU initiative launched in 20172. States and other key partners. Through its 3 pillars approach, the EIP is designed to support investments into Africa and countries near the EU (‘EU Neighbourhood’), by using public money to attract private investment, to foster sustainable and inclusive economic and social development, also with the aim of addressing specific socioeconomic root causes of migration, with a particular focus on job creation. It is a key tool for supporting EU partner countries in their efforts to meet the 17 SDGs. Objectives of the Handbook This document provides an overview of Pillar 3 of the External Investment Plan, focused on im- proving investment climate. It should be seen as the enabler for mobilising investments supported under EIP’s first pillar, consisting in the European Fund for Sustainable Development (EFSD) and blended finance operations. The EIP supports the ambitious goals set out in the new Communication on ‘Africa-Europe Alliance for Sustainable Investment and Jobs’3, proposing a new partnership to promote a substantial increase of private investment in EU neighbourhood countries Sub-Saharan Africa
I N T R O D U C T I O N 7 Overview of investments in Africa Key challenges and the Neighbourhood Africa’s economic development has made Strong economic progress over the last two de- headway and is attracting an increasing number cades and the inherent potential for the future of investors. Despite many successes, Africa is mean that there are considerable opportunities still host to more than half of the world’s fragile to be seized in the African continent. However and conflict-affected States. Challenges facing investments in Africa show an uneven picture, entrepreneurs and investors in these countries reflecting global uncertainty, with Foreign Direct vary according to the specific situations and in- Investment (FDI) flows to Africa fluctuating. clude economic, political, social, environmental and demographic constraints. Sustainable invest- While countries including Egypt, Kenya, Morocco, ments in fragile contexts can generate opportu- Nigeria and South Africa attract collectively 58% nities for jobs and economic growth in medium of total FDI in 2016 (and Egypt around 60% of and long-term. total FDIs in North Africa), less advanced and more fragile countries face systemic challenges The Neighbourhood region also faces simi- to attract sustainable private investment. Since lar challenges, varying according to the specific 2009, Africa has accounted for less than 5% situation. The Southern Neighbourhood region in of total FDI inflows worldwide. The situation particular has a young and expanding population, is even worse in fragile countries which receive in addition to millions of displaced people, largely only 6% of foreign direct investment flowing into due to the conflict in Syria. The need to create job developing countries. opportunities and economic growth is a key factor for building a better future for citizens. The EU is Africa’s biggest investor, with EU Mem- ber States holding approximately 40% of FDI In the Eastern Neighbourhood, competitiveness, stock worth EUR 291 billion in 2016. productivity and inclusiveness issues persist, and generating attractive job prospects for youth remains a key challenge. In both regions, eco- nomies struggle to adapt their education and skill-learning models to the evolving needs of the labour market, brought about by rapid technolo- gical change.
8 CHAPTER 1 Pillar 3 of the EIP: a quick overview The Commission has been providing support to investment via blending in Africa, the Neighbourhood, Asia and Latin America already since 2007. It has also supported investment climate reforms in various ways, as part of the overall assistance. However, with the External Investment Plan (EIP), the EU, for the first time, has an integrated plan. The EIP is linking: • the mobilisation of financial resources of the European Fund for Sustainable Development (Pillar 1) • with technical assistance (Pillar 2) • and investment climate improvement (Pillar 3). The latter focuses on removing constraints to sustainable private investment in partner countries and supporting priority reforms, through a strengthened dialogue with the private sector. The objective under Pillar 3 of the EIP is to help build a more conducive and sustainable investment climate6 in partner countries through a strategic and comprehensive approach.
P I L L A R 3 O F T H E E X T E R N A L I N V E S T M E N T P L A N : A Q U I C K O V E R V I E W 9 1.1. Where do we stand? A significant effort has been put in place to pro- mote the mobilisation of Commission and The Commission has a long experience working European External Action Service (EEAS) with local governments on private sector deve- Headquarters and Delegations staff, to fur- lopment7 . As set out in the Communication on ther develop the common understanding of the new Africa-Europe Alliance, EU support to investment climate challenges, build knowledge investment climate reforms should reach EUR and capacity on investment matters, including 300-350 million on average per year in Africa for through training and targeted technical assis- 2018-2020, and should further increase for the tance. In addition, an extensive work has been post 2020 Multi-Annual Financial Framework. done to map Commission’s tools and resources to achieve the ambitious objectives of the EIP. In Sub-Saharan Africa, Jobs and Growth Com- Technical Assistance facilities for Pillar 1 and Pil- pacts have been prepared by EU Delegations, pre- lar 3 have been created to take into account the senting an analysis at country level of investment investment needs and the different challenges of climate opportunities and constraints. Among EU partners to achieve the SDGs. others, they aim to identify value chains with the highest potential for value addition and job crea- tion. The work on the Jobs and Growth Compacts will provide a basis for a systematic agenda of attracting investments and these documents are under discussion with African partners. The building blocks of Pillar 3 In the Neighbourhood region, the EU’s efforts to improve the business environment in partner countries have been largely led by strong policy dialogue at different levels, further supported by financial cooperation modalities and international donor coordination mechanisms. Reforms of the in- Investment vestment climate are also promoted by enhancing Climate Analysis the dialogue in the framework of budget support operations, but also providing technical assistance (also in the form of investment climate assess- ments) and capacity development, by means of • Evidence based data • Country analysis: Jobs and traditional specific bilateral, regional projects, and Growth Compacts, other... using instruments building on EU Member States’ expertise such as Twinning and TAIEX. The Commission aims at mainstreaming in- Priority actions to support Structured vestment climate priorities within the develop- investment public-private ment cooperation rationale to better achieve the climate dialogue improvements sustainable development agenda. It is also key to build a joined-up approach on EIP Pillar 3 with EU Member States, supported by joint programming, • Support countries’s reforms • Private Sector Engagement and optimise policy mix • Sustainable Business for as well as international organisations, partner • Pollicy dialogue, budget Africa countries, private sector, IFIs, CSOs and other key support and TA (SB4A, other PPDs) • Capacity building to public partners. and private actors
10 P I L L A R 3 O F T H E E X T E R N A L I N V E S T M E N T P L A N : A Q U I C K O V E R V I E W 1.2. The building blocks of will improve the framework conditions for doing business. Building on a thorough country analysis, Pillar 3 of the EIP such as the Jobs and Growth Compacts, a sys- tematic public-private dialogue process will pro- With the EIP, the Commission aims to enhance vide a business perspective and help identify the the crowding-in of sustainable investments. Pil- most important barriers that may impede econo- lar 3 focuses on addressing perceived country mic activity. The Sustainable Business for Africa risks by supporting the necessary investment (SB4A) Platform is conceived to enable and scale climate reforms and boosting jobs and growth up structured public-private dialogue facilitated opportunities in the country. EU Delegations by the EU in partner countries and on a sector have a fundamental role in implementing Pil- basis. This can feed policy dialogue with partner lar 3, with the support of devoted national and governments and assist in prioritising and imple- regional programmes and initiatives, supported menting the investment climate reform agenda. by thematic actions. In many countries, the Commission can build on a long experience working with both the private Removing constraints to private investment in and the public sector in improving investment cli- partner countries and supporting priority reforms mate conditions, for example in the context of the implementation of trade agreements. The implementation of the integrated three-pillar approach is fundamental for the success of the THE EU’S ACTIVITIES ON EIP. It is necessary to ensure that investment pros- INVESTMENT CLIMATE pects under the blending projects and the EFSD CAN BE GROUPED INTO Guarantee are supported by technical assistance THREE MAIN AREAS and investment climate improvement actions. THAT ARE CLOSELY INTERLINKED: • Investment climate analysis: 1.3. Linking investment Evidence based data and country analysis (Jobs and Growth Compacts prospects to investment and other analysis) • Structured public-private dialogue: climate improvements Identify obstacles to investments and help prioritise reforms needed (SB4A Over the last decade, significant investments and other processes, private sector have taken place through EU innovative finan- engagement) cial instruments and budget support operations. • Priority actions to support Among the important lessons learnt is that necessary investment climate weaknesses and gaps in investment climate are improvements: systematically detrimental to the flow of foreign Supporting governments to implement and domestic investment in partners’ economies. a conducive policy mix and reforms (through policy dialogue, budget Catalysing and leveraging foreign and domestic support and technical assistance, investments under Pillar 1 sends a clear signal Eastern Partnership platforms and of confidence to the economy and encourages panels), building capacity of both public continuity in investment climate reform efforts. and private actors, and boosting value Measurable improvements in investment cli- addition, skills and entrepreneurship. mate through an effective public-private dia- logue under Pillar 3 can influence investment mobilisation under Pillar 1.
P I L L A R 3 O F T H E E X T E R N A L I N V E S T M E N T P L A N : A Q U I C K O V E R V I E W 11 Technical assistance resources in support of In this regard, EU Delegations have a key investment climate reforms are mostly mobi- role to play, through structured dialogue me- lised through national and regional indicative chanisms with the private sector, and in close programmes; a significant part of it in the form cooperation with European and International of budget support. The goal is to improve the Financial Institutions (IFIs), particularly those capacity of participants and beneficiaries. Tech- present in the country. nical assistance resources in support of local financial institutions and private sector, inclu- With the Jobs and Growth Compacts, EU Dele- ding MSMEs, are mobilised in the framework of gations are analysing which sectors and value blended finance operations and guarantee ins- chains are most likely to be an engine of inclu- truments as an integral part of the respective sive growth and employment creation, as well as funding agreements. the main constraints on which the government can act upon to improve investment climate. The The linkages across the EIP pillars between result of the analysis should allow to structure the policy investment climate reform agenda and the discussions with the private sector and other EU funded EFSD guarantee and blending projects, stakeholders, in cooperation with other partners mainly financed under regional envelopes, will (for example through G20 Compacts8). These be facilitated through EU programming mecha- tools will help support joint programming and nisms. Policy dialogue with national and regional joint implementation with EU Member States. authorities, based on the principles of the 2030 Agenda, national and international investors, EU EU Delegations will play an important role in Member States and key local actors plays an identifying bankable and sustainable invest- important role in determining the priorities in the ments that IFIs could include in their pipelines identification of blending projects. of projects to be proposed for financing under the windows of the EFSD Guarantee. In doing so, Delegations assume the roles of ‘broker’, imple- mentation agent, and watchdog. EUR 30 MILLION FOR INVESTMENT CLIMATE LINKING THE THREE IMPROVEMENTS IN PILLARS OF THE EIP IN SENEGAL ANGOLA In the framework of a budget support In Angola, the Commission is programme between the EU and working to operationalize the EIP Senegal signed in 2018, an important approach with a new action for a part (EUR 30 million) is devoted to total amount of EUR 12 million. support the efforts of Senegal in The EU has designed new blending investment climate improvements, operations (Pillar 1) linked to the for examples through reforms priority sectors selected in the Jobs related to the simplification and and Growth Compact. Technical dematerialization of administrative Assistance (Pillar 2) will be provided procedures concerning the private to both staff of local commercial sector (such as tax declaration banks and to their clients in order to and tele-payment, and reduction address the main obstacles affecting of delays for the registration of access to finance in the country, employment contracts with the including the identification of Ministry of Employment) and reforms business proposals and the support to improve commercial justice to infant private sector. In addition, mechanisms. targeted support for investment climate reforms (Pillar 3) will be given to the Government of Angola to integrate the informal economy sectors in the mainstream economic activity, particularly in those value chains prioritised in the country.
12 CHAPTER 2 What are the key drivers and challenges of investment climate reform? Investors’ and entrepreneurs’ decisions to invest in Africa and Neighbourhood are influenced by a wide range of drivers. With view to improving the investment climate under the EIP, key focus should be on these drivers, encompassing macroeconomic and political stability, governance, business environment and human-centred drivers like innovation. This chapter presents what these drivers are.
W H A T A R E T H E K E Y D R I V E R S A N D C H A L L E N G E S 13 O F I N V E S T M E N T C L I M A T E R E F O R M ? ENHANCING BUDGET 2.1. The macro level: ACCOUNTABILITY AND TRANSPARENCY IN stability and governance ZAMBIA drivers of investment Zambia scored 39/100 on the 2015 Open Budget Index, which qualifies climate the oversight by the legislature and supreme audit institution of budget preparation as limited. Under the Macroeconomic stability Support to Effectiveness and Trans- parency in Management of Public Stable macroeconomic policies are a crucial resources (EFFECT) programme (EUR part of the investment climate, since they anchor 17 million), the EU is supporting the expectations of economic actors and contri- enhanced parliamentary budgetary bute to lowering the risk of doing business by oversight in Zambia through capa- providing a more secure and predictable envi- city building to Parliamentary Com- ronment for private sector in making investment mittees, increased public awareness decisions. of parliamentary activities through support to CSOs for budget tracking, This includes: as well as improved oversight of pu- blic spending by the National Audit • the level of public budget balance, Office, through staff capacity deve- • domestic revenue mobilization, lopment and training. • public debt, monetary and price stability, • external accounts, • country credit ratings, Strengthening domestic revenue mobilisation • tax evasion, is at the core of securing public resources requi- • tax fraud, and red for a well-functioning state and the provision • illicit financial flows. of essential public services such as education, health, infrastructure, which are key to improve a Strengthening debt management capacities is country’s investment climate. needed to ensure public debt sustainability over the medium term, given that the public debt/ This also includes: Growth Domestic Product (GDP) ratio has risen si- • fighting tax evasion, gnificantly in many countries over the past decade. • tax avoidance (e.g. by tax base erosion and profit shifting), and Strengthening of public finance management • illicit financial flows9. can address critical issues which directly affect investment. This covers the selection and mainte- Tax certainty and ease of paying taxes are es- nance of public investments, as well as asset mo- sential for businesses, while governments must nitoring. A competitive transparent and accoun- ensure obtaining appropriate revenue from eco- table public procurement system is also crucial nomic activities in their jurisdiction. to ensure quality and value for money of public investment, and it has important potential for the International cooperation to prevent tax-base ero- development of local private enterprises. sion, profit shifting, and on increasing the transpa- rency of financial flows are essential in this context. Transparent budget execution with public ac- The EU is encouraging this process through its cess to essential budget documents and reports External Strategy for Effective Taxation, which effective internal control and external audit sys- contains measures to promote tax good gover- tems are needed to combat corruption and to nance globally and to engage with third countries create confidence of private investors. to counteract abusive tax practices.
14 W H A T A R E T H E K E Y D R I V E R S A N D C H A L L E N G E S O F I N V E S T M E N T C L I M A T E R E F O R M ? ENHANCING TAX REFORMS IN GEORGIA Political stability Following its 2003 ‘Rose Revolu- tion’, Georgia’s new government A stable and transparent political environ- embarked on an aggressive agenda ment provides a sound foundation for economic of legal, regulatory, and institutio- development that makes it less risky to invest nal reforms designed to stamp out and reduces the cost of establishing and running public sector corruption, increase tax a business. Risks related to unstable political collection and create an attractive environments, caused by armed conflict, health environment for public and private crises, natural disasters or other events that pose investment, largely supported by EU threats to security could discourage investors. assistance. Since then, Georgia’s tax The likelihood of political instability and/or poli- revenues have increased more than tically-motivated violence, including terrorism are four-fold thanks to the combined ef- strong deterrents for investments. fect of the changes in the tax regula- tion and administration. Total tax re- If investors fear expropriation of assets, revoca- ceipts soared from only 12% of GDP tion of incentives, labour unrest, civil dissention, to 25%. This generated fiscal space or inability to deal with natural calamities, they to increase public health investment will be disinclined to invest. Investors have to be (by 2010 it had risen by 80%, equal confident that investments are safe. to 2.3% of GDP) and public educa- tion investment (46% in real terms, Governance and rule of law, justice, nearing 3% of GDP). Assistance by anti-corruption the EU and other development par- tners was essential to helping Geor- Good governance is a crucial element for at- gia to design and implement the tax tractive investment conditions. Respect for the reforms. rule of law is a prerequisite for upholding rights and obligations of people and business and for establishing trust in the legal system of a country. The existence of an independent, impartial and efficient national justice system is the essence of the rule of law. Well-functioning na- tional justice systems are beneficial for the eco- nomy10. Where judicial systems guarantee the enforcement of rights, creditors are more likely to lend, firms can rely on their contracts, businesses are dissuaded from opportunistic behavior, tran- saction costs are reduced, corruption risks are lessen and innovative businesses are more likely to invest. Corruption has a negative impact on business productivity, investment, profitability and growth, by increasing transaction costs and discouraging domestic and foreign investments. The effective investigation, prosecution and adjudication of codes of conduct, play an important role in curbing corruption in public administration.
W H A T A R E T H E K E Y D R I V E R S A N D C H A L L E N G E S 15 O F I N V E S T M E N T C L I M A T E R E F O R M ? SUPPORTING FIGHT • Business simplification, AGAINST CORRUPTION IN • Business tax policy and administration, MOZAMBIQUE • Investment policy, • Land and property rights, In a study, the CIP (Centro de Inte- • Trade regulation and policy, gridade Publica) estimates that the • Financial markets, cost of corruption in Mozambique • Commercial justice and dispute resolution, from 2002 to 2014 in current prices • Labour law and employment policy, was equivalent to 30% of the GDP • Infrastructure policy and regulation, in 2014. With the programme «Sup- • Energy policy and regulation. port to fight corruption in Mozam- bique» (currently in preparation for an amount of EUR 10 million), Business simplification the EU aims to strengthen national mechanisms to systematically and It is a major component of an enabling business efficiently prevent, fight and moni- environment. This includes all procedures requi- tor corruption. The programme will red to start up and formally operate an industrial include strengthening the capacities or commercial business, which is an area where of judicial institutions to prevent and private sector often faces major difficulties. It fight corruption and bring corruption also includes the time and cost to complete these cases to justice, and supporting jus- procedures and government incentives to move tice professional associations, civil towards formal economy. Informal economy is society and media involvement in the main source of employment in Africa, repre- anti-corruption initiatives. senting around 85.8 % of the occupation. 2.2. The business IMPROVING THE environment drivers of COMPETITIVENESS OF THE PRIVATE SECTOR IN investment climate CAMEROON Cameroon has always been a consi- The business environment comprises the legal, dered an example of political stabi- regulatory, policy and institutional frameworks lity and economic growth in a region that govern directly business activity. This can be particularly witnessed by conflicts. grouped into various functional areas: To remove the economic barriers and facilitating the country’s economic transformation, the EU supports the “dispositif d’appui à la compétitivité du Cameroun” (DACC, mechanism to enhance Cameroon’s competi- tiveness) with view to reduce and streamline government formalities and administrative burden for local and international private sector ope- rating in the country. The project will improve the competitiveness of the market, supporting the ability of businesses to respond quickly to new market opportunities through structured public-private dialogue. Particular attention is given to sup- port the government in identifying bottlenecks and reducing costs for business in the energy sector.
16 W H A T A R E T H E K E Y D R I V E R S A N D C H A L L E N G E S O F I N V E S T M E N T C L I M A T E R E F O R M ? In the Neighbourhood Region, the EU promotes Investment Policy enterprise policies and industrial strategies desi- gned to boost competitiveness. These seek to Effective investment policies12 in EU partner expedite structural adjustment, foster an environ- countries, ranging from: ment conducive to business creation and to do- mestic and inward foreign investment; promote • investment promotion (i.e. activities that pr small and medium-sized businesses (SMEs), and mote a location as an investment destination), promote entrepreneurship and encourage inno- • investment facilitation (i.e. simplification of the vation. With the principles of the Small Business investment approval process, streamline of Act (SBA)11, the EU support regional projects in sectoral regulations), the Neighbourhood region to assess SME policies, • to the non-discrimination and protection of implemented by the OECD in partnership with the foreign investments, European Training Foundation and the European Bank for Reconstruction and Development (EBRD). are important to attract and retain investments and to re-orient them towards more sustainable Moreover, a technical assistance regional pro- technologies and businesses, respect for human gramme has been launched in the Southern rights and high labour and environmental stan- Neighbourhood to support more specifically the dards. This includes encouraging responsible implementation of selected dimensions of the business practices. SBA (e.g. internationalisation of SMEs; access to finance/financial inclusion policies). The pro- gramme will enhance institutional and regulatory frameworks for increased SME policy impact on job and company creations. EU-OECD PROGRAMME ON PROMOTING INVESTMENT Business tax policy IN THE MEDITERRANEAN and administration are key elements for the business environment. The programme funded with EUR 3 Tax certainty, transparency and clear tax pay- million aims at boosting the quality ment procedures are important to business. and quantity of investment to and within the Mediterranean region. Working in partnership with govern- REFORMING ments and institutions, it engages BUSINESS ADMINISTRATION in regional and national actions to POLICY IN JORDAN create more robust and coherent investment policies such as: moder- In Jordan, an ongoing (EUR 55 million) nising investment policies, promo- budget support operation helps to up- ting inclusive investment strategies, grade Jordan’s legislative framework. increasing the region’s investment The Government of Jordan has pres- promotion capacities, building insti- ented to the Parliament new and tutional capacity through peer lear- amended laws and bylaws such as for ning, promoting networking between bankruptcy and insolvency, upholding European and Mediterranean invest- of shareholders agreements, the mo- ment promotion agencies, enhan- vable assets law, the companies law cing public-private dialogue for and removal of the goodwill tax. The more inclusive policy making. The relevant implementing agencies are Programme actions build on well- also beginning to perform better as established international tools and the needed organisational changes, standards such as the OECD’s Policy staff increases and associated ca- Framework for Investment and the pability building programmes have OECD Guidelines for Multinational been implemented. This is giving an Enterprises. impetus, leadership and a new sense of ownership to the reform process, which should yield more robust per- formance in coming years.
W H A T A R E T H E K E Y D R I V E R S A N D C H A L L E N G E S 17 O F I N V E S T M E N T C L I M A T E R E F O R M ? Land and property rights Investors look for a non-discriminatory, transpa- rent and clear regulatory investment framework SUPPORTING TRADE that secures property rights and is supportive of FACILITATION AT research and development and innovation. REGIONAL LEVEL IN EASTERN AND SOUTHERN Secure and stable regulatory frameworks for ex- AFRICA propriation and secure land tenure have a major Under the 11th EDF Regional Indi- impact to encourage new investments and retain cative programme, a Common Mar- those that have already established, in particular ket for Eastern and Southern Africa in fragile and conflict affected states. Investors (COMESA) Trade Facilitation pro- need to be confident with the country system and gramme has been signed in Novem- to be recognized together with their land rights. ber 2018 (EUR 53 million), which Reforms to improve land administration, including will contribute to deepen regional the land registration system and the surveying integration and enhance trade at and mapping system are also key. regional level. In the field of Non- Tariff Barriers (NTBs), it will assist to upgrade the existing online mo- nitoring, reporting and resolution Trade regulation and policy system and will offer technical support to member states for the This domain is about regulation and agreements implementation of the COMESA on import and exports, trade promotion and trade NTB Regulations. In addition, at five facilitation. International trade remains a driving selected border posts along trade force of economic activities. Predictable, trans- corridors, the programme will sup- parent trade policy, including preferential trade port creation of One Stop Border agreements, is especially relevant for foreign direct Posts and trade simplification. It investment, notably where investors are concerned will also address implementation about the ability and ease of importing interme- of harmonised Sanitary and Phyto- diaries and exporting final products. In addition to Sanitary measures and technical market access through preferential trade, investors barriers to trade, including through are particularly interested in related policy fields regional networks of laboratories (often covered in trade agreements) such as com- and enhancing regional quality in- petition policy, intellectual property rights protec- frastructure. tion, public procurement and dispute settlement. African and Neighbourhood countries have negotiated a range of trade and investment agreements with the EU, such as: • Free Trade Agreements (North Africa), • Deep and Comprehensive Free Trade Areas (DCFTA) in Georgia, Moldova, Ukraine, and • Economic Partnership Agreements (5 agreements implemented in Sub-Saharan Africa).
18 W H A T A R E T H E K E Y D R I V E R S A N D C H A L L E N G E S O F I N V E S T M E N T C L I M A T E R E F O R M ? These agreements grant partners preferential EU partner countries often face internal market access in the EU (full duty-free and quo- constraints that prevent them from accessing the ta-free in the case of EPAs) and support partners economic benefits of expanded trade. To ensure in improving their investment climate, as well as that SMEs are able to seize the opportunities of aligning trade and investment-related legislation the Deep and Comprehensive Free Trade Areas with the EU where desired. (DCFTAs), the EU, together with financial institu- tions, EBRD, EIB and KfW, has set up the DCFTA Negotiations for a DCFTA have also started in Facility with Georgia, Moldova and Ukraine, with Morocco and Tunisia, with technical assistance the aim to increase SME competitiveness, ease provided in the framework of a bilateral pro- their access to finance, help them to take trade gramme (Support Programme to Competitive- opportunities and comply with food safety, tech- ness and Trade). For developing countries without nical and quality standards. an agreement with the EU, the EU’s Generalised Scheme of Preferences (GSP) grants unilateral preferential market access, while least developed countries benefit from duty-free, quota-free ac- cess under Everything But Arms (EBA). Trade facilitation, as part of trade regulation and policies, aims to introduce simplified customs procedures to reduce the time and cost it takes to import and export goods across borders, in partnership with national government and vete- rinary, phyto-sanitary, immigration or port mana- gement authorities.
W H A T A R E T H E K E Y D R I V E R S A N D C H A L L E N G E S 19 O F I N V E S T M E N T C L I M A T E R E F O R M ? Financial Markets Domestic financial markets in many African and EU INITIATIVE FOR Neighbourhood countries are not sufficiently FINANCIAL INCLUSION developed to ensure the efficient allocation of IN THE SOUTHERN savings to productive investments. It is key to MEDITERRANEAN understand the needs and impediments of the local financial sector. Access to finance for the 6 million of micro, small and medium-sized en- Access to finance is one of the greatest terprises (MSMEs) in the Neighbou- constraints and MSMEs often lack access to capi- rhood South is limited. The financing tal and to risk management tools such as savings, committed by local banks to SMEs in insurance and credit. Reform needs in this area Egypt represents no more than 5% focus on financial sector regulation, fostering of total lending, in Palestine 6%, in competition of financial service providers, and Jordan 10%, in Tunisia 15%, in Leba- insolvency frameworks. Integrating the EIP’s first non 16% and 24% in Morocco. The and third pillar work in this area is particularly im- ‘EU Initiative for Financial Inclusion’ portant, as financial market development opens has been prepared by the EU in 2015 potential opportunities for innovative financing, in partnership with European Finance particularly in the non-banking financial sector. Institutions such as EIB, EBRD, KFW, AFD, to extend financing to MSMEs including to innovative start-ups. This initiative has the potential to reach up to 200,000 MSMEs in the EUROMED TRADE region via: HELPDESK - microfinance through local financial institutions and capacity building, As part of the Euromed Trade and risk/venture capital to support busi- Investment Facilitation Mechanism, ness start-ups and microfinance, the EU in partnership with the ITC, - advisory services to SMEs, funded the EuroMed Trade Helpdesk. - SME Credit lines, The main rationale of the Helpdesk is - and guarantee funds to incentivise to provide a quick and free-of-charge local banks to lend new funds to SMEs. response to market access and regu- More than EUR 1.2 billion in new fi- latory requirements queries to com- nancing for micro and SMEs is expec- panies who wish to engage in trade ted to be mobilised by the EU collec- in one of nine participating countries, tively during the period 2016-2020. i.e. Algeria, Egypt, Morocco, Tunisia, performance in coming years. Israel, Palestine, Jordan, Lebanon and Turkey. The tool provides infor- mation on tariffs and duties, import and export procedures, and market requirements. In addition, a network of national focal points in each par- ticipating Mediterranean country will respond to enquiries on intra-regio- nal trade issues and ensure informa- tion is kept up to date. The EuroMed Helpdesk is modelled on EU Export Helpdesk.
20 W H A T A R E T H E K E Y D R I V E R S A N D C H A L L E N G E S O F I N V E S T M E N T C L I M A T E R E F O R M ? Commercial justice and dispute resolution SUPPORTING Difficulties in enforcing contracts and obtaining COMMERCIAL DISPUTE commercial justice, the cost, or insufficient RESOLUTION MECHANISMS number of judges and staff are constraints linked IN CONGO BRAZZAVILLE to formal justice systems. A legal framework and judicial system that provide effective access to In the Republic of Congo, enforcing commercial courts is crucial for both local actors contracts remains a critical issue for and foreign investors. Alternative commercial dis- both domestic and international in- pute resolution mechanisms, in particular media- vestors. The Commission is working, tion, can substantially reduce caseload burdens, through a partnership with the Point improve clearance rates, and raise efficiency in Noire Chamber of Commerce (Project the administration of justice. of Commercial and Entrepreneurial Capacities Strengthening), to rein- force the business and commercial Labour law and capacities by creating a centre of employment policy mediation and arbitration on dispute resolutions. This initiative aims to This business driver contains rules governing further support commercial prac- arrangements for individual contracts, tices and to guarantee an easy and mechanisms for collective action, and technical, fair access to justice that respects vocational education and training (VET) policies. the rule of law in case of commercial The challenges for governments are: conflicts. • to balance labour flexibility with worker protection, • to develop effective skills policies, feeding into education, training and labour market policy, • to tackle skill imbalances and mismatches, based on reliable information on market demand, • and to support decent jobs creation.
W H A T A R E T H E K E Y D R I V E R S A N D C H A L L E N G E S 21 O F I N V E S T M E N T C L I M A T E R E F O R M ? SUPPORTING REFORMS OF EMPLOYMENT SERVICES IN BENIN Under the SOCIEUX+ Expert Facility, the Commission is providing techni- cal assistance to support the efforts of partner countries to better design and manage sustainable strategies and policies on employment, labour Infrastructure policy market and social protection. and regulation One example is the activity ‘Reform Conducive infrastructure policies (comprising of employment services and pro- transport, urban development, water and sanita- grams for the establishment of a tion, energy, and information and communication one-stop-shop for employment pro- technology) is an important driver of the business motion’ in Benin, which supported environment which complements other support the Ministry of Labour, Public Admi- to sustainable infrastructure development and nistration and Social Affairs through finance. capacity strengthening to implement strategic reforms under the National Governance of infrastructure needs improve- Plan for the Promotion of Employ- ments through developing legal and regulatory ment 2017-2025. This project led to frameworks and building institutional capacities, the development of a technical moni- such as for public-private partnerships (PPPs). toring tool for evaluation of policies Governments also have a key role to play in implemented, of tools for the opera- strengthening the enabling environment for low- tional management of action plans, carbon, climate-resilient energy infrastructure and of a Strategic Plan for the imple- investments. mentation of integrated services to promote employment.
22 W H A T A R E T H E K E Y D R I V E R S A N D C H A L L E N G E S O F I N V E S T M E N T C L I M A T E R E F O R M ? on factors directly related to investment. The EIP has as ultimate purpose the sustainable develop- IMPROVING PUBLIC ment - with a change in paradigm in production PROCUREMENT and consumption, and with new business models. REGULATION IN NIGERIA Investors and entrepreneurs looking for opportu- ENERGY SECTOR nities in Africa and in the Neighborhood will consi- der these additional elements that can improve a As part of the efforts by the EU, Ger- country’s economic conditions. An effective hu- many and the US to support growing man-centred government strategy has to ensure clean energy sector, the Energy Plat- linkages between, for example, level of education, form of Nigeria (bringing together decent standard of living, social norms, innova- National Government, EU Delegation, tion and labour productivity. private sector and development par- tners) identified the need to have a more transparent procurement pro- cess to improve national and inter- national investments in the country. Technical Assistance (via the Nigeria Energy Support Programme) was provided jointly by EU and GIZ to sup- port the government to apply a new regulation on public procurement in the energy sector. This contributed to unlocking the licensing of 14 solar projects, resulting in improved sup- ply of renewable energy in the Nor- thern region of the country. Human development In this regard, human development aspects have Energy Policy to be included in the analysis, i.e. as an under- and regulation taking of enlarging people’s choices via building human capabilities, so that people can influence National energy policies and regulations facilita- the processes that shape and improve their life. ting investments in renewable energy and ena- Investors looking for opportunities will consider bling energy efficiency are essential, and need to these elements. be transparent and fully integrated across other sectors, incorporating infrastructure needs or The basic dimensions of human development are: synergies with energy efficiency, energy security and also addressing challenges such as the conti- • long and healthy life, nued subsidies for fossil fuels. • education and knowledge, • and decent standard for living. Measures should focus not only on electricity ge- neration, but also on industry and productive uses, As highlighted in the EU-Africa Alliance Commu- buildings, heating and cooling and transport sectors. nication, the quality of human capital is a key factor in improving productivity of labour force which can be considered as a decisive factor for 2.3. The human-centred inclusive growth. All people need to grow up in healthy, safe environments and be stimulated to drivers of investment develop their basic knowledge and skills, essen- tial personal and social competencies and fun- climate damental values, including social cohesion and equitable schooling. Adopting a human-centred approach towards in- vestment climate is aligned with the 2030 Agen- The essential role of governments and the public da and its SDGs and aims to go beyond the focus sector to provide basic services, to regulate and
W H A T A R E T H E K E Y D R I V E R S A N D C H A L L E N G E S 23 O F I N V E S T M E N T C L I M A T E R E F O R M ? RESTORING ACCESS TO BASIC SERVICES IN MALI Conducive innovation policies and regulatory and In Mali, several projects were institutional framework can incentivize: launched in 2017 to improve secu- • adoption of new technologies, rity, governance, job creation and • creation of industrial and innovation clusters, the resilience of affected citizens. In • and improve the quality of research. very unstable central regions of the country, the security-development Fundamental is also the existence of a proper nexus was fully in play with two legislation and enforcing system regulating the complementary programmes under Intellectual Property Rights to promote and the EU Trust Fund for Africa: first – defend innovation inside the country. PARSEC of EUR 29 million – aimed to reinforce the security of Mopti and Climate change adaptation, boosting green Gao regions as well as border mana- economy and protecting country’s biodiversity gement and the second – PROJES of requires innovative solutions and cost effective EUR 30 million aimed at enhancing and sustainable patterns of production. This is resilience of the population, to res- particularly important in countries most reliant tore access to basic services and to natural resources and where populations live foster economic development. This in exposed areas in precarious conditions and ill- action was complemented by pro- equipped to adapt financially or institutionally. jects at the national level such as a Innovation can help incorporating sustainability program supporting access to basic throughout business operations, including fos- education (EUR 40 million) and a tering low-carbon climate resilient investments, third State Building Contract (EUR and transform environmental challenges into 130 million) to support achievement market opportunities including via digital tools. of structural reforms that will lead to peace, stability and development. SUPPORTING SOUTH outsource social services or parts thereof effec- AFRICA’S NATIONAL tively in order to provide equitable and universal SYSTEM OF INNOVATION access to key social services, is to be underlined. South Africa has identified the setting Innovation up of a coherent National System of Innovation (NSI) as a priority to sup- Innovation and innovation policy help to enhance port competitiveness. However, the productivity and competitiveness and to drive NSI has not been able to achieve its economic progress. Innovation is also a human- potential, as it revolves around tra- centered driver, related to creativity, to the inven- ditional players in the research and tion of new ideas, products, technologies, social academic sectors, with limited invol- and business processes. vement of the private sector and weak partnerships. Through a bud- Innovation requires complementary actions get support sector reform contract or policies to achieve high potential returns and of EUR 15M, the EU is supporting to further incentivize investments. Governments strengthened innovation policy and should strengthen public administration, govern- learning. The programme aims at ment agencies and public research institutions to developing policy and programme build managerial and organisational capabilities interventions through dialogue and and eliminate physical, human and knowledge consultations with non-conventional capital barriers to support innovation. partners that will stimulate invest- ment in research, development and innovation for service delivery in particular for vulnerable groups.
24 W H A T A R E T H E K E Y D R I V E R S A N D C H A L L E N G E S O F I N V E S T M E N T C L I M A T E R E F O R M ? nation of roaming tariffs, investment in broa- dband connexions, and regulatory conver- gence in the areas of e-Trust, e-Commerce, e-Security, e-Health, e-Skills and e-Innovation. 2.4. Addressing environment, climate change and migration It is crucial that environment and climate change challenges be integrated into investment climate interventions. Measures to minimise and address climate and other environmental risks, by promoting climate resilient infrastructure, redu- cing dependency on imported natural resources, are being regarded as essential to a conducive investment climate. Affordable and scalable options and measures are now available in EU partner countries. These also represent opportunities for businesses and investors to take advantage of more efficient Supporting entrepreneurship and capacity de- production practices, and real benefits in terms velopment of private sector, including through of new jobs, economic savings, market opportuni- development of business development services ties, and improved well-being for people. and business skills, is also a key element of an In the Neighbourhood, the EU is supporting the improved investment climate. Promoting social implementation of the Paris Agreement on Cli- entrepreneurship is an important element of this mate Change and it is developing, in collaboration process. with the partner countries and other internatio- The rapid spread and scale up of digital tech- nologies and services has global implications REFORMS BENEFITING and creates opportunities for domestic and SUSTAINABLE foreign investments. Unlocking digital opportu- INVESTMENTS IN nities in Africa and the Neighbourhood requires MAURITIUS the deployment of digital infrastructure projects, linking especially remote regions or land-locked In Mauritius, the government collabo- countries. rates with the Partnership for Action on Green Economy (PAGE) - which the To support the development of a regulatory envi- EU supports - to design and imple- ronment conducive to public and private invest- ment evidence-based sector and the- ments in digital connectivity, governments should matic economic reforms. This has led prioritise actions for the harmonisation of policy, le- to the development (together with gal and regulatory frameworks on Information and the Stock Exchange of Mauritius) of Communication Technologies across the African a green bond market, to strengthen continent; this is key for the implementation of the both national and international re- Digital for Development (D4D) Agenda13 in Africa. source mobilization for sustainable investments. The programme has In the Neighbourhood, far-reaching initiatives also supported fiscal policy reforms, put in place by the EU, such as the EU4Digi- towards integrating clear considera- tal Initiative in the Eastern Partnership, aim at tions of environmental impacts, with deeper regional integration through the elimi- a view to creating additional fiscal space for green investments.
W H A T A R E T H E K E Y D R I V E R S A N D C H A L L E N G E S 25 O F I N V E S T M E N T C L I M A T E R E F O R M ? nal actors, concrete actions tackling both climate change adaptation and mitigation at regional, SWITCHMED IN THE national and local level by implementing for NEIGHBOURHOOD SOUTH example the circular economy model. The introduction of the green and It is also important that investment climate in- circular economy model allows the terventions favour investments that address the creation of a new economic dyna- root causes for migration, including irregular mism together with a sustainable migration, and thus decrease drivers for invo- use of natural resources. The EU luntary migration. They should also promote the funded SwitchMed is part of a wide re-integration of returning migrants. effort that supports Sustainable Consumption and production in the A conducive investment climate should support Southern Neighbourhood. the integration of migrant communities, refu- It is estimated that during the life gees and internally displaced persons into the time of the first part of the pro- economy, for instance by making sure that the gramme (2014-2018), the demons- concerned entrepreneurs dispose over residence tration activities allowed saving of permits or equivalent. natural resources (water, energy and raw material) for an annual amount National legislation should have incentives to of more than EUR 41 million in 125 migrants and diaspora organizations in the EU to businesses and impacting 30 000 pool resources to foster investments for innova- jobs. The second phase (2020-2022) tion and entrepreneurship in their region of origin will further support and scale up and that it encourages national financial insti- the transition towards Sustainable tutions to offer more affordable and individual Consumption and Production (SCP) tailored financial services, including remittances practices. For that purpose, it will reception with no additional taxes, multi sectoral 1) support directly the private sec- insurance scheme linked to remittances and new tor (industry and start-ups), 2) im- credits linked to diaspora investments. prove the regional national policy frameworks and 3) facilitate access to finance by creating an access to Finance Guide, developing “Switchers SUPPORTING Meet Investors” Events and develo- INVESTMENTS FROM ping the Switcher fund. DIASPORA IN MALI In Mali, a project (EUR 6 million) un- der the EU Emergency Trust Fund for Africa will involve International Fund for Agricultural Development (IFAD) as co-implementing partner with AFD (French Development Agency) to support investments from dias- pora in the regions of origin. The programme aims to strengthen em- ployment and entrepreneurship for the Youth in the regions of origin of migration and was adapted to allow for the IFAD to expand their crowd funding platform in the province of Kayes. This will allow the expansion of existing innovative tools imple- mented by Babyloan-France aiming at collecting from diaspora members and redirecting ‘remittances’ to pro- ductive rural investments.
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