Water and Sanitation Heritage Company in Urban and Semi-urban (SP-EAU SA)
The Water and Sanitation Heritage Company in Urban and Semi-urban (SP-EAU SA) was born from the reform of the water and sanitation sector.
The urban water sector has been marked for a long time, in legal terms, by the inadequacy of the law on drinking water and regulatory text. The contractual reference between the State and the TdE, was the decree n ° 99-108 of December 22nd, 1999 bearing specifications of the services of potable water and sanitation in an urban environment.
Faced with this shortcoming, the Ministry in charge of Water and Sanitation, set up an interministerial unit in 2008 for the preparation and implementation of the urban water supply reform with the specific objective of institutional reform of the drinking water sub-sector.
At the end of this reform, the Development Fund of the Potable Water and Sanitation Sector, (FODESEPA) was dissolved by the law n ° 2010- 013 of December 22nd, 2010 with the consequence of the transfer of its funds to the SP -AU which is created by the law n ° 2011-130 / PR of August 3rd, 2011 and its statutes adopted by the supervisory board on September 10th, 2011 as well as its General Manager named by decision n ° 01 / CA-2012 of September 20th 2012.
This institutional reform, initiated by the Togolese Government in 1996, went through several stages until its implementation in 2014, when the concession and leasing contracts with their respective annexes were signed between the State, the SP-EAU and the TdE. , November 20, 2014.
THE CONCESSION CONTRACT
It is the contract - 69 articles, 5 annexes, grouped in 7 titles - which concedes or entrusts to the SP-EAU, by the Togolese State, all the goods of production of transport and distribution of the water drinking water in urban and semi-urban areas. The contract plan, which forms an integral part of this contract, clarifies the role of the SP-EAU towards the State, and the obligations of the latter with the SP-EAU. It sets the objectives to be achieved by the performance indicators.
THE COVER CONTRACT
Contrary to the concession contract, the lease contract is this commitment- 96 articles, 7 annexes, organized in 7 titles - which connects the SP-EAU to the farm company, in our present case, for the moment the TdE, the Togolese Water and the State. The performance contract, which is an integral part of this contract, emphasizes the obligations of the TdE towards the SP-EAU and the latter towards the TdE. It highlights the performance indicators that the TdE is required to achieve for the development of the sector.
The overall objective of this second-generation reform is to create an autonomous management framework that is financially viable and capable of supplying drinking water to a large number of Togolese populations.
The specific objectives of the reform are defined as follows:
improve the technical and financial performance of the drinking water sub-sector in urban and semi-urban areas and the collective sanitation of domestic wastewater;
ensure the control of the operation of water and sanitation infrastructures;
Restore and maintain the sector's financial equilibrium to cope with all costs, especially the sector's debt service.
The will of the Government through the implementation of this reform is to rapidly improve, by massive investments in the sector, the rate of access of the populations to a drinking water in sufficient quantity.
LEGAL STATUS OF SP-WATER
SP-EAU SA, a public limited company, created by decree n ° 2011-130 / PR of August 3rd, 2011 is governed by:
The provisions of the Uniform Act relating to the Law of Commercial Companies and Economic Interest Grouping of the Organization for Harmonization in Africa of Business Law (OHADA),
Law No. 90-26 of 4 December 1990 on the reform of the institutional and legal framework of public enterprises and its implementing decree No. 91-197 of 16 August 1991,
The law n ° 2010-004 of June 14th, 2010 bearing the water code,
Law No. 2010-006 of 18 June 2010 on the organization of public services for drinking water and collective sanitation of domestic wastewater.
The main mission of the SP EAU
Ensure the conservation and development of public and private state assets in the sub-sector of drinking water supply and collective sanitation of domestic wastewater in urban and semi-urban areas.
The specific missions of the SP EAU are aimed at:
the preservation of the public domain of water under his responsibility,
planning, carrying out studies, project management, project management, research and setting up of financing for the execution of investments at the expense of the delegating authority,
programming and implementation of drinking water and sanitation infrastructures,
extension, strengthening and renewal of drinking water and sanitation infrastructure,
the maintenance of hydraulic infrastructures according to well-defined specifications,
repayment of debt service on all loans in the sector,
the control of the exploitation of the infrastructures of the public domain of water placed under its responsibility,
carrying out all operations directly or indirectly related to the missions defined above,
the execution, on behalf of the delegating authority, of the control of the activity of the delegates entrusted with the operation of the public drinking water service, in accordance with the law.
The management and development of the state's public and private assets are ensured through a 30-year concession agreement signed between the State and SP-EAU.
PROJECTS IN PROGRESS WITH SP-WATER
At the beginning of its activities SP-EAU is solving the water problem of the city of Lomé through the implementation of the project to improve the drinking water supply of the city of Lomé. emergency 2009-2013, financed by the Togolese State and the French Development Agency (AFD) for a total cost of 7.2 billion CFA francs.
This project aims to achieve 10 drilling operations in the periphery of Lomé, to provide 20,000 m3 / day of additional drinking water to solve the water shortages in the city.
The project also includes the construction of civil engineering infrastructure, equipment of the 10 boreholes, extension of the distribution network in several outlying districts of Lomé.
Other important projects are being executed under the control of structures of other structures and will be progressively transferred to SP-EAU.See more