BVVG Katja Dells 0 State-Owned Agricultural Land - A Dormant Treasure –

BVVG Katja Dells 1 CONTENT 1 INTRODUCTION 2 POLICY OBJECTIVES / LEGAL- / INSTITUTIONAL FRAMEWORK 3 PROCEDURES AND TOOLS FOR SOAL MANAGEMENT 4 GOOD GOVERNANCE 5 CONCLUSIONS

BVVG Katja Dells 2 1 INTRODUCTION 5432

BVVG TASKS Interim management (short and long- term lease) until decision on restitution/allocation/privatisation Privatization ABOUT BVVG 1 INTRODUCTION5432 Katja Dells BVVG´S MISSION Founded in 1992 as subsidiary of the German Treuhandanstalt (THA- Privatization Agency) Portfolio in 1992: approx. 1.8 m ha of state-owned agricultural and 1.4 m ha of state-owned forest land

BVVG SOME FIGURES Katja Dells 4 1 INTRODUCTION5432 CROATIA 0,89 m ha GERMANY 0,22 m ha KAZAKHSTAN 85,5 m ha MONGOLIA 112,4 m ha RUSSIA 276,5 m ha (including communal ownership) SERBIA 0,43 m ha UKRAINE 10 m ha STATE-OWNED AGRICULTURAL LAND IN

BVVG Katja Dells 5 EFFECTIVE MANAGEMENT OF SOAL TO Support development of a viable agricultural sector Support access to land Establish secure land tenure Facilitate food security 1 INTRODUCTION5432

BVVG Katja Dells 6 Outdated cadastre and land register  No data on SOAL Unclear or missing policy objectives Incoherent or missing legal framework Unclear or overlapping competencies and responsibilities WHAT HAMPERS EFFECTIVE MANAGEMENT 1 INTRODUCTION5432

BVVG Katja Dells 7 2 POLICY OBJECTIVES, LEGAL AND INSTITUTIONAL FRAMEWORK 4351

BVVG Katja Dells 8 Improving the agrarian structure Rural development Social equity, remediation, compensation Fiscal objectives Environmental objectives, climate change mitigation POLICY OBJECTIVES 2 POLICY OBJECTIVES, LEGAL AND INSTITUTIONAL FRAMEWORK4351

BVVG Katja Dells 9 PRINCIPLES Should clearly reflect the policy objectives Has to be coherent Laws should govern main objectives and principles Procedural and operational regulations should be regulated in by-laws / administrative guidelines LEGAL FRAMEWORK 2 POLICY OBJECTIVES, LEGAL AND INSTITUTIONAL FRAMEWORK4351

BVVG Katja Dells 10 DIFFERENT INSTITUTIONAL SETTINGS Establishing of a SOAL managing agency or unit SOAL management by an privatization agency Use of existing administrative structures PRINCIPLES Limit no. of different institutions involved  Avoiding overlapping of competencies and responsibilities Avoid creating supra agencies responsible for numerous land management tasks  Diverging objectives in one agency INSTITUTIONAL FRAMEWORK 2 POLICY OBJECTIVES, LEGAL AND INSTITUTIONAL FRAMEWORK4351

BVVG Katja Dells 11 3 PROCEDURES AND TOOLS FOR SOAL MANAGEMENT 4251

BVVG SOAL ALLOCATION Katja Dells 12 Short term lease agreements Long term lease agreements Long term use rights Allocation free of charge Land sales Keep in state- ownership 3 PROCEDURES AND TOOLS FOR SOAL MANAGEMENT4251

BVVG TENDER / AUCTION / DIRECT CONTRACTS Katja Dells 13 PROCEDURESPRO‘SCON‘S TENDER Equal chances to access SOAL Price achieved reflects market value All bids valid Additional criteria than highest price can be considered Can enable corruption Forcing up of prices AUCTION Equal chances to access SOAL Price achieved reflects market value Less opportunity for corruption Forcing up of prices With fall of the hammer other bids have no validity – procedure has to be restarted if winning bid does not lead to contract conclusion DIRECT CONTRACTS Facilitates allocation to eligible parties, e.g. in the scope of farmers support programms No equal chances to get acces to SOAL Determination of prices difficult Danger of corruption 3 PROCEDURES AND TOOLS FOR SOAL MANAGEMENT4251

BVVG Katja Dells 14 LAND MARKET OFTEN CHARACTERIZED BY Incoherent or weak legal frame Missing or poorly equiped implementing institutions -e.g. cadastre / land register High transaction costs for sale and lease transactions No market information available Little market activity Inofficial land transactions Biased land markets because of lacking spatial planning measures Sometimes considerable share of state-owned land 3 PROCEDURES AND TOOLS FOR SOAL MANAGEMENT4251

BVVG LAND VALUATION But, land markets often poorly developed  no comparison prices Complex valuation methods required  TEGoVA (The European Group of Valuers‘ Associations) Implementation of market monitoring institutions suggested Katja Dells 15 Management of SOAL requires information on land values 3 PROCEDURES AND TOOLS FOR SOAL MANAGEMENT4251

BVVG Katja Dells 16 VALUATION BOARDS Are independant bodies => without authorities that have power to direct with respect to the activities of the valuation boards Fulfill valuation assignments as stipulated by law Members of the valuation boards are employees at public authorities and publicly appointed valuers ASSIGNMENTS collecting sales prices from land transactions statistical evaluation Publication 3 PROCEDURES AND TOOLS FOR SOAL MANAGEMENT4251

BVVG IT SUPPORT Land information system providing all required spatial and non spatial data E.g. cadastral data, contract information, pollution data, wind suitablility areas, valuation data, land use data, spatial planning data  Basis for decision on how to allocate SOAL in the most suitable way Katja Dells 17 3 PROCEDURES AND TOOLS FOR SOAL MANAGEMENT4251

BVVG PARCEL INFORMATION Katja Dells 18 3 PROCEDURES AND TOOLS FOR SOAL MANAGEMENT4251

BVVG SOAL FOR RENEWABLE ENERGY PROJECTS Katja Dells 19 3 PROCEDURES AND TOOLS FOR SOAL MANAGEMENT4251

BVVG Katja Dells 20 4 GOOD GOVERNANCE 3251

BVVG GOOD GOVERNANCE (1) MEASURES External and internal monitoring measures Independent audit Automated business processes Checks and balances in the SOAL agency Four eyes principle staff rotation internal audit Dept. anti-corruption directives and officer bottom-up reporting accounting standards Katja Dells 21 4 GOOD GOVERNANCE3251

BVVG Katja Dells 22 4 GOOD GOVERNANCE3251 GOOD GOVERNANCE (1)

BVVG GOOD GOVERNANCE (2) RESULTS Accountability Transparency Efficiency Katja Dells 23 4 GOOD GOVERNANCE3251

BVVG Katja Dells 24 5 CONCLUSIONS 5 CONCLUSION 3214

BVVG SOAL bears great potential to be used for achieving land policy objectives Requires efficient, transparent and goal oriented management Requires favorable frame conditions States have to commit themselves to put SOAL into effective use Global community can support by -collecting and sharing spatial and non spatial data related to SOAL -strengthening good governance approaches -support knowledge transfer and capacity building Katja Dells 25 CONCLUSIONS 5 CONCLUSION 3214

BVVG Katja Dells 26 THANK YOU FOR YOUR ATTENTION! CONTACT M. Sc. (Ag.) Katja Dells, International Consulting Dept. BVVG Bodenverwertungs- und –verwaltungs GmbH,