The Plenary Session of the Congress of the Republic of Peru has approved an opinion that modifies certain aspects of the National Port System Law (LSPN), with the aim of promoting port development and improving the conditions of administration and investment in port infrastructure in the country. .
The measure, supported by 72 votes in favor, 32 against and four abstentions, is based on bills 7141/2023-CR and 7188/2023-CR. These projects propose that the owner of a private port for public use, once obtaining port authorization, can provide port services exclusively.
According to the text of the approved opinion, once the port authorization is granted, the competent Port Authority will automatically grant exclusivity in the provision of essential port services requested by the owner of the private port together with the port license.
The proposal includes modifications to articles 9, 10 and 11 of the LSPN, allowing the administration of port infrastructure to the private sector for up to 30 years, extendable for the same period, through different modalities such as joint venture, leasing, concession. , shared risk, management, corporate, among others.
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The push for these reforms occurs in the context of the controversy over the exclusivity of essential services granted to Cosco Shipping Ports Chancay Perú SA in 2021. The Attorney General’s Office of the Ministry of Transport and Communications (MTC), at the request of the National Port Authority ( APN), had requested the annulment of this exclusivity, arguing that the APN lacked the power to make that decision.
Cosco Shipping Ports Chancay Perú SA expressed its surprise at this situation, pointing out that they had complied with all the requested requirements. However, with the approval of these reforms, the company will be able to once again request exclusivity between the port authorization and license.
The support of the Minister of Transportation and Communications, Raúl Pérez Reyes, has been key to these legislative changes, seeking to guarantee the continuity and promotion of private investments in the country’s port sector.
The opinion approved in the first vote will be submitted to a second vote after seven calendar days, as established by the legislative procedure.
Source: https://reporteasia.com/negocios/2024/04/20/el-congreso-de-peru-a-un-paso-de-aprobar-reformas-para-permitir-la-exclusividad-de-cosco-en-el-puerto-de-chancay/