Recently, the Supervisory Body for Investment in Public Use Transportation Infrastructure of Peru (Ositrán) advertisement the withdrawal of the complaint filed with the National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi) related to the exclusivity granted to Cosco Shipping Ports in the port of Chancay.
Lawyer Jorge Danos, external legal advisor of Cosco Shipping's Chancay Megaport project and specialist in Administrative Law, commented on this withdrawal of the information complaint by Ositrán. According to a statement issued by Ositrán, the withdrawal is due to the existence of a pending case in the Judiciary, derived from a contentious administrative lawsuit presented by the Ministry of Transportation and Communications with arguments similar to the initial complaint.
Danos explained that the Chancay port operator has the ability to directly offer certain services or hire third parties to do so. He highlighted that Cosco Shipping has made investments in the port and taken risks, which supports its ability to provide these essential services.
In 2021, through a Board of Directors Agreement Resolution, Cosco Shipping was granted exclusivity for the exploitation of essential services in port infrastructure, such as pilotage and towing.
Cosco Shipping hopes to resolve the problems with the National Port Authority of Peru
In relation to national port legislation, the Transportation Commission of the Congress of the Republic approved a bill that seeks to modify certain articles of Law 27943, of the National Port System, with the objective of promoting the development, modernization and competitiveness of ports. ports in the country. This project is pending debate in the plenary session of Congress for approval.
According to Danos, this legal modification would formalize the possibility of granting exclusivity of services to private, publicly owned ports through administrative procedures. Likewise, it contemplates the extension of port concessions from 30 to 60 years to encourage investments in the sector.
The project also establishes that private ports for public use will not be regulated by Ositrán, but by the National Port Authority, in accordance with current regulations.
The Minister of Transportation and Communications, Raúl Pérez Reyes, expressed his support for the project during his participation in the Transportation Commission, highlighting that the proposal is aligned with the objectives of the National Port Policy and would promote the articulated growth of the port system, positively impacting in competitiveness, connectivity and employment generation.
The debate in the plenary session of Congress on this legislative proposal will be key to determining the next steps in the regulation and development of the port system in Peru.
