(a) in addition to lease payments, a levy based on a guaranteed debit from the third year of operation shall be levied; Whether this is appropriate depends on the level at which it is set and the general circumstances. The private sector has little or no control over access to the land surface or macroeconomic events. However, the intention is that the port is intended for transshipment, so that there can be a much larger area over which the risk of macroeconomic changes can be spread. Concession (or franchise) agreements may also be relevant to the broader issue of access to tracks if they require the concessionaire to grant access to other operators in exchange for the payment of an access fee. (d) the concessionaire shall establish port and other rules and agree on tariff arrangements with the railways; However, under the agreement, the port authority does not ensure the continued use of it systems (e.g. B to track cargo, complete customs declarations and provide statistical information to the relevant government agencies) for a period after termination, and the concessionaire is not obliged to make every effort to guarantee the fees for subsequent port operations under the same conditions, as they are available to the concessionaire. The right to use runways for a defined period of time may also be part of a concession (or franchise) contract. These agreements generally cover the construction, maintenance and operation of a rail network and involve significant investments. They therefore grant the right to operate defined networks or individual lines longer than track access agreements and often grant exclusivity to the rail operator. 2. Although the focus is on the construction period, the standard form does not go into the details of issues related to modern port management.

Few details are given about the computer systems used to track cargo, complete customs declarations and provide statistical information to the relevant ministries. There is recognition of sea and inland access requirements, little focus on how they fit together on a daily basis or on the facilities required for immigration and customs authorities, etc. While it is recognized that these issues are site-specific, they are concepts that parties may wish to address in more detail. Example 4: Argentina – Contrato de Concesión Ferroviaria (430/94) and Addenda (167/01), Grupo de Servicio 6, Línea Belgrano Norte (Spanish) – Concession contract between the Argentine State and a private entity (Ferrovias Sociedad Anonimas Concessionarios) on the Belgrano Norte railway line (from Villa Rosa to Retira – Buenos Aires Metropolitan Area) with addendum. The concession concerns a railway line for public passenger transport (concesión de servicio público). The concessionaire shall be granted the right to use all transferred assets, including rolling stock. The concessionaire is obliged to operate the railway system, maintain the railway infrastructure and make the investments specified in the concession contract. Ownership of the assets remains the property of the granting authority. Assets are returned to the concession authority at the end of the concession period, including assets acquired by the dealer (exceptions apply to vehicles).

The duration of the contract is 24 years (renewable). The concessionaire shall be obliged to grant access to the tracks to the railway undertakings or other concessionaires referred to in the contract on the basis of track access agreements in return for track access charges. Track access conditions and infrastructure charges must be fair and reasonable (Article 6.3 of the concession contract). Details can be found in the annexes to the Treaty (not yet published). 1. There is a requirement for a minimum freight flow (called “guaranteed minimum freight”). Whether it would be appropriate to reproduce it depends on the level at which it is set and the general circumstances. The private sector has little or no control over access to the earth`s surface – which can be a problem in India – or over macroeconomic events. While there may be concerns that the concessionaire`s shareholders may have an interest in competing ports, this could be treated differently than through a guaranteed minimum cargo. This Agreement is to be read in conjunction with the Major Ports Trust Act 1983 and other port laws. In particular, the level of the tariff is regulated by the tariff authority for major ports and is not determined by the concession agreement.

(b) there is a balanced approach between construction time and operating time; As part of the agreement, the port authority ensures the continued use of it systems (e.B. to track the cargo, complete customs declarations and provide statistical information to the relevant government agencies) for a period of 12 months after termination, and the concessionaire shall do its best to guarantee the rights for subsequent port operations under the same conditions as those available to the concessionaire. There is recognition of the requirements for access to both sea and inland and some details on how priority access to wharves should operate, but it is not known how many others are set out in the Port Services Agreement. The harbour master has certain preponderant rights and remains a public sector officer […].