World Bank Port Concession Agreement
Example 5: Brazil – Mining-Related Railway Concession – Concession agreement between the Brazilian state and a consortium of several mining companies. The concession agreement grants the concession to the concession for a 30-year concession for the development and operation of a 1,674 km rail line, which serves as a freight link to the main ports in the region. The concession agreement provides for access to a certain volume of local passenger transport (9.1 XX). The dealer is also required to exploit «mutual traffic» (i.e. to grant reciprocal access rights to other rail operators). If the dealer is unable to operate «mutual traffic,» it must enter into track access agreements with third-party users. These contracts must be subject to the agreeing authority in order to avoid the abuse of economic power (9.1 XXII). (g) The form model indicates that no third party needs offices or other premises in the port, such as road hauliers, shipping companies, etc. If this assumption is not correct, preferential rights should be granted to these third parties, preferably on the basis that they will be able to continue to occupy at the end of the concession, in order to allow the port`s activities to continue. The position is not so relevant if the concession of a terminal and is not from the entire port. Protection should be put in place to prevent the dealer from requiring a high premium of one-third instead of an economic lease, but this is not unusual for this type of agreement. The contractual form of a concession contract can also be used to grant transport rights for a longer period of time.
An example is the Model Concession Agreement (MCA) for PPP in the container train sector The right to use tracks for a defined period of time may also be part of a concession (or franchise) agreement. These agreements generally combine the construction, maintenance and operation of a rail network and involve considerable investment. As a result, they grant the railway manager the right to operate certain networks or lines for a longer period than access agreements and often grant exclusivity to the railway operator. b) there is a balanced approach between the construction period and the operating period. As part of the agreement, the port authority ensures the continued use of computer systems (such as those that could be used for tracking freight, full refund of duties and the provision of statistical information to the relevant government authorities) for a period of 12 months after the termination, and the concessionaire does everything in its power to guarantee the rights of the port authority under the same conditions. available to the dealer. There is recognition of the requirements for both seaward and landward access and some details on how the priority of access to the docks should work, but how much more is stipulated in the Port Services Agreement is not known. The harbour master has certain rights of way and remains a public sector official. Typical concession contract for the port – Concession agreement of a port between a port authority and an ad hoc entity (concessionaire).