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Table 2 Governance models in South America

From: The adaptation process in port governance: the case of the Latin countries in South America and Europe

  ARGENTINA BRAZIL CHILE COLOMBIA
Governance model
 Property State. State. State. State.
Private ports, by concession of water areas, and private-owned land areas. Private ports, by concession of water areas, and private-owned land areas. Private ports, by maritime concession and private-owned land areas. Private ports, by concession of water areas, and private-owned land areas.
 Status P.A. Own legal entities/private law bodies. Ports are classified as federal, provincial and municipal. None is legally defined as “public service”, all of them must provide open and non-discriminatory port services. Ports are classified as federal, provincial (States) and municipal. Private ports (TUPs) are now authorised to handle third party cargoes. Originally, TUPs could only handle their own cargo. State entities (companies) for public ports. Private ports, according to business corporations’ law. State companies cannot directly provide services like stevedoring and others. Acting under the Corporate Law, private companies (regulated by law) sign a contract of port concession with the State (ANIa and Cormagdalenab.)
 Ports governance Decentralisation. Main port system is made up of 1 federal port (Buenos Aires), 34 provincial and municipal ports, and 39 private ports. Partial decentralisation. After 2007, a partial process of re-centralisation (Creation of Ministry of Ports; SEP in Portuguese.) Some features remain with provincial and municipal governmental bodies. Main port system is made up of Federal ports: 21; Provincial and Municipal: 14. 23 ports are administrated by the “dock companies”, which are shared private and public companies (Federal government is the major stockholder, and therefore are directly linked to SEP.) There are 128 TUPs. Partial decentralisation. Eleven state ports that offer open and non-discriminatory port services, administered by ten state-owned companies. Twenty five private ports. Partial decentralisation. five terminals that offer open and non-discriminatory port services. Private ports: 31 terminals that offer open and non-discriminatory port services and 19 that offer restricted services.
 Decision-making bodies The Authorities depend on the corresponding government, be it federal, provincial or local. Some provincial ports are managed by a “Consortium”, a non-state public body responsible for the administration and operation of the port, and authorised to act as Landlord. Each consortium is made up of government representatives, trade unions and the private sector. Private ports, subject to Corporate Law. The Authorities depend on the corresponding government, be it federal, provincial or local. Private ports, subject to Corporate Law. Main bodies are the following: SEP for planning and concession rights; ANTAQ for regulation; CAPc (Port Authority Council.) Other bodies: National Council of Port Authorities, Port Administrative Councils and Port Fiscal Councils. OGMOd (labour associations) is a special feature: all port operators are required to hire OGMO workers. A Directory of five or three members, according to the Company, designated by the national government (Public Corporations System.) Ministry of Transport is the law application body. Private ports, subject to Corporate Law. Those corresponding to a Limited Company, i.e. Assembly of Shareholders, Board of Directors, and executives in charge (e.g. CEO, etc.)
 Partnership n/a n/a n/a n/a
 Autonomy Budget approved by the relevant authorities. Authorities are in charge of ensuring that tariffs and prices applied in the sector are accessible and transparent. Own budget, approved by the Ministry of Finance. Autonomous in the setting of tariffs on offered services. Private ports: free rate fixing. Directing bodies are fully autonomous, following the statutes of each Limited Company
 Model Landlord, since 1992. Landlord, since 1993. Landlord, since 1997. Landlord, since 1991.
Governance modalities in management operation
 Property and control State. Private ports, controlled by private companies. State. Private ports, controlled by private companies. State. Private ports, controlled by private companies. State. Private ports, controlled by private companies.
 Nautical-technical services Private and public ports: free access, under obligation to heed the regulations of the maritime authority. Influence from trade unions Private and public ports: free access, under obligation to heed the regulations of the maritime authority. Influence from trade unions Private and public ports: free access, under obligation to heed the regulations of the maritime authority Free access, under obligation to heed the regulations of the maritime authority
 Fees Partially regulated by the authorities. No regulations in private ports. Partially regulated by the authorities. No regulations in private ports. Autonomy. No regulations in private ports. Partially regulated by the authorities. No regulations in private ports.
Challenges
 Infrastructure investments State (federal mainly, but provincial too.) Private ports, depend on investors. State (federal mainly, but provincial too.) Private ports, depend on investors. At Terminals (berthing facilities) only through concession to private entities. Common service works, accesses, depend on each State Company APP- Concession Contract, supervised by National Infrastructure Agency, Comptroller General of the Republice
 Planning Each entity SEP is responsible for planning and for formulating the policies and promoting the execution of measures, programs and projects to support infrastructure development in maritime ports. Each port company required to have a 20-year Master Plan and 5-year Investments Calendar. Private ports, subject to private law. State produces Port Expansion Plan, as the framework paper. Each P.A. then produces a Master Plan of Port Development, following the contract.
 Major challenges Expansion, financing. Dredging plan. Environmental issues. Private ports: private profitability objectives and dredging plan for inland waterways. Expansion, for private and public ports (159 terminal areas located within the statutory ports were mapped as possible facilities to be leased to the private sector.) Modernization and efficiency plan. Dredging plan. Environmental licensing. Financial autonomy and social profitability in its projects. Private ports: private profitability objectives Port Efficiency and competitiveness of COMEX.f Financial autonomy and private investors’ own profitability goals. Private ports: private profitability objectives
 Main laws and other legal documents Law 24093, 1992, for both public and private ports. Rules SSPyVNg 02/97 and SSDS 04/97 (environmental licensing) Law 8630, 1993: new regulatory framework. Law 10233, 2001: creation of a new regulatory body (ANTAQ). Law 11.518, 2007. Creation of Ministry of Ports. Law 12.815, 2013. New Ports Law. Law 19542, 1997 y Supreme Decree for Master Plans, Concessions and others, Usage of Berthing Facilities and Coordination Normative. Private ports: Rules from the Maritime Concessions Regime: DS No. 2, 2005. Law 1, 1991: Ports law. Regulatory Decrees: Ministry of Transport; Cormagdalena; SuperTransporteh; CCTR.i Ports law apply to both public and private ports.
  1. Source: own development, based on each country’s national legislation
  2. aNational Infrastructure Agency/Agencia Nacional de Infraestructura, in Spanish
  3. bMagdalena River Regional Autonomous Corporation/Corporación Autónoma Regional del río Grande de la Magdalena, in Spanish
  4. cConselho de Autoridade Portuária, in Portuguese
  5. dÓrgão Gestor de Mão de Obra, in Portuguese
  6. eContraloría General de la República, in Spanish
  7. fInformation system of the National Directorate of Taxes and Customs (DIAN)
  8. gPorts and Waterways Subsecretariat
  9. hSuperintendencia de Puertos y Transporte, Ports and Transport Agency
  10. iThe Colombian Commission for Transport Regulation