Infrastructure | Public bid | Consession of Buenos Aires port terminals | Abeledo Gottheil

Infrastructure | Public bid | Consession of Buenos Aires port terminals

The National Government, through Decree 299/2023, instructed the Ministry of Transportation to call for a National and International Public Bid, at business  risk and without the Government’s guarantee, to award a Concession for the Use and Operation of two terminals at Puerto Nuevo – Buenos Aires (Internal Terminal and External Terminal), and, subsequently, award them and execute the relevant concession contracts.

To such end, Decree 870/18 was abrogated, and it was set forth that the Ministry or Transportation shall approve the respective bidding conditions, which shall (i) guarantee competition through instruments forbidding horizontal integration and restricting the possibility of vertical integration to only one of the two future concessions; and (ii) include the obligation in charge of the new concessionaires to incorporate the employees at present subject to the Collective Bargaining Agreement, directly depending from the Port Terminals and from the companies that provide port services, keeping their labor conditions in force at the time of said inclusion.

In addition, and on the basis of the current concessionaires’ situation, the General Administration of Ports was instructed to adapt the contracts of  Terminals Nº 1, 2, 3 and 4 of Puerto Nuevo – Buenos Aires as necessary, during the transition period and up to the new concessionaires’ take-over under the principle of maintaining the balance of the contractual financial economic equation.

Should you require assistance on this issue, please consult your usual contact  in AbeledoGottheil.

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