11 avr Port Model Concession Agreement
There is no generally accepted standard for the concession fee. This levy is normally determined as the sum of a fixed levy for the use of land managed by the Authority and a variable levy in the form of a debit licence fee for the right to perform handling services. The amount of the fee is a function of the local situation. The fixed share may represent the infrastructure costs (and, if applicable, construction costs) of the terminal, including financing costs. The structure and amount of the concession fee is an essential part of the analysis by the project proponents. The variable charge often depends on the position of the port as a whole (i.e. what the market can bear) and other considerations, such as the creation of a fund for surplus port workers. An important issue is the indexation of the concession fee (TEU fee). This tax is generally expressed in U.S. dollars, euros or any other strong currency. Given that the duration of the concession could be longer than 30 years, it is clear that there is a serious risk of inflation. A concession agreement should therefore include a specific indexation clause. Indexing should apply to both fixed and variable fees.
The simplest option is to regularly adjust the levy on the basis of a basket of currencies, for example. B a combination of U.S. dollars, euros and yen; the example of Box 41 is a little more complicated. Often, sponsors and operators are not willing to provide full compensation for inflation and to try to take the risks as far as possible on the port authority. The Inland Waterways Authority of India (IWAI) has also adopted the MCA to privatize India`s first river terminal — the Varanasi multimodal terminal on national Waterway 1 – given operational similarities and infrastructure requirements. However, the tender was rejected by IWAI for non-partner bidders, as BusinessLine announced on Monday. This list may be extended to other points where definitions may be broadened depending on the specific objectives of the concession and the considerations of national concession law. The appearance of a force majeure event may result in an extension of the concession period or an extension of the construction time after the existence of the force majeure event.
An operator cannot be held responsible for the full achievement of performance objectives if unforeseen and uncontrollable events occur (force majeure). However, such events should not automatically excuse the dealer of his financial obligations that must be paid under a concession contract.