World Bank Port Concession Agreement

Example 7: Sub-Saharan Africa: Ifrikya Railway Concession – Case Study by Karim-Jacques Budin, SSATP Working Paper No. 64, World Bank, 2003 (English and French) – The case study contains a model railway concession agreement (Section 3) designed for a sub-Saharan African State. That model contract provides that the use of the railway infrastructure operated by the concessionaire may be open to other railway undertakings in the circumstances referred to in Article 6 of the concession contract. Use by third parties is based on access agreements to specific lanes between the concessionaire and the operator concerned, for which an infrastructure charge is charged. 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 against payment of an access fee. Example 8: Review of Selected Railway Concessions in Sub-Saharan Africa – World Bank Report, 2006 – Annex C of the report contains a comparative review of contractual clauses relating to third party access to tracks for various concession/charter agreements (Camrail (Cameroon), Sitarail (Côte d`Ivoire – Burkina Faso), Madarail (Madagascar) and Transrail (Senegal and Mali)). A Framework to Approach Shared Use of Mining-Related Infrastructure by Perrine Toledano, Sophie Thomashausen, Nicolas Maennling and Alpa Shah, Vale Columbia Center on Sustainable International Investment, Columbia University, 2014. The publication provides an economically, legally and operationally sound framework for the sharing of mining-related infrastructure such as rail, ports, electricity, water and internet, and telecommunications (ICT). 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. Concession of 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 concessionary 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 track to railway undertakings or other concessionaires specified in the agreement on the basis of track access agreements in return for track access charges. The conditions for access to the track and the charges for access to the track must be fair and reasonable (point 6.3 of the concession contract). Details can be found in the annexes to the Treaty (not yet published). Standard Concession Contract for Ports – Model Concession Contract with Definition Plan, Implementation Agreement and Port Services Agreement. .