2000年-世界发展银行全球_Port_Concessions_in_Chile___Contract_Design_to_Promote_Competition_and_Investment_4页_481kb

Chile's Port Reform: A Summary

Core Content

Chile's port reform, initiated in the late 1990s, aimed to promote investment in port infrastructure and equipment, enhance service efficiency, and reduce costs for clients. The reform replaced the previous multi-operator system with an exclusive concession model, known as the monopoperator system, where private companies are responsible for operating and maintaining container terminals, along with investing in equipment and infrastructure.

Main Objectives

• Encourage Investment: Promote modernization of port facilities and equipment.
• Improve Efficiency: Reduce waiting and service times, attract larger and more modern ships.
• Reduce Costs: Lower tariffs for clients and enhance service quality.
• Ensure Fair Competition: Prevent abuse of monopoly power and promote a competitive environment.

Key Reforms

• Exclusive Concessions: Each major container terminal is operated by a single private company or consortium, replacing the multi-operator model.
• State Port Companies: Ten new state port companies were formed to manage infrastructure and enforce contracts, while not handling cargo or berthing.
• Tariff Design: Tariffs are set at a minimum floor value, with a tie-breaking payment mechanism to ensure fair competition.
• Revenue Sharing: State port companies receive a minimum annual rental and share revenue from the concessionaires.
• Anti-Discrimination Rules: Prevent vertical and horizontal integration that could lead to market distortion.
• Investor Confidence: Independent arbitration and potential contract extensions (up to 30 years) are provided to ensure fair returns.

Bidding Process

• Simultaneous Bidding: All main terminals were tendered at the same time to avoid a sequential process.
• Tariff Floor: Bidders were required to set tariffs at a minimum floor, with tie-breaking payments to ensure competitive bids.
• Outcome: Most bids adhered to the floor, triggering the tie-breaking mechanism. Upfront payments were significantly higher than expected, leading to increased returns for state port companies.

Labor Considerations

• Unrest and Disputes: Stevedoring workers protested against the reforms, demanding a return to the previous licensing system and compensation for layoffs.
• Safety Net: A safety net was introduced for laid-off workers, including voluntary early retirement for older workers.
• Cost Implications: The safety net cost approximately US$30 million, which is about 10% of the upfront payments.

Challenges and Outcomes

• Legal Delays: A court case challenged the bidding process and delayed the reform by six months.
• Competitive Tension: The reform successfully kept competitive tension among bidders, with five major global operators participating.
• Future Improvements: Additional reforms are needed, such as transferring maritime permit issuance to a more stable format and reducing tariffs for navigation aid systems.

Conclusion

While the reform is still in progress, early signs suggest success in lowering tariffs and improving service efficiency. The key to achieving these outcomes was maintaining a high level of competition among bidders and ensuring fair returns for the state. However, further reforms are necessary to fully modernize Chile's ports and ensure long-term investment and efficiency.

Authors

• Juan Foxley: International consultant, member of the board of Valparaiso Port Company, and representative at the National Ports Concession Committee.
• José Luis Mardones: Management consultant, former executive president and chairman of the board of relevant port companies.

Additional Notes

This document is part of an open forum to promote public policy innovations and market-based solutions for development. The views expressed are those of the authors and do not represent the official policy of the World Bank or any affiliated organizations.