The president of Supervisory Body for Investment in Public Transport Infrastructure (Ositran)Verónica Zambrano, announced that the entity will appeal the judicial resolution that excludes the Chancay megaport of its scope of regulation and supervision.
The decision was issued by the First Specialized Constitutional Court of Lima, which determined that the terminal should not be supervised by Ositrán.
Faced with this, Zambrano announced that, once the formal notification is received, they will appeal to the Constitutional Chamber of the Superior Court to try to reverse the ruling. “We already have a response project,” he said in RPP.
The port is operated by the Chinese company Cosco Shipping, which has indicated that its activities are already supervised by other state entities. However, the head of Ositrán stressed that it is not up to the company to decide which organizations intervene in the infrastructure.
“It is not the responsibility of the owners of the company to decide who enters or who does not enter, but rather it is a legal mandate that they must comply with,” he emphasized.
Ositran questions resolution that prevents it from inspecting the Chancay terminal
Zambrano explained that institutions such as the National Port Authority or Sunat fulfill specific functions within the terminal, while Ositrán has a different role, focused on the economic regulation of the service.
The official stressed that the organization’s mission is to avoid abuses of a monopoly position and correct market failures, which, as indicated, directly benefits the users of the port system.
“Our organization is precisely the supervisor of private investment. So, I do not understand the reading that they give to the legal norms to conclude something completely contrary to what is our reason for being,” he said.
Ositrán considers that the megaport qualifies as a company providing services to the public, so it should be subject to the current regulatory framework. In that sense, the appeal will seek for a higher instance to review the interpretation of the constitutional court.
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