Container Terminal Concession Guidelines
The decision, by a national government or a port authority, to contract out the development and operation of a container terminal facility to a qualified private operator sets in motion a process involving relationships with quite a different set o...
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| Format: | Working Paper |
| Language: | English en_US |
| Published: |
World Bank, Washington, DC
2017
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| Subjects: | |
| Online Access: | http://documents.worldbank.org/curated/en/108731501220267086/Container-terminal-concession-guidelines http://hdl.handle.net/10986/28309 |
| Summary: | The decision, by a national government
or a port authority, to contract out the development and
operation of a container terminal facility to a qualified
private operator sets in motion a process involving
relationships with quite a different set of players compared
to traditional port operations and management. It also most
often requires a change in the function of the port
authority, either from service provider to regulator, or
from licensing authority to long-term contract manager, or a
mix of both. Whatever the specific local conditions in play,
this means a clear evolution in the respective roles of the
public and private players having to work together to
deliver the services expected by the clients of the port and
the national economy at large. Effectively dealing with
experienced private container terminal operators requires
public counterparts, port authorities and government
administrations, to master the legal and institutional
skills necessary to reach balanced and profitable
arrangements for their countries. Even when the required
legal framework has been thoroughly established, existing
institutions may find it hard to adjust to dealing with
partners whose short-term objectives may not at first sight
coincide systematically with the long-term policy goals of
public authorities. However, past and current experience
does show that both can be preserved, provided both sides
have the tools and skills needed to reach an effective
contractual agreement. Not surprisingly, as this is the
nature of the markets they have been operating in, private
operators will bring to the negotiation table very strong
legal competencies and experienced negotiating skills. Since
these skills were not so much required to deliver their
usual mandate so far, many port authorities may lack at the
outset a comparable capacity. While on-the-job training will
definitely be part of the learning process, specialized
assistance by transaction management professionals is often
warranted. The Guidelines will identify key areas that
typically may need support to ensure a successful outcome. |
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