If a port authority not only enters into a concession agreement with the SPC, but also participates in the SPC as a shareholder, the role of the port authority will change more radically. Thanks to venture capital investment, the port authority will be more directly involved in port operations. If the company has a monopoly in the port (for example. B with the container terminal alone), the situation may be acceptable, although there may be a conflict of interest between the port authority`s role as an investor and as the monopoly regulator. However, if the company competes with other port terminals, the port authority`s participation in the supplementary certificate of protection will result in a serious conflict of interest and its independent and neutral position. Most of the time, the current legislation of the concession contract is the national law of the country in which the terminal is located. However, some foreign lenders require that the documentation be submitted to the United Kingdom [BCJ7] or U.S. law. Legal issues, submission to jurisdiction and dispute resolution should be addressed at an early stage of negotiations between the Port Authority and the operator, particularly in the case of a concession on a bot agreement (see Box 38). Labour productivity: Labour productivity figures refer to transport and terminal throughput, with the total number of people occupied by the terminal operator. This indicator is included to allow the operator and the port authority to monitor labour productivity and, indirectly, terminal operating costs.
Labour productivity indicators can be based on the total number of hours worked by the total number of people employed in the terminal or by certain categories of people. · volumes for the first dredging with Port Authority, which take a risk for a certain volume; Handling services: management and operation of cargo terminals, including handling services for Stevedoring; Landing Transportation Consolidating the cargo; Storage of general, liquid or dry bulks. Finally, the consortium can enter into a management contract with a professional operating company. The financing terms and the management contract are part of the concession documents (see Box 26). These characteristics distinguish management contract concessions at one end of the reform spectrum and overall privatization of ports at the other end. Concessions allowing governments to retain final ownership of the port country and responsibility for authorizing port operations and construction activities also allow governments to protect public interests. At the same time, they relieve governments of operational risks and significant financial burdens. A concession contract usually contains security clauses in the port area. In general, these issues fall within the jurisdiction of the port authorities, although a terminal manager also has a share of responsibility. Security has improved considerably since most maritime countries ratified the ship safety code and port facilities. The code applies to all merchant vessels on international voyages, as well as to all port facilities. The concession should require the operator to apply the relevant provisions of the code and to cooperate with the port authority and the harbour master as part of the required port safety plan (see Box 43).
Construction contract: the contract or contracts concluded or concluded between the contractor and the operator for the construction of work relating to the terminal container [name] or the facility (port), in a form that contains provisions approved by the port authority, allowing them to be transferred to the port authority or the exercise of other progressive rights of the port authority.
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