New General Tariff Regulation of OSITRAN is adopted
On Monday, January 25, 2021, OSITRAN’s Board of Directors Resolution N° 0003-2021-CD-OSITRAN was published in the Official Gazette “El Peruano”, adopting the new General Tariff Regulation of OSITRAN (“Regulation“). The purpose of this regulation is to establish the methodology, rules, principles and procedures to be applied by OSITRAN when setting, reviewing or deregulating the tariffs applicable to the provision of services derived from the operation of the Infrastructure of Transport for Public Use (“ITUP“), as well as to establish provisions related to the tariff, tariff and price regulations and commercial policies of the Provider Entities.
The Regulation was published with the aim of bringing tariff rules to the legal framework in force in order to provide greater transparency and predictability in favor of the administered parties, providing for the efficient processing of the tariff procedures, as well as eliminating inefficient burdens and costs.
In addition, the Regulation applies to the Provider Entities that provide services derived from the operation of the ITUP by virtue of a legal or contractual title. Therefore, the Regulation shall be applicable in addition to the provisions of the ITUP concession contracts with respect to tariff provisions; and it shall enter into force the day after its publication. For this reason, the Provider Entities must adapt their respective tariffs and, if applicable, their Tariff and Price Regulations to the provisions of the Regulation and submit them to OSITRAN within a period not to exceed thirty (30) working days from the date the Regulation enters into force.
Finally, the procedures for setting, reviewing or deregulating tariffs that are in process as of the date of entry into force of the Regulation shall be governed by the provisions of the previous regulation, until their conclusion.
For further information, please contact Verónica Sattler (vsattler@estudiorodrigo.com), Alejandro Manayalle (amanayalle@estudiorodrigo.com), and/or Diana Briones (dbriones@estudiorodrigo.com).
