Example 4: Argentina – Contrato de Concesién Ferroviaria (430/94) and Addenda (167/01), Grupo de Servicio 6, Lenea Belgrano Norte (Spanish) – Concession contract between the Argentine state and a private entity (Ferrovias Sociedad Anonimas Concessionarios) on the Belgrano Norte railway line (from Villa Rosa to Retira – Buenos Aires Metropolian Area) with surcharge. The concession concerns a railway line for the public transport of passengers (concesién de servicio péblico). The dealer has the right to use all transferred assets, including rolling stock. Concessionaire is required to operate the rail system, maintain rail infrastructure and make the investments specified in the concession contract. The holding of assets is the responsibility of the agreeing authority. Assets are reset to the consent authority at the end of the concession period, including assets acquired by the dealer (exemptions apply to vehicles). The term of the contract is 24 years (extendable). The dealership is required to grant access to the tracks to railway companies defined in the agreement or to other dealers on the basis of access agreements against track access charges. The conditions for access to the track and access fees must be fair and reasonable (point 6.3 of the concession contract). Details are contained in the treaty annexes (not yet published). The concession. For other relevant points, this section describes the authorization of activities granted to the dealer or project company; The rights, privileges and obligations of the dealer/project company; Duration of concession/contract.
It can also mention what the private company must do at the end of the term of the contract, for example. B the transfer of assets to the state. Insurance and guarantees, non-responsibility. Representations and guarantees from the dealer and the government authority regarding the obligations to notify the other party of any changes are covered by this section. Many PPPs include new assets – often referred to as green prairie projects. For example, the UK pPP programme – the Private Finance Initiative (PFI) – has involved private companies in financing, building and managing new public assets, from schools and hospitals to defence institutions. P3s can also be used to transfer responsibility for modernizing and managing existing assets to a private company – or to wasteland projects. In both cases, an essential feature of a PPP is that the assets or services provided are indicated in the form of expenditures, not entries, i.e. they define what is needed and not how it should be done.
Example 6: Peru – Contract de Concesién de los Ferrocarriles del Sur y Sur Oriente (Spanish) – Concession contract between the Peruvian state and a private body (Ferrocaril Transandino S.A.) that provides the concession of the southern (Matarani/Mollendo to Cusco) and south-east (Cusco to Machu Pichu) railway lines. The duration of the concession is 30 years (extendable). The consenting authority entrusts the dealer with the right to use goods and vehicles for passenger and freight services.