Last Tuesday, the Avanza País congresswoman, Rosselli Amuruz, sent to the president of the Transportation and Communications Commission, Eduardo Salhuana, in which he requested to convene representatives of Rutas de Lima and the Metropolitan Municipality of Lima (MML) to explain in the aforementioned working group the reasons for the increase in the .

In dialogue with El Comercio, Salhuana indicated that he is currently in Madre de Dios and that the decision will be made whether or not to summon those involved.in this days”. “I just found out about the job today, I am in my region”he explained.

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On the other hand, he explained that Rutas de Lima currently has a signed agreement with the State and that for this reason the contractual clauses must be respected.

We are going to review the issue (of the summons), taking into account that the toll issue responds to a concession contract that has been signed a long time ago, we know under what circumstance and (with) corruption issues. We know that it is a current contract and as long as that is maintained, its clauses must be maintained.”, he assured.

If the majority (of the commission members) are in Lima next week, we will immediately call the session to look at the toll case, because it is an issue of public interest.”he added.

As you remember, last Monday Lima Routes sent a letter to MML indicating that, according to the concession contract that it signed with the State, it will increase the cost of its tolls, which since February 2022 were worth S/6.50. To determine this price, the accumulated inflation of 2021 was used as a reference.

In the document, the company indicated that no price adjustments were made in 2023 despite what was indicated in the contract. And also, it was stated that for this year’s increase the accumulated inflation of 2022 (8.48%) and 2023 (3.24%) is taken into account.

The Chillón toll, on the Panamericana Norte, and the Pucusana Collection Center, on the Panamericana Sur, will be affected by the increase.

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The concession contract for the Vías Nuevas de Lima project is responsible for the improvement and conservation of sections of the Panamericana Sur, the Panamericana Norte and the Ramiro Prialé highway. According to the document, the concessionaire Lima Routestoday made up of Brookfield Asset Management, OEC (exOdebrecht) and Sigma SAFI, is required to annually communicate the rate adjustment to the MML no later than January 15 of each year.

The concessionaire is obliged to communicate to the grantor and the supervisor the toll resulting from the application of the rate readjustment formula no later than January 15 of each year so that it is informed to the users with at least ten calendar days. in advance of your application“, indicates the document.

Through a statement, the MML indicated that after updating schedules, Lima Routeswill bill nearly US$140 million per year”. Furthermore, they urged the Constitutional Court (TC) to “defend the fundamental rights of the population”.

El Comercio contacted the MML and with Lima Routes to give their version of the summons, but both indicated that they were not going to comment.

Letter to the Constitutional Court

On the other hand, El Comercio was able to learn that the Podemos Peru parliamentarian, Digna Calle, sent a letter to the Constitutional Court (TC) requesting that the process of a protection claim against the concession be accelerated.

The process followed against the company Lima Routes It is of public interest and since as of December 4 of this year the process that will decide whether or not to withdraw the tolls Lima Routeslocated in the northern area of ​​Lima, is up for vote, I hereby request that your representative speed up to resolve the matter in question.“said the congresswoman.

Arbitration

As recalled, in January 2023 the Metropolitan Council of Lima approved the resolution of the concession contract for the Vías Nuevas de Lima project. “Counterparty risk comes first. Before looking at the cash flow, the guarantees, the first thing is to see that the counterparty is not a criminal“said Rafael López Aliaga, the mayor of Lima, in January of last year.

Weeks later, the concessionaire argued that the decision of the MML It was not supported by the terms agreed in the contract for unilateral resolutions, which is why it elevated the controversy to international arbitration.

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In June the d hoc arbitral tribunal under the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL) ordered the MML suspend the contract expiration process with Lima Routesuntil the dispute between both parties is resolved.

To date, the UNCITRAL has not yet issued its final award with the decision on whether the decision of the MML Was it constitutional or not.





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