OSITRAN declares appeal by APM Terminals Callao regarding port tariffs founded

The Supervisory Agency for Investment in Public Use Transport Infrastructure (OSITRAN) declared as founded the motion for reconsideration filed by APM Terminals Callao S.A. against a specific part of Article 3 of Board Resolution No. 0034-2026-CD-OSITRAN, which established the productivity factor applicable to the regulated services of the Multipurpose North Terminal (TNM) of the Port of Callao. The decision, adopted in Board Resolution No. 0049-2026-CD-OSITRAN in Lima on September 11, 2026, was published in the Official Gazette El Peruano on Wednesday, September 16, 2026, in the Legal Norms section, page 33.

With this resolution, the Board of Directors of OSITRAN, chaired by Verónica Zambrano Copello, exhausted the administrative route in favor of the concessionaire, which may freely determine the tariff structure within each basket of regulated services, provided it does not exceed the price cap established in Article 2 of the original regulation.

The productivity factor in dispute

The origin of the conflict is Board Resolution No. 0034-2026-CD-OSITRAN, approved on June 30, 2026, through which the regulator set the productivity factor for TNM services at -2.69% (minus two and 69/100 percentage points), effective from July 1, 2026, until June 30, 2031. Said resolution was based on the report “Third Ex Officio Tariff Review of the Productivity Factor in the Multipurpose North Terminal of the Port of Callao.”

The TNM is operated by APM Terminals Callao S.A. (APMT) under the Concession Contract for the Design, Construction, Financing, Conservation, and Operation of the Multipurpose North Terminal, signed on May 11, 2011, between the Peruvian State—represented by the Ministry of Transport and Communications (MTC) through the National Port Authority (APN)—and the concessionaire.

Service baskets and tariff structure

The reformulated Article 3 establishes that APM Terminals Callao S.A. may freely determine the tariff structure within each of the following baskets of regulated services, without exceeding the price cap and complying with the Concession Contract and the OSITRAN General Tariff Regulations:

• Standard Services Basket based on the vessel.
• Standard Services Basket based on container cargo.
• Standard Services Basket based on breakbulk, roll-on/roll-off, and solid bulk cargo.
• Standard Services Basket based on liquid bulk cargo.
• Standard Services Basket for passengers.
• Special Services Basket based on the vessel.
• Special Services Basket based on breakbulk, roll-on/roll-off, and bulk cargo.

Dismissed appeals and proceedings

In the same resolution, OSITRAN declared inadmissible the reconsideration appeals filed by Terminales del Perú, Marathon Petroleum Perú S.R.L., Blending S.A.C., and Petróleos del Perú – Petroperú S.A. against Resolution No. 0034-2026-CD-OSITRAN. APMT’s appeal was submitted on July 21, 2026, via Unnumbered Document (NT 2026115234), and on August 26, 2026, the concessionaire presented its position during an oral report hearing before the Board of Directors.

The decision was based on Joint Report No. 00150-2026-IC-OSITRAN, issued on September 10, 2026, by the Regulation and Economic Studies Management and the Legal Advisory Management, and was adopted during Ordinary Session of the Board of Directors No. 847-2026-CD-OSITRAN on September 9, 2026.

Impact for port users

The resolution grants the concessionaire of Callao’s main multipurpose terminal greater flexibility to rearrange its tariffs within each service basket, maintaining the regulatory price cap as the limit. This directly affects the tariff structure of Callao’s port services, with a potential impact on the costs for importers, exporters, and logistics chain users, within the context of a five-year review of the productivity factor that will govern until June 2031.

Source: Official Gazette El Peruano, No. 19522, Wednesday, September 16, 2026, Legal Norms, p. 33 (official reference: Board of Directors Resolution No. 0049-2026-CD-OSITRAN).