Since the signing of decree 050 of January 15, 2023, a wave of questions has been unleashed by experts about the feasibility of paying the ‘extra’ tolls in the country. This regulation was issued in order to freeze the price in the toll rate of the National Highway Institute (Invías) and those of the National Infrastructure Agency (ANI) as a measure to combat the impact of inflation on the pocket of Colombians.
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According to María Montejo Torres, senior associate of Infrastructure and Projects of Baker McKenzie, Although this decision is guaranteed by law (Decree 87 of 2011, article 6.15), the payment of these is the concern of the concessions.
«Compensations to concessionaires occur as provided in each contract, the State would comply with its contractual obligations and this would send a message of security and legal stability to investors,» said Montejo.
Otherwise, “a chain effect would occur that would affect concessionaires, contractors, employees and financiers, as well as a possible avalanche of lawsuits against the Colombian State. The viability of future infrastructure projects in the country would even be put at stake”, indicates the associate.
These resources according to transport ministry They are worth 500,000 million pesos and according to the Ministry of Finance for 800,000 million, which will come from the budget increase in 2023.
To calculate the amount, the AND ME, The concessionaire and the controller of the contract must calculate the difference between the expected collection and the collection obtained after the affectation of the rates on a quarterly basis.
«This calculation must be recorded in a signed act within 5 days after the end of each quarter, and the difference is recognized with the compensation mechanisms indicated above,» says the Baker McKenzie expert.
It is worth clarifying that according to Colombian Chamber of Infrastructure (CCI)this value to be paid by the State would be greater than one trillion pesos.
