The Combined Chamber of the Courtroom of Appeals of Escuintla granted this Friday, June 28, a provisional safety to keep away from the collapse of operations at APM Terminals, in Puerto Quetzal, as a result of annulment of the onerous usufruct contract, which was confirmed by the Fifth Chamber of the Courtroom of Administrative Litigation.
The safety was granted to the Coordinating Committee of Agricultural, Business, Industrial and Monetary Associations (Cacif) and establishes that the operations of mentioned container terminal should be assured.
“We take into account it advisable to grant provisional safety with the intention to assure human rights and ensures of constitutional order and forestall the violation or impairment of the important rights of Guatemalan residents,” the Chamber particulars in its decision.
He provides that after finding out the unique file, the magistrates decreed “that the Quetzal Port Firm, urgently, respecting the nullity of the Usufruct Contract concluded between the Quetzal Port Firm and the entity APM Terminals Quetzal, Sociedad Anónima (…) declared inside of the File heard by the Fifth Chamber of the Administrative Litigation Courtroom.”
It provides that “all inter-institutional actions and coordination which can be acceptable and related throughout the current authorized framework should be carried out to ensure the whole and uninterrupted operation of the Specialised Container Terminal in Puerto Quetzal, strictly respecting the Constitutional, authorized and regulatory necessities which can be relevant to keep up the operation of the specialised Container Terminal that till this date is answerable for the entity APM Terminals Quetzal, Sociedad Anónima.”
Within the decision, the Chamber particulars that the Ministry of Nationwide Protection and the Superintendency of Tax Administration should be “commanded to urgently full the mandatory permits and authorizations required by the Quetzal Port Firm to keep away from a logistical collapse, in a constant and constant method. coordinated with the establishments which can be linked to mentioned actions by authorized provision.”
Cacif is pronounced
Carmen María Torrebiarte de Amador, president of CACIF, mentioned that the provisional safety offers peace of thoughts to the enterprise sector, guaranteeing that operations at APM Terminals won’t collapse.
“The provisional safety requested that the operation of the terminal be maintained and with that it’s ensured that it continues working and a logistical collapse is prevented,” Torrebiarte mentioned.
He added that now the steps to observe should be outlined with the intention to “set up a clear worldwide bidding course of, to present long-term continuity to the mannequin.”
He added that the decision offers them peace of thoughts as a result of it ensures that the service is maintained.
“The subsequent step is for me to inform the events concerned and EPQ should discover a solution to work with the container terminal. It’s the area for the foundations to be quickly outlined, EPQ should generate the corresponding contracts after which launch the worldwide tender. “It’s the authorized framework to have the ability to perform the whole transition course of in an orderly method for the good thing about the nation,” he added.
Concerning a particular proposal, Torrebiarte mentioned that they are going to monitor till the bidding guidelines are lifted, to ensure that all the things is completed with transparency. “Now we have spoken with totally different authorities entities to make them see the significance of not affecting the operation of the terminal,” commented Torrebiarte, who added that what is meant is to ensure good, agile and efficient service.
CIG endorses decision
For its half, the Guatemalan Chamber of Trade (CIG) described the safety granted to Cacif as constructive, since, in keeping with a press release, the Specialised Container Terminal in Puerto Quetzal handles greater than 60% of the cargo that strikes via the Pacific ports.
“This decision offers authorized certainty to the method, permitting the continuity of the terminal’s operation and paving the best way for the inter-institutional actions and coordination required for an orderly transition,” the CIG mentioned.
The assertion added that “on this transition interval, it’s crucial {that a} clear worldwide bidding course of be carried out for the operation of the port, in order that the actors who’ve the expertise, agility and effectivity to take action can take part, for the good thing about bettering Guatemala’s competitiveness.”
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