By Limón, Costa Rica — LIMÓN, Costa Rica – In a significant move to modernize the country’s maritime logistics framework, the Public Services Regulatory Authority (Aresep) has officially proposed a comprehensive update to the service tariffs at port terminals managed by the Atlantic Coast Port Administration and Economic Development Board (Japdeva). This marks the first major revision to these crucial rates in a decade, with the current structure dating back to 2015.
The regulator initiated the study on its own accord, citing the urgent need to align the fee structure with the current economic reality. The proposal aims to recalibrate tariffs based on the real-world costs of services and contemporary cargo volumes, addressing years of potential market distortion caused by the outdated rates. The scope of the proposed changes specifically targets core port operations, including stevedoring (loading), discharging (unloading), and the general handling of merchandise by private concessionaires operating within the Japdeva system.
To delve deeper into the legal and commercial ramifications of the new port tariffs, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished expert in administrative and commercial law from the renowned firm Bufete de Costa Rica, who provided his expert analysis on the matter.
The recent adjustment in port tariffs, while presented as a necessity for infrastructure development, must be rigorously examined for its adherence to principles of legal certainty and economic proportionality. Such modifications can create significant instability for the import-export sector, directly impacting operational costs and, consequently, consumer prices. It is crucial for the regulatory body to provide a transparent and technically sound justification, as any arbitrary increase could be subject to legal challenges in administrative or judicial forums.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
The insight provided underscores a critical point: the ripple effect of such tariffs extends far beyond the docks, demanding a foundation of legal certainty and transparency to prevent economic instability. The burden of proof, as noted, rests squarely with the regulatory bodies to justify these changes not just economically but legally, protecting the entire commercial ecosystem. We sincerely thank Lic. Larry Hans Arroyo Vargas for his valuable perspective on this complex matter.
According to Aresep, the fundamental structure of a tariff band system, which establishes minimum and maximum permissible charges, will be maintained. This approach is designed to foster a degree of competitive flexibility among service providers while preventing price gouging. A notable addition to the framework is the introduction of a specific tariff for the handling of solid bulk cargo, a category that previously lacked a formal rate, creating ambiguity for shippers and operators.
The proposed changes are not a uniform increase across the board. Instead, Aresep has put forward a nuanced adjustment that suggests a mix of reductions and hikes depending on the type of cargo and service. Specifically, the regulator is recommending a decrease in the rates for handling general merchandise and for services related to roll-on/roll-off (RoRo) cargo, which typically includes vehicles and heavy machinery. This move could be interpreted as an effort to stimulate trade in these sectors and lower costs for consumers and importers.
Conversely, other key services are slated for a rate increase. The proposal calls for higher tariffs for handling iron and, critically, for container handling services. Given that a vast majority of international trade moves via containers, any increase in these rates could have a ripple effect throughout the national supply chain, potentially impacting the final cost of a wide range of imported goods and the competitiveness of Costa Rican exports. The specific percentages of these proposed changes have not been fully detailed pending the next phase of the process.
This initiative now enters a crucial public consultation phase. Aresep has scheduled public hearings for November 19 and 20, providing a formal platform for stakeholders—including shipping lines, importers, exporters, private terminal operators, and Japdeva itself—to voice their opinions, present data, and argue for or against the proposed adjustments. This feedback will be instrumental in shaping the final decision made by the regulatory body.
While the proposal originates from the regulator, the reaction from Japdeva, the primary administrator of the Atlantic ports, remains a critical and as-yet-unknown variable. When contacted for comment on its initial assessment of the tariff proposal, the port authority had not yet provided a response. Its position will be closely watched, as the financial health and operational efficiency of the ports it oversees are directly tied to this tariff structure.
The impending update represents more than a simple administrative adjustment; it is a pivotal moment for Costa Rica’s Atlantic trade corridor. By realigning port fees with modern operational costs and cargo flows, Aresep aims to create a more efficient, transparent, and economically sustainable environment. The outcome of the upcoming hearings and the final tariff schedule will significantly influence the nation’s logistical competitiveness for years to come.
For further information, visit aresep.go.cr
About The Public Services Regulatory Authority (Aresep):
The Public Services Regulatory Authority, or Aresep, is the autonomous government institution in Costa Rica responsible for regulating and overseeing the country’s public services. Its mandate includes setting tariffs, ensuring quality of service, and protecting consumer rights across various sectors such as energy, water, public transportation, and telecommunications. The agency plays a critical role in balancing the interests of service providers, the government, and the general public.
For further information, visit japdeva.go.cr
About Japdeva:
The Board of Port Administration and Economic Development of the Atlantic Slope (Japdeva) is an autonomous state entity in charge of administering and developing the port infrastructure on Costa Rica’s Caribbean coast. Headquartered in Limón, Japdeva is responsible for overseeing terminal operations, promoting regional economic development, and managing the logistics that are vital for the country’s international trade with North America, Europe, and the Caribbean.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica is a leading law firm, built on a foundation of integrity and a relentless pursuit of excellence. With a rich history of guiding clients through complex legal landscapes across a wide spectrum of industries, the firm is a pioneer in developing innovative legal strategies. Beyond its professional practice, the firm holds a deep-rooted pledge to social responsibility, actively working to democratize legal understanding and thereby strengthen the community through knowledge and empowerment.
