24/7

Opportunities in the Ukraine

15 июля : en 310 июля : en 111 июля : en 1 всего: 510.07.19

At the moment there is a concession pilot project conforming to European norms under way for the public stevedoring companies in Olvia (formerly Oktyabrsk) and Kherson. The international Financial Corporation is funding feasibility studies for potential investors.

The studies were led by Australia-based infrastructure development advisers Castalia as a general contractor, together with MTBS Ukraine (a brand of Maritime & Transport Business Solutions and Interlegal), Tebodin Consultants and Engineers, Gide Loyrette Nouel, and Ernst & Young (EY Ukraine).

The feasibility studies and corresponding tender documents were published in May this year.

Arthur Nitsevych, a partner in Interlegal, the Kiev-based legal and business consultancy firm, points to a new draft law on concessions that is aimed at aligning local legislation with common practice in developed countries.

There are also bills to amend the Merchant Shipping Code and Law on Ports, and draft laws on inland waterways and intermodal transport, with input now coming from the European Business Association and the American Chamber of Commerce.

Nitsevych says concession rules need to be more flexible, for example allowing for the possibility to change the concessionaire company and allowing the investor to sign the agreement directly with the port authority instead of the public property control agency. Also, the environment impact assessment must be agreed by the relevant bodies prior to signing a concession agreement. This is all included in the latest draft bill passed by the relevant parliamentary committee.

Port dues, he continues, remain uncompetitive and need to come down, and for this to happen the method of calculating them needs to be simplified and more transparent. Sometimes port operators feel they are being charged more than once for the same service.

Finally, argues Nitsevych, pilotage services need to be denationalised and opened up to competition.

https://www.worldcargonews.com

Author: Arthur Nitsevych

  • Endgame or a Path to Possibilities?2019.05.24

    Ukrainian port industry is growing rapidly and the upcoming vote for concession legislation should only confirm this trend.   ...

    show more
  • Law of Ukraine on Concessions: Pros and Contras before Voting2019.04.08

    1. Who’s pushing? The acting Cabinet of Ministers led by Volodymyr Groisman initiated the draft law development in summer 2016. The EBRD...

    show more
  • A step in the right direction2018.08.27

    For years, it has been the worst-kept secret for any foreign investor that port concession tender conditions in Ukraine were often drafted t...

    show more
  • EUROPE’S HOTSPOT FOR PORT INFRASTRUCTURE INVESTMENT2018.05.03

    Until recently, investing in Ukrainian port infrastructure was considered quite risky, due to an outdated regulatory framework which reflect...

    show more
  • Law on Privatization: what about sea ports?2018.02.02

    On January 18, 2018, the Supreme Council of Ukraine adopted the Law of Ukraine “On state and public property privatization”. Which changes w...

    show more
  • Port dues in the framework of court proceedings2017.12.28

    Port dues differ in various countries and even in various ports of the same country, mainly for historical reasons. Port dues nature and amo...

    show more
  • Lease, concession and privatization of ports in Ukraine2016.11.25

    2016 year is coming to the end, while disputes concerning deadlock recovery of investments at the Ukrainian sea ports still continue. One sa...

    show more
  • Port privatization as strategic goal is a must2016.08.16

    The goal of private investment attraction into the Ukrainian sea ports is quite simple: increase of cargo handling volume. To choose the...

    show more
  • Sanctions & liability for Calling at Crimean ports: update - August 20152015.09.17

    On 27 March 2014, the UN General Assembly adopted the Resolution “On Ukraine’s Territorial Integrity” calling on Member States, internationa...

    show more
  • Sanctions & liability for Calling at Crimean ports: update2015.07.17

    It is an internationally established fact that in March 2014 Russian Federation unlawfully annexed Crimea. On 27.03.2014, UN General Assembl...

    show more