SP government signs agreement with franchisees to adjust fees in 2022

SP government signs agreement with franchisees to adjust fees in 2022

The Sao Paulo government has signed a contract with state highway concessioners to increase the toll rate by more than 10% in 2022, contrary to what the governor, Rodrigo Garcia (PSDB), promised when he announced the suspension of the amendments, on the day. June 30.

CCR (CCRO3) and Ecorodovias (ECOR3) announced Thursday evening (18), in a market press release, that they signed on Wednesday (17) the term Collective Amendment Amendment No. 02/2022 (TAM Coletivo) with the government (represented by the Ministry of Logistics and Transport ) and Artesp (São Paulo Regulatory Agency).

According to the agreement, the government has until December 16 (after the elections) to reset the fees and will have to compensate concessionaires for the July 1 tariff freeze (when they should have been adjusted by 10.72%, in contracts linked to the IGP-M, or 11.73%, linked to IPCA).

After this report was published, Artesp sent a note stating that “Contrary to what the site has published InfomoneyMaintaining the Sao Paulo state government’s guarantee that there will be no tariff adjustment in 2022.”

But before signing the Tam Colitivo agreement with the franchisees, the agency’s board of directors approved a draft agreement. An extract from the approval, published in the Official Gazette of the State of São Paulo on Monday (15), states that the tariff adjustment for the 2021-2022 fiscal year “must be made by December 16, 2022, in accordance with Clause 2.4 of the aforementioned draft TAM”.

a Infomoney The Department of Logistics (SLT) inquired and demurred when the readjustment would be. The secretariat referred questions to Artesp, which stated in a note that “the official date of the readjustment has not yet been determined”. The regulatory agency also told the report that it cannot pass a copy of the agreement with franchisees at this time.

“The freeze should remain until the end of the current year, therefore, the official date of the adjustment has not yet been determined. The SP government will reimburse the revenue not received, related to the tariff adjustment, which concessionaires are entitled to receive in bi-monthly payments, until the adjustment is made,” she said. Agency It is not yet a definition of values, which will be calculated by Artesp’s artistic areas.

Franchise contracts provided for annual fee adjustments based on inflation variance, and TAM Coletivo was the way to compensate for contract breaches. To cover the loss of revenue from franchisees, the São Paulo government has allocated R$400 million from the state budget.

joint agreement?

Artesp also denied a breach of contract, and said the suspension of the amendments was made “by the joint agreement of the franchisors and the state government.” “The readjustment of 18 of the 20 franchisees that are part of the São Paulo State Highway Franchise Program has been suspended from readjustment on 1 July. In a joint agreement between the franchisors and the state government, which established a thematic room to discuss forms of compensation. The decision was made so that there was no breach of contract.”

But the CCR released a market-related fact on July 1 criticizing the suspension of readjustments. “CCR expects the State of São Paulo to reaffirm its respect for the law and applicable concession contractsWith the aim of putting in place appropriate and immediate measures to avoid contractual imbalances. Failure to do so, franchisees will take appropriate measures to ensure that contractually stipulated rights are enforced,” the company wrote.

In a statement to the market, Ikorodovias said it would monitor the measures to be taken by the government and would analyze “the necessary measures to protect its rights and ensure compliance with concession contracts.”

CCR and Ecorodovias are among the major franchisees in the state. Ecorodovias operates the Anchieta (SP-150), Imigrantes (SP-150), Ayrton Senna (SP-060) and Carvalho Pinto (SP-070) highways.

CCR operates the Anhanguera (SP-330), Bandeirantes (SP-348), Castello Branco (SP-280), and Raposo Tavares (SP-270) highways, as well as the western section of Rodoanel (SP-21). The company also has concessions to subway lines 4 (yellow) and 5 (lilac); Line 8 (diamond) and 9 (emerald) of CPTM; and Line 15 (Golden) for the monorail in São Paulo.

Prepare

Tolls on São Paulo state highways are adjusted each year (the vast majority of which are on July 1). This year, on the eve of the adjustment, Governor Rodrigo Garcia wrote on Twitter: “I announced a while ago that there will be no adjustment of tolls on the highways in São Paulo. In the face of wildly rising prices, especially fuel, it is unimaginable to overburden Sao Paulo’s pockets. Paulo”.

García was deputy to João Doria (also of the PSD), took over the government after the Toucan’s resignation and would run in elections in October in an effort to stay ahead of Palacio dos Bandeirantes. The politician also periodically accumulated government secretary positions and was in charge of the state privilege program.

Days after Garcia announced a price freeze, SLT told Infomoney: “The Department of Logistics confirms that there will be no fee increase in 2022, as announced last week by Governor Rodrigo Garcia.” When it announced that the fees would not be adjusted this year, the Secretariat released an example of what the values ​​would be if contracts were respected:

highway current value with modification
Anhanguera (SP-330 – Pierros Square) 10.60 BRL 11.80 Brazilian Real
Anhanguera (SP-330 – Vallenhos Square) 10.50 Brazilian Real 11.70 BRL
Bandeirantes (SP-348 – Caieiras Square) 10.60 BRL 11.80 Brazilian Real
Bandeirantes (SP-348 – Sumare Square) 9.30 Brazilian Real 10.40 Brazilian Real
Anchita (SP-150 – Riacho Grande Square) 30.20 Brazilian Real 33.80 Brazilian Real
Immigrants (SP-160 – Piratininga Square) 30.20 Brazilian Real 33.80 Brazilian Real
Castelo Branco (SP-280 – Osasco Square) 4.90 Brazilian Real 5.40 Brazilian Real
Castelo Branco (SP-280 – Barueri Square) 4.90 Brazilian Real 5.40 Brazilian Real
Ayrton Senna (SP-070 – Itacoacustupa) 4.20 Brazilian Real 4.70 Brazilian Real
Ayrton Senna (SP-070 – São José dos Campos) 4.00 Brazilian Real 4.40 Brazilian Real
Rodoanel Oeste (all boxes) 2.50 Brazilian Real 2.80 Brazilian Real
Southern Rhodoanel (all squares) 3.90 Brazilian Real 4.30 Brazilian Real
East Rhodoanel (all squares) 2.90 Brazilian Real 3.30 Brazilian Real
Tamoyos Expressway (SP-099 – Jamberoo Square) 4.40 Brazilian Real 4.90 Brazilian Real
Tamoyos Expressway (SP-099 Paraibona Square) 8.50 BRL 9.40 Brazilian Real

Watch Artesp’s full stance:

Posted before the report was published: ARTESP – the state transportation agency of São Paulo – informs that readjustment of 18 of the 20 concessionaires that are part of the São Paulo State Highway Concession Program was suspended on July 1 by mutual agreement between the concessionaires and the state government, resulting in a thematic room to discuss forms Compensation The decision was made so that there is no breach of contract In addition, the TAM Coletivo subscription defines the conditions for this to occur.

The freeze is expected to last through the end of the current fiscal year, so the official date for the readjustment has not yet been set. The SP government will reimburse the revenue not received, related to the tariff adjustment, which franchisees are entitled to receive in bi-monthly payments, until the adjustment is made. There is still no definition of the values, which will be calculated by ARTESP technical areas, given the volume of traffic measured in the respective periods.

The application of the percentage – from 10.72% (IGPM) to 11.73% (IPCA), in accordance with the terms of the concession agreement – is intended to recalculate inflationary losses in the previous twelve months (from June/2021 to May/2022).”

Submit after publication of the report: “ARTESP – the transportation agency of the state of São Paulo – informs that, contrary to what was published by the Infomoney website, the state government of São Paulo ensures that tariffs will not be adjusted in 2022.

The readjustment of 18 of the 20 concessionaires that are part of the São Paulo State Highway Concession Program was suspended July 1, in a joint agreement between the concessionaires and the state government, which established a thematic room to discuss forms of compensation. . The decision was made so that there is no breach of contract.

The concessionaires will receive revenue relating to the tariff adjustment reimbursed by the state government until the date of the potential increase is determined.”


#government #signs #agreement #franchisees #adjust #fees

Leave a Comment

Your email address will not be published.