Last Reform Published DOF January 23, 2014
On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.
CARLOS SALINAS DE GORTARI, Constitutional President of the United Mexican States, to its inhabitants known:
That the H. Congress of the Union has been used to address the following
" THE CONGRESS OF THE MEXICAN UNITED STATES, DECREE:
ARTICLE 1o.- This law is of public order and observance throughout the national territory, and is intended to regulate the ports, terminals, navies port facilities, their construction, use, exploitation, operation, operation, protection and forms of administration, as well as the provision of port services.
The ports, terminals and port facilities of a military nature, destined by the Federal Executive to the Navy Secretariat for the use of the Mexican Navy, will be governed by the provisions applicable in the field.
ARTICLE 2o.- For the purposes of this law, it is understood by:
I. Secretariat: The Secretariat for Communications and Transport.
II. Port: The place of the coast or shore is enabled as such by the Federal Executive for the reception, shelter and attention of vessels, composed of the harbour enclosure and, where appropriate, by the development zone, as well as by accesses and areas of use common for inland navigation and affecting its operation; with services, terminals and facilities, public and private, for the transfer of goods and the transfer of persons between the modes of transport that it links.
III. Harbour enclosure: The federal zone delimited and determined by the Secretariat and by the Social Development in the ports, terminals and marine, that includes the areas of water and land of public domain destined to the establishment of facilities and the provision of port services.
IV. Terminal: The unit established in or out of a port, consisting of works, installations and surfaces, including its water area, which allows the full realization of the port operation to which it is intended.
V. Marina: The set of port facilities and their water or land areas, intended for the organization specializing in the provision of services to recreational or sports boats.
VI. Port facilities: Infrastructure works and buildings or superstructures, built in or out of a port, intended for the attention of vessels, the provision of port services or the construction or repair of vessels.
VII. Port services: Those provided in ports, terminals, marinas and port facilities, to cater for vessels, as well as for the transfer of cargo and transshipment of persons between vessels, land or other modes of transport.
VIII. Zone of port development: The area constituted with the land of private property or the private domain of the Federation, of the federative entities or of the municipalities, for the establishment of industrial and service facilities or of any other related to the port function and, where appropriate, for the port extension.
IX. Port Administrator: The holder of a concession for the integral port administration.
X. CUMAR: The Unified Center for Maritime and Port Protection.
XI. Maritime and Port Protection: The measures, mechanisms, actions or instruments that allow an acceptable level of risk in the ports and in the administration, operation and port services, as well as in the marine activities, in the terms establishing international treaties or conventions in which Mexico is a party to Maritime and Port Protection.
ARTICLE 3o.- Everything related to the administration, operation and port services, as well as the other related activities, will be subject to the competition of the federal powers.
It will be up to the federal courts to know of the controversies that arise in the application of this law and the administration and port operation, without prejudice to that, in the terms of the applicable legal provisions, the parties are subject to the arbitration procedure.
ARTICLE 4.- In the absence of express provision in this law or in international treaties, they shall apply:
I. The laws of Shipping and Maritime Trade, of General Communication, and General of National Goods;
II. The Trade Code, and
III. The provisions of the common legislation.
Ports, terminals, marine and port facilities
ARTICLE 5o.- It is up to the Federal Executive to enable all kinds of ports, as well as terminals for public use outside the ports, by means of a decree determining their name, geographical location and classification by navigation.
The ports and terminals of public use whose works are built under concession shall be enabled once the requirements laid down in the corresponding titles have been met.
ARTICLE 6o.- The Secretariat will authorize for navigation of height to the terminals of particular use and to the marine ones that are not part of some port, when they have the necessary facilities.
ARTICLE 7o.- The Social Development and Communications and Transport secretariats, on a proposal from the latter, will delimit and determine, by joint agreement, those goods of the public domain of the federation that will constitute the harbour enclosures of the ports, terminals and navies. Such an agreement shall be published in the Official Journal of the Federation within 30 days of the proposal of the Secretariat duly required under the terms of the applicable Regulation.
ARTICLE 8.- The Secretariat, together with the Secretariat for Social Development, will coordinate with the governments of the federal and municipal authorities, with the effect of to delimit the area of harbour development and that the zoning that the competent authorities establish in this respect is in accordance with the harbour activity.
ARTICLE 9o.- Ports and terminals are classified:
I. For your navigation in:
a) In height, when they serve vessels, persons and goods in navigation between ports or national and international points, and
b) Cabotage, when only vessels, persons and goods in navigation between ports or national points are provided.
II. For its facilities and services, enunciatively, in:
a) Commercial, when engaged, preponderantly, in the handling of goods or passengers in maritime traffic;
b) Industriales, when they are devoted, preponderantly, to the handling of goods related to industries established in the port or terminal area;
c) Fishing, when engaged, preponderantly, in the management of vessels and products specific to the capture and processing of the fishing industry, and
d) Tourist, when they are dedicated, preponderantly, to the activity of tourist and marine cruises.
ARTICLE 10.- Terminals, marinas, and port facilities are classified by their use in:
I. Public, in the case of container terminals and general cargo or there is an obligation to make them available to any applicant, and
II. Particular, when the holder is intended for his own purposes, and third parties through a contract, provided that the services and the burden of Treat them to be similar in nature to those originally authorized for the terminal.
ARTICLE 11.- The regulations of this law will establish the conditions of construction, operation and exploitation of works that integrate ports, as well as terminals, marine and port facilities, without prejudice to the specific ones to be determined in the master programs of port development, in the respective concessions, permits or contracts, in the Mexican official norms and in the rules of operation of the port.
ARTICLE 12.- The Mexican ports, in time of peace, will be open to the navigation and traffic of the vessels of all countries, but it will be possible to refuse entry when not there is reciprocity with the country of the vessel's registration or when the public interest so requires.
ARTICLE 13.- The maritime authority, by chance or force majeure, may declare, at any time, provisional or permanently closed to the specified navigation ports in order to preserve the safety of persons and property.
ARTICLE 14.- In ports, terminals and navies, they will have the status of public domain goods of the Federation:
I. The land and waters that are part of the port facilities, and
II. The works and facilities acquired or built by the federal government when they are within the port facilities.
ARTICLE 15.- The construction and operation of ports and terminals for public use are of public utility. The Federal Executive may expropriate the land and works required for such purposes.
ARTICLE 16.- The port authority is located in the Federal Executive, who will exercise it through the Secretariat, to which, without prejudice to the privileges of other dependencies of the Federal Public Administration, shall be:
I. Formulate and conduct policies and programs for the development of the national port system;
II. Encourage the participation of the social and private sectors, as well as state and municipal governments, in the exploitation of ports, terminals, marine and port facilities, as well as boosting the competitiveness of Mexican ports in their facilities, services and tariffs, in the interests of the nation;
II. Bis. Encourage that the different types of transport services that converge in national ports are interconnected efficiently;
II. Ter. Promote that services by which vessels, persons and goods are served in navigation between ports or national points, are provided efficiently;
III. Authorize particular and marine terminal height navigation, when they are not within a port;
IV. Grant the concessions, permits and authorizations referred to in this law, as well as verify their compliance and resolve their modification, renewal or revocation;
V. Determine public use areas and facilities as well as areas, terminals, or facilities that are intended for attention and service to vessels, persons and goods related to cabotage navigation;
VI. Build, establish, manage, operate and exploit works and goods in ports, terminals, marine and port facilities, as well as provide port services that have not been granted or granted permission, when required by the public interest;
VII. Authorise maritime works and dredging with observance of the applicable ecological standards;
VIII. Set, where appropriate, the tariff regulatory bases, in the event that in a given port, only one terminal, or a terminal dedicated to the attention to certain charges, or a single service provider, the Secretariat may request the intervention of the Federal Competition Commission for that purpose;
IX. Exorder Mexican official standards in port matters, verifying and certifying compliance, as well as monitoring that in Mexican ports subject to a Comprehensive Port Administration, any process of improvement, implementation of quality procedures or the provision of services, comply with the provisions of this law, its Regulations, the Federal Law on Metrology and Normalisation and official Mexican standards, in cases where they are treated expected aspects of these aspects;
X. Apply the penalties laid down in this law and its regulations;
XI. Represent the country to international organizations and intervene in the negotiations of international treaties and conventions in the field of ports, in coordination with the competent agencies;
XII. To integrate port statistics and to bring the land registry and port facilities;
XIII. Interpret this law in the administrative field, and
XIV. Exercise the other privileges expressly set by the laws and regulations.
ARTICLE 17.- On each enabled port there will be a port captaincy, which is responsible for exercising the port authority, to which it will correspond:
I. Authorize the ships ' arrivals and dispatches;
II. Watch that navigation, docking, permanence of boats and services piloting and towing at ports, are carried out under safety conditions, taking into account the requirements of the relevant technical criteria;
III. Monitor that the waterways meet the conditions of safety, depth, maritime and navigation aids;
IV. Coordinate relief and rescue work in the event of accidents or incidents of vessels and port facilities;
V. Act as an auxiliary to the public ministry, and
VI. Other than laws and regulations will trust you.
The port capitanies shall have the surveillance and inspection elements to be determined.
ARTICLE 18.- The Mexican Navy, as well as federal, state and municipal police, will assist in the preservation of the order and security of the city. port, at the request of the captaincy of the port.
ARTICLE 19.- The port capitanies, as well as customs, sanitary, migratory or any other authorities carrying out their functions within the ports, will be coordinated in the terms set out in the regulation to be issued for that purpose.
ARTICLE 19 BIS.- The CUMAR is an interagency coordination group between the Secretary of the Navy and the Secretariat, for the implementation of the Maritime and Port Protection and the effective attention of maritime and port incidents, as determined by the Secretary of the Navy.
The organization and operation of the CUMAR will be regulated in the regulation that will be issued to the effect.
ARTICLE 19 TER.- THE CUMAR will have the following functions:
I. Co-assist in the implementation of international treaties or conventions in which Mexico is a party to Maritime and Port Protection;
II. Apply the reaction provisions and measures within the framework of Chapter XI-2 of the International Convention for the Safety of Life Human in the Sea, 1974 and the Code of Protection to Ships and Port Facilities to meet the levels of maritime and port protection according to the following:
a) Protection level 1: Set minimum Maritime and Port Protection measures at all times;
b) Protection level 2: Set additional Maritime and Port Protection measures to those set out in the previous subparagraph for increasing the risk of an event that affects the Maritime and Port Protection, for a certain period, and
c) Protection level 3: Set additional specific Maritime and Port Protection measures to those set out in the previous incisures for a period of time limited, where an event affecting the Maritime and Port Protection is likely or imminent, even if the specific objective of the event could not be located;
III. Fungir as the coordinating body of the actions carried out by the authorities of the three government orders in the field of Maritime Protection and Port, and
IV. Other than other legal provisions.
Concessions and permissions
ARTICLE 20.- For the exploitation, use and use of public domain goods in ports, terminals and marinas, as well as for the construction of works on the same and for the provision of port services, it shall only be required to grant, permit or permit the Secretariat to grant in accordance with the following:
I. Concessions for comprehensive port administration;
II. Outside of the concessional areas to a comprehensive port administration;
a) Concessions on public domain goods which will also include the construction, operation and operation of terminals, marinas and port facilities, and
b) Permissions to provide port services.
III. Authorizations for marine or dredging works.
To build and use jetties, berths, bakers and other similar in the general water communication routes, outside ports, terminals and navies, require permission from the Secretariat, without prejudice to the fact that the interested parties obtain, where appropriate, the granting of the land-based federal land area to be granted by the Secretariat for the Environment and Natural Resources.
Those interested in occupying areas, building and operating terminals, marinas and port facilities or providing port services, within the concession areas comprehensive port administration, shall conclude contracts for the partial transfer of rights or the provision of services, as the case may be, in the terms provided for in this law and other applicable provisions.
The concessionaires or transferee of cruise and marine terminals, may in turn conclude with third parties, prior to the authorization of the Secretariat, contracts of use, in respect of of premises or spaces for activities related to the subject matter of the concession or contract. In no case shall such contracts exceed the terms and conditions of the main concession or contract.
The Secretariat by means of general rules may establish that the procedures for obtaining concessions, permits and authorizations of this Article are carried out through electronic means of communication.
ARTICLE 21.- The concessions referred to in section I of the previous article will only be granted to Mexican commercial companies.
Other concessions, as well as permits, will be granted to Mexican citizens and moral people.
The participation of foreign investment in port activities will be regulated by the law of the matter.
ARTICLE 22.- All concessions referred to in this law, as well as the permits provided for in the second paragraph of Article 20 of this Law, shall include the provision of port services. Therefore, no specific permission will be required for this purpose.
ARTICLE 23.- The Secretariat may grant concessions for up to 50 years, taking into account the characteristics of the projects and the investment amounts. Concessions may be extended for up to a period equal to the original period. For such purposes, the concessionaire shall submit the corresponding application for the last fifth part of the original period of validity and no later than one year before its conclusion. The Secretariat shall lay down the requirements to be met.
The Secretariat will definitively answer the requests for extension referred to in the previous paragraph, within a period of 120 calendar days from the date of presentation of the same.
ARTICLE 24.- The concessions referred to in this Chapter shall be granted by public tender, in accordance with the following:
I. The Secretariat, by itself or at the request of a party certifying its interest, shall issue the relevant public call for proposals to be submitted within a reasonable period of time in closed envelopes, which shall be open on a pre-fixed day and in presence of all participants.
In the event that the Secretariat's request is made by the Secretariat, within a period not exceeding 60 calendar days from the request, it shall issue the corresponding call or indicate the person concerned the reasons for the improvenance of the same;
II. The call will be published simultaneously in the Official Journal of the Federation, in a newspaper of broad national circulation and in another of the corresponding federal entity;
III. The basis of the contest will include the criteria with which the winner will be selected, who will take into account, as the case may be, the consideration offered by the granting of the concession, the quality of the service that is proposed, the committed investments, operating volumes, prices and rates for the user and other conditions deemed to be appropriate;
IV. One or more interested parties may participate, demonstrating their moral and economic solvency, as well as their technical, administrative and financial capacity, and comply with the requirements laid down by the bases issued by the Secretariat;
V. On the basis of the act of opening of proposals and during the period in which the proposals are examined and approved, all interested parties shall be informed of those which are discarded, and the reasons for such determination;
VI. The Secretariat, based on the comparative analysis of the accepted proposals, will issue the ruling duly founded and motivated, which will be made known to all participants.
The winning proposition will be available to participants for 10 business days after the failure has been made;
VII. Within 15 working days of the deadline indicated in the previous section, participants may be unable to comply with the Secretariat. After that time limit, the latter shall give judgment in a term not exceeding 15 working days;
VIII. Once the decision has been issued, the Secretariat, if applicable, will award the concession, and the respective title will be published in the Official Journal of the Federation at the expense of the concessionaire, and
IX. The concession shall not be awarded when the submitted proposals do not comply with the basis of the competition. In this case, the contest shall be declared desert and a new call shall be issued.
The application for the issue of public notice for the award of concessions and contracts for the partial transfer of the rights of container and cargo terminals General, may refuse, where the policies and programmes of development of the port concerned or of the national port system are affected.
Concessions on goods in the public domain of the Federation to build, operate and exploit artificial marinas or terminals of particular use, may be awarded directly to the Secretariat to the owners of the land adjacent to the land-based maritime area concerned, in accordance with the procedure laid down in the relevant regulation.
ARTICLE 25.- In the event that the extension of the concessionary surfaces of a port is requested to extend the port activities to the goods of the public domain The following shall be subject to the provisions of Article 7o. of this law.
The holder of the Secretariat may directly award the corresponding concessions only if the extension is not greater than 20% of the area originally concessioned and yes, with On the basis of comparative cost criteria, there are clear advantages that the use, exploitation and exploitation of the areas concerned will be carried out by the applicant.
ARTICLE 26.- The grant title, as the case may be, must contain, among others:
I. The legal bases and reasons for granting them;
II. The description of the goods, works and installations of the public domain that I know concession, as well as the commitments of maintenance, productivity and exploitation of the same, as well as the commitments on areas, provision of services within the port, terminals and port facilities for the attention of vessels, persons and goods related to cabotage or cabotage which require for their attention and commitments related to tariffs, costs and necessary use of the same for cabotage;
III. The commitments of dredging, navigation aids and maritime signposting;
IV. The characteristics of the provision of the port services and the determination of the areas reserved for the service to the public and for the functions of the port captain, customs, CUMAR, and other authorities;
V. The tariff regulatory bases;
VI. The port infrastructure construction, expansion and modernization programs, which will adhere to the applicable environmental protection provisions;
VII. The rights and obligations of the dealers;
VIII. The period of validity;
IX. The amount of the warranty to be granted by the dealership for compliance with your concession, in the following terms:
a) Warranty shall be displayed for an amount equal to 7% of the investment to be maintained in force during the execution of the works.
b) At the end of the execution of the works the guarantee referred to in the preceding paragraph is replaced by another, to guarantee the fulfilment of obligations, the amount of which will be equivalent to six months of the tax consideration to be paid to the federal government under the law, for the use, exploitation or exploitation of the goods concessionary public domain.
The amount of the guarantee shall be updated annually in accordance with Article 17-A of the Fiscal Code of the Federation;
X. Third-party damage insurance policies on your people or property, and those that could suffer from the constructions and facilities. In the case of marinas, facility insurance shall comprise only those that are permanently attached to the public domain property;
XI. The consideration to be covered by the federal government, and
XII. The causes of revocation.
In the concession titles for the integral port administration, the general bases will be established to be subject to their organization and operation and will be included, as part of the of the same, the corresponding master port development program.
ARTICLE 27.- The Secretariat will be able to establish in the concession titles for the integral port administration, that the operation of terminals, marine and facilities and the service provision is made through third parties.
ARTICLE 28.- The permissions and authorizations referred to in Article 20 shall be granted in terms of the regulations of this law, but in any event the decision of granting, shall be issued founded and motivated, within a period not exceeding ninety calendar days, counted from that in which the duly requested application has been submitted, except that for the The complexity of the resolution is necessary for a longer period, which may not exceed 180 calendar days.
Upon the expiry of the latter period without any decision on the application in question, the corresponding permission shall be deemed to be denied.
The permits referred to in Article 20, part II, point b, as well as the authorizations, concessions, contracts of partial transfer of rights and those contracts To conclude the Integrated Port Administrations, for the provision of services in the port, they must have insurance of civil liability and damages to third parties and they will not be able to confer rights of exclusivity, so that another u can be granted others in favour of third parties to exploit, on equal footing circumstances, number and technical characteristics of the equipment, identical or similar services.
ARTICLE 29.- The grant, permit, and authorization titles referred to in this law shall be in accordance with the provisions on economic competition.
ARTICLE 30.- The Secretariat may authorize the full assignment of the obligations and rights deriving from the concessions, provided that the concession has been in force for a period of time. not less than five years; that the transferor has fulfilled all its obligations; and that the transferee meets the same requirements as were taken into account for the granting of the respective concession.
Partial transfers of rights deriving from concessions for integral port administration may be made at any time, in accordance with the terms laid down in this law and in the title of the respective concession.
ARTICLE 31.- In no event shall the granting or permission, the rights in them conferred, the goods affected by the grant or in any way be transferred, mortgaged or in any way transferred. or their dependencies and accessories, to any government or foreign state, or to admit to them as partners of the undertaking holding such concessions or permits.
May be encumbrances in favour of third parties other than the subjects mentioned in the preceding paragraph, for a period which in no case shall comprise the last tenth of the total the time for which the concession has been granted, in the case of goods subject to reversal.
In the corresponding scriptures, it shall be stated that, at the end of the validity of the concession or in the event of revocation of the concession, the reversible goods shall become the property of the Nation.
ARTICLE 32.- Concessions will end with:
I. Expiration of the time limit set in the title or extension granted;
II. Renunciation of the holder;
V. Disappearance of the object or the purpose of the grant, and
VI. Settlement, extinction or bankruptcy if it is a moral person, or death of the dealer, if he is a natural person.
The termination of the concession does not exempt the concessionaire from the liabilities incurred during the period of the concession with the Federal Government and with third parties.
ARTICLE 33.- Concessions or permissions may be revoked for any of the following reasons:
I. Do not comply with the object, obligations or conditions of the concessions and permits in the terms and deadlines set out in them;
II. Do not exercise the rights conferred on concessions or permits for a period of more than six months;
III. Interrupt the operation or services to the public, in whole or in part, without justifiable cause;
IV. Reinfluence the application of higher rates than authorized;
V. Do not cover compensation for damages arising from the provision of services;
VI. Execute acts that prevent or tend to prevent the performance of other operators, service providers or permissioners who are entitled to it;
VII. To assign or transfer the concessions, permits or rights in them conferred, without authorization from the Secretariat, except as provided in the last paragraph of Articles 20 and 30 second paragraph of this Law;
VIII. Give in, mortgage, tax or transfer the concessions and permits, the rights in them conferred or the goods affected to them, to some government or foreign state, or to admit to them as partners of the business owner of those;
IX. Do not preserve and maintain properly licensed goods;
X. Modify or substantially alter the nature or conditions of the works or services without authorization from the Secretariat;
XI. Do not cover the federal government for the consideration that would have been established;
XII. Do not grant or not maintain in force the guarantee of compliance with the concessions or permits or the insurance policies of damages to third parties;
XIII. Failure to comply with the obligations set out in the title of the award in respect of ecological protectionand
XIV. Incompliance, in a repeated manner, with any of the obligations or conditions laid down in this law or in its regulations.
ARTICLE 34.- The revocation shall be declared administratively by the Secretariat, in accordance with the following procedure:
I. The Secretariat shall notify the holder or its legal representative, of the initiation of the procedure and of the causes that motivate it, and shall give it a period of 15 working days, counted from the date of the notification, to enforce its defenses and present the evidence supporting them, and
II. Acovers the evidence or defence elements, or after the deadline has not been submitted, the Secretariat shall give the appropriate resolution within a period not exceeding 30 working days.
ARTICLE 35.- In the event that the concession granted to an integral port manager is revoked, the rights and obligations established in the partial transfer contracts the rights of the said concession and those relating to the provision of port services by third parties, shall be assumed by the person who replaces it, without prejudice to the provisions of the last paragraph of Article 32 of this law. In order to grant, if necessary, the concession to the substitute, it will be in accordance with this law.
ARTICLE 36.- Port constructions and facilities that are executed by private individuals in public domain property shall be considered as the property of the concessionaire during the validity of the concession. At the end of this or its extension, only the works and facilities permanently attached to these goods, will pass to the domain of the Nation, free of charge and free of all charge.
The Secretariat shall establish in the title of concession that, at the end of its validity and its extension, the concessionaire shall be obliged to proceed, prior to the delivery of the property and for its own account and cost, to the demolition and removal of those works and facilities permanently attached to it that it had executed and which, by its conditions, are no longer of use to the judgment of the Secretariat.
ARTICLE 37.- The port managers, as well as the other concessionaires, will cover the Federal Government as the only consideration for the use, exploitation and exploitation of the goods of the public domain and of the concessionary services, a use whose bases and periodicity of payment will be determined in the respective concession titles taking into consideration the commercial value of said goods. In the case of integral port administrations, the economic potential of the port or group of ports and terminals and the period of the concession shall also be considered. These leverage will be set by the Secretariat of Finance and Public Credit on a proposal from the Secretariat.
The permissionaries referred to in this law will pay, as the only consideration, that which is set forth in the Federal Law of Rights.
Comprehensive port administration
ARTICLE 38.- There will be integral port administration when planning, programming, development and other acts relating to the goods and services of a port are entrusted in its entirety to a commercial company, by means of the concession for the use, exploitation and exploitation of the goods and the provision of the respective services.
In addition, the integral port administration of a preponderantly state set of terminals, facilities and ports can be entrusted by concession. within a federative entity, to a commercial company constituted by the corresponding Federal or State Government.
ARTICLE 39.- The integral port administration will be autonomous in its operational and financial management, so its governing bodies will establish its policies and regulations. internal, without further limitations than those laid down by the applicable legal and administrative provisions.
ARTICLE 40.- In addition to the rights and obligations that are established for dealers, it will be up to port managers:
I. Plan, program and execute the necessary actions for the promotion, operation and development of the port, or group of them and terminals, in order to achieve the greatest efficiency and competitiveness;
II. Use, exploit and exploit the assets of the public domain in the ports or groups of them and terminals, and administer those of the port development zone, if any;
III. Build, maintain, and manage the common port infrastructure;
IV. Build, operate and operate terminals, marine and port facilities on its own, or through third parties through a partial transfer of rights contract;
V. Provide port and related services on its own, or through third parties through the respective contract;
VI. View the delimitation of the areas and areas of the port;
VII. To formulate the rules of operation of the port, which will include, among others, the times of the port, the requirements that must be met by the providers of port services and, after the opinion of the operating committee, to submit them to the authorization of the port Secretariat;
VIII. Assign the berthing positions in the terms of the operating rules;
IX. Operate the surveillance services, as well as the control of the accesses and transit of persons, vehicles and goods in the land area of the harbour enclosure, in accordance with the rules of operation of the same and without prejudice to the faculties of the Port captain and competent authorities;
X. Perceive, in terms of the corresponding regulations and the grant title, revenue from the use of the port infrastructure, by the contracts, for the services they provide directly, as well as for the other commercial activities they carry out;
XI. Provide port statistical information, and
XII. Provide the CUMAR with the required information related to Maritime and Port Protection, as well as take into account its recommendations to maintain the levels set out in Article 19 Ter of this Law.
ARTICLE 41.- The port administrator shall be subject to a master port development program, which shall be an integral part of the concession title and shall contain:
I. The intended uses, targets, and operating modes for the different areas of the port or groups of them, as well as the justification for them, and
II. The necessary measures and forecasts to ensure an efficient exploitation of the port spaces, their future development, the facilities to receive the vessels in navigation of height and cabotage, the necessary spaces for the goods, and the port services necessary for the attention of the vessels and the provision of the cabotage services.
The master program of port development and substantial modifications to be determined in the regulation of this law, to this, will be elaborated by the harbour administrator, and authorized by the Secretariat, based on policies and programs for the development of the national port system, with a vision of twenty years, revisable every five years. The Secretariat shall issue the appropriate resolution within a maximum of 60 working days, prior to the opinions of the Secretary of the Navy as regards national security; the Environment and Natural Resources as regards the Social development in terms of urban development aspects. Such opinions shall be issued within a period of no more than 15 working days from which the Secretariat requests them, if the respective opinion has not been issued, the opinion shall be deemed to be favourable. In the case of minor modifications, the changes shall only be recorded in the Secretariat.
The Secretariat, with a view in the public interest, may modify the uses, destinations and modes of operation foreseen in the master program of port development with respect to the different areas of the port or group of them or terminals not yet used.
If such modifications cause damage or damage to the concessionaire, it shall be duly compensated.
ARTICLE 42.- For ports and terminals that have a comprehensive port administration, the government of the corresponding federative entity can constitute a consultative commission, formed with representatives of the state and municipal governments, as well as the chambers of commerce and industry of the region, the users, the transferee and the providers of port services, the port administrator and the trade unions, as well as those who, on a proposal from President, the committee will determine. The commission shall be chaired by the representative of the relevant federal entity.
ARTICLE 43.- The advisory commission will contribute to the promotion of the port and will be able to issue recommendations regarding those aspects that affect the urban activity and the ecological balance of the area, for which the harbour manager will have to inform the commission on the master program of harbour development and its modifications, as well as of the main investment projects for the expansion and modernization of the port.
The commission will be held at least once every three months and its resolutions will be taken by a majority of votes.
When the port administrator decides not to follow these recommendations, he will notify the president of the commission within 30 days, who will be able to inform the competent authorities to resolve the relevant issues.
ARTICLE 44.- The use of the goods and the provision of the port services constitute the port operation.
Port services are classified into:
I. Services to vessels to carry out their internal navigation operations, such as piloting, towing, mooring of cabs and lanchage;
The piloting service shall be governed by the Maritime Navigation and Trade Act and applicable Regulations.
II. General services to vessels, such as victualling, drinking water, fuel, communication, electricity, garbage collection or waste water disposal, and
III. Services of maneuvers for the transfer of goods or goods, such as loading, unloading, loading, storage, stowage and transport within the port.
ARTICLE 45.- In the areas of common use of ports and terminals, marine and public facilities, port services will be provided to all applicants permanently, uniformly and On a fair basis, in terms of quality, opportunity and price; and for a rigorous shift, which cannot be altered but for reasons of public interest or for reasons of priority established in the rules of operation of the port.
ARTICLE 46.- The Secretariat, based on technical, efficiency and security considerations, will determine in the concession titles in which cases, in the terminals and facilities public and common areas, all service providers should be allowed to satisfy the requirements laid down in the respective regulations and operating rules. In such cases, users will select the service provider that suits their interests.
ARTICLE 47.- When terminals and facilities of particular use have surplus capacity, the Secretariat, with a view to the public interest, may provide that the operators of the same shall provide service to the public on the terms provided for in Article 45 of this Law and under conditions that do not affect them operationally and financially.
The provision will be in place as long as the causes that gave rise to it remain.
ARTICLE 48.- The Secretariat, in exceptional cases, with a view in the public interest, may temporarily modify the uses of the ports, terminals, marinas and facilities port. In such a case, the affected person shall receive the compensation corresponding to the public use of the respective installation.
ARTICLE 49.- Port administrators, terminal operators, marine and facilities operators and port service providers will be able to carry out operations which correspond to them with their own equipment and personnel; by concluding contracts of a commercial nature with undertakings whose social object includes offering the services referred to in Article 44 (III) and having workers under their subordination and dependence on the necessary supplies for the performance of their tasks; or with other providers of port services.
ARTICLE 50.- Acts and contracts relating to port services shall be of a commercial nature. In the ports or assemblies of ports and terminals subject to the system of integral port administration, providers of port services referred to in Article 44 (III) shall be constituted as commercial companies. The relations of these with their workers will be governed by the provisions of the Federal Labor Law.
ARTICLE 51.- The contracts of partial transfer of rights and the provision of services to be held by the integral port administrators must meet the following requirements:
I. Set the necessary commitments and instruments to ensure compliance with the obligations contained in the port manager's concession title;
II. Contain the mention or transcript of the obligations entered in the concession title which relate to the subject matter of the respective contracts;
III. Attach to the port development master program;
IV. Set the term of the contracts for a period not longer than the validity of the concession, and
V. Register with the Secretariat within a maximum of five days.
The Secretariat may point out to a port administrator, within a period of not more than 60 days from the deposit of the contract for registration, that the contract does not meet the requirements set out in this Article. In this case, the contract shall not have any effect.
When the transfer contracts have been extended, the extension shall be granted provided that the holder of the respective contract is current in the performance of the contract. of their obligations. For the granting of the extension, the holder of the contract must present to the port administrator an investment and maintenance program in terms of infrastructure and equipment.
ARTICLE 52.- In the event that the failure to comply with the partial transfer contracts referred to in this law constitutes a cause for revocation of those provided for in Article 33, The Secretariat shall, in the case of the affected Party, revoke the registration of such contracts, with which they shall cease to have effect.
ARTICLE 53.- In cases where the port administrator is obliged to contract with third parties, he shall make the award by contest, in the terms that are established in the respective regulations and in the title of the concession; and select the one that offers the best conditions for the development of the port, as well as the best quality and prices for the user.
In the cases provided for in Article 46, no contest shall be required for the award of the respective contracts.
ARTICLE 54.- When those interested in operating a terminal or facility, or in providing services in the area in charge of a port administrator, request the direct award of the respective contract or the opening of the corresponding contest, the latter shall respond to the request within a period not exceeding 60 working days. In the event of non-compliance, the parties concerned may use the Secretariat to resolve the conduct.
ARTICLE 55.- The port administrator will respond to the Secretariat for the obligations set out in the respective concession title, regardless of the partial transfer of rights and the provision of services which it holds.
ARTICLE 56.- The operators of terminals, marinas and port service providers, for the fact of signing a contract with a port manager, will be (a) in order to ensure that the obligations arising from the application of the provisions of this Regulation are met, in accordance with Article 1 (1) of Regulation (European) No No 1;
ARTICLE 57.- In each port that has an integral port administration, an operating committee will be set up that will be integrated by the port administrator, the captain the port and the other authorities concerned, as well as representatives of the users, service providers and other operators of the port. It shall be chaired by the port administrator and shall be held at least once a month.
Its operation and operation will conform to an internal rules that will be included in the operating rules of the port.
ARTICLE 58.- The operation committee will issue recommendations related to:
I. The operation, operation, and schedule of the port;
IV. The allocation of berth positions;
V. Prices and rates;
VI. The conflicts between the port administration and the users and service providers in the port;
VII. The user complaints, and
VIII. The coordination to be given in the port for its efficient operation.
ARTICLE 58 BIS. The port planning will be carried out by a Planning Committee, which will be integrated by the Port Administrator who will chair it, by the Captain of Port, a representative of the Secretariat of the Environment and Natural Resources and by the transferee or providers of port services.
The Planning Committee will meet, among other issues, the port development master program and its modifications; the allocation of areas, terminals and contracts of port services to be performed by the port administrator, as well as any issues affecting the port's long-term operation.
The Planning Committee will meet at least three times a year or at any time, at the request of any of its members and their agreements will be taken by majority. of votes of those present.
ARTICLE 59.- All the acts of the dealers, permissionaries, terminal operators, marinas and port facilities and service providers, will be subject to the provisions applicable to economic competition, including cases where maximum prices and tariffs are set in accordance with the provisions of this law.
Prices and Rates
ARTICLE 60.- The Secretariat may establish in concession titles and permits the bases for tariff and price regulation for the use of certain goods in the ports, terminals, marinas and for the provision of services where there are no port options or other modes of transport that provide a reasonable competitive environment. Such regulation shall be maintained only as long as the conditions which gave rise to it remain.
The port managers, in accordance with what the Secretariat establishes in their concession titles, will be able to determine the tariff and price bases to which the operators of terminals, marinas and port facilities and service providers with whom they have concluded contracts.
ARTICLE 61.- In regulation, maximum rates and prices may be established for the use of goods or the provision of specific or joint services, as well as mechanisms of adjustment and periods of validity. This should enable the provision of services and the exploitation of goods under satisfactory conditions of quality, competitiveness and permanence.
ARTICLE 62.- When the subject to price or tariff regulation considers that the conditions set out in the previous article are not met, they may apply to the Commission Federal Competition an opinion on the matter. If the Commission finds that the conditions of competition render the regulation inappropriate in whole or in part, it shall be abolished or amended in the appropriate sense within 30 days of the issue of the decision.
ARTICLE 63.- The dealers and permissionaries will present to the Secretariat the reports with the technical, financial and statistical data regarding the compliance of their obligations, in the terms set out in the concession title or in the permit.
ARTICLE 64.- The Secretariat will verify, at any time, in ports, terminals, marinas and port facilities, due to compliance with the obligations they indicate this law, its regulations, concessions or permits and the corresponding Mexican official rules.
The Secretariat shall carry out the verification, by itself or through third parties, in the terms that this law provides and, as otherwise provided, in accordance with the provisions of the Federal Law on Metrology and Standardisation.
Infractions and sanctions
ARTICLE 65.- The Secretariat will sanction violations of this law with the following fines:
I. Failure to comply with the conditions of construction, operation and operation of the ports, terminals, marine and port facilities in accordance with the regulations, master port development program, concession title and Mexican official norms, from five thousand to two hundred thousand salaries;
II. Build, operate and operate terminals, marinas and port facilities without the respective concession, with a hundred thousand salaries;
III. Provide port services without the corresponding permit or contract, from a thousand to fifty thousand wages;
IV. Build jetties, berths, bothbakers and other similar ones without the corresponding permission, with fifteen thousand salaries;
V. Ceder fully the rights and obligations arising from the grant without the authorization of the Secretariat, with two hundred thousand salaries;
VI. Apply rates higher than those authorized, with twenty thousand salaries;
VII. Make substantial modifications to the master program of port development without authorization from the Secretariat, with a hundred thousand salaries;
VIII. Do not submit the reports referred to in Article 63 with three thousand salaries;
IX. Do not record minor modifications to the port development master program, with a thousand salaries;
X. Do not comply with the provisions of Articles 45 or 47, of a thousand to fifty thousand salaries;
XI. Do not comply with the provisions of Articles 46 or 53, with thirty thousand salaries;
XII. Do not comply with the provisions of Articles 51 or 54, of ten thousand to fifty thousand wages, and
XIII. The other violations of this law or its regulations, from one hundred to seventy thousand wages.
For the purposes of this article, the general minimum wage in force in the Federal District at the time of the infringement is understood.
In case of recidivism, a fine shall be applied for twice the quantities indicated in this article.
ARTICLE 66.- When imposing the penalties referred to in the previous article, the Secretariat shall consider:
I. The severity of the Infraction;
II. The damage caused, and
III. The recidivism.
ARTICLE 67.- That without having previously obtained a concession or permit from the Secretariat or without the respective contract of the integral port administration, exploit areas, terminals, marinas or port facilities, or provide port services, will lose to the Nation the works executed, the established facilities and all the goods, furniture and buildings, dedicated to the exploitation, without prejudice to the application of the fine as appropriate in the terms of the Article 65. Where appropriate, the Secretariat may order the works and installations to be demolished and removed on behalf of the infringer.
ARTICLE 68.- The penalties referred to in this Chapter shall apply without prejudice to the criminal liability resulting from it, nor that, where appropriate, the Secretariat revokes the grant or permission.
ARTICLE 69.- For the application of the penalties referred to in this law, the Secretariat shall notify the alleged offender of the facts of the proceedings and grant him a 15 working days to present evidence and express in writing what is at its right.
After that period, the Secretariat shall dictate the appropriate resolution, within a period not longer than 30 working days.
FIRST. This law shall enter into force on the day following its publication in the Official Journal of the Federation.
SECOND. The Law that creates the National Committee of Ports, published in the Official Journal of the Federation on December 29, 1970, is repealed.
THIRD. They are repealed:
I. Articles 172 to 183, 190, 210, 298 and 299 of the General Communication Act;
II. Articles 9o, fractions I, incisos f), g) and h), and IV; 11; 14-H; 14-I; 14-J; 17, fractions I to IV and VI; 18, fractions III, IV and VIII; 27; 33; 35; 43 to 52; 272; 273 and 274 of the Maritime Navigation and Trade Act, and
III. All provisions that are contrary to the provisions of this law.
Article 110 of the General Notice of Communication is left without effects only because of what it does to ports, terminals, marinas and port facilities, as well as to services port.
FOURTH. The concessions granted prior to the date of entry into force of this law shall continue in force until the end of their validity.
The holders of concessions in a port entrusted to an integral port administration may choose, within the original validity of their title, to be subject to the of contracts provided for in this order, but in any event shall be subject to the rules of operation authorized by the Secretariat and to the quality standards established for the administration of the port.
QUINTO. The holders of permits or authorizations in force at the date of entry into force of this law, who are complying with all obligations arising therefrom, may continue to carry out their activities in the ports, terminals or marine subject to integral port administration, for which they shall satisfy the requirements laid down in this law as to the form of operation within a period not greater than 90 days from the date on which the said port administration start its operations. Failure to do so will have no effect on such permissions or authorizations.
SIXTH. The natural or moral persons who, upon entry into force of this law, have pending applications and have covered the requirements for obtaining a concession, permit or authorization may choose, for their granting, to be subject to the provisions of the is, or is provided for in the Maritime Navigation and Trade and General Communication Laws.
SEVENTH. In order to reorganize the national harbour system in the terms established in this law, the Federal Government will be able to constitute commercial companies of majority state participation, to which the concessions are directly awarded for the comprehensive port administration.
Likewise, it will promote the constitution of commercial societies with majority participation of the governments of the federative entities, to administer the ports, terminals and public-use facilities whose influence is preponderantly state-controlled. In this case, concessions for integral port administration may also be directly granted.
The capital of the Mercantile Companies referred to in this article must initially be subscribed, in its entirety, by the federal government, by the state and municipal governments. or by the public entities of these.
EIGHTH. As long as the regulations referred to in this order are issued, the regulations, rules and other administrative provisions issued on the basis of the provisions to be repealed shall continue to be applied in so far as they are not object to the provisions of this law.
Mexico, D. F, a lo. July 1993.-Dip. Juan Ramiro Robledo Ruiz, President.-Sen. Mauricio Valdés Rodríguez, President.-Dip. Luis Moreno Bustamante, Secretary.-Sen. Gustavo Salinas Iniguez, Secretary.-Rubicas. "
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States and for their proper publication and observance, I hereby issue this Decree at the residence of the Government. Federal Executive in Mexico City, Federal District, on the twelve days of July of a thousand nine hundred and ninety-three.- Carlos Salinas de Gortari.-Heading.-The Secretary of Government, José Sponsorio González Blanco Garrido.- Heading.
TRANSIENT ITEMS OF REFORM DECREES
DECREE for which various provisions of the Ports Act are reformed, added and repealed.
Published in the Official Journal of the Federation on June 11, 2012
Single Article. The V fraction of Article 2o.; Article 10 (I); fractions II, V, VIII and IX of Article 16; fraction II of the Article 17; the first, second and third paragraphs of Article 20; fractions II, IX and X of Article 26; the first and third paragraph of Article 28; the first and second paragraphs of Article 41 (II); Article 42 and Article 54; In addition, the II Bis and II Ter fractions are added to Article 16; a new fraction III and a fourth and fifth paragraphs to Article 20; a new second paragraph to Article 24; a third paragraph to Article 51; an article 58 Bis; and paragraphs II and III of Article 58 shall be repealed, all of the Ports Act, to remain as follows:
First. This Decree shall enter into force on the day following its publication in the Official Journal of the Federation.
Second. All legal and administrative provisions that are opposed to this Decree are repealed.
Third. The Federal Executive and the Secretariat will expedite the amendments to the Ports Law Regulations and the necessary administrative provisions, respectively, which are necessary to comply with this Decree, within a period not exceeding one year, from the entry into force of this Decree.
Fourth. The Federal Executive, in order to comply with the provisions of the third paragraph of Article 25 of this Law, will publish in the Official Journal of the Federation the regulatory, administrative and technical provisions necessary to comply with the aims stated in that provision.
Fifth. The concessions, permits, and contracts for partial transfer of terminal rights and obligations granted prior to the date of entry into force of the This Decree shall continue with the use for which they were granted until the end of their validity or extension in their case.
Sixth. The Federal Executive and the Secretariat, within a period not longer than 120 working days, counted from the entry into force of this Decree, shall include in the Regulation of the Law of Ports and administrative orders, respectively, the provisions necessary for the operation and organization of the Planning Committee provided for in Article 58 Bis of this Law.
Seventh. The Secretariat, when in its judgment there are conditions and convenient for the national port system, may authorize for one time the extension the area of the terminals and port facilities for public use, which have been the subject of contracts for the partial transfer of rights, registered with the Secretariat and in force at the date of entry into force of this Decree. The surfaces may grow up to an additional docking position with a maximum length of 350 meters and their respective land surfaces. Such extensions shall be granted as long as there are at least two terminals or port facilities of the same rotation of different operators in a port.
The Federal Executive will publish in the Official Journal of the Federation the general rules for such purposes.
Mexico, D.F., at 25 April 2012.-Sen. José González Morfin, President.-Dip. Guadalupe Acosta Naranjo, President.-Sen. Renan Cleominio Zoreda Novelo, Secretary.-Dip. Mariano Quihuis Fragoso, Secretary.-Rubicas."
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request this Decree in the Federal Executive Branch, in Mexico City, Federal District, to four June of two thousand twelve.- Felipe de Jesús Calderón Hinojosa.-Rubrias.-The Secretary of the Interior, Alejandro Alfonso Poire Romero.-Heading.
DECREE that various provisions of the Organic Law of the Federal Public Administration, of the Law of Ports and of the Law of the Law of the Maritime Navigation and Trade Act.
Published in the Official Journal of the Federation on December 26, 2013
ARTICLE SECOND.- The first paragraph of Article 1 is amended; Article 26, fraction IV, and fractions X and XI are added to Article 2o.; 19 Bis and 19 Ter, and fraction XII to article 40 of the Law of Ports, to remain as follows:
FIRST.-This decree shall enter into force the day after its publication in the Official Journal of the Federation.
SECOND. The Federal Executive shall promote the issue of the necessary regulatory provisions within a period of one hundred and eighty days after the entry into force of this Decree.
THIRD. The actions to be carried out by the agencies and entities of the Federal Public Administration in order to comply with the provisions of this Decree shall be subject to the budgetary availability approved for those purposes in the Budget of the Federation's expenditures.
Mexico, D.F., at December 13, 2013.-Dip. Ricardo Anaya Cortes, President.-Sen. Raul Cervantes Andrade, President.-Dip. Javier Orozco Gómez, Secretary.-Sen. Maria Elena Barrera Tapia, Secretary.-Rubicas."
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request the present Decree in the Federal Executive Branch, in Mexico City, Federal District, to twenty-three December of two thousand thirteen.- Enrique Peña Nieto.-Heading.-The Secretary of the Interior, Miguel Angel Osorio Chong.-Heading.
DECREE for which various provisions of the Law on Maritime Navigation and Trade and the section I of Article 44 of the Law are amended and added of Ports.
Published in the Official Journal of the Federation on January 23, 2014
Item Second.- A second paragraph is added to section I of Article 44, of the Ports Act, to remain as follows:
FIRST. This Decree shall enter into force on the day following its publication in the Official Journal of the Federation.
SECOND. The services to be carried out in order to comply with the provisions of this Decree shall be carried out on the basis of the budgetary availability of the Secretariat for Communications and Transport.
Mexico, D.F., at December 13, 2013.-Dip. Ricardo Anaya Cortes, President.-Sen. Raul Cervantes Andrade, President.-Dip. Javier Orozco Gómez, Secretary.-Sen. Maria Elena Barrera Tapia, Secretary.-Rubicas."
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request the present Decree in the Federal Executive Branch, in Mexico City, Federal District, to twenty-one in January of two thousand fourteen.- Enrique Peña Nieto.-Heading.-The Secretary of the Interior, Miguel Angel Osorio Chong.-Heading.