1. The Administration shall be subject, in general, to all written and unwritten norms of the administrative order, and to the supplementary private law thereof, without being able to derogate or disapply them for specific cases.
(...)" The emphasis is added.
Thus, extrapolating what was previously indicated for the case of the application of rates in the public service, it is concluded that, although the possibility of establishing rates lower than the approved maximum rates exists, once established and communicated to the users and the general public, these rates cannot be derogated or disapplied for specific cases.
In this regard, Japdeva must communicate the agreement by which the rates to be applied are determined, through appropriate means to the users and to ARESEP, as well as any change in the rates charged, at least 8 calendar days before applying the change.
The proposed maximum rates that include new services: water supply by tanker truck, Import dockage (General cargo-iron and similar and General cargo-grains and other bulk), Export dockage (General cargo-iron and similar, General cargo-sand, gravel and similar, Loading and unloading - breakbulk cargo - iron and similar, Loading and unloading - breakbulk cargo - grains and other bulk, Loading and unloading - breakbulk cargo - paper and similar, Loading and unloading - breakbulk cargo - Sand - gravel and similar), Scale, Reefer connection and disconnection, Container monitoring, Container washing, Cargo inspection area service (refrigerated and dry), Environmental compliance (Ley Marpol N°10738), Wastewater treatment, Sludge treatment, and Photography service, may only be charged by the Port Authority as the entity responsible for providing said services, and not by other natural or legal persons.
ii. Eliminate the following rates:
| Service | Unit of measure | Current maximum rate |
|---|
| Forklift service from 3.5 to 9.9 tons | Hr/Frac | 30.77 |
| Forklift service from 2 to 3.4 tons | Ton/Day | 0.77 |
| Forklift service from 3.5 to 9.9 tons | Ton/Day | 0.62 |
| Forklift service from 10 tons and over | Ton/Day | 0.69 |
| Container movement with Carrier | Mov/unit | 18.86 |
D.4.2 Comparison of the rate adjustment requested by Japdeva and that proposed in this report As indicated in previous paragraphs, the proposal presented in this report shows some differences with respect to that presented by Japdeva, so some reductions are obtained to what was requested by the Port Authority due to the following factors:
| Japdeva Request | Final Report Proposal | | --- | --- | | Transfers to rates ?19,026,470,118 million. | Transfers to rates ?15,867,041,391 million. Financial expenses, depreciation expense, and the value of assets are not recognized. The difference between the regulatory fee for the year 2024 with respect to the 2026 fee (?9,081,391) is included on a proportional basis. Indirect Central Operations costs are included in the costs of the services and not separately for a new security rate. | | The exchange rate used was 508.18 colones per dollar. | The exchange rate used is updated, considering the average of the 6 calendar months prior to the public hearing (499.99 colones per dollar). | | Different service units in some services. | The historical information provided by Japdeva to ARESEP, and which is recorded in the records of the Transport Superintendency for the years 2024 and 2025, was used. Unit data was only projected for two services because information for the year 2025 was not available, so some differences are presented with respect to those provided by Japdeva. | On the other hand, for the execution of the regulatory tasks that this Regulatory Authority must perform in compliance with the obligations established in Law 7593, related to the accounting, financial, and technical regulation and supervision of the public service (Article 6, subsection a of Law 7593), and the functions regarding the monitoring of regulated sectors (Article 17, subsections 6 and 11 of the Internal Regulations of organization and functions of the Public Services Regulatory Authority and its Deconcentrated Bodies, -RIOF), it is essential to have the operational and accounting information of this service.
In accordance with the above, Japdeva must maintain the quarterly submission of the operational statistics of the service to this Superintendency for each regulated service, as is currently established. The submission must be made no later than the 20th day of the month following the end of the corresponding quarter, in accordance with the criteria and formats that ARESEP provides for that purpose and are communicated to Japdeva. As well as it must also maintain an annual report of said statistics, no later than the last business day of April of the year following the reported period, in order to validate, contrast, and guarantee the consistency, integrity, and traceability of the information submitted in the quarterly reports.
Regarding the financial-accounting information, consistent with the treatment given to other regulated services, Japdeva must annually submit to Aresep the audited consolidated financial statements and the separately certified statements corresponding to the Port Administration and Development Administration, all no later than the last business day of the fourth month following the close of the respective fiscal year, complying with all the requirements and accounting standards established by the current national and international regulations on the preparation of financial statements.
(...)"
II.Likewise, from the report IN-0090-IT-2026 of April 17, 2026, which serves as the basis for this resolution, the summary of the positions admitted
in the public hearing and the respective responses is extracted. Said positions are indicated in the report IN-0080-DGAU-2026 (folios 187 to 189) with its additions IN-0091-DGAU-2026 (folio 225) and IN-0095-DGAU-2026 (folio 226); they are extensively noted in the public hearing act that forms part of this public file, AC-0014-DGAU-2026 (folios 190 to 220):
"(...)
E. PUBLIC HEARING E.1 ADMITTED POSITIONS POSITIONS RECEIVED IN THE VIRTUAL PUBLIC HEARING 1. Opposition: Cámara de Exportadores de Costa Rica Association CADEXCO, represented by Mr. Victor Alvaro Pérez Pérez, identity card N° 1-0935-0626. Mr. Carlos Mauricio Díaz Cantero, DIMEX identity card 119200330133, speaking at the virtual public hearing as Special Attorney-in-Fact. Submits written statement visible at folio 177.
1. Indicates that the agricultural, heavy manufacturing, and logistics service sectors operating in Limón would be the most affected by the movement of rates at the docks served by Japdeva, as they depend on the efficiency and competitiveness of Japdeva's port services.
2. The banana and pineapple sectors directly employ 81,000 people and 105,000 people indirectly.
3. Indicates that the companies Arcelor Mittal, Corporación de Desarrollo Agrícola Del Monte, DOLE, and Orsero Cosiarma, King Ocean Services and Seatrade, generate employment inside and outside the GAM and operate from Japdeva's docks.
4. Points out that the sustainability and competitiveness of exporting companies must be fundamental considerations in decision-making related to rate adjustments in port services.
5. Costa Rica's agricultural sector is exporting fewer tons in the year 2025 compared to the year 2024.
6. The increase must be gradual over time so as not to affect legal certainty and the competitiveness of Japdeva's users.
7. States that in resolution 060-RIT-2015, ARESEP approved the current rates for the stevedoring service, ordered that stevedoring companies establish a cost accounting system, and according to what is indicated in report IN-0257-IT-2025, no company has submitted information in this regard, so the requested 25.87% adjustment in the fee for stevedoring companies without having met the mentioned requirement affects the legal certainty of said companies and leaves them defenseless by increasing their rate without adequate cost accounting.
8. Any adjustment in the rates towards stevedoring companies creates conflict with the ARESEP Law regarding the technical, financial, and accounting supervision of operators and protecting the user without destroying the financial equilibrium.
9. Japdeva's rate request for navigation or vessel services generates an increase in costs exceeding 100% considering their GRT, length, and a 24-hour stay.
10. Compares the vessel or ship costs from Japdeva's rate request with those of Puerto Caldera and presents two estimates, showing in one case that the cost in Puerto Caldera would amount to $11,085.92, while in Puerto Moín, with the rates proposed by Japdeva, it would be $23,210.60. In the second case, the cost in Puerto Caldera would be $8,498.09, and with Japdeva's proposal $19,042.62, so it is necessary to carry out a detailed and transparent analysis of Japdeva's cost structure that justifies the increases.
11. The proposed tug rate increases by 166.67% and according to the rate study, it is due to the rental of an external tug, and that expense is not due to a rate insufficiency but rather the need to replace a unit that sank some years ago and should be covered by insurance. The institution should have already had the resources for the replacement of the asset, and transferring the rental cost to the new rates constitutes a duplication of charges.
12. Comparing the costs of navigation services with other ports in the region would affect competitiveness.
13. The variable charge vessel service rate presents inconsistencies between the rate requested and the result of the rate project, as the requested rate is $0.32 per GRT, and in the calculation formula it is $0.24 per GRT.
14. On page 32 of the Rate Project, Japdeva indicated that the port experienced growth of 21.32% in the GRT of vessels served between the 2023-2024 and 2024-2025 periods, so that increase should translate into greater dilution of fixed costs, optimization of available resources, and reduce the unit cost of the service.
15. The vessel stay service rate presents an inconsistency between the rate requested and the result of the rate project, as the requested rate is $2.13 per meter of length-hour, and the calculation shown in the Rate Project is $1.71 per meter of length-hour.
16. An error is detected in the service units used for the calculation, as page 62 of the project indicates that for the 2023-2024 period there were 1,068,320 and 684 vessels were served in that period.
17. Considering the stay data presented on page 23 by vessel type and making estimates, the vessels served by Japdeva would have had an average length of 68.30 meters, which is not consistent with the type of vessels operating at Japdeva, and if a realistic average length of 175 meters is considered, the resulting stay would be 15.60 hours, which also differs from the operational reality.
18. Indicates that the service units used as a basis for calculation are incorrect, which invalidates the technical justification for the proposed rate, and ARESEP must require Japdeva to provide the exact data of average length and actual stay per vessel in order to verify and correct the service units.
19. In the case of the cruise ship service (atención nave crucero) rate, the requested rate is $5864.00 and the rate study (Proyecto Tarifario) calculation indicates a cost of $8171.56, and ARESEP is urged to guarantee the application of the principle of service at cost, for which Japdeva must perform an adequate, transparent, and technically sound cost allocation.
20. Users of the Gastón Kogán terminal must not assume, through rates, the financing, operation, or maintenance of the infrastructure and services of the Hernán Garrón Terminal. This is consistent with the port specialization mandate established in the Port Master Plan (Plan Maestro Portuario) since 2008, which envisions specialized terminals with clearly differentiated cost structures and users.
21. The requested increase for towage (remolcaje) services with 1, 2, and 3 is irrational. The rate study indicates that the direct cost of the tugs is 2,459,910,121 colones, of which 1,376,050,000 colones are for the rental of a tug, representing 56% of the operating cost, and the rental cost must not be passed on to users since the need to rent a tug is due to Japdeva's administrative inefficiency.
22. Japdeva does not have the number of forklifts required to attend a reefer vessel, and when there are 2 vessels, users must rent external forklifts.
23. According to the information in the rate study, low utilization of the forklift equipment is observed.
24. The calculation for the service is $26.05/hour; however, the requested rate is $27.50 per hour.
25. Japdeva requires that external forklifts be operated by port personnel and applies $31.18/hour-operator, which generates additional income for Japdeva.
26. Japdeva indicates that the labor costs for forklifts are not segregated by type or size of forklift, and this is incorrect because it should have its cost allocation.
27. The rate for the power service for container and/or trailer refrigeration, as well as the 2 new rates, is improper because electric power is a regulated public service and cannot be resold; rather, it must be at cost. Furthermore, the cost of the service at Puerto Caldera is $0.60/hour and includes connection/disconnection and monitoring, and both ports are regulated by ARESEP. In the case of APM Terminals, the rate is $1.17/hour (maximum).
28. The rate calculation requested by Japdeva for the shipping line delay (demora de compañía naviera) service is incorrect, as it uses the cost of berthing works and docks in addition to a low number of service units, so the cost allocation must be reviewed.
29. The calculation formula for the rate requested by Japdeva for the vessel anchoring service (fondeo de embarcaciones) uses the number of vessels served annually, which is incorrect because it is a sporadic service.
30. The new environmental compliance and security (seguridad) rates are not new services, as they are activities inherent to all port services. In the case of security, it should not be billed as an independent item or complementary service, as indicated by the National Concessions Council (Consejo Nacional de Concesiones) for APM Terminals, and ARESEP resolved in 2025 to eliminate the security charge that APM Terminals applied at the request of users.
31. Japdeva is attempting to charge a rate for wastewater treatment (tratamiento de aguas residuales) and Sludge treatment, but it does not have a treatment plant, and this is currently performed by third parties that pay a fee (canon) to Japdeva.
Currently, the external operator charges $900 for 20 tons for Sludge, and Japdeva requests $1,725, while for wastewater, the operator charges $1,100 for 20 tons, and Japdeva requests $2,449.50.
32. It is the responsibility of ARESEP to ensure compliance with the constitutional principles of proportionality, reasonableness, and economic efficiency.
33. An increase in Japdeva's rates negatively impacts the development of Limón, the stability of rural employment, and the competitiveness of exports.
34. It notes that it is incongruent for ARESEP to propose an increase for the banana and fresh fruit system when exports have decreased.
35. The rate study incorporates technical and legal inconsistencies.
36. The existence of a deficit in the sale of goods and services account does not by itself demonstrate a rate insufficiency, as it may be due to other factors such as operational inefficiency.
37. The entity records financial surpluses, so a rate increase could be disproportionate, and it is advisable to incorporate into every rate file the financial statements for the immediately preceding period (2025 in this case).
38. The absence of essential documents within the file limits access to information, restricts access to public information, and prevents interested parties from knowing the technical and financial foundations of the rate application.
39. A rate increase may affect competitiveness and could be counterproductive for Japdeva by pricing its docks outside of competitive rates. Furthermore, it contravenes ARESEP's objective of harmonizing interests between users and providers, guaranteeing quality services at fair prices.
40. The largest increases are concentrated in essential services for vessel operation, such as towage, anchoring, berthing stay (estadía), and vessel services (atención a la nave), with no possibility of substitution.
41. The file does not contain market quotations to support the estimated costs for the proposed new services, which creates a gap in the technical information of the costs presented.
42. There is a lack of technical support for the information requested by the Directorate (Intendencia), and no technical studies, calculations, or supporting documentation are identified that would allow verification of the assessments indicated by the Directorate regarding the different services analyzed, which prevents verification of the traceability of the rate analysis and limits the possibility of validating the parameters used in the proposal.
43. The approximate 73% reduction in personnel should reflect a significant decrease in costs associated with remuneration and labor burdens, and this is not evidenced in the arguments presented.
44. They recommend that a proposal for a port services adaptation plan be reviewed with Japdeva, as well as a plan for complementary services such as container and vessel repair, among others, to improve attention to user needs.
45. Evaluate the socioeconomic impact on the province of Limón, considering both the employment generated by dock users and the deterrent effect that a rate increase could have on attracting Foreign Direct Investment in the region.
46. It is recommended to reinforce the requirement for stevedoring companies (estibadoras) to comply with the implementation of the cost accounting system, which guarantees the correct allocation of costs per service.
47. They recommend that any rate adjustment analysis incorporate a comparative evaluation of operational efficiency, user satisfaction, current rates, and rates proposed for access to said services.
48. They note that the constant evaluation of the service provided is an indispensable requirement to determine the coherence, reasonableness, and proportionality of any increase, guaranteeing the correspondence between the amount charged and the quality of the service.
49. The current rate for reefer cargo is 205% higher than that of Puerto Caldera.
2. Opposition: Standard Fruit Company de Costa Rica S.A. (DOLE), represented by Mr. Manrique José Kopper Ramírez, identity card number 1-0918-0285. Mr. Juan Carlos Alférez Ordoñez, identity card number 8-0142-0829, in his capacity as special legal representative, makes use of the floor at the virtual public hearing. Does not submit a written brief.
1. States that the increase application is not congruent with the reality of the port; the percentages requested herein are alien to common sense and the reality of the port market in the area.
2. The services provided by the port do not meet the users' requirements in terms of the quantity of available equipment, number of operators, availability of resources, and they randomly limit operating hours because they do not have sufficient resources to attend everything during the hours as a port should.
3. Indicates that there is a shortage of tugs, and operation in Moín is limited as they move from one port to another, adjusting them to certain areas of the maneuvers.
4. They observe that the dock fenders (defensas del muelle) are in poor condition or even missing, putting the safety of vessels at risk and causing damage to the hulls of the ships.
5. Indicates that there are few forklifts and forklift operators, which forces them to contract externally to complete their operations.
6. There is only one gantry crane (grúa pórtico) because the other crane is out of service, compromising the port's reliability in the face of technical failures.
7. Japdeva's application negatively impacts the country's competitiveness.
8. Comparing the cost of a vessel with respect to other countries such as Colombia, Honduras, and Guatemala, the cost would be exorbitant, and depending on the port, the cost ranges between 75% and 137%.
9. The exchange rate fluctuation is not an adequate justification presented by Japdeva.
3. Opposition: Asociación Cámara Nacional de Armadores y Agentes de Vapores (NAVE), represented by Mr. Helmut Dorsam Prestinary, identity card number 1-0626-0972. Mr. José Enrique Ramírez Masís, identity card number 7-0085-0049, in his capacity as special legal representative, makes use of the floor at the virtual public hearing. Submits a written brief visible on folio 178.
1. Indicates that there is an omission of verification actions regarding the fulfillment of requirements by Japdeva, because it is not possible to verify in the file whether the Administration complied with the requirements established in resolution RE-0070-IT-2023; furthermore, the file does not contain the submitted document or any certification or record from whoever analyzes or evaluates the admissibility of the rate application.
2. Notes that Article 136 of the General Public Administration Law (Ley General de la Administración Pública) determines that, while reasoning can be given by reference to "proposals, prior resolutions, or opinions," such action shall be valid to the extent that a copy of them is attached. Moreover, a call for a public hearing implies that the file must be complete, furnished with the background information required by Law, Regulations, or, in this case, ARESEP resolutions.
3. Indicates that there is not even an express record in this administrative file ET-075-2025, and it is not even confirmed regarding point b) that this information was delivered within the established deadlines, or that the form in which it was submitted complies with current accounting regulations and ARESEP provisions.
4. They question: how can the user refer to a rate increase application if the file is not complete? And in what way can a user or an association analyze, review, and/or confirm that the petition is supported by official information, timely submitted and endorsed by ARESEP, if this documentation is not publicly available, or at least referenced as to which department it was submitted to, and whether it was received in compliance with the requirements determined by ARESEP?
5. Notes that in point 2) of official communication OF-0067-IT-2025, ARESEP warned about said entity's non-compliance in delivering the required documentation and expresses concern that Japdeva must be reminded to comply with requirements that it must submit to ARESEP before the application, on the dates established in the 2023 resolution.
6. There is no record, resolution, or individually enumerated order confirming that Japdeva completed the admissibility requirements established in the regulations and prior resolutions.
7. The Admissibility Order (Auto de Admisibilidad) does not refer to the fulfillment of requirements and does not include any assessment regarding compliance or mention of where the requirement is fulfilled.
8. With official communication OF-0280-IT-2026, ARESEP attempts to salvage the procedure by requesting requirements that should already be present in the file since the filing of the application. In said communication, it refers to quarterly deliveries in accordance with the 2023 resolution, which ARESEP should have examined before the opening of the rate-setting process so that they would be available to users at the time of the public hearing.
9. They question: In what way can a user refer in a public hearing to data that has not even been verified by ARESEP? Or in what way can a user corroborate the consistency of the data with respect to information provided in the rate petition, if the reports that Japdeva must deliver quarterly or annually are not available in the file or in any public access medium?
10. Not including or incorporating into the file the quarterly reports for the years 2023, 2024, and 2025, nor the financial statements, affects the right of defense and citizen participation, which implies a serious violation of the principle of publicity.
11. Indicates that convening a public hearing with partial, incomplete, inconsistent, or omitted information cannot achieve the purpose of the public hearing. It forces the development of a blind argument, based on information that has not been reviewed or considered by ARESEP.
12. It is questionable that a resolution issued in 2023 orders the submission of information to ARESEP, which apparently is only used when there are rate increase applications, and not for carrying out oversight and supervision duties regarding the quality of the services provided, as well as for the determination of sanctions established in Article 38, subsections b), g), and h) of the ARESEP Law (Ley de la ARESEP).
13. Consults: Are these reports requested merely as a formality? Is the information analyzed and processed to contrast it with inspections?
14. It is striking that deficiencies in the quality of information are detected, and inconsistencies, errors, omissions only surface, and clarifications on that documentation are requested only when applications for new rates are generated, and there is no follow-up, verification, and timely public disclosure of that information.
15. Questions: In what way could any Users' Association request rates if there is no public indication from ARESEP regarding the documentation submitted by regulated entities for its examination, and eventually, how could it independently file the respective application? Which ARESEP department receives them? How can they be accessed? What is the internal procedure for evaluating and analyzing that documentation, and how is it made available to users for their examination, so that they may eventually use it to request new rate schedules?
16. Requests the annulment of the admissibility of the rate petition and of the public hearing process; the procedure must be reverted to the moment of the admissibility prevention so that ARESEP can verify and corroborate the fulfillment of requirements.
17. Requests that each of the documents provided by the applicant in compliance with legal, regulatory, or resolution-established requirements be placed publicly and individually.
18. Indicates that the file is not organized in an orderly, linear, chronological, and complete manner so that any user can examine it and understand which documents comprise it, when they were submitted, and whether they are complete, which violates the principles of publicity, efficiency, effectiveness, and legal certainty.
19. They indicate that just a few days before the date of the public hearing, ARESEP requested information from Japdeva, and on the date Japdeva responded, it sent a volume of information that its represented party did not have sufficient time to examine and analyze whether it complies with what was stipulated or whether it forms part of the requirements demanded by prior resolutions. Furthermore, it could not conduct a detailed assessment of the reasons justifying the petition made by Japdeva.
20. Notes that the information sent by Japdeva on March 17 via email does not include documentary support and provides a link through a "link" for downloading the files, which is not controlled by ARESEP and is modifiable by the owner, which is Japdeva.
21. Indicates that Japdeva defined that the documentation would be available until March 31, 2026, and asks: What will happen after that date? Will part of this administrative file disappear? Furthermore, it indicates that this situation is grounds for nullity of the call for a public hearing, or ARESEP would be obligated to suspend and postpone it.
22. Its represented party supports the technical arguments presented by CADEXCO regarding the rates proposed by Japdeva in the increase petition.
23. They note that ARESEP must guarantee the observance of the constitutional principles of proportionality, reasonableness, and economic efficiency.
24. A rate adjustment proposal of this magnitude, without improvement in service provision or technical support based on audited data, becomes an arbitrary act.
25. The absence of prior updates does not legitimize an automatic and excessive increase, especially when it has not been demonstrated that the proposed rates reflect real and efficient operating costs, omitting gradualness and minimizing impact on the administered party.
26. The inefficiencies and inertia of the Port Administration (in updating rates annually, if justification exists for doing so) are not a valid basis to support a rate increase claim.
27. The proposed increase for Japdeva undermines the socioeconomic development of Limón and the competitiveness of exports, contravening the goals of the National Development Plan (Plan Nacional de Desarrollo) and the OECD standards adopted by the country.
28. It is technically inconsistent for ARESEP to attempt to raise rates for the banana and fresh fruit sector when banana exports have fallen by 31% and the agricultural sector reports, at the beginning of 2026, a sustained contraction of five months according to the Monthly Index of Economic Activity (IMAE).
29. The rate study presents inconsistencies; there are structural deficiencies that make the approval of any adjustment based on file ET-075-2025 unfeasible. In this regard, a multitude of procedural defects were identified in the formation of the file, the omission of relevant information, and the incomplete nature of the documentation that should have been submitted to ARESEP prior to the formulation of the rate petition.
30. The processes of institutional reorganization and personnel reduction are internal management decisions whose financial efficiency must be resolved by the Port Administration itself, and these factors do not constitute a valid technical cause to transfer additional costs to users.
31. An operating deficit does not by itself demonstrate a rate insufficiency, as it could be a reflection of internal inefficiencies or variations in income generation.
32. The financial surplus suggests that the current revenue structure is sufficient to cover operations and generate additional resources, making the increase a disproportionate measure.
33. For a discussion and proper development of the public hearing, it would be relevant to incorporate into the file the audited financial statements for the year 2023 and the year 2025 to assess the validity and timeliness of the justifications given as the basis for the rate increase.
34. The essential documentary omission in the administrative file violates the constitutional right of access to information and due process, preventing interested users in the public hearing from knowing the real foundations of the application, limiting transparency and informed citizen participation.
35. Any resolution based on an incomplete file violates the ARESEP Law, as well as the principles of due process, right of defense, legal certainty, and protection of the legitimate interests of users/consumers of regulated public services.
36. The increase in the cost of port services raises foreign trade costs, incentivizing the diversion of cargo to competing regional terminals, and the rate increase would have a counterproductive effect even for Japdeva by pricing the docks out of the market, failing ARESEP's purpose of harmonizing the interests of providers and users with quality services at fair prices.
37. The largest increases are concentrated in essential, non-optional services for vessel operation, and the adjustment translates into a direct transfer of costs to foreign trade, with no possibility of mitigation by users.
38. The file does not incorporate quotations or market studies that support the projected costs for the new services. This omission prevents verification of the reasonableness of the base prices and creates a gap in technical information essential for the validation of the proposal.
39. An absence of technical support is observed in the assessments of the Directorate (Intendencia). The calculations and documentation that would allow auditing the traceability of the rate analysis are not identified, making objective validation of the parameters used in the proposal impossible.
40. It is not explained how an approximate 73% personnel cut generates upward pressure on rates, when it should translate into significant relief of operating costs.
41. It is imperative that ARESEP demand from Japdeva exact data on average lengths (esloras) and actual berthing stay times per vessel. These parameters determine the reliability of the study; otherwise, it would contravene the ARESEP Law by lacking sufficient technical information to support the adjustments.
42. Reproaches that there are requirements established in preceding resolutions in which the submission of annual statistical reports and audited financial statements was demanded, without evidence of oversight, follow-up, verification of service quality—elements and information significantly valuable for the real weighting of a rate increase.
43. Indicates that it is not reasonable to attempt to increase rates without reports, studies, or controls from ARESEP that directly confirm and verify the adequate provision of Japdeva's services under conditions of quality, continuity, and efficiency.
44. It is essential to formulate an auditable accounting separation between the Gastón Kogán (Moín) and Hernán Garrón (Limón) terminals.
45. The tug rental must be excluded from the calculation because it is an expense derived from administrative inefficiencies. It should be covered by the insurance and depreciation items historically charged.
46. Requests denial of the adjustment for power for reefer containers and the new connection rates because electric power is a regulated service that must be billed strictly at cost.
47. The increase of 1069.71% in the "Shipping Line Delay (Demora a Compañías Navieras)" service must be rejected because the calculation formula is erroneous, distributing costs disproportionately and transferring inefficiencies to the user.
48. The increase of 125.24% in the Anchoring service (Fondeo) is not appropriate, as it employs a methodology that distributes the cost among all vessels served when only a minimal fraction requires the service.
49. Requests that the charge for water treatment and "sludge" be declared improper, given that Japdeva does not have its own infrastructure to provide the service.
The services are provided by authorized private operators that pay a fee (canon) to Japdeva.
50. Requests that the proceeding be annulled and/or the rate increase petition be rejected due to lack of formal requirements, lack of consistency of the information, and because it is an unreasonable and disproportionate increase, lacking justification.
51. The greatest impact from the adjustment is on vessel services (servicios a la nave).
52. From the exercise conducted comparing Japdeva's proposed rates with those in effect at Puerto Caldera, Japdeva's would have a difference of more than 100%; furthermore, comparing them with other ports in the region, they would also be higher.
53. According to Japdeva's proposal, the variable port vessel service rate (atención a la nave puerto variable) is 0.24 per GRT, and it is not known where the 32 comes from.
54. If service units increase, costs should decrease, and in the case of the vessel berthing stay service, the service units must be reviewed.
55. Indicates that the passenger vessel rate draws attention; if they paid what the calculation indicates, rates could decrease for merchant ships.
56. Notes that the calculation formula for the tug considers expenses for depreciation and insurance, even though in 2021 the tug sank, and asks: what happened with the insurance that was paid? What happened with the replacement of the equipment? This is because 56% of the costs are for tug rental.
57. A tug rental cost cannot be included in a rate because it will be permanent.
58. The forklift service has been deficient for the last 7 years because Japdeva does not have them, and users must seek forklifts externally, plus Japdeva's operator, which raises costs.
59. The power service for container and trailer refrigeration is a public service and must be charged at cost. Furthermore, it notes that when comparing with Puerto Caldera, including connection, disconnection, and monitoring, if Japdeva's application is approved, it would be 370% more than Caldera. Comparing with APM, which is also charged at cost, it would also be higher; therefore, Japdeva's proposal would be the most expensive of all.
60. The stevedoring companies could not transfer the increase to users because they have not had a rate adjustment.
61. Regarding the rate for the stevedoring company delay (demora compañía estibadora) service, conducting an exercise with the service units, it believes it is incorrectly calculated, as is the rate for the anchoring service.
62. The environmental compliance rate must be reviewed, as compliance has always been met.
63. Regarding security, it tells ARESEP that a rate had already been eliminated at APM because it must be included in the other service rates.
64. Japdeva does not have a treatment plant to provide the wastewater treatment service and sludge (slosh) treatment; therefore, a third party provides it and charges less than what Japdeva proposes.
65. Japdeva charges a fee (canon) for the right of waste extraction transfer, and this is redundant if a third party provides the service.
66. The calculations for petroleum derivatives, food, and extraction do not coincide with the proposal, and it requests that ARESEP review each of the rates.
4. Opposition: Orsero Costa Rica S.R.L, represented by Mr. Claudio Ferrando, DIMEX: 138000278812. Mr. Erika Medina Aragundy DIMEX: 121800126015, in her capacity as special legal representative, makes use of the floor at the virtual public hearing. Does not submit a written brief.
1. Notes that they are part of a productive group that provides direct and indirect employment in the country.
2. Indicates that the vessel services (atención a la nave) is one of the services with the largest increase, and these are mandatory services; furthermore, the adjustment is directly transferred to the cost of foreign trade.
3. States that the complete information is not provided in the file, and the methodology cannot be validated.
4. In the progress of the review of the documentation, they see that the study is not only for new rates because it includes existing rates.
5. Indicates that there is an absence of support in several components and inconsistencies in the calculations where information exists, which prevents technically validating the rate as a whole.
6. The adjustment does not reflect efficient service costs, and they observe poorly allocated and unjustified costs.
7. Users are assuming additional costs derived from the port's operational limitations.
8. Requesting an increase without verifiable improvement and measurable efficiency breaks the relationship between rate and service.
9. Indicates that the inconsistencies in the calculations invalidate the result, and the model does not respond to real service costs.
10. Approving the adjustment affects the country's competitiveness and would set a dangerous regulatory precedent by validating rates without verifiable support.
POSITIONS SENT TO THE FILE 5. Opposition: Asociación Agencia para el Desarrollo Accesible sin Fronteras, represented by Mr. Lenin Antonio Pérez Guzman DIMEX: 155850739408. Does not make use of the floor at the public hearing. Submits a written brief visible on folio 157.
1. Requests information on the following:
a. What are the established mechanisms for civil society organizations to formally submit oppositions, observations, or joinders within file ET-075-2025?
b. Where are the technical, financial, and methodological studies supporting the rate application submitted by Japdeva available for public consultation?
c. Is the complete file available in accessible formats that allow reading through assistive technologies such as screen readers?
d. What digital accessibility mechanisms will be implemented during the virtual hearing on March 19 to guarantee the participation of persons with disabilities, including interpretation in LESCO or other support measures if they are necessary?
e. Is there a possibility of submitting the observations or positions of the interested organizations in writing beforehand so that they are formally incorporated into the case file (expediente)?
2. It indicates that for the organization it is relevant that the citizen participation processes convened by public institutions comply with the constitutional and legal principles in force.
3. It requests that the documents related to the case file (expediente) be provided in open, accessible, and reusable formats to be studied by its users, associates, and members of our board of directors who are persons with disabilities, in accordance with the principle of universal accessibility and equal access to public information.
4. Requesting the different formats is consistent with the principles established in the United Nations Convention on the Rights of Persons with Disabilities.
6. Opposition: Asociación Cámara de Industrias de Costa Rica, represented by Mr. Sergio Jose Capón Brenes, identity card No. 1-0602-0175. It does not make use of the floor in the public hearing. It submits a document visible on folio 182.
1. It indicates that the tariff schedules proposed by Japdeva incorporate very significant increases in 60% of the services, mainly those linked to vessel services and port operations, such as variable vessel services, towage, drinking water supply, vessel demurrage, and some services associated with delays or port use.
2. The proposal contemplates modifications to the tariff structure, including the elimination or consolidation of some service categories, which implies a redesign of how port services are classified and charged.
3. New tariffs are introduced for services that were not previously charged explicitly, such as aids to navigation, container monitoring, environmental components, inspections, waste treatment, and other specialized services.
4. It explains, based on the tariff request document from the file "Cost Detail and Tariff Model by Services.xlsx", the determination and allocation of costs carried out by Japdeva to the services.
5. It indicates that for some services Japdeva reuses tariffs already calculated in other sheets and uses them as a new service.
6. The proposed New Tariffs establish costs such as environmental equipment, waste treatment, security, inspection, and other items that did not exist as explicit tariffs.
7. The proposal presents methodological weaknesses, contains internal inconsistencies, lacks sufficient justification for multiple services, and proposes increases of significant magnitude without sufficient support and contravenes the principle of cost-of-service established by Ley 7593.
8. The tariff request has not been maintained as a technical, robust, and coherent approach throughout the procedure.
9. ARESEP placed on record corrections that modify the original proposal, and the presentation of a new tariff schedule and the complete model in editable format with their respective formulas was required at the same time that the hearing that was initially scheduled was cancelled.
10. The need for multiple adjustments reveals that the proposal did not reach a sufficient level of technical maturity from its origin.
11. It argues that the observations pointed out by ARESEP in the Prevention Order AP-0067-IT-2025 reflect a lack of consistency in the tariff model and a substantial weakness that prevents users from tracing the costs that support the proposed tariffs.
12. It indicates that the case file (expediente) shows requests for additional technical information requirements that reinforce that the initial information was not sufficient and that the process was developed under a scheme of unconsolidated incremental information.
13. It points out that the latest clarifications on tariffs were presented two days before the deadline for those affected to submit observations, and 12 new files were included with a new tariff schedule, which nullifies the right of effective participation of the administered parties affected by the intended tariff and violates due process.
14. The tariff procedure presents substantial defects derived from the admission of an initially incomplete request, the subsequent need for multiple information requirements, and the cancellation of a public hearing that had already been convened.
15. It indicates that the tariff proposal presents significant weaknesses in the way the model is constructed and justified, particularly regarding the use of percentage factors, the internal consistency of its results, the incorporation of structural changes, and the robustness of the service unit projections.
16. The use of percentage factors is observed as a mechanism to transfer costs to tariffs, without there being a sufficient causal justification that links these factors with the real cost structure of the service, and it is not demonstrated how these percentages reflect the real consumption of resources for the service. Such is the calculation of the vessel services variable quota and vessel anchoring service without explanation.
17. The utilization of increments or proportions applied directly to existing tariffs, or to aggregated components; its application introduces a significant degree of arbitrariness by not being anchored in a clear decomposition of costs or in verifiable operational drivers.
18. The model ceases to reflect a direct economic relationship between costs and tariffs, and comes to depend on assumptions that do not necessarily respond to real changes in operations, demand, or service efficiency.
19. Inconsistencies are observed in the tariff model, heterogeneous variations between services that share similar operational structures or use comparable resources, services with very high increases coexisting with others with no variation or with reductions without a clear technical explanation that justifies the differences.
20. The lack of internal coherence suggests that the model is not applying homogeneous cost allocation criteria or that they have not been adequately defined or documented.
21. In a regulated tariff scheme, consistency between services is essential to ensure that distortions in price signals or inequitable treatments between users are not generated.
22. It points out that the case file (expediente) incorporates modifications in the definition of services, different groupings of activities, and the creation of new tariff categories, which implies a redefinition of the costing scheme; however, the changes are not accompanied by a detailed explanation of how costs are reallocated among the new services, nor by an analysis that allows evaluating the impact of these transformations on the overall tariff structure.
23. When cost units are altered without complete modeling, there is a risk of generating implicit cost transfers between services, affecting the equity and efficiency of the tariff system. It points out as an example what was indicated in Aresep's official communication OF-1518-IT-2025 regarding the distribution of costs for the services "carga y descarga" and "carga y descarga-carga suelta," and states that there are technical tools that can indeed provide robustness: costs per equipment, infrastructure usage statistics, operational time, or another physical or operational driver.
24. It states that any weakness in the estimation of projected units has a direct impact on the tariff level. The need for additional requirements by ARESEP to support the projection methodology demonstrates that it was not initially sufficiently developed, without a clear methodological basis that incorporates historical analysis, demand trends, operational conditions, and plausible scenarios, besides the fact that projections can introduce relevant biases into the model.
25. A sensitivity analysis that allows evaluating how variations in service units affect the resulting tariffs is not observed, and the absence of this exercise limits ARESEP and the administered parties from understanding the behavior of the model and anticipating possible deviations between projected and actual revenues. It presents an example that shows a relatively moderate variation in projected units and its effect on the economic tariff of the service.
26. It indicates that small differences in service units can generate material distortions in the tariff result, and no model is evident that allows validating its projection.
27. It indicates that the use of percentage factors without a clear causal anchor, the inconsistencies in tariff variations, the incorporation of structural changes without sufficient modeling, and the weakness in the projection and analysis of service units configure a tariff model with important limitations in its technical foundation that affect the transparency of the process and influence the reasonableness of the proposed tariffs to the extent that they hinder verification of whether they reflect the costs of the service under efficient operation conditions.
28. The proposal fails to robustly demonstrate that the tariff adjustments respond to real and duly supported changes in the cost structure or in the service provision conditions, which constitutes a central element for assessing its origin in the current regulatory framework.
29. It states that in a regulatory scheme based on the principle of cost-of-service, the tariff must reflect the costs that are necessary and efficient under normal operating conditions, which implies that the process must incorporate efficiency evaluation mechanisms, historical comparisons, productivity indicators, sectoral benchmarking, or the construction of reference productive structures, and the review of the case file (expediente) does not reveal the existence of this exercise.
30. Costs are incorporated without a prior debugging or validation process that would allow identifying possible operational inefficiencies, differences in performance, or deviations from reasonable sector standards, which is relevant in a context such as the port sector, where productivity, equipment use, and operational management have a direct impact on the unit costs of the service.
31. The model does not distinguish between efficient and inefficient costs, and there is a risk that the latter may be transferred to users through the tariff, which contravenes the principle of efficiency and affects the balance between the financial sustainability of the operator and the protection of users against unjustified increases.
32. The use of a single period as the basis for the tariff calculation (2024) limits the capacity to identify efficiency patterns, operational variations, changes in productivity, or cyclical behaviors typical of port activity.
33. It is not possible to distinguish whether the observed costs respond to normal operating conditions or to atypical situations, transitory inefficiencies, or specific events of the analyzed period without a multi-year perspective.
34. The lack of historical series prevents evaluating trends of improvement or deterioration in operational management, and without temporal contrast, the model lacks a reference to determine if the costs are reasonable, efficient, or comparable to the expected performance of the service.
35. The lack of performance indicators or productivity goals within the tariff model limits the regulation's capacity to generate adequate incentives. A tariff setting that recognizes costs without evaluating efficiencies tends to perpetuate suboptimal operational structures instead of promoting improvements in service quality.
36. The tariff setting should be redirected towards an approach that incorporates efficiency criteria, either through performance indicators, comparisons with sectoral standards, or the development of a reference productive structure to ensure that the resulting tariffs reflect reasonable costs and not a transfer of inefficiencies to the user.
37. The analysis of the tariff proposal demonstrates that the support for validating the annual return on capital (5% and 15%), insurance premium (0.5%), and maintenance (2%) is insufficient as it is merely for reference. The case file (expediente) does not show how these parameters are adjusted according to the type of asset, the risk level, the intensity of use, or the operational characteristics of each service, and it is not possible to verify if the coefficients used reflect the specific conditions of each activity or if they respond to a uniform, undifferentiated application.
38. The methodological reference used does not include an adaptation exercise to Japdeva's specific context, it does not include analysis that considers local operational risk factors, the financing structure, Costa Rican market conditions, the nature of port assets, the useful life of the infrastructure, and the international reference functions as a conceptual support point without technical validation.
39. The case file (expediente) does not provide evidence of traceability to verify the value of the insurance premium in differentiated rates applicable to different assets or services, which limits the capacity to validate whether it corresponds to the exposure to the insured risk.
40. The technical foundation for the 15% profitability is not developed to allow validating why it is economically reasonable, how it was determined, or why it is consistent with the financial and risk conditions of the regulated service.
41. It states that the weaknesses detected are relevant since they affect the determination of the annual cost of assets and the tariffs, so the absence of specific, differentiated, and verifiable justification introduces a degree of discretion that weakens the technical soundness of the tariff model; furthermore, it indicates that it limits the capacity to validate the reasonableness of the tariffs proposed under the principle of cost-of-service.
42. In modern regulatory practice, ARESEP and other regulatory bodies apply methodologies for determining the cost of capital, such as the Weighted Average Cost of Capital (WACC), and the use of a fixed rate of return on capital, without a methodological development that links it to other variables, limits the capacity to verify its reasonableness and its coherence with the economic environment in which Japdeva operates.
43. The methodological difference is relevant in a context where macroeconomic, financial, and risk conditions have undergone significant changes in recent years.
44. It points out that it is essential for ARESEP not to accept the structural parameters used in the tariff model without a technical verification of their basis, consistency, and relevance; it also indicates that, prior to any eventual tariff setting, ARESEP should require Japdeva to present a formal methodology for determining the coefficients, allowing them to be clearly linked with verifiable economic, financial, and operational variables, as well as with the actual conditions of the regulated service.
45. The tariff proposal presents increases for some services without the case file (expediente) providing technical and economic justification. The increases are not accompanied by an analysis that allows understanding their effects on the service users or on the economy in general.
46. Any increase in these tariffs is directly transferred to import and export costs, affecting the cost structure of productive sectors.
47. Port costs constitute a critical component of competitiveness.
48. The Costa Rican economy has experienced processes of exchange rate appreciation and deflationary pressures in certain cost components, which has generated a loss of relative competitiveness for export sectors.
49. Significant tariff increases in key logistics services deepen the difficulties that companies face when competing in international markets.
50. The case file (expediente) does not incorporate an economic impact analysis that allows adequately measuring the consequences of the proposed adjustments; it also indicates that alternative scenarios are not considered, nor is the sensitivity of the results to variations in demand or operational efficiency analyzed.
51. From a regulatory standpoint, tariff setting must seek a balance between the financial sustainability of the operator and the protection of users, according to the Regulatory Policy of ARESEP, which establishes that regulation must promote efficiency, affordability of services, and their contribution to economic development.
52. It requests that the tariff proposal not be approved given the methodological weaknesses, internal inconsistencies, and lack of sufficient technical justification identified in the case file (expediente), considering the absence of a clear and consistent relationship between costs and tariffs in several services, the use of assumptions and factors that are not sufficiently substantiated, and the existence of disproportionate tariff increases without individualized justification.
53. It requests that ARESEP require Japdeva to comprehensively reformulate the tariff model, incorporating traceability and backing that guarantees its consistency, economic coherence, technical verification, explicitly including costs with verifiable operational drivers, the elimination of the use of percentage factors, and complete documentation with the calculations used in determining each tariff.
54. It requests that the analysis of the tariff model's sensitivity be incorporated as a rule, allowing evaluation of the robustness of the tariffs against variations in critical variables.
55. It indicates that ARESEP should require Japdeva to present a formal methodology for determining the coefficients that support the request, allowing them to be linked opportunely with economic, financial, and operational variables, as well as with the actual conditions of the regulated service.
7. Partial joinder: Jorge Sanarrucia Aragón, identity card No. 5-0302-0917, in his condition as User Counselor of ARESEP. He does not make use of the floor in the public hearing. He submits a document visible on folio 60.
1. It points out that due to the market fragmentation associated with the APM Terminals concession, Japdeva has presented important modifications in the costs associated with structural elements, legal modifications that have resulted in a reduction in the number of employees, reorganization plans, and a restructuring, which, as a result of the previous tariff analysis, generated a deficit of 803.66 million colones in the goods and services account for the year 2024.
2. The market's own characteristics have generated significant variations in the development of Japdeva's activities, which prevents making forecasts on the sale of services, generating financial uncertainty for the sustainability of port services.
3. The tariff proposal presents significant variations in the Towage, Recope Import, Stevedoring Company Royalty, Parking, Forklift service for 2 to 3.4 tons services, and mainly Shipping Company demurrage.
4. There are significant increases that imply a high tariff impact that must be assessed in detail regarding the associated costs, taking into account that these tariffs have an impact on the value chain of national industries and the country's competitiveness.
5. It recommends that the tariff modification be assessed, insofar as the costs associated with the service are reliably verified; furthermore, that the investment analysis be assessed according to interannual terms that allow diluting costs over time so that the tariff impact is lower for clients and for the services that utilize port services in their value chain.
6. Claims: That the partial joinder to the case file (expediente) be admitted, that ARESEP carry out an exhaustive and reliable review of the indicated costs so that they reflect the operational reality, and that investments be analyzed on interannual terms to dilute the tariff impact over time for the different value chains of the industries that use the services.
E.2 RESPONSES TO THE ADMITTED POSITIONS Regarding the admitted positions, a response is provided as follows:
| Response Guide Chart | | |
|---|
| Item # | Opponent/Joining Party | Response # |
| 1 | CADEXCO | 1, 3, 4, 5, 6, 7, 8, 9, 10, 13, 14, 15, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 and 31 |
| 2 | Standard Fruit Company de Costa Rica S.A. (DOLE) | 1, 5, 22, 25 |
| 3 | Asociación Cámara Nacional de Armadores y Agentes de Vapores (NAVE) | 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 14, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31 and 32 |
| 4 | Orsero Costa Rica S.R.L. | 1, 4, 5, 10 and 25 |
| 5 | Asociación Agencia para el Desarrollo Accesible sin Fronteras | 18 |
| 6 | Asociación Cámara de Industrias de Costa Rica | 1, 4, 5, 7, 12, 16 and 28 |
| 7 | Jorge Sanarrucia Aragón, User Counselor of ARESEP | 1 and 8 |
1. On the tariff adjustment As indicated in section D.2 of this report, according to the information presented in Japdeva's audited financial statements, the Port Authority presents accumulated losses exceeding ?39,000 million due to the reduction of its revenues with the start of operations of the Terminal de Contenedores Moín (TCM) in 2019. On the other hand, Japdeva began an institutional restructuring process; however, the operating revenues received do not exceed the expenses incurred in the 2024 period, such that, with the proposed tariffs, resources would be provided to Japdeva for the continuity of the service in the Limón-Moín Port Complex (CPLM), according to the available information.
In line with the above, it must also be taken into account that Article 30 of Ley 7593: Ley de la Autoridad Reguladora de los Servicios Públicos establishes that providers must submit an ordinary tariff study at least once a year, and the last tariff study presented by Japdeva before ARESEP was in 2023; furthermore, Article 29 of Ley 3091: Ley Orgánica de Japdeva (according to legal reform approved through Ley 10726), also establishes that said Port Authority must ordinarily submit, at least once a year, the formal request for tariff setting or modifications, as well as extraordinarily on the occasions that may be necessary.
Now, regarding the tariff adjustments proposed by Japdeva, which according to the opponents could be disproportionate, it is indicated that in this report, not all the costs requested by Japdeva are being recognized, nor are the tariffs for all regulated services being updated, this in accordance with what has been analyzed in the corresponding sections, given that ARESEP must, in tariff setting processes, ensure the principle of cost-of-service and financial equilibrium, which is sought with the tariff adjustment proposed for those services for which the tariff adjustment is proposed.
2. Calculations and documentation with traceability The tariff request submitted by Japdeva included Excel-format calculation files and other additional documents to support its proposal. Prior to the holding of the public hearing, the tariff case file (expediente) contained the Excel-format file called "Detail of costs and Tariff model by Services (16-03-2025" with the calculations performed by the Port Authority and the formulas used, as well as the document called "Tariff Project JAPDEVA 2025 (16-03-26)-signed" through which Japdeva substantiated its tariff proposal (folios 174 to 175), in addition to other complementary information for the corresponding analysis by the Intendencia de Transporte, therefore the opponent is incorrect in indicating that the calculations presented by Japdeva are not identified, as well as the additional documentation supporting the proposal and its traceability.
3. Tariffs for the service "Stevedoring company royalty" Regarding the tariff for the "Stevedoring company royalty" service, based on the cost allocation performed and the service units, this study is recommending adjusting the tariff for that service by -25.28%. Now, the opponents do not provide technical and financial information that supports the assessment regarding that any adjustment in tariffs towards stevedoring companies creates a conflict with the ARESEP Law regarding technically, financially, and accountingly supervising the operators and protecting the user without destroying the financial equilibrium.
4. Service quality Tariff setting processes, even when carried out ex officio, must be performed according to the conditions and criteria established in Article 31 of Ley 7593. Regarding the service quality parameters, it is important to indicate that the Regulatory Authority has carried out service quality evaluations at Japdeva port terminals since 2019, which have been based on both international best practices and the national quality standards for port services issued in 2022 by the Instituto de Normas Técnicas de Costa Rica (INTECO): for cargo (INTE G116, INTE G117, INTE G118) and for the vessel (INTE G119, INTE G120, INTE G121, INTE G122, INTE G129), which establish guidelines, specifications, and requirements to guarantee quality, safety, and efficiency in specific areas, as mechanisms to promote continuous improvement in the provision of port services.
Currently, the national standards are not mandatory, but it is important to know that ARESEP has advanced in the proposal of a conceptual framework to establish a conformity assessment scheme applicable to port services, which could be endorsed by the Ente Costarricense de Acreditación (ECA). This scheme is based on port terminals obtaining a certification where they provide evidence of continuous conformity to the requirements established in the national quality standards.
Regarding the administration of the conformity assessment scheme for port services, the responsibility corresponds to the Regulatory Authority and the Ministerio de Obras Públicas y Transportes (MOPT) through the División Marítimo-Portuaria. These entities would be responsible for evaluating compliance with the established regulations to ensure the quality and proper functioning of port services in the country.
5. On competitiveness The Regulatory Authority must, in tariff setting processes, ensure the principle of cost-of-service and financial equilibrium, which is sought with the tariff adjustment proposed for those services for which the tariff adjustment is proposed. These tariffs are defined as maximums, so that Japdeva is empowered to charge lower tariffs than those established in order to promote the port's competitiveness without risking its financial equilibrium and the continuity of the service. Regarding the specific tariffs that Japdeva may establish considering the set maximum tariffs, it must communicate with sufficient advance notice and through adequate means to the users and the Regulatory Authority.
6. On costs differentiated by port terminal Indeed, Japdeva's port costs are not separated by terminal; however, Article 14 of Ley 7593, previously cited, establishes the following in its subsection g).
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