By Resolution No. 254/2026 (Official Gazette, 24 September 2026), the Energy Secretariat of the Ministry of Economy approved the maximum tariff applicable to dock use services for the loading and unloading of hydrocarbons to and from tankers provided by OTAMERICA EBYTEM S.A. at the Puerto Rosales Maritime Terminal, Province of Buenos Aires, setting it at USD 3.70 per cubic metre (m³), exclusive of value added tax (VAT).
The measure was adopted within the framework of Law No. 17,319 and Decrees Nos. 44/1991 and 115/2019, which apply to hydrocarbon transportation concessions granted prior to Law No. 27,742. This regime provides for third-party access to available capacity at the facilities on a non-discriminatory basis and empowers the Enforcement Authority to approve the maximum tariffs applicable to hydrocarbon transportation, loading and unloading services.
The concession for the Puerto Rosales Maritime Terminal facilities was previously transferred to the company now known as OTAMERICA EBYTEM S.A. and was subsequently extended for ten years, with effect from 14 November 2027. In this context, the concessionaire requested approval of the maximum tariff applicable to dock use services for the 2025–2029 five-year period.
To determine the tariff, the authority analysed the information submitted by the concessionaire, the costs associated with the operation and the investments relating to service quality and the operational safety of the terminal. The National Directorate of Transportation and Infrastructure applied a five-year cash-flow model based on the financial equivalence between projected revenues and expenditures, and used the Producer Price Index (PPI) for the 2015–2024 period to analyse the reported costs.
The approved tariff is a maximum tariff: OTAMERICA EBYTEM S.A. and shippers may freely agree on lower rates, but the concessionaire may not charge amounts exceeding USD 3.70 per m³. It must also grant access to the service to any shipper that requests it, without discrimination and on equal terms of service. Any transportation agreements entered into must be reported to the Enforcement Authority.
The tariff will remain in force for five years from the date of publication of the Resolution. In addition, at the close of each calendar year’s accounts during the 2025–2029 five-year period, OTAMERICA EBYTEM S.A. must submit a technical and accounting certification, issued by an entity with demonstrable experience, regarding the investments made in the facilities; those investments may be audited by the competent authority. The concessionaire must also report annually, during December, the tariffs actually charged to users. If, before the end of the 2025–2029 five-year period, there are significant variations in the indicators used for the calculation, it may request that the Enforcement Authority review the maximum tariff.
The Resolution entered into force on 24 September 2026.
Access the complete text of the Resolution here.
This publication does not constitute legal advice on specific matters. If necessary, you should seek specialized legal counsel.
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