First lawsuit against ANI for freezing toll rates – Sectors – Economy

Although the freezing of 30 toll rates of Invías and 113 of the National Infrastructure Agency (ANI) is a relief for the finances of Colombians given the high cost of living in the country, for the State it can mean a «rain of demands».

This was detected by the Office of the Attorney General of the Nation on June 2 and The first lawsuit against the ANI is already knownthat can be a precedent for several that can establish the concessions of Private Initiative (IP).

(Also read: Freezing tolls would generate a «fiscal contingency» for $13.8 billion).

This first lawsuit comes from the concession Vías del Nus, a 157.4-kilometer 4G highway between the municipalities of Bello and Maceo in the department of Antioquia. It has been in operation since December 4, 2021 and four tolls can be found along its route: Cisneros, Trapiche, Cabildo and Pandequeso.

This lease is an IP, this means that cannot receive public resources because this is prohibited by the Infrastructure Law (Law 1682 of 2013) and so far there is no legal feasibility in Colombia for the State to be able to replace the money it stops receiving due to the freezing of tolls.

Therefore, even if the National Government has ensured 500,000 million pesos in the budget improvement to make these payments, it is still uncertain how and when they will be made, since the law prevents them from giving resources to IPs and there are currently nine other concessions under this modality that will not be able to increase toll rates either.

(Also read: Despite the promise of the Government, these 39 tolls would raise their rates in 2023).

This is the main reason why the first lawsuit was filed against the ANI before the Bogotá Chamber of Commerce (although its admission is still pending), and in dialogue with EL TIEMPO, Ricardo López, manager of Vías del Nus, detailed the effects that the decision made by the Government last January has brought to the concession.

Given that updating the rates with the inflation data is necessary Otherwise, a significant financial mismatch is created each month, since the operation and maintenance of the highway requires inputs, labor, and public services that have raised their prices, even above inflation. In addition, these projects have bank loans that are also indexed to inflation.

From January to date, the financial imbalance of the Vías del Nus concession increased to approximately 14,000 million pesos and by December 2024 it could reach up to 80,000 million pesos, since, contrary to what the Government has said publicly, in Decree 050 of 2023 the toll freeze is projected for two years.

In the lawsuit, the concession proposes two solutions to solve this lawsuit. The first is that the State pays you the sum of money that you stop collecting due to the non-updating of travel fares between January 16, 2023 and December 31, 2024.

If this payment is not achieved, Ricardo López assured that they are willing to liquidate the contract, which It can cost the State 2.3 trillion pesos. «Either we look for a way to stop this now so as not to aggravate the problem, or we look for a legal way to pay or the contract is settled. The more time is allowed to pass, the more the problem will grow,» he said.

While the Government finds a way to pay them or the lawsuit is resolved, Vías del Nus is managing various alternatives to have the resources required for the road maintenance and operation.

(Also read: Papiros Toll: Colombian Chamber of Infrastructure asks to expand studies).

Among them are that the owners of the concession will have to contribute money again or renegotiate the credits with the banks. «Both things are supremely onerous because the high interest rates in colombia they would seriously harm the owners of the concession”, stated the manager.

In addition, it ensures that the current uncertainty and legal instability will hurt investors who bet on this project nine years ago, «trusted the rules and mechanisms and risked their assets. This discourages investors.»

But the banks that financed the project and that «now they are in limbo because of the problem that the non-payment of financial costs in a timely manner can bring them».

Blockade continues in Tequendama due to increase in tollsInhabitants of the area protest the increase in tolls. Dozens of drivers had to take alternate routes or spend the night in the vehicles.