On October 14, 2026, the Ministry of Transport issued Decree 1529 of 2026, which modifies the regime for port concessions, developing the National Port Policy adopted in CONPES 4118 of 2023 (Decree 2125 of 2023).

Object and scope. The decree amends the procedure for granting port concessions, temporary authorizations and modifications of concession contracts over public-use assets for port activities (including industrial fishing activities), as well as their execution, investments and reversion. It applies nationwide to port companies, holders of licenses for docks and piers, and the public entities involved. The granting authorities remain the National Infrastructure Agency (ANI), Cormagdalena and the Government of San Andrés, Providencia and Santa Catalina, within their jurisdictions.

Rationale. According to its recitals, the previous rules were designed for a different institutional, technological and economic context and had limitations in addressing the technical, financial, environmental and territorial complexity of modern port projects. The Superintendence of Industry and Commerce issued a competition advocacy opinion, highlighting as pro-competitive measures the creation of the RUCOP, the publication of evaluation reports and the possibility for third parties to submit alternative proposals in substantial contract modifications.

1. Single Registry of Port Concessions (RUCOP). A database administered by the Ministry of Transport will consolidate information on concessions for ports, docks and piers, from the application through execution, modification, termination, reversion and liquidation. Financial models and classified or reserved information (tariffs, demand projections, cost structures) remain confidential under Law 1712 of 2014. Until the RUCOP is operational, filings will be made only before the granting entity.
    
2. Application requirements and connectivity plan. The technical study must include georeferenced plans under IGAC standards and a connectivity plan with land, rail and/or river routes. Investments in access roads and connectivity infrastructure may be included in the investment plan even if executed outside the concession areas, and must be considered in the financial structuring and the concession term.
    
3. Strategic environmental and social investments. The investment plan may include voluntary investments exceeding legal requirements, such as decarbonization and shore power, climate resilience, biodiversity, circular economy, ESG systems and hydrogen and low-carbon fuel infrastructure, as well as social infrastructure, social-impact docks, capacity building, productive projects and public health. These investments will receive a higher score in the evaluation of applications and alternative proposals. Obligations derived from environmental licenses or prior consultation agreements do not qualify.
    
4. Private Adjacent Service Zones. Applicants may, at their sole discretion, incorporate privately owned land of the Adjacent Service Zone into the investment plan, providing an appraisal. Only in that case will such land be subject to reversion and become fiscal property. Non-incorporation is not grounds for rejection.
    
5. Third-party intervention and evaluation. Oppositions and alternative proposals must be filed within two months after the last notice of intent. Alternative proposals require a guarantee of 3% of their own investment plan value, with a two-year term. The granting entity will publish the evaluation report with five business days for comments. In case of a tie, the original applicant is preferred and, if outscored, it may match or improve the best alternative proposal once, within 15 business days. The decision must be issued within five months after the application.
    
6. Residual value of unrecovered investments. Once at least 70% of the concession term has elapsed, the concessionaire may submit new investments that cannot be recovered within the remaining term for approval. The residual value may be recognized in the new investment plan of the same concessionaire or paid by the new concession holder, without conditions regarding its usefulness for the new project. The approved value will be published in the RUCOP before the term for alternative proposals begins.
    
7. Substantial modification of contracts. The procedure includes a notice of intent, communication to determined interested third parties, oppositions and alternative proposals over the same zones, a public hearing and scoring rules equivalent to those of new applications. If an alternative proposal is approved, the current contract continues until its expiration. Non-substantial modifications follow a simplified procedure.
    
8. Reversion. Constructions and equipment in public-use zones and fiscal Adjacent Service Zones revert to the Nation free of charge and in good condition. The parties may agree on the substitution, economic compensation, sale or scrapping of assets. The Ministry of Transport will issue a mandatory reversion manual.
    
9. Regulation, transition and effectiveness. The Ministry of Transport must issue the implementing resolutions within six months. Pending applications will continue under the rules in force when filed, but those that have not held the public hearing must adjust to the decree in the remaining stages. The decree enters into force the day after its publication in the Official Gazette.