APM Terminals Callao – Approval of Modification of Semi-Detailed Environmental Impact Assessment

Client Requirement: The client is the operator of the main port in Peru and is in the process of expanding and upgrading its operations as stipulated in its Concession Contract. The investments for this expansion will have a value of US$ 1.2 billion. One of the main steps to achieve this expansion was the approval of the Modification of the Semi-Detailed Environmental Impact Assessment (“M-EIAsd”), which included the improvements and potential environmental impacts of the new stages 3A and 3B of the Project. Since our client had specific dates for the start of the works of Stages 3A and 3B, it was required the approval of M-EIAsd to be ready by a certain date, which implied a need for constant advice and support. The Client required from us, quick and effective responses to achieve this goal. This was especially important considering that the Peruvian Governmental Agencies usually do not comply with legal stablished terms for administrative procedures, including the approval of the M-EIAsd. Our participation: We worked hand by hand with various areas of our client to analyse all the authorizations and studies needed before filing the M-EIAsd. This included, social, environmental, flora and fauna aspects which were very important for the project. Additionally, our client and us were very careful in order not only to comply with the environmental standards but to even go beyond the stablished by the law to develop a social and environmentally friendly project. Likewise, we have provided advice to our client to adequately respond the observations made by various Peruvian Governmental Agencies (e.g. Water National Authority, Ministry of Production, Peruvian Marine Institute) within the process of the Modification of the Semi-Detailed Environmental Impact Assessment. Client benefit: Our collaboration: (i) helped the client to achieve the approval of the Semi-Detailed Environmental Impact Assessment and (ii) provided the Client certainty on matters that are not covered clearly by the regulations (e.g., holes in the regulations). This certainty derives on the comparison work we have strategically performed and, on our skills managing similar jurisprudential cases. Our assistance was key to obtain the approval of the M-EIAsd within the terms and deadlines set forth by our client which allowed our Client to be able to start with the new stages 3A and 3B of the Project. This Project is very important for Peruvian Company and will allow the increase of exports and imports as our client terminal is one of the most important players in the region.

Matter value – include currency and amount in figures :

Not applicable

Is this a cross-border matter? If yes, please indicate the jurisdictions involved :

No

Lead partner :

José Antonio Honda

Other team members :

Ursula Wismann / Ricardo Barrantes

Other firms advising on the matter and their role(s) :

Not applicable

Date of completion or current status :

October 24, 2023