On 14 December, 2021, INDECOPI's Specialized Court in Bureaucratic Barrier Elimination issued Resolution No. 0697-2021/SEL-INDECOPI ("Resolution"), by which it has declared as illegal the requirement foreseen in numeral 11 of the Commitment Document for Authorization of Use of Right of Way for Infrastructure Works that acts as Annex I of Supreme Decree 037-2019-MTC, "Supreme Decree that approves the Procedure for the National Road Network's Right of Way Authorization."
The provision establishes that for the right of use for infrastructure works of roads under the PROVÍAS NACIONAL jurisdiction to be granted, the petitioners must commit to relocate their facilities and/or restructure the authorized works via written communication with PROVÍAS NACIONAL and within the time limit they set when they decided to carry out works of improvement and/or rehabilitation, widening and/or expansion or other similar works on the road.
The Resolution only declared as an illegal bureaucratic barrier the disposition's extreme position that PROVÍAS will set the time line to relocate facilities or restructure authorized works, but not the possibility of allowing PROVÍAS to request such relocation or restructuring.
From the moment of its publication, INDECOPI has declared the requirement an illegal bureaucratic barrier that is inapplicable for all economic agents and citizens who are affected by it. This includes executors who have obtained the right of way authorization prior to the publication of the Resolution and those who have just requested it.
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