TRANSPORTATION
INDUSTRY
JORGE ASECIO
F.
I. INTRODUCTION
This chapter
covers solely maritime, harbor, air and railroad transportation,while highway,
cargo, passenger, urban and suburban transportation is notincluded here given
the broadness of the subject and a tradition of privateparticipation for such
services.
With the
emergence of the military government and particularly as of1975, the development
strategy launched in Chile required a transport systemcapable of facilitating
the achievement of economic objectives both domesticallyand on the international
level. Given Chile's geographical location andits relative distance from the
world's key markets, the debate over internationaltransportation was of particular
relevance.
No doubt,
the majority of the modifications implemented in the area oftransportation were
radical -- particularly those dealing with Chile's portsystem. Nonetheless,
it is important to note that, in some cases, certainsegments of the modernization
plan were not fully implemented, as was thecase of with the privatization of
the operations of port facilities andrailroads. This failure to privatize may
have a specific impact on theseindustries in the future given that they have
reached operational levelswhere it is impossible to expect increased productivity
solely through normativechanges. Today, the challenge is to engage in large-scale
investments (whichthe private sector is capable of) and establish a legal framework
underwhich these investments can flourish.
Special
consideration should be given to modernization of the ports which,although partial,
has made it possible to save important quantities of resources.It is important
to note that in 1973, Chilean ports were so crowded, thatships had to pay between
60,000 and 80,000 dollars in demurrage. Moreover,consideration was given to
building new berths in the Valparaiso - San Antoniocorridor to abate the chronic
overcrowding ("bunching"). Nevertheless,with the implementation of
the reforms, said ports are today in a positionto move more cargo with fewer
berths than those available in 1973 (the earthquakeof 1985 partially or completely
destroyed several moorings). In addition,in the case of some products, savings
equal to moving Chilean ports significantlycloser to the destination of certain
types of merchandise is achieved byfacilitating departure from domestic ports
(typical distances for wood areover 10,500 kilometers whereas Chilean fruit
products frequently travelsome 3,500 kilometers).
The success
of the changes implemented in Chile's ports, both in termsof labor relations
and the operation of the state-run port company, wasmade possible thanks to
the compensation granted to the workers who hada monopoly over the port activities.
As a result, a setting was preparedin which the private sector would take responsibility
for port operationsand actions by the government-owned port company would be
strongly restricted.
In terms of sea, air transport and port operations, the modificationsintroduced into the legal framework sought to establish an essentially competitivesystem and open the system to the participation of the private sector ineach field of transportation services. Special emphasis should be placedon the application of the principle of reciprocity in international transport(air and maritime), which served as the foundation upon which the juridicalframework for area was built. Moreover, it is important to note that initially,in these two cases, the legal modifications introduced were much more rigorousthan those in force today. In any case, one could say that, on balance,the institutional regulations instituted in each sector safeguarded a highlycompetitive system while providing tools through which Chilean companiescould consistenly compete with foreign enterprises in the fields of maritimeand air transport.
In the development
process of the air transport sector, the lack of businessgroups charged with
administering existing facilities was evident. Moreover,these facilities continue
to be managed by the Central Government througha semi-decentralized institution
which answers to the Chilean Air Force.
Important
aspects of the modifications introduced as of 1975 were theprivatization process
(still unfinished) and the dissolution of firms thatwere state-owned (or nationalized
during the Popular Unity government).This process made it possible for the private
sector to play a decisiverole in providing transportation services, either through
privatized companiesin some cases, or by creating new companies. In addition
to the necessaryjuridical framework, assurances needed to be provided to private
investorsthat the Government, through its companies, would not compete disloyallywith
them, as had been a tradition in Chile in recent decades.
Progress
was also made in the railroad industry, where efforts were undertakento "rationalize"
organizational structures, focus the state-runcompany's activities (on those
most appropriate for such an entity) andseek to identify areas where the firm
had comparative advantages. Furthermore,the private sector was introduced --
however incipiently -- into the areaof railways, particularly insofar as maintenance,
equipment repair and infrastructurewere concerned. Unlike other transportation
industries, no modificationsto the legal framework governing the industry were
introduced in order toachieve the goals which had been set. This may well be
why the efforts to"rationalize" the firm were relatively successful
while the effortsto project an efficient enterprise, with significant private
participation(either directly or through railroad operation companies) was less
productive.
Lastly,
we should note that one of the most important limitations theauthor confronted
in preparing this study was the lack of quantitative andqualitative statistical
information dealing with the aforementioned objectives.
II. AIR
INDUSTRY
The origin
of commercial domestic air transport dates back to March 5,1929, when the president
of the country, General Carlos Ibañez delCampo signed the deed that inaugurated
the Santiago-Arica Mail Airline.Three years later, Decree-Law 247 was passed
creating the National Air Line(Lan Chile). Commander Arturo Merino Benitez,
the project's true architect,served as the company's first Vice President.
In addition,
a Civil Aeronautical Board (Junta de Aeronautica Civil,JAC) was created at the
initiative of the Chilean Air Force. Thus, on October30, 1941, the Air Counsel,
led by Arturo Merino Benitez (who by that timehad been promoted to the rank
of General), recommended the creation of acivil organism, charged with organizing,
developing and controlling civilianair services. This proposal materialized
in 1948 through decree-law No.42. The JAC served an exclusively administrative
role through 1953, at whichpoint it placed under the jurisdiction of the Ministry
of Defense.
As of 1953,
the JAC was empowered to authorize domestic traffic services,so long as Lan
Chile was consulted in advance. As one can imagine, fromthis date Lan Chile
enjoyed a privileged position that far outstripped thatof any other service.
This situation was not rectified until 1978, whenjustifys to domestic traffic
service were granted to all Chilean domesticcompanies. Furthermore, in 1979,
traffic within Chile was deregulated andforeign operators were authorized to
compete on domestic routes (such concessionswere based upon reciprocity justifys).
In any case,
Statutory Decree 241 of 1960 established the responsibilitiesand attributes
of the Civil Aeronautics Board, tasking the organizationwith the following:
- Direct Chile's commercial aviation.
- Develop a general plan for airports, airfields and installations inan effort to facilitate and protect air navigation.
- Distribute and allocate, in accordance with the plan mentioned above,the resources required for the construction, maintenance and modificationof airports and airfields.
- Inform the Ministry of Defense regarding fees and duties to be chargedfor the use of airports and airfields.
- Authorize the establishment of air transport services within Chile'sair space.
- Regulate traffic capacity and approve the frequency of flights of commercialair navigation services.
- Formulate
proposals on rates for air transport for review by the nation'sPresident.
The legislation passed in 1960 also called for the administrative oversightof the JAC to be transferred to the Ministry of Economics, Development andReconstruction, through the Under Secretariat of Transportation. Subsequently,law 16,723 of 1967 shifted responsibility for both the Under Secretariatand the JAC to the Ministry of Public Works which was to be known as theMinistry of Public Works and Transportation. In 1974, a separate Ministrywas created to handle transportation issues (decree law 557) and the activitiesperformed by the Under Secretariat and the JAC were shifted to the domainof the newly-formed Ministry of Transportation.
One of the
JAC's primary responsibilities is to define and seek to ensureproper implementation
of Chile's domestic air traffic policies. Thus, asof its creation, two periods
can be identified: the first, from 1948 to1979, was characterized by ample powers
for regulating the commercial airmarket; while the second, dating from 1979
to the present, has been characterizedby a restricting of the powers granted
to the JAC as increased regulatoryresponsibility has been granted to the marketplace
on the basis of supplyand demand.
In terms
of international services, from 1948 to 1964 the only internationalroute handled
by Lan Chile ran between Santiago and Buenos Aires, Argentina.As a result, individual
agreements with foreign companies were signed toprovide such services. During
the period 1964 - 1979, Lan Chile increasedits international services and successfully
lobbied government officialsinto restricting the operations of foreign carriers,
including per-flightquotas for both passengers and cargo.
In 1977,
administrative measures were adopted aimed at easing cargo restrictionsaffecting
foreign carriers. Subsequently, the JAC took additional administrativesteps
to free up Chilean international air travel by adopting a policy ofapproving
all new applications for passenger services, unless Lan Chilecould demonstrate
conclusively -- within a week -- that such services wouldbe detrimental to the
state-run airline. Thus, the framework for the deregulationof Chile's air travel
was cast.
A year later, on December 5, 1978, two pieces of legislation were approved(Decree Laws 446 and 459, respectively) which granted complete freedom inestablishing rates for international air cargo and passenger services betweenChile and other countries.
Just six
months later, on June 22, 1979, a decree was issued to revisethe regulations
on commercial aviation contained in the legislation approvedin 1931 and 1960
noted earlier. The new decree called for restrictions onaccess to the market
to be lifted and granted freedom to establish fareschedules. Furthermore, the
JAC was empowered -- in accordance with internationallyaccepted norms -- to
restrict access to the Chilean market by airlines representingnation's which
limited access by Chilean carriers to their airspace (theso-called "principle
of reciprocity") and establish tariff schedulesfor those international
routes where price freedom was not possible as aresult of the price setting
policies of foreign powers.
Thus, as
of 1979, the Civil Aeronautics Board was charge with:
- Directing Chile's commercial aviation and administrating related policies.
- Representing the Chilean Government before international organisms.
- Participating in negotiations and the preparation of internationalagreements on commercial aviation.
- Classifying the level of reciprocity awarded to Chilean carriers byforeign countries.
- Establishing international flight time schedules through a processof public bids.
- Setting international airfares in cases stipulated by existing legislation.
- Maintaining a record of fares on routes with unrestricted fee schedules.
- Establishing
and ensuring compliance with insurance requirements forcommercial aircraft.
A subsequent
modification to the legislation (Law 18,063 of November23, 1981), sought to
strengthen certain elements of the JAC's powers inan effort to enhance the Board's
ability to negotiate airspace justifys withthird countries. As of that date,
the JAC's attributes have not undergonefurther modification.
It is important
to note that a nation's justifys to commercial airspaceare determined by what
is known as "freedom of the air." As aresult, individual nations can
define the level of access to their airspacegranted to foreign carriers. Chile's
new policies sought to open additionalmarkets for the nation's airlines by negotiating
bi-lateral reciprocal treatmentagreements.
These policies
have led to a steady rise in demand for internationalair transport services
in recent years, as can be seen in the followingcharts:




Clearly,
the indicators which best represent "production" levelsin the air
transport industry -- that is, passengers and tons transportedper kilometer
-- are only slightly dependent on GNP (in constant terms)in the years prior
to 1979. As of that date, the data indicates a much closerrelationship between
GNP and production.
This phenomenon can be explained, at least in part, by the restrictivepolicies in place prior to 1979 which kept Chile's commercial air industryfrom playing an effective role in the nation's development. This situationwas further exacerbated by the economic conditions which prevailed in Chilethrough 1975. Furthermore, the growing trend for a closer relationship betweenGNP and production indicates a process of continual adjustment in both supplyand demand. These adjustments are the result of an overall improvement incompetitive conditions for air transport (in terms of both fares and technology)and the effective use made by customers of available flight offerings.
The burgeoning
of new service companies in the marketplace, combinedwith the incorporation
of newer, more modern aircraft into the airline'sfleets, has made it possible
to meet demand at a lower cost (on average)which in turn has secured and bolstered
existing demand for air travel andcargo services.
Chile's
international air travel is characterized by long trips and intermediarystops
are obviated as much as possible, a additional boon passenger comfort.Moreover,
technological developments in commercial aviation around the worldhave brought
high-capacity, low cost aircraft on-line whose state-of-the-artengines have
made it possible to overcome rising fuel costs, a criticalfactor in air transportation.
Another important aspect of the Chilean marketis its reduced size. Thus, the
nation serves as a terminal (or "endof the line") for many carriers.
Although the advantages of this uniquesituation is quite obvious for users,
it does tend to hamper the activitiesof domestic airlines.
These and
other market characteristics led the Chilean government toimplement a policy
which would allow for competition among airlines. Asa result, flight frequencies
have increased, services are provided at alower cost and a multiplicity of routes
connecting Chile with the worldhas blossomed. (yes, Peter, that is a "carril"
of my very own).
The results
of the new policies are clear: in 1964, 14 foreign carriersserviced Chile. By
1991, over 32 companies were offering a wide varietyof regular services and
a plethora of tariff schedules for travel betweenChile and other nations.
1. AIRLINES
Decree Law
3 of 1969 (which modified laws 10,645 and 15,334 and repealedDFL 305 of 1960),
created a legal framework known as an "Organic Law"for the formation
of the Línea Aérea Nacional - Chile (LANChile). This legislation
further noted that:
- The government was to act as a broker to ensure air transport betweendifferent points within the country and abroad.
- The nation's yearly budget was to include an allocation aimed at coveringthe operations deficit of LAN's domestic and international routes.
- LAN Chile was exempted from all national and local taxes.
- Prior to the discussion of international agreements on air transportor any other action requiring new permits to be issued or extending existingauthorizations for engaging in commercial air operations within Chile, theopinion of LAN Chile had to be requested.
- Officials
from all public, semi-public, administratively autonomousand municipal bureaus
were required to purchase their tickets on LAN Chile.This rule was also applied
to representatives of other state-owned firms.Furthermore, air cargo belonging
to these agencies or individuals was alsorequired to be transported by the national
airline.
With time,
the company's "organic law" was subjected to politicalmanipulation
as a series of administrations further stipulated the servicesLAN was required
to offer, regardless of cost, thanks to the government'sability to allocate
the necessary resources during budgetary process. Theseconditions, in conjunction
with managerial procedures which failed to reflectthe firm's level of efficiency,
led LAN to accumulate losses of US$74 million.This drain on the national budget,
combined with the lack of managerialflexibility, persuaded the government of
the need to formulate a new legalstructure for LAN Chile and completely re-organize
the firm.
In 1985,
legislation was approved calling for the state-owned autonomousfirm responsible
for administering LAN Chile to be transformed into a privatecompany. In December
of 1988, further legislation was approved which repealedthe requirement that
CORFO retain a 40% share of the company's capital.As a result, the privatization
process of Línea Aérea NacionalS.A. was initiated with the sale
of 15% of the company's shares to it workers.At present, the State retains a
minority share in the company which, inthe view of this author, is wholly unjustified
in practical terms.
Furthermore,
the end of Lan-Chile's monopoly made it possible for privatecompanies to become
active in undeveloped or poorly developed areas. Companiessuch as AERONOR, ASA,
AERPAMDOMA. T.A.C., AERO GUAYACAN, AEROVIAS DAP, AEROSANTAwere born and others,
such as LADECO, were strengthened. Only those firmsutilizing good business principles
and strategies were able to remain inoperation, as was the case with LADECO
(Líneas Aéreas delCobre). The evolution of the participation of
domestic carriers in air travelover the last 15 years can be seen in the following
charts (Charts 5 and6):


In addition,
the evolution of the participation of domestic carriersin international traffic
is reflected in the charts provided below (Charts7 and 8). As is clear from
the data presented here, in recent years therehas been a trend for this participation
to level off at between 45% and50% of this rapidly expanding market.


2. EVOLUTION
OF FARE SCHEDULES
a. International
Market
IATA, an
organization created under the auspices of the InternationalCivil Aviation Organization
(ICAO, a United Nations agency), to assist inthe organization of international
air travel has divided the world intothree large traffic zones. Each of these
zones is in turn divided into regionsand sub-regions with coordination systems
among them. Thus, Traffic Zone1 (The Americas) is divided into four regions,
including South America (1D),within which a sub-division has been formed to
cover Argentina, Brazil,Chile, Paraguay and Uruguay (known as sub-region 1D2).
The aforementioned
agencies have developed a concept of fare schedulesthat calls for the "prices
to be charged by the air transport companyor companies [to] be established at
reasonable levels, with due considerationbeing given to assessment factors,
including costs of development, servicefeatures, commission rates, a reasonable
level of profit and fares appliedby other air transport companies".
Furthermore, the objective of Chile's new air transport policy
was to obtain
the largest possible number and variety of quality passengerand cargo transport
-- both within its territory and among other countries-- at the lowest possible
fare. In an effort to achieve this goal, the CommercialAviation Law -- approved
in June of 1979 -- called for the complete deregulationof passenger and cargo
air transport rates, domestically as well as internationally,and granted carriers
the justify to charge the prices they deemed most appropriatefor their services.
Within this
competitive framework, there were strong incentives for anincrease in the participation
of the private sector in air transport. Forexample, the tremendous distances
between Chile and the majority of itstrading partners mean that their is a high
demand for seats and tons perkilometer, the two standard measures of air transport
"production."
Therefore,
the greater the distance, the greater the need for equipment.However, as noted
earlier, Chile's location at the end of most carrier routespresents a competitive
disadvantage for domestic airlines. This is particularlytrue of European airlines
which stop over in Brazil and Argentina or U.S.firms which stop in countries
en route (or utilize the U.S. as a transferpoint toward other destinations).
Another
important element which affects real costs, and therefore thedevelopment of
the participation of a variety of airlines in the internationalmarket, is the
direct or indirect support granted by certain foreign legislationin an effort
to foster or discourage traffic originating or terminatingin Chile.
As a result,
it is particularly illustrative to review the fares recommendedby IATA for coach
class travel between Chile and other destinations. Thefares shown in Chart 9
are given in U.S. dollars per kilometer. Naturally,costs are higher for destinations
where demand or protectionist policiesmake it possible to charge higher fares.
The effects of demand and monopolisticpositions for some North American and
European cities are clearly shownin the following chart:

As can be
seen, there is a tremendous difference between the per kilometerfares for cities
located farthest from Santiago and those located closerby. Clearly, the cost
per passenger-kilometer is lower when the distancesare greater. This situation
leads to a wide variety of promotions aimedat reducing IATA recommended fares.
Whenever such reductions are made, effectivecompetition in the international
air transport market ensues.
b. Domestic
Market
An analysis
of the historical evolution of domestic fares shows a trendtoward monopolies
through such elements as fare differentials for the hubsof large domestic carriers
as well as their itineraries. For example, thedifference in fares on routes
costing between $30,000 and $60,000 pesosis some $100 despite the fact that
the itineraries are practically the same.Although it is clear that in a market
economy fares and service qualitywill tend to level off, such conditions do
not guarantee that "duo-polic"(a monopoly of two companies) situations
will not arise (it is particularlydifficult to document and contest these situations).
Thus, it is of crucialimportance to seek to ensure expedient access to the market
by additionaloperators and to create oversight agencies charged with imputing
monopolicabuse.
Chart 10
shows the historical evolution of fares between the cities ofSantiago and Punta
Arenas. This route tends to be fairly self-containedfor domestic airlines and
therefore reflects real costs better than manyothers.

An illustrative
response to the situation presented in Chart 10 was theincorporation of SABA
AIRLINES into Chile's domestic marketplace at pricessubstantially lower than
those of traditional airlines. On this matter,it is important to note that the
argument of early supporters of an openingof Chile's air travel market who noted
that, in such a small market witha constant rate of growth, small companies
will tend to grow in the mediumterm. As this growth occurs, space will once
again be made available forthe emergence of additional small airlines to cover
new routes as well asthose abandoned by expanding carriers. Thus, these smaller
companies canbe expected to play an important role in regulating the market,
particularlywhile they remain small.
Another
important feature affecting the industry today is the lack ofbusiness-oriented
entities capable of financing, constructing and managingair infrastructure,
as well as a noteworthy void in regulations which wouldallow for these responsibilities
to be assumed by private industry.
3. CONCLUSIONS
The policies
implemented in the air transport industry as of 1974 havebeen highly successful
in achieving their goals, namely, providing efficient,low-cost air services
to the country, increasing flight frequency and havingthe industry serve as
an effective aid for the nation's economic and socialgrowth while ensuring truly
efficient growth among domestic carriers.
Nonetheless,
international air transport continues to operate under protectionistpolicies
implemented by foreign governments in an effort provide benefitsto local carriers.
However, the impact of these policies is negative forboth the local and complementary
markets (such as Chile's).
In any case,
Chile's domestic air policy and regulatory instruments alonedo not provide sufficient
protection against the effects of protectionistpolicies applied by other nations
in the local marketplace. Therefore, itis important that Chile continue to strive
to open additional markets rathercontribute, however unintentionally, to their
closing.
As noted
in this chapter, the historical evolution of air traffic inChile demonstrates
quite clearly the disastrous effects of the participationof a state-run company
in the market for air travel, given that such agenciestend become a political
instrument for the administration in office at anygiven time. Moreover, the
Chilean Air Force -- despite its initial roleas a champion of commercial air
navigation -- currently plays an excessivelyactive role in the formulation of
regulations on commercial air trafficand in the management of airports (which
should justifyly belong to civilauthorities) and competes directly with private
industry by providing commercialpassenger and cargo services.
III.
RAILROAD INDUSTRY
1. HISTORICAL
BACKGROUND: 1851 - 1978
In 1851,
twenty five years after the first passenger train in the worldstarted to run
between Stockton and Darlington in England, railroad activitycommenced in South
America with the inauguration of a train line betweenthe Chilean cities of Caldera
and Copiapó. As of that date, constructionof a rail network moved forward
quickly, thanks to the initiative and driveof the private sector.
As a result,
in 1862 the first regulations were drafted to control railwayuse and called
for free access to the industry to be granted so long asminimal safety conditions
were met which were compatible with the developmentof rail transport for cargo
and passengers.
In 1884,
the Chilean State became active in the railroad industry throughthe creation
of the Empresa de los Ferrocarriles del Estado (State RailroadCompany). The
new entity was charged with the management, operation anddevelopment of Chile's
railroad system. At that time, legislation was alsoapproved stipulating that
companies providing railroad services would, ingeneral, not be exempted from
taxation. However, any such exemptions thatmight be implemented were to be equally
applied to all companies, includingthe state-run firm.
Several
years later, in 1889, the state company began to benefit -- withwhat would prove
to be a spiraling series of government-mandated advantages-- from legislation
requiring municipalities receiving funding from thecentral government to provide
the State Railroad Company with drinking water,free of charge.
In 1922,
duties began to be charged on merchandise imported or exportedby train. However,
government merchandise, or that transported by the state-runcompany were expressly
exempted from these payments. Furthermore, a processof State intervention commenced
with the established of rates for train-relatedservices in an effort to cover
the operating expenses of the most inefficientcompany (the state-run firm).
Private companies were barred from charginglower rates. Therefore, the combination
of duties on transported merchandiseand price setting created a system which
openly discriminated against theprivate sector in this industry.
It is also
important to note that, from its inception through 1940s,railroad activities
in Chile retained a semi-monopolic role in the transportindustry, competing
solely over long distances with maritime transportation.Furthermore, Chile's
railroads played a crucial role in the settlement ofthe Southern part of the
country, in the development of mining and as afundamental means of surface transportation.
In 1937,
in an effort to extend services South from the city of PuertoMontt, the State
railroad company created the Servicios Marítimosde los Ferrocarriles
del Estado (State Railroad Maritime Services), which,in 1953 was transformed
into the Empresa Marítima del Estado (StateMaritime Company), known as
EMPREMAR. During that same period, Ferrocarrilesdel Estado (FF.CC) built a chain
of hotels throughout the country whichlater were passed on to CORFO, creating
what was called HONSA.
Following
the Second World War, however, the explosive development ofthe automotive industry
destroyed the quasi-monopolic privileges of railroadtransport. This trend was
particularly strong between 1955 and 1965, atwhich time the Pan American highway
was constructed, running parallel tothe railway network and linking the country
from North to South.
By the time
the use of the automobile became widespread, the State railroadcompany had expanded
to enormous proportions and had an organizational structurewhich was quite impossible
to sustain under the competitive conditions emergingin the transportation industry.
The company ran a consistent and progressivelyhigher deficit, forcing the State
to absorb the losses through subsidies.In practical terms, such financing protected
the company from outside competitionand made it unthinkable to try to adapt
the firm to the new market conditions.
In 1960
legislation was approved which sought to redefine the state-runrailroad's organizational
structure, identify its objectives, obligationsand attributes as well as the
relationship between the company and the government,including payments to the
latter.
From 1960
through 1973, the railroad was considered a public servicecompany and its investments,
as well as its operating deficit, were financedby the State. Between 1972 and
1973, the number of railroad employees reachedits historical peak, totaling
almost 28,000.
The application of a severe and systematic misconception of the roleof a public service company resulted in a consistent deterioration in thecompany's economic and managerial conditions.
In 1973,
the new government initiated a process aimed at rationalizingthe services provided
by the state-run company. This process commenced witha drastic reduction in
personnel -- the number of employees fell from itall time high of 28,000 to
15,000 by 1978 -- and continued over a periodof several years, culminating with
the definitive suspension of governmentsubsidies in late 1978.
The rationalization
process produced an immediate improvement in management;employee productivity
rose from 178,600 traffic units per worker to 196,500;the management factor
(the ratio between total income, excluding governmentcontributions and total
expenditures, excluding retirement costs) increasedfrom 0.53 to 0.80, and the
operational coefficient (the ratio of incometo expenditures) rose from 0.54
to 0.84.
These advances
notwithstanding, the company's level of indebtedness --which had totalled 53.1
million dollars in 1974 and was subsequently reducedto 36.8 million in 1976
-- again expanded for a total of 44.4 million dollarsin 1978.
As noted
earlier, the government initiated a drastic program aimed atreducing railroad
subsidies and, as of 1979, eliminated these payments completely.
2. ELIMINATION
OF GOVERNMENT CONTRIBUTIONS: 1979 - 1991
In 1979,
a new era commenced for the Empresa de los Ferrocarriles delEstado when, for
the first time, the company began operations without governmentcontributions
or compensation of any type. Neither its assets nor its liabilities,or its over-sized
investments, number of employees and size its network-- which together accounted
for a 50 million dollar debt -- were to continueto be financed by the State.
As of that
date, the company was forced to operate within the frameworkof a free market
economy in which the most efficient allocation of resourceswas achieved through
market mechanisms.
In order to facilitate the new operational procedures, the State agreedto eliminate the factors which distorted market-based allocations in thetransportation industry. The most important change in this regard took placein the area of the commercial use of railroads (for cargo and passengertransportation) which, up to that time, had been made available to userspractically free of charge.
Moreover,
a variety of employee benefits and taxes, as well as the legalobligation to
provide certain services, weighed heavily on the state-runrailroad's ability
to operate efficiently.
By eliminating
government contributions, an effort was made to forcethe management of the FF.CC.
to investigate ways of reducing its size andfocusing its efforts solely on profitable
areas and services.
Toward this
end, a Master Plan was formulated which established the dimensionsof the new
company, determined its operation criteria and made a seriesof recommendations
on a variety of aspects of railroad management.
To order
to achieve financial stability, the following measures weretaken:
- Efficient organization of the staff.
- General downscaling of the other resources.
- Sale or transfer of extraneous assets.
- Implementation of modern, dynamic and flexible commercial actions.
- Strict control over expenditures.
- Transfer to private companies fields of activity which did not pertaindirectly to transportation or which would provide substantial savings tothe company if they were sold off.
- Legal
and managerial rationalization of the company.
The implementation
of these procedures established a solid frameworkfor additional measures such
as:
- Closing down non-profitable branch lines.
- Establishment of temporary routes based on demand.
- Elimination of steam engines still in operation on the Southern railways.
- Reconditioning of engines and cars.
- Creation of an agency charged exclusively with handling passenger service.
- Staff cut-back from 15,000 to 7,500 employees.
- Adjustment of rates and fares to reflect market prices, despite a lackof complete deregulation in this area.
- Elimination of passenger service from the capital to the far Northernreaches of the country (1,800 km. of railroad).
- Creation of services such as the Autotren (trains which transport automobilesas well as passengers) and lounge-cars with small areas for video shows.
- Remodeling of sleeping cars.
- Restoration of a large quantity of other equipment.
- Computerized
system for ticket reservations and sales.
Chile's
economic boom, from 1979 through 1981, and the measures mentionedabove generated
positive results and the operational ratio rose to an averageof 0.91 during
those years. However, as of that date, the ratio experienceda decline which
bottomed-out at 0.69 in 1985.
By December
31, 1985 the total debt of Empresa de los Ferrocarriles delEstado reached approximately
105 million dollars, derived primarily fromloans obtained to compensate personnel
for lay-offs and the operationaldeficit which had accumulated prior to 1979.
Another important element ofthe debt was credits extended by suppliers in an
effort to help financemodernization plans. This meant that the FF.CC. not only
had to make paymentson such installations and equipment -- which by market standards
were notalways profitable -- but also cover, at times, excessively high costs
forcapital and equipment maintenance.
Railroad
transportation policies as of 1979 focused on modifying theconditions and operational
policies of the FF.CC. in order to make its managementmore efficient, balance
the budget, eliminate the accounting deficit andobtain real benefits from the
State's extensive investment in the industry.Moreover, in order to implement
the principle of a subsidiary role for state-ownedcompanies and introduce flexible,
efficient business management strategiesand criteria, the company had to abandon
its policies of self-sufficiencyand transfer the supply of goods and key services
to the private sector.
Despite
the changes in policy, by 1985 the state-run company was stillfar from achieving
the goals established by the Master Plan. It is importantto note that despite
erstwhile efforts to organize the company efficiently,the measures taken proved
to be insufficient and a cash flow balance wasnever achieved. Furthermore, prices
for transportation services were artificiallydepressed as a result of Chile's
economic crisis and government subsidiesto the railroad's direct competitors:
commercial trucking.
This situation
underscored a variety of problems existing at the time(many of which still prevail)
such as:
- Low traffic densities resulted in less than optimum use of Chile'srailroad system. This was true even for lines with the heaviest trafficfrequencies and resulted in inordinately high per unit fixed costs.
- A total lack of maintenance of infrastructure and, in many cases, oftractor and rolling equipment seriously restricted service options. Thus,further development of railroad traffic was hampered and in some areas evenbecame unsafe.
- The infrastructure technology, including tracks, signaling controlsand traction energy, dated back to the 1st half the 20th century for themost part of the network. This clearly out-dated equipment restricted servicefeatures, operational efficiency, and to a certain extent, safety.
- Nevertheless, in some areas, investment had been made in installationswhich greatly exceeded historical and current traffic needs. Such investmentrepresented a tremendous potential for increased profitability, althougha clear imbalance existed between overall capacity and the real levels ofcargo and passengers those lines were in a position to handle.
- The company had accumulated a large number of unproductive and extraneousassets.
- As a result of these and other factors, the level of quality of railroadservices -- particularly passenger services -- was severely diminished.It is important to note that such services have never covered their costsand require substantial investment in infrastructure, moveable materialsand a sizeable staff.
- Despite tremendous improvement in the reliability of services duringthis time period -- particularly in the areas of cargo and adapting to users'needs -- a huge gap continued to remain between quality and reliability.Clearly, both elements are required in order to satisfy current demand andcompete successfully in the transportation marketplace.
- As noted
earlier, rates for passenger travel and cargo were depressedand were therefore
highly unstable. This meant that traffic patterns andrates could not be consolidated
and users were alert to the probabilityof frequent changes.
Undoubtedly,
the changes resulting from the new transportation policiesenacted as of 1974
took place faster and more markedly in railroad servicesthan in any other transportation
field. The State-owned company, which engagedin the lion's share of the industry's
activities up to that time, saw Statecontributions plummet from some US$122.8
million in 1974 to zero as of 1980while its personnel was markedly reduced.
The operational savings whichmade it possible for the company to get by without
government subsidiescame, for the most part, at the expense of salaries and
a noteworthy reductionin maintenance costs, achieved through both greater rationalization
of expendituresand postponement of non-crucial procedures.
Moreover,
it is important to note that the process was not perceivedby government officials
as an opportunity to rationalize the company andenhance its financial standing
through mechanisms provided by the centralgovernment. Rather, an emphasis was
placed on imposing financial restrictionsin an effort to force the company to
eliminate unprofitable operations andsell off idle assets to reduce its debt.
The savings were then expectedto be reinvested in recuperating the firm's infrastructure
and moveablematerials.
Nonetheless,
this strategy never failed to clash, in one way or the other,with the restrictive
policies imposed by the authorities themselves, withthe lack of legal instruments
for executing changes and, frequently, withthe lack of willpower among company
executives to implement the reforms.
In addition,
an important factor in understanding the status of Chile'srailroads and their
evolution over the last few years, is the unequal treatmentthe government gave
to different modes of transportation as a result ofa lack of consistency in
development policy. The most important dichotomyin this regard was priority
of the government of lowering the cost of highwayinfrastructure. This funding
in effect provided a subsidy to trucking companieswhich served as a detriment
to the railroads. In fact, some studies haveconcluded that the government's
actions at the time added some 15 to 20million dollars per annum in losses to
the railroads books (today, lowerfigures could be expected due to new fuel taxes
established recently). Inan apparent effort to off-set these effect, the railway
system is exemptfrom land taxes and it does not pay dividends on the sizeable
assets inheritedfrom the government through the privatization process. Nevertheless,
theseexemptions -- as well as many others -- are also applicable to road transportationand
infrastructure for commercial use.
In terms
of private participation, recent traditions seem to have beenthe key factor
in the limited success achieved in efforts to increase privateinvestment in
railroads. This tradition encompasses the tendency of Chileanrailroads toward
self-sufficiency and exclusivity as well as the perceptionthat, in general,
neither the company nor the State are reliable partnersor counterparts for mid-term
or long-term business deals. The entry of privatecompanies into the railroad
business -- the most important component ofthe privatization goals -- requires
tremendous institutional stability andclear company policies in order to ensure
that the "rules of the game"will remain unaltered. Within the FF.CC.
and in the management policiesestablished the government, an emphasis on creating
and disseminating thisstability has been lacking. Certainly, the company's financial
problemshave posed an important obstacle to such stability.
Furthermore,
the rules of the game between company management and thatof the government have
not been at all clear. This makes it difficult toconsolidate the operational
conditions needed to attract potential investors.
In terms
of maintenance and the supply of other materials, however, thereis as stronger
tradition of private participation which has led to satisfactory,although still
limited, levels of private activity in this area. Nonetheless,such private firms
do not consider business coming from the FF.CC. to bestable enough to justify
and guarantee large-scale investments. Clearly,if these investments were to
be made, the FF.CC.'s service performance wouldbe greatly enhanced.
The analysis of railroad traffic statistics shows, quite obviously, agradual and steady drop in the railroad's share of the transportation market.Nevertheless, an increase has been registered in the use of medium-distancetrips (although the number of passengers has dropped in the last few yearsdue to the introduction of the Metro-Train). These changes indicate thatdespite the loss of its position as compared with other means of transportation,the railroad system is concentrating its efforts on those areas where ithas the greatest comparative advantages.
CHART Nº
11

CHART Nº 12

3. DEEPENING
OF THE FINANCIAL CRISIS: 1986 - 1991
In 1986, Ferrocarriles del Estado owed US$128 million, its highest debtin history. In 1987, a so-called "Rehabilitation Plan" was introducedand approved by the government in an effort to find a way to salvage thefailing industry. In essence, the plan sought to create affiliate companies(by type of activity), generate an investment plan and formulate a programaimed at consigning nonessential assets. During the plan's first year ofoperation, nonessential assets valued at US$21 million were sold off.
In 1988,
the rehabilitation plan continued and expendable assets totallingUS$22 million
were sold. On December 30, 1988, commitment to sell was signedbetween the Empresa
de los Ferrocarriles del Estado (FF.CC.) and the Empresade Transportes Ferroviarios
(Rail Transportation Company or FERRONOR S.A.),a Corfo affiliate, which was
implemented once legislation authorizing thesale had been approved. The sale
included real estate and other types ofproperty located between the Calera Norte
and Iquique stations, includingbranch lines and services, as well as the stretch
between Augusta Victoriaand Socompra. This transaction resulted in revenue of
US$37 million andan accounting loss of US$232 million.
The sale
of the FF.CC.'s assets reduced the company's debt from its all-timehigh of US$128
million in 1986 to US$88 million by 1989. Moreover, the Stateserved as co-signer
for the firm's commercial bank loans during that timeperiod.
Nevertheless,
by 1990, the company's liabilities had once again increasedto US$94 million
as a results of the deterioration suffered by tracks andother equipment and
a slowdown in the process of selling off expendableassets. This resulted in
government expenditures of US$3.5 million in Januaryof 1990 and subsequent first
quarter debt service payments of over US$9million. Given that the company is
not in a position to sustain expendituresof this size and that the sale of assets
has been suspended by governmentofficials, the FF.CC. will undoubtedly incur
additional increases in itsliability in coming years.
As a result
of these conditions, legislation is currently under studyin Chile that would
seek to resolve the company's most pressing needs. Thebill under review by Congress
calls for a reducing the FF.CC.'s liabilitieswith its own resources, such as
the sale of assets; incorporation of financialand technological resources through
partnerships with private companies;re-locating human resources through compensation
payments; definition ofa Strategic Plan every three years; and the identification
of common groundfor competing fairly with land transportation. If approved,
the projectunder consideration would enable the FF.CC. to retain ownership of
existinginfrastructure and will seek to take advantage of cargo services. For
passengerservice in suburban Valparaiso, Santiago and Concepcion, subsidiary
companiesare to be created in conjunction with Metro S.A. (Santiago's subway).
4. CONCLUSIONS
The efforts
undertaken by the previous government to rationalize andorganize railroad operations
were important, but insufficient. Nonetheless,it is important to recall that
government officials under the previous administrationnever believed that the
government should take direct responsibility forsolving the company's financial
problems. On the contrary, members of theprevious administration believed quite
firmly that such intervention wouldserve as a disincentive for the creation
of a development strategy for thecompany which would coincide with the nation's
new economic system.
Furthermore, unlike other transportation industries, the legal frameworkgoverning railroad operation was not modernized. This has made it difficultto create a system that would encourage private companies to participatein this field of transportation.
The extensive
debt accumulated by Ferrocarriles del Estado and its pooroperational results
require that drastic economic and managerial measuresbe taken to rectify the
situation. Toward this end, the company should makeevery effort to see that
a legal framework is adopted which would allowit to participate actively in
a competitive marketplace and authorize thefirm to enter into agreements with
private companies or sell off portionsof its operations.
In addition,
modifications need to be introduced into the General Lawon Railroads (which
dates back to 1925) in order to establish clear rulesaimed at facilitating the
emergence of private companies in the railroadindustry.
Lastly,
the bill currently under study in Chile may provide an importantinstrument for
resolving pending problems within the state-run railroadcompany and for encouraging
the private sector to participate in the industry.Nonetheless, in order to achieve
these goals and other goals -- such asan overall strengthening of the nation's
railroads as part of a domesticdevelopment strategy -- the legislation can be
greatly enhanced.
IV. MARITIME
INDUSTRY
1. MERCHANT
MARINES
1. HISTORICAL
BACKGROUND
On June
26, 1956, legislation was passed calling for the creation ofa National Merchant
Marine (law 12,041). This law, which replaced the so-calledCabotage Reserve
Law of 1939, remained in force for 23 years and servedas the legal framework
for the development of Chile's maritime transportationindustry.
A series
of measures aimed at promoting the activities of Chile's new-foundMerchant Marines
were contained in the bill approved in 1956, including:
a. Cabotage
(trade within Chilean territorial waters)
- Cabotage was reserved for Chilean ships.
- Any ship registered in Chilean ports, with Chilean owners, captainand crew was considered to be Chilean.
- Twenty percent of the value of ships, tugboats and docks was allowedto be depreciated annually.
- Shipping companies in charge of tugboats, launches and docks were requiredto allocate a yearly amount of at least 35% of profits toward a special"acquisition fund," which could be utilized solely to acquirebuy ships, tugboats, launches, equipment, machinery and other elements destinedto active maritime business activities. This fund was tax free. Losses sufferedby the companies in any fiscal year could be charged to the savings accumulatedin the special acquisitions fund.
- Establishment or modification of cabotage services had to be authorizedby the president of the country.
- There were preferential products for ships dedicated to cabotage.
- Rates for cabotage as well as international routes were establishedby the Maritime Rates and Transport Commission.
- Itineraries had to be studied by the Commission.
- Postal transportation was free of charge.
- Fuel used
by cabotage ships was tax free.
b. International
Transportation
- Fifty percent of maritime transport of imports and exports was reservedfor domestic shipping lines as follows: import and export freight was classifiedseparately according to the type of cargo and country of origin or destination.
- Large-scale, homogeneous import cargo was reserved exclusively fordomestic merchant ships.
- Rates charged by Chilean shipping companies could not be higher thanthose determined by the Liner Conference.
- Ships applying for Chilean registry were required to hold the highestclassification granted by Lloyd's Register of Shipping; moreover, such shipscould be no more than 10 years old.
- Ships with Chilean registry could be sold solely with the express authorizationof the nation's president.
- Half of the capital increments of Chilean companies could be deductedfrom taxable income.
- National shipping companies with services abroad were authorized tosign agreements with foreign companies to reserve or distribute cargo orto divide profits, so long as the cargo percentage belonging to Chileanships by law did not decrease. As a result, shipping companies were forcedto hold the justifys to over 50% of profits.
- Domestic shipping lines were required to carry insurance provided byChilean insurance companies.
- The Sociedad Química y Minera de Chile (Mining and ChemicalAssociation of Chile, SOQUIMICH) was granted special benefits.
- All imports
of ships, machinery, spare parts, accessories, equipment,material, and supplies,
including fuel and lubricants for use on board wereduty free, as were all incorporation
papers.
Furthermore,
additional legislation (laws 6,037 and 7,759) comprisingthe so-called Organic
Law of the Caja de Prevision of the Marina MercanteNacional (National Merchant
Marine Social Security Fund) indicated thatall freight on board domestic and
foreign ships was required to pay 0.5%tax directly to said Fund. That percentage
was subsequently increased to3%. Additional adjustments were made to the existing
legislation throughStatutory Decree 466 of 1974.
Toward the
end of the 1970s, Chilean officials initiated a program aimedat deregulating
the port and maritime industry (the latter was to be broachedfirst). The idea
behind these efforts was that the deregulation of the maritimetransportation
would lead to increase competition which would in turn providedstronger incentives
for proceeding with the deregulation of the port industry.
The first
such modification sought to allow Chilean lines to registertheir ships in foreign
countries, thereby avoiding the obligation to useexclusively Chilean crew members.
This change alone accounted for savingsin labor costs of up to US$350,000 per
ship. Moreover, this shift effectivelydestroyed the monopoly held by Chilean
crews and served to reduce costsfor users.
2. NAVAL
DEREGULATION
On December
21, 1979, a new decree law (law 3,059) was officially enactedto replace existing
regulations with the following:
a. Cabotage
- 100% of cabotage was reserved for domestic ships. Nonetheless, bidscould be submitted by users with participation in foreign lines for cargoesover 5,000 tons.
b. International
transportation
- Regulations on the justifys of foreign ships to load Chilean export productswas based on the so-called principle of reciprocity (e.g. the justifys grantedto Chilean vessels in foreign ports). However, shippers objected to thisdefinition, alleging that the measures taken by Chilean authorities didnot adequately compensate for treatment received in foreign ports. For example,when access by Chilean lines to exports in foreign ports was restricted,local authorities reacted by barring the offending nation's ships from transportingChilean exports (rather than adopting "reciprocal" cargo restrictions).
- Rate freedom for all services was implicitly established.
- The taxation, subsidy and exemption systems remained subject to generalrules.
- Resolution
663 of the Under Secretariat of Transportation (dated June20, 1980), determined
that access and participation of ships from Argentina,Bolivia, Colombia, Ecuador,
Paraguay, Peru, Dominican Republic, Uruguay,Venezuela and Brazil could total
up to 50% of Chilean foreign transportationtrade with those nations.
Subsequent
legislation (law 18,454 and decree law 3,059 of 1985 and StatutoryDecree 24
of February 1986) once again re-defined the regulations on maritimetransport.
These regulations stipulated that:
- Cabotage is reserved for Chilean vessels. Foreign merchant vesselsare authorized to transport cargo volumes over 900 tons (contracted throughan open bidding process called by the user).
- Transportation
of foreign trade will be subject to the principle ofreciprocity.
Furthermore,
important innovations were adopted in areas such as newregulations on port employees,
those on ship board and seafarers in general.
2. SHIPPING
COMPANIES
By September
1973, all of Chile's shipping companies were fully or partiallyin the hands
of the State. Thus, over 50% of the CompañíaSudamericana de Vapores,
95% of the Compañía Chilena de NavegaciónInteroceánica
and through them, 100% of Naviera InteroceangásS.A., and Sociedad Anónima
de Navegación Petrolera (the nation'slargest shipping firms) had been
acquired by CORFO. For the most part, theseacquisitions had taken place during
the Popular Unity government as partof the so-called Social Program. In addition,
the Empresa Marítimadel Estado (State Maritime Company) and Transportes
Marítimos deChiloé Ltda. (Chiloé Maritime Transport Ltda.
- TRANSMARCHI)continued in State hands. By adding to this list the Empresa Portuaria
deChile (Chilean Port Company) and the Empresa de Servicios Portuarios (PortService
Company -- Enserport), it becomes clear that the entire developmentof Chile's
port and maritime sector was fully controlled by the State, eitherthrough purchase
or expropriation.
In 1974,
a policy aimed at re-privatizing these companies was implemented,including the
dissolution of Enserport. Moreover, the situation of TRANSMARCHI-- where private
shareholders which accounted for 49% of the company's totalholdings -- was normalized.
This was achieved by transferring ownershipto CORFO and extending service to
the region of Aysen (as a result, thename was changed to TRANSMARCHILAY).
The modifications
to the legal framework and ownership of these shippingcompanies facilitated
the rapid incorporation of technology into both vesselsand cargo handling. This,
in turn, enabled the companies to introduce substantivechanges in their management
systems and compelled them to look for new marketsand renew their fleets. As
a result, Chile's shipping lines became a modelemulated world-wide. For example,
the Compañía Sudamericanade Vapores (known abroad as the Chilean
Shipping Lines) and the Compañíade Navegación Interoceánica
have been highly successful indiversifying their cargo and markets and developing
new management techniques.Moreover, their innovations in the field of cargo
handling technologieshave become one of Chile's most sought-after non-traditional
exports.Thesuccess achieved by Chilean companies is shown in Charts 13 and 14.
Chart Nº 13

Chart Nº 14

3. EMPREMAR
S.A.
This company
was established as a result of law 18,773 of January 1989which transformed the
State Maritime Company into a corporation in whichCORFO held a 99% interest
and the government the remaining 1%.
From its
creation in 1938 through 1973, the State Maritime Company hadbeen used as a
political tool by the government. Moreover, given that Statesubsidies could
be counted on to balance the books, the company had neverimplemented accounting
procedures capable of ascertaining the firm's reallevel of efficiency.
This situation
not only generated huge losses, but also brought an endto cabotage within the
country as a result of the rates applied by the company.Furthermore, these subsidies
served as the basis of the strong distortionsaffecting domestic transportation
on the whole. From 1962 through 1967,the company accumulated a debt of US$ 17
million dollars. In 1962, 53.7%of governmental resources were utilized to cover
operational expenses. Thisfigure dropped to 29% in 1966, rising to 39.3% by
1969. It was not until1974 that this situation was rectified and the company
showed a profit of1.13 million dollars.
Final Results
(thous US$)
| 1980 | 9,370 | (Sale of Lagos type ships) |
| 1981 | 3,610 | (Sale of Lagos type ships) |
| 1982 | (6,010) | |
| 1983 | (1,348) | |
| 1984 | (5.748) | |
| 1985 | (1,745) | |
| 1986 | 6,199 | (Insurance for loss of OBO Valparaiso) |
| 1987 | 376 | |
| 1988 | 174 | |
| 1989 | 4,392 | (sale of Pdte.Gonzalez V. freighter) |
| 1990 | 500 |
In general,
the company has not generated important profits except asa product of high non-operational
earnings, as in the case of payment ofan insurance claim from the loss of a
vessel or the profitable sale of ships.
It is also
important to note that for many years Empremar has held atransportation contract
with ENAP, the State oil company which has generatedsufficient revenue to off-set
many of its other losses. This situation isclearly reflected in the chart showing
the companies final balance overa period of 11 years.
On November
27, 1989, EMPREMAR S.A. and Empremar Navigation Service arrangedfor the creation
of a subsidiary, EMPREMARSUR S.A., in an effort to utilizeoperating resources
generated by the so-called Flota Regional (RegionalFleet) based in the Southern
city of Puerto Montt. As a result of lossesgenerated in 1990, the company was
liquidated.
2. PORT
STATUS
In 1973,
the Liner Conference had imposed overcharges of up to US$40per ton for Chilean
foreign trade cargo. Freighters, in general, paid between60 and 80 thousand
dollars for demurrage at Chilean ports and Bolivian cargohad been detoured to
Peruvian ports.
In those
days, labor unions were particularly powerful within the portsand their influence
on the organization of port-related activities was clearlyfelt. This situation
frequently led to the hiring of excess personnel andinflated rates and the use
of obsolete equipment. Also, rate systems andadministrative practices, for both
the State Port Company (Emporchi) aswell as the labor unions, tended to make
poor use of existing port infrastructure.
Emporchi's
financial statements were three years behind. As of 1974,a rate system was established
based on real costs, expressed in U.S. dollars;pending balance sheets were prepared
(including the one for 1970); and bythe end of 1974, the company became self-financed,
covering an accumulateddeficit of 15.6 million dollars and, for the first time,
generating a profit.As of that date, the company has consistently generated
positive returnswhich are transferred to the national budget (for the period
1980-1990,said revenue was over 3 billion pesos per annum).
In 1972,
as a result of overcrowding in Chilean ports, the governmentsigned a service
contract financed by the government of Holland with portexpert Dr. Th. J. Risselada,
who, after studying the situation, recommendeda variety of alternative solutions
to the problem. Among them, he outlinedthe need to increase the number of berths
in Valparaíso and San Antonioand the construction of a port complex in
Quinteros bay. That year, thecomplex managed by EMPORCHI moved 2,372,379 tons.
In 1990, these same portshandled 5,634,132 tons; fully 39.5% more than the tonnage
handled by twelveports managed by the company in 1972.
In 1990,
movement in all of Chile's ports and marine terminals totaled64,438,498 tons
(of which 31,065,146 were in foreign trade and 16,686,676tons in cabotage).
The 10 ports managed by Emporchi handled 13,639,462 tons,whereas between 1960
and 1973, tonnage managed by these same ports failedsurpass 4,500,000 tons per
year.
Chart Nº 15

Research
conducted to analyze this situation has concluded that the primarycause of the
limited movement in Chilean ports prior to the mid 1970s wasthe poor performance
of port workers which resulted from the monopoly unionsheld over port employment.
Moreover, the monopoly made it impossible toincorporate new technology into
the ports aimed at reducing manpower andincreasing efficiency. Moreover, the
unions had a similar impact on restrictingthe incorporation of similar technology
on Chilean vessels.
As of 1973,
a series of small improvements were made which permittedthe incorporation of
a larger number of temporary workers and private executivesinto the port system.
This was essentially achieved by freezing the hiringsystem, prohibiting EMPORCHI
from acquiring new equipment and by organizingthe company's personnel more efficiently.
Nevertheless,
the most important modification to the port system wasintroduced through law
18,032 which banned the labor monopoly and openedthe doors of the ports to the
entire labor force. The legislation was officiallyenacted on September 25, 1981
and required that compensation payments bemade -- at a total cost of some 40
million dollars -- to workers who hadenjoyed the benefits of such a monopoly.
Clearly, these payments servedto legitimize the modifications and stave off
discontent among workers which,if it had gone unchecked, might have undermined
the entire project.

Another
relevant change was the elimination of the separation betweenmaritime and port
workers. This facilitated the integration of port operationsand allowed for
the creation of companies dedicated to dockside loadingand unloading activities.
A second
legal instrument was devised which helped to create conditionspropitious for
substantive change in the organization of the port workers.The legislation,
law 18,042 (approved on October 15, 1981) called for theformation of a National
Port Corporation and provided for each EMPORCHImanagerial sub-division to be
transformed into a holding company. Moreover,the legislation called for the
elimination of the exclusive justify of Emporchiworkers to perform port and
warehouse jobs, as well as ensuring the safekeepingof cargo inside of Chile's
ports. Nonetheless, pressure from a variety ofsectors (workers, the Navy and
Emporchi itself) kept this legislation frombeing implemented.
In early
1990, legislation was signed (law 18,966) which repealed Emporchi'sauthority
to perform transfer-related work. As a result, the Under Secretariatof Transportation
drafted Statutory Decree 125 of August 3, 1990 in an effortto resolve the accounting
difficulties the new legislation produced. Thedecree created a wharfage fee
(charged to the cargo) which in effect wasequivalent to a transference fee,
except that use was not made of Emporchi'sequipment or personnel.
As of 1981,
Emporchi's rate system was organized more efficiently andwork shifts were increased
to three a day to enhance the effective use ofport infrastructure.
According
to studies carried out by steamship agents, the savings toforeign trade in 1990,
as compared to 1981, totalled almost US$96 millionannually.
An example
of these savings was developed by INECOM, a consulting firm,and shows the evolution
of the cost of resources used in port operations.
COST OF RESOURCES USED IN PORT OPERATIONS
(in 1986 dollars)
| Product | Unit | 1970 | 1975 | 1980 | 1986 |
| Fruit | US$/box | 0.73 | 0.72 | 0.54 | 0.26 |
| Copper in bars | US$/ton | 0.71 | 9.13 | 7.01 | 4.36 |
| Fish meal, bags | US$/ton | 16.17 | 15.32 | 14.62 | 8.44 |
| Sawn wood | US$/m3 | 15.70 | 15.19 | 7.80 | 3.35 |
| Logs | US$/m3 | 13.28 | 12.84 | 6.47 | 3.11 |
Another
way of analyzing the figures pertaining to the application ofthe new regulations
can be seen in the following analysis done by the MaritimeChamber:
PRODUCT: APPLES
| 1980 yield | : | 1,100 boxes per crew |
| 1986 yield | : | 1,700 boxes per crew |
| Freighter lay days in 1980 | : | 127 hours |
| Freighter lay days in 1986 | : | 48 hours |
| Total cost in 1980 | : | US$101,856.00 |
| Total cost in 1986 | : | US$ 36,005.00 |
| Cargo | : | 200,675 boxes |
| 1980 unit cost | : | US$0.51 |
| 1986 unit cost | : | US$0.19 |
Lay-day
savings expressed in the distance a freighter can travel at 12knots (3,420 kilometers.)
PRODUCT: WOOD
| 1980 yield | : | 250 m3/crew |
| 1986 yield | : | 350 m3/crew |
| Freighter lay days in 1980 | : | 294 hours |
| Freighter lay days in 1986 | : | 144 hours |
| Total cost in 1980 | : | US$179,309.00 |
| Total cost in 1986 | : | US$ 78,582.00 |
| Cargo | : | 34,9143 m3 |
| 1980 unit cost | : | US$5,14 |
| 1986 unit cost | : | US$2,25 |
Lay-day
savings expressed in the distance a freighter can travel at 12knots (10,683
kilometers).
PRODUCT: COPPER
| 1980 yield | : | 380 tons per shift |
| 1986 yield | : | 470 tons per shift |
| Freighter lay days in 1980 | : | 37 hours |
| Freighter lay days in 1986 | : | 24 hours |
| 1980 total cost | : | US$19,248.00 |
| 1986 total cost | : | US$13,791.00 |
| Cargo | : | 2,800 tons |
| 1980 unit cost | : | US$6.87 |
| 1986 unit cost | : | US$4.93 |
Lay-day
savings expressed in the distance a freighter can travel at 12knots (728 kilometers.)
3. CONCLUSIONS
1. MERCHANT
MARINES
The general
strategy for economic development implemented in Chile requiredstrong growth
in foreign trade. In order for this strategy to be successful,the deregulation
of the maritime and port industry and the large numberof private companies willing
to provide such services was crucially important.
Authorities
at that time chose to spearhead such modifications throughthe maritime industry
despite existing international agreements aimed atregulating traffic and rates
on the grounds that competition arising inthis area would provide an incentive
for additional deregulation of theport-related industry.
In terms of international maritime transportation -- the initial focalpoint for reform -- the policies approved were much more radical than thosein place today. Shipping companies were forced to become highly efficient,otherwise, they ran the risk of going out of business. We should also notethat shortly after the new regulations were put into effect, an internationalfinancial crisis erupted which had a substantial impact on Chile's foreigntrade. Moreover, cargo owners began to organize in an effort to negotiatebetter rates with freight forwarders in what proved to be a remarkable reversalof what had once been the freight companies semi-monopolistic position priorto the modifications implemented in maritime transportation regulations.
Although
data on the overall volume of cargo transported by Chilean shipowners is not
available (only data on vessels flying the Chilean flag canbe secured), informed
estimates indicate that when the 50% requirement wasin force, in truth no more
than 35% of all cargo was carried by Chileanship owners. Today, that figure
is calculated at being around 40%.
In addition, the number of freighters and net tonnage registered by Chileanship builders has increased by approximately 35% since 1979, with the tonnageof dead weight remaining more or less stable.
In analyzing
the evolution of the merchant fleet, we should also notethe contribution of
increased efficiency in Chilean ports in fostering theavailability of maritime
services and reducing waiting time of freightersdue to overcrowding.
Furthermore,
the development of cabotage, and cargo in general, has beenseriously affected
by the regulations and behavior of state-run companies,making it almost impossible
for the private sector to enter this field ofactivity.
2. PORTS
Clearly,
the presence of a government with both the authority and energyto implement
change was crucially important to the success of the measuresimplemented in
Chile, particularly since some of the modifications facedstrong resistance (such
as law 18,042 which was never fully enforced).
One of the
most important factors in ensuring success in achieving thegoals established
for the port and maritime industries was the sequentialprogramming of modifications.
Thus, actions aimed at preparing the fieldwere undertaken before more substantive
changes were enacted. As a result,the gradual incorporation of private companies,
the increased number oftemporary workers, the decrease in the government's sphere
of action, modificationsto Merchant Marine regulations and rate schedules all
form an integral partof a process which should have culminated with the regionalization
of portsand operations in the hands of private companies.
Furthermore,
it is worth noting that one of the most negative aspectsof the modernization
process was the slow pace with which changes took place.As a result, some of
the most important tasks, such as the definition ofthe institutional framework
governing port infrastructure and the participationof the private sector within
Chile's ports, is still unclear. This is becomingincreasingly important as the
need to make important investments in portinfrastructure -- which the private
sector could very well provided -- grows.In addition, the competitive experience
between Emporchi and private portsin Southern Chile (VIII Region) has been marred
by efforts by the state-runagency to run its operations in those areas below
cost. Naturally, thisserves as a disincentive for the creation of truly competitive
port facilities.Instead, investments and improvements have only been made within
existingprivate and publicly-owned ports in that area.
Bibliography:
1. Regulation and Deregulation in Chile. September 1973 to September1983 - Daniel Wisecarver - Centro de Estudios Publicos.
2. Distribution Chain and the Competitiveness of Latin American Exports.The Rationalization of Ports in Chile. Economic Commission for Latin America.
3. Evolution of Port Costs, 1980 - 1986. Mimeo Maritime Chamber of Chile.
4. Institution and Economic Analysis of Commercial Air Navigation Industryin Chile. Carlos Williamson and Gert Wagner - Universidad Católicade Chile - Dec. 1988.
5. Alternative Port Rates - Daniel Wisecarver and Ernesto Fontaine -Universidad Catolica de Chile - October 1988.
6. Economic and Social Indicators, 1960 - 1985 and 1980 - 1989, BancoCentral de Chile.
7 - Empresa de Ferrocarriles del Estado, Annual Report.
8 - Empresa Maritima del Estado, Annual Report.
9 - Empresa Portuaria de Chile, Annual Report.
10 - Statistics
of the Junta Aeronautica Civil.