Decree-Law No. 43/2015 Tibar Port PPP Unofficial translation by La’o Hamutuk Page 2 Article 3 Concession contract 1. Under Decree-Laws 42/2012 of the September 7, 2012, 2/2014 of 15 January 2014, and 8/2014 of 19 March 2014 (Legal Regime of Public Private Partnerships), the Government may negotiate and sign the Concession Agreement on behalf of the State. 2. Subject to the preceding paragraph, approval of the Council of Ministers is necessary for the following acts: a) Extension of the Concession Agreement; b) Changes to the Concession Agreement initiated by the grantor or the Concessionaire, including changes to the design work, construction, financing, implementation, operation and management of Tibar Port and services, which entail costs for the state above $50,000. Article 4 Tariff regime 1. The tariff regime associated with the use of Tibar Port and associated services is established and regulated in the Concession Agreement. 2. The tariff regime may be revised only in the terms established in the Concession Agreement, and that this revision is subject to prior approval by the Council of Ministers, with the exception of automatic revision provided for in the Concession Agreement. 3. The tariff regime established in the Concession Agreement must be fair, reasonable and transparent. 4. The tariff regime is subject to the following principles: a) Recovery of costs - tariffs and applied rates should reflect the true cost of the service or infrastructure referred to; b) User pays - users of Tibar Port must pay for the right to access and use the services provided; c) Reasonable rate of return - The Concessionaire is entitled to: i. Recovery of investments in the design, construction, maintenance, operation and ancillary services of Tibar Port during the term of the Concession Agreement; and ii. Receive profits proportional to the associated risks and other relevant commercial aspects. d) Competitiveness - tariffs and applied rates must be internationally competitive to enable the use and availability of Tibar Port. 5. Without prejudice to paragraph 1, the tariff regime associated with the use of Tibar Port and associated services must be published in the Official Gazette. Article 5 Relationship with Government 1. The Government members responsible for the areas of finance, public works and transport represent the state in granting quality, negotiating, signing and execution of the Concession Agreement. 2. Subject to the preceding paragraph, the Government members responsible for the areas of public works and transport may delegate their powers to another public entity, including APORTIL. 3. The rules of Decree Law No. 19/2003 of 13 November, and any other general law applicable to the tariff regime, do not apply to Tibar Port. 4. The Government members responsible for the areas of public works and transport may determine, on reasonable terms, that part of Tibar Port is defined as a secure area and submit its access and use to special regulation.