ANTAQ and CADE sign MOU on segregation and delivery service (SSE) of containers in port facilities

ANTAQ (the national waterway transport agency) and CADE (the administrative council for economic defense) signed a memorandum of understanding (MOU) to define common positions regarding the Segregation and Delivery Service (SSE) of containers in port facilities, the object of ANTAQ Normative Resolution No. 34, of 2019. The signing ceremony was attended by ANTAQ CEO Eduardo Nery; ANTAQ Director Adalberto Tokarski; Minister of Infrastructure Tarcísio Gomes de Freitas; National Secretary of Ports and Waterway Transport Diogo Piloni; CADE President Alexandre Barreto; and CADE Superintendent Alexandre Cordeiro.

According to the MOU, charging the SSE is not illegal. It can be considered abusive, however, in the case of abusiveness of the amounts; a discriminatory and non-isonomic character; the lack of economic rationality for charging; the double charge for items already covered by the box rate, by the SSE and/or remunerated by the Terminal Handling Charge (THC); charging for service without effective consideration, etc.,

According to the memorandum, CADE, when faced with evidence of irregularities in collecting SSE, will make a prior consultation with ANTAQ about the existence of irregularities. ANTAQ must send a response within 90 days. If ANTAQ does not respond, CADE will proceed with the investigation that is the object of the consultation.

Also, according to the document, ANTAQ and CADE undertake to: immediately communicate the initiation of processes related to the collection of SSE and its corresponding decisions; promote studies on the regulated market, privileging the exchange of experiences; and improve sector’s databases and technical analyzes on various topics, including SSE charges;  and promote exchange between the technical sectors involved in the process analyzes and in the standardization of SSE charging, aiming at the integration and standardization, whenever possible, of understandings.

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