ANTAQ sets criteria to curb abusive container demurrage charges

Brazil’s National Agency for Waterway Transportation (ANTAQ) approved a regulatory framework on Thursday (31) regarding the charging of container demurrage fees. The decision was based on an assessment of the logistics chain and the impact of these charges on sector operations.

Key principles have been established to determine when demurrage charges may apply, and the agency will now issue quarterly reports on the progress of complaints received regarding this matter. Other measures were also introduced.

According to director Flávia Takafashi, who presented the proposal, the approved guidelines do not alter any current ANTAQ resolutions. Regulatory changes will be addressed under the 2025–2028 Regulatory Agenda.

In addition to this regulatory interpretation, ANTAQ will implement internal improvements to ensure better information flow between departments responsible for this issue, with the goal of speeding up the analysis of complaints regarding demurrage charges.

“These measures represent a milestone in enhancing maritime transport regulation and reaffirm ANTAQ’s commitment to technical, efficient action aligned with the needs of the sector,” Takafashi said.

Growing demand

The agency’s technical team based its findings on monitoring trends, a rise in reported irregularities, and the sharp increase in container volumes. Last year, container throughput grew by 20%, setting a record.

“ANTAQ has been closely following the evolution of international maritime transport, particularly in container logistics. We continue to examine the complexities and challenges of a sector that is vital to Brazil’s economy, handling 95% of the country’s foreign trade,” Takafashi added.

She emphasized that ANTAQ’s goal is to promote “assertive regulatory action that ensures transparency and balance among market players, as well as predictability and quality in port infrastructure services.”

Container logistics has been a topic of discussion at ANTAQ since the pandemic. However, the recent surge in container volumes revealed the need to update the agency’s regulatory tools.

In March 2024, ANTAQ approved a responsibility matrix to clarify when storage charges apply at port facilities. This led to the adoption of Resolution ANTAQ 112/2024.

New rules

The new decision outlines specific criteria to guide when demurrage charges are appropriate. The goal is to prevent abusive practices and improve efficiency in the port sector.

“We are not ruling out demurrage charges, as they are legitimate,” said Takafashi. “What we are rejecting is the abusive application of these charges in specific situations.”

The following criteria will be used to assess whether a charge is appropriate:

• Charges should only apply when the use of containers beyond the free time results from the user’s interest, choice, or fault, or when the event causing the delay falls under the user’s business risk.
• Charges are only justified when the delay beyond the free time is due to the user’s interest, voluntary decision, or responsibility, or when the delay stems from risks inherent to the user’s business.
• Charges are not permitted when the delay is caused by actions or omissions of the carrier or its agents, the logistics operated by the maritime carrier, or when the cause of the delay falls under the business risk of the carrier, the empty container depot, or the port terminal.
• Demurrage fees cannot be charged if the return of containers is hindered due to the carrier’s logistics structure, actions, or omissions, or if the delay stems from operational risks borne by the carrier, port terminal, or empty container depot.

Fonte: Antaq