Santos port authority appeals Antaq ruling on 34.6% tariff cut

The Santos Port Authority (APS) has filed an appeal against a decision by the National Waterway Transport Agency (Antaq), which ordered a 34.6% across-the-board discount on tariffs under Table III at the Port of Santos.

As A Tribuna reported on the 11th, the measure had been imposed by the regulator after a complaint by the São Paulo Port Operators Union (Sopesp), which questioned the failure of the state-owned company to complete promised works.

The appeal, filed on Thursday, was in the form of a motion for clarification. This legal tool is used when a party believes a decision contains omissions, contradictions, or unclear points that need clarification. In the petition, APS argued that Antaq’s decision has flaws on key issues and asked the agency’s board to review the terms of the ruling.

Table III refers to tariffs charged for the use of land infrastructure at the Port, such as yards and access roads. The revenue from this table is intended to fund investments in works and improvements in these areas. Precisely because part of the planned works was not carried out, Antaq required the Port Authority to apply the discount until the conclusion of the extraordinary tariff review underway.

Arguments

Among the arguments presented in the appeal, APS questioned the scope of the discount, stating that the measure did not make clear whether the reduction benefits only Sopesp members or all port users. The state-owned company also challenged the immediate application of the measure, claiming that Antaq’s own rules establish a minimum period of ten days before any tariff change can take effect.

Another point raised by the Port Authority was the “lack of justification regarding Antaq’s authority to unilaterally impose tariff discounts.” According to APS, the decision set a percentage without basis in tariff methodology.

The company also argued that the unexecuted investments would correspond to about 8% of tariff value, not the 34.6% set. It also noted that it had already adopted relief measures, such as not applying adjustments based on the Broad National Consumer Price Index (IPCA) accumulated since 2021, as well as commercial discounts and incentive factors.

“The sum of these elements shows that, even before the imposition of the 34.6% discount, APS was already granting reductions equivalent to approximately 36% (20.5% from not passing on inflation, plus 8% in existing discounts and about 8% from the Port Efficiency and Sustainability Index — IESP),” the company said, arguing that the regulator’s determination imposes a duplication of discounts.

In the appeal, the company requested a suspensive effect of the decision until a final ruling by Antaq’s board. APS estimates that, between September and December 2025, the measure would reduce its revenue by R$29.1 million, undermining investments and covering current expenses. If the request is not accepted, the state-owned company asked that Sopesp members be required to deposit in court the amounts corresponding to the discount, as collateral.

In a statement, Antaq explained that Decision 559-2025 applied a 34.6% across-the-board discount on tariffs “until the extraordinary tariff review, currently underway at the Agency, is completed.” Once the review is finished, “new tariff values for the Port of Santos will be proposed, with APS’s agreement, and approved by the agency’s board.”

Revenue reduction

Table III charges are intended to fund investments in works and improvements. As part of the planned works was not completed, the Santos Port Authority (APS) was required by Antaq to grant the discount. APS estimates that, between September and December 2025, the discount will reduce its revenue by R$29.1 million, lowering Table III revenue from R$76.4 million to R$47.3 million, compromising investments, operating expenses, and the company’s financial sustainability.

Source: A Tribuna

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