Antaq advances Port of Santos tariff review

Brazil’s National Waterway Transportation Agency, Antaq, has completed the technical review of an extraordinary tariff revision for the Port of Santos.

The proposal, submitted by the Santos Port Authority (APS), was approved by Antaq’s technical staff and sent to the agency’s collegiate board, its highest decision-making body, for a final ruling.

“The process is in its final stage at the agency and has already been assigned to a rapporteur, who is expected to place it on the agenda for review and deliberation by the collegiate board,” Antaq said in a statement.

Once Antaq reaches a decision, the Ministry of Finance and the Ministry of Ports and Airports must be formally notified.

“Final approval and publication of the new tariff schedule will take place after all legal and administrative steps and deadlines have been completed,” the agency added.

Current discount remains in place

Until a final decision is issued, a 34.6% discount ordered by Antaq in September 2025 remains in effect on one of the tariffs charged by APS to port operators.

The charge, known as Tariff Table 3, applies to the use of operational and landside infrastructure at the Port of Santos.

Antaq imposed the discount after determining that APS had not carried out the works tied to more than R$600 million collected through the tariff between 2022 and 2024.

The reduction lowered the charge from R$28.06 to R$18.35 per container, a cut of R$9.71. The fee applies to containers moved between vessels and storage facilities, or the port boundary, in either direction.

APS says it complied with Antaq’s order

APS said that after Ruling No. 559/2025 was published, it filed the appropriate administrative appeals and applied the tariff reduction ordered by Antaq. The discount has remained in place since September 2025.

“So far, there has been no new administrative or judicial decision changing this situation,” APS said in a statement.

On the extraordinary tariff revision, APS said the process is in its final stage at Antaq.

“The technical review has already been completed, and the case is awaiting deliberation by the agency’s collegiate board. So far, there is no final decision or official definition of the new tariff amounts, which will be released after the board issues its decision,” APS said.

Review focuses on tariff caps

Antaq said the review is not about commercial discounts. From a regulatory standpoint, it is intended to define new maximum charges, or tariff caps, for the port’s tariff categories, covering Tables 1 through 4.

The final amounts in the new tariff schedule will depend on the port’s ability to generate revenue and on its operating costs. Those assumptions will be assessed by the collegiate board before a final decision is made.

The agency also said the review is centered on the investment commitments made under the previous tariff cycle and how much of that work was actually carried out, both physically and financially.

“The technical analysis assessed the impact of those investments in order to support the restoration of the operation’s economic and financial balance, with the goal of ensuring that the tariff structure reflects the investments effectively delivered to port users,” Antaq said.

Port operators decline to comment

The São Paulo State Port Operators’ Union, Sopesp, which filed the complaint against APS over the use of tariff revenue, was also contacted.

The union had sought a full suspension of the charge. In a statement, Sopesp said it “will not comment at this time, considering that the matter is under discussion in the administrative sphere and before the courts.”

How the discount was calculated

In April 2021, APS approved an investment schedule to be funded with revenue from Tariff Table 3.

The plan covered four projects: perimeter roads on the port’s right bank, in the Alemoa area, and on the left bank, in a second phase; improvements to access to Ilha Barnabé; and the restoration and shoring up of Warehouses 1 through 11.

In November 2021, the investments, totaling R$936 million, and their deadlines were formally established. The works were due to begin by November 2025 and be completed by November 2028.

APS later submitted a revised schedule, changing the scope of the projects and indicating that only 65.4% of the approved investment volume would be completed within the original deadline.

As a result, then-Antaq director Flávia Takafashi set the discount on Tariff Table 3 at 34.6%, equivalent to the portion of the investment commitment that APS was not expected to deliver on time.

Source: A Tribuna

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