Antaq opposes self-regulation plan in new port legislation proposal

The National Waterway Transport Agency (Antaq) has raised concerns about a potential “regulatory blackout” if a new Ports Law is sanctioned. “If Bill (PL) 733 is approved and becomes law, it will be regulated by a decree that repeals Federal Law 12,815/2013. In this case, all of Antaq’s regulatory acts would lose validity. Instead of a repeal, we advocate for a transition,” said Antaq director Alber Vasconcelos.

He shared his opinion this Wednesday (20) during a special committee session in the Chamber of Deputies that is debating Bill 733/2025. As part of its work, the group held a public hearing in Brasília focused on reducing bureaucracy in the port sector through the new law.

Another concern raised by Antaq is the proposal for self-regulation, through the creation of a Self-Regulation and Conflict Resolution Commission for the Port Sector. “This would significantly affect the security of lease contracts for public port areas. These are contracts lasting 25 or 35 years. We view this with great caution,” Vasconcelos emphasized, advocating instead for stronger regulatory agencies.

Less bureaucracy

Leaders representing wet and dry port operators reiterated calls during the hearing for specific regulations and simplified procedures for contract processing and environmental licensing. Murillo Barbosa, CEO of the Private Port Terminals Association (ATP), called for revisions to the procedures for environmental and property licensing. “Our biggest problems occur after the adhesion contract is signed, because we then have to deal with licensing processes. While the concession process may take eight months, environmental and property licenses can take up to eight years.”

The imposition of deadlines was supported by Sérgio Aquino, president of the National Federation of Port Operations (Fenop). “Deadlines are essential to reduce bureaucracy in the processes and requirements faced by operators. Most of our regulations do not include mandatory timeframes,” he said, also calling for more autonomy for port authorities through “decentralization of powers.”

Contract duration

Jesualdo Silva, president of the Brazilian Association of Port Terminals (ABTP), called for specific and clear rules ensuring that contracts can be extended to the maximum 70-year limit. “Today, the bill states that it is up to the granting authority to determine whether it is advantageous to extend the contract, which creates legal uncertainty for investors.”

He also requested guarantees regarding the extension of 25-year administrative contracts for an additional 25 years. “Although the extension is foreseen, it’s not guaranteed that the operator will receive it.” In addition, he urged a review of the requirement for the Technical, Economic, and Environmental Feasibility Study (TEA). “This creates legal insecurity, as the government must authorize the EVTEA before the operator can proceed with new investments,” he said.

Mario Povia, CEO of the Brazilian Institute of Infrastructure (IBI), made several suggestions during the meeting, including defining strategic ports, distinguishing between the vertical integration of ports and industries, overseeing dredging vessels, and proposing an alternative framework for authorizing Private Use Terminals (TUPs).

Federal deputy Arthur Maia (União-BA), the bill’s rapporteur, summarized the proposal as having two key elements: decentralization, aimed at giving ports more autonomy to make efficiency-driven decisions, and reducing bureaucracy. “Both seem complementary to me: decentralization and debureaucratization must go hand in hand,” he said.

Next steps

The motions submitted were approved as a group and will proceed to review by the committee members. The next extraordinary meeting is scheduled for Wednesday, the 27th, at 2:30 p.m. Ports and Airports Minister Silvio Costa Filho has been invited to attend the hearing, although his presence has not yet been confirmed. The special committee in the Chamber of Deputies was formed on July 9 and is expected to vote on the proposal by the end of the year. The bill is subject to a conclusive vote by committee members and, if approved, may proceed directly to the Senate. Eleven public hearings are planned.

Source:  A Tribuna

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