ANTAQ to review regulations on temporary contracts for use of ports and respective facilities

The consultation/public hearing for the regulation of temporary use contracts was approved by ANTAQ earlier this month. With a period of 15 days, the public consultation, which starts on the 22nd, aims to gain subsidies to improve the regulations governing the contracting of port areas for temporary use as well as facilities located at organized ports amongst other issues.

The Agency’s draft standard amends the standard contained in the Annex to ANTAQ Normative Resolution No. 7, of May 31, 2016, and complies with the provisions of Decree No. 10.672, of April 12, 2021. By the proposed regulation, the administration of the port may agree with the person interested in the movement and storage of cargo with an unconsolidated market in the port, the temporary use of port areas and facilities located in the polygonal area of ​​the organized port, dispensing with bidding.

It will be up to the port administration to publish, in advance, the list of areas and port facilities available for temporary use, and the area subject to a temporary use contract must be compatible with the PDZ approved by the granting authority.

The administration of the port must also provide, within its tariff structure, the modalities aimed at remunerating the temporary use of port areas and facilities, proposing to ANTAQ the establishment of the respective values.

In the event that there is more than one interested in the use of port areas and facilities and there is no physical availability to allocate all those interested at the same time, the administration of the organized port will promote a simplified selection process, observing the principles of isonomy and impersonality to choose the best project meet the public interest and the port.

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