ANTAQ Updates Rules for Use of Port Areas with New Resolution

The National Waterway Transportation Agency (ANTAQ) has approved a new resolution updating the rules for exploiting areas and facilities within organized ports’ boundaries. Resolution No. 127-ANTAQ was approved during the 584th Regular Meeting of the Board of Directors and will take effect on May 1, 2025. It replaces the previous regulation that had been in force since 2016.

The update is part of the 2022–2024 Regulatory Agenda and involves broad sector participation. In total, 241 contributions were received, of which 51 were fully incorporated and 19 partially incorporated.

According to the reporting director, Wilson Lima Filho, the new regulation responds to demands for improvements in procedures related to the use of port areas. It seeks to regulate new management instruments, expanding how these spaces can be occupied and organized.

Main Changes

Resolution No. 127-ANTAQ introduces innovations that formally regulate practices already used in ports. Key points include:

• Contract for the use of the water surface area, addressing the occupation of water areas within the port boundary; • Occasional public use, intended for one-off, non-exclusive operations with payment of a fee; • Continued public use, allowing the use of the area for up to 180 days, with the possibility of extension based on the port administration’s decision.

Additionally, in accordance with Law No. 14,133/2021, the duration of transitional contracts has been extended from 180 days to up to one year. This instrument and the updated version of the passage contract represent advances introduced by the new regulation, providing greater legal certainty for port operations.

From now on, all passage contracts may only be executed or renewed after ANTAQ has reviewed them prior, reinforcing regulatory oversight and monitoring.

The regulation reaffirms tariffs, freedom, and free competition, with ANTAQ overseeing and inspecting abusive practices.

Port administrations must now publish an updated list of available areas on their websites, including those on the water surface. The Agency will also improve the forms and documents required for authorization requests to expedite and standardize processes.

The effective date was set for May 1 to ensure a smooth transition. Until then, ANTAQ will provide explanatory materials and carry out guidance initiatives for operators, port administrations, and other users. The goal is to support adaptation to the new rules and ensure the efficient application of the new guidelines.

Source: National Waterway Transportation Agency (ANTAQ)

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