Brazil’s Antaq Upholds Suspension of APS Deals Amid Santos Terminal Tender Concerns

The National Waterway Transportation Agency (Antaq) has decided to maintain the precautionary measure issued in February that prevents the Santos Port Authority (APS) from signing new transitional contracts for areas on the Saboó quay.

The decision, which keeps the agreements suspended, was published at the end of last month and was motivated by the risk that temporary occupations could jeopardize the auction for the Santos 10 Container Terminal (Tecon Santos 10), scheduled for December.

The regulatory agency requested an analysis from the Ministry of Ports and Airports (MPor) on the matter and will only deliberate again after receiving its opinion.

The issue under discussion concerns two Simplified Selection Procedures (PSS) carried out by APS earlier this year, which allowed two companies to occupy the SSZ 35.2 area (28,700 square meters) and the SSZ 39 area (24,400 square meters), both adjacent to the Ecoporto terminal in Saboó.

The case’s rapporteur at Antaq, director Wilson Lima Filho, argued that there were technical and legal grounds to lift the suspension and release the contracts.

He noted that no irregularities were identified in the bidding notices and that the simplified procedures did not violate the principles of legality, free competition, or equal treatment. Even so, he requested MPor’s formal statement before releasing the contracts.

Director Flávia Takafashi agreed on hearing the MPor’s opinion but disagreed with revoking the precautionary measure.

She stated that Antaq should proceed with greater caution after the Ministry’s response.

According to her, “the main public interest to be protected at this moment is ensuring the viability of Tecon Santos 10.”

She emphasized that “every possible effort must be made to avoid any problems with temporary leases in the targeted area that could hinder the installation of the future terminal.”

Flávia also pointed out that those areas have a history of issues related to temporary occupation — including low productivity and difficulty in vacating the sites after contracts end.

She also mentioned the need to assess the financial capacity of interested companies properly and noted that port operations are ongoing in the area, so it is not idle.

The other directors — Alber Vasconcelos, Caio Farias, and Frederico Dias — voted in agreement with her.

Background

The precautionary measure suspending the contracts was granted in February at the request of Set Port Logística Ltda., represented by Ruy de Mello Miller Advogados.

The company claimed it had been excluded from the selection process due to requirements it considered restrictive and lacking technical justification.

It also criticized what it called “disproportionate” requirements, such as guarantees and proof of experience typical of long-term lease contracts, being applied to 180-day agreements.

According to Set Port, the set of requirements and limitations artificially reduced competition, resulting in bidding rounds with virtually no competition.

The company also noted that the notices did not include a variable compensation clause linked to the Minimum Movement Requirement (MME), which could lead to underutilization of the areas.

In documents submitted to Antaq, APS defended the contracts, arguing they ensure the “full occupation and effective operational use” of the Saboó areas, which had been underutilized.

The state-owned company also stated that the transitional contracts could partially and occasionally use berth CS-04, located in the same quay section and currently operated by Ecoporto.

According to APS, such sharing would follow technical and operational criteria, allowing simultaneous vessel docking at the Saboó quay without affecting existing operations.

Statements from the Port Authority and the Ministry

In response to A Tribuna, APS said the goal of promoting temporary contracts is to ensure the full use of port areas and “avoiding economic, financial, and social losses resulting from idleness.”

The Port Authority added that these areas are strategic for key production chains, and their temporary use “preserves jobs, keeps regional economic activity moving, and ensures revenue for the Port until long-term concessions are awarded.”

APS stated it respects Antaq’s decision to maintain the suspension but believes that such matters “could fall within the scope of the Port Authority’s competence,” which is responsible for managing the quay and ensuring cargo operations.

“This is, in fact, an important issue to be discussed during the ongoing review of the Ports Law,” said APS president Anderson Pomini.

Regarding Tecon Santos 10, APS argued that temporary contracts in adjacent areas do not hinder the new container terminal project.

“On the contrary, short-term cargo movements help prevent logistical bottlenecks and ensure greater efficiency until the terminal’s definitive implementation,” Pomini said.

Regarding Set Port’s allegations, APS stated that the design of the transitional contracts strictly follows technical, legal, and regulatory criteria, ensuring fairness, competitiveness, and public interest.

“The established conditions are not restrictive, but rather necessary to guarantee proper contract execution, operational sustainability, and the protection of public assets.”

APS emphasized that it awaits Antaq’s decision urgently so the quay can be utilized, even temporarily.

The Ministry of Ports and Airports (MPor) told A Tribuna that it is closely monitoring developments related to selection processes PSS 01/2025 and 02/2025 and that its role is to ensure any actions “are in line with the public interest and sectoral policy, particularly regarding legal certainty and the progress of major projects such as Tecon Santos 10.”

Source: A Tribuna

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