Brazil’s Waterborne Transport Agency deliberates on port concessions

Brazil’s National Waterborne Transport Agency (Antaq) is seeking to amend two key regulations on concession contracts in public ports. To gather feedback from the public, the agency conducted a public hearing, which saw participation from seven stakeholders, five of whom spoke during the session.

Proposed Changes

Antaq is targeting modifications to Resolutions 85/2022 and 61/2021. The proposed amendments were outlined by Port Regulation Manager Sandro José Monteiro. He noted that the changes to Resolution 85/2022, which addresses leasing and concession contracts in organized ports, will primarily affect tenant companies.

The amendment lays out specifications for concession contract reviews, makes clear Antaq’s jurisdiction to evaluate and discuss contract recalibration, and outlines the goals of these reviews (apart from tariff reviews).

While allowing Antaq to propose changes, it also recognizes the legitimacy of the normative decrees made by the granting authority, particularly concerning the merits and rebalancing of contracts. The modifications also seek to enforce the agency’s solution guidelines and manuals.

Additional Amendments

The amendment to Resolution 61/2021 aims to enhance regulations for amending concession contracts, including planned investments, provided they are agreed upon with users. This change will affect port authorities, area operators, port operators, and shipowners.

“We worked directly with Resolution 61, which deals with port tariffs, to include a chapter addressing the support framework,” Monteiro explained.

With the waterborne industry’s support, Resolution 61/2021 introduces changes related to the definition and review of concession parameters. “We have now formalized these terms in our model, defining them more clearly and giving further information on the flexibility of the standards,” he added.

Antaq Director Alber Vasconcelos, the process rapporteur, emphasized the agency’s pioneering role in introducing the proposal mechanism to the waterway sector.

The deadline for submitting contributions is June 19th. Interested parties can review the proposals and submit suggestions via the provided email address.

Port Infrastructure

According to Antaq, Brazil’s port infrastructure extends from Rio Grande (Rio Grande do Sul) to Manaus (Amazonas), traversing Brazil from north to south. It comprises 34 organized ports, 216 private terminals (TUPs) in operation, 152 leased terminals in public ports, and 355 registered facilities.

Source: A Tribuna

Click here to read the original news report: https://www.atribuna.com.br/noticias/portomar/antaq-discute-mudancas-em-concess-es-portuarias-1.422618

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