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ANTAQ approves its Regulatory Agenda for the 2018-2019 biennium

Infrastructure and Energy

The National Agency of Waterway Transportation (Agência Nacional de Transportes Aquaviários – "ANTAQ") published, on July 10 2018, the approval of its Regulatory Agenda for 2018-2019 ("Regulatory Agenda"), available at this link, in Portuguese only.

The Regulatory Agenda covers four topics: inland navigation, maritime navigation, port facilities and other general topics. 

With respect to inland and maritime navigation, most of the topics in the Regulatory Agenda were already in the agenda for the previous biennium, except for the topic regarding the need for a review of the economic-financial condition of companies in order to be able to maintain their authorization to operate in maritime and support navigation.

The Regulatory Agenda maintained, from the previous agenda, the following topics with respect to maritime navigation:

(i) the revision of the charter rule for inland navigation, which had been expected ever since Normative Ruling No. 1/2015-ANTAQ was issued and which revised charter rules for other types of navigation; 

(ii) the rules for transportation of dangerous goods in inland navigation, which is awaiting regulation by ANTAQ;

(iii) the chartering of offshore support vessels by companies that are not authorized to operate as Brazilian Shipping Companies (Empresas Brasileiras de Navegação - EBNs), which is an old demand of the oil industry and which is an important topic for this sector; and

(iv) the regulation of activities defined as engineering works in the navigation of offshore support, which is part of an old debate with ANTAQ and which has a significant impact on companies that carry out maritime or submarine engineering works, such as PLSV, RSV and MPSV. 

With respect to port facilities, we highlight the following:

i) issuance of rules that regulate the collection of port fees by users who do not dock in public ports, which may potentially impact the collection of fees and the operation of Private Use Terminals (Terminais de Uso Privado - TUPs) in Brazil; and

ii) the definition of concepts and indicators for the provision of services in public ports and port facilities, which could be reflected in a new rule that may potentially impact the work of lessees of public ports and those authorized to operate TUPs.

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