NEW REGULATORY FRAMEWORK OF PORTS – DECREE HAS JUST BEEN PUBLISHED

It was published on last June 28th in the Official Gazette of the Federal Executive the Decree No. 8,033, of June 27, 2013, which regulates the Law No. 12,815, of June 5, 2013.

According to the Article 9 of the Decree, in bidding for leases and concessions, will be used as criteria for judgment, either alone or combined, the greater handling capacity, the lowest rate or shorter cargo handling.

It should be adopted the minimum of thirty days for the submission of proposals, counted from the date of publication of the notice (Article 11). It will be up to “ANTAQ” to convoke, at least ten business days in advance a public hearing which should occur at least 15 days before the date scheduled for publication of the notice.

It is important to emphasize that the concession and lease will have a term of up to twenty-five years, renewable once for a period not exceeding the originally contracted following the orientation of the grantor (art. 19).

Authorizations – the authorizations for port facilities (private use terminal, railway cargo transshipment, small public port facility and terminal tourism) should be requested at “ANTAQ”.

The instrument of public announcement for installation of terminal by initiative respectively, of the grantor and the private interest, will necessarily have to meet the following parameters:

  • Øgeographic region where the port facility will be located
  • Øprofile of the loads to be handled
  • Øthe estimated volume of cargo or passengers to be moved (art. 27)

All tenders submitted during the period of call or public announcement who are in the same geographic region should be combined in a single procedure and analyzed together, regardless the type of load.

Closed the calling process or public announcement, the grantor will examine the feasibility of rental proposals, as well as its compliance with the guidelines of the planning and public policy of the port sector (art. 30).

Two or more terminals could be installed in the same geographic region, since it does not generate operational impediment to any of them.

NOTE: “ANTAQ” – is the National Agency for Waterway Transportation in Brazil.