Antaq contemplated the main changes brought in by Decree No. 9,048/17 in relation to private port terminals (TUPs) in Normative Resolution No. 20/2018, published in May of this year, and revoked the previous resolution on the subject (Resolution No. 3,290/14).
Published in May of last year, Decree No. 9,048/17 amended the provisions of Decree No. 8,033/13, thereby introducing substantial changes to the regime applicable to public and private port terminals. With the objective of promoting immediate investments in the maintenance, construction, and modernization of Brazilian port terminals, some new mechanisms were provided for the benefit of potential private investors in order to give greater legal certainty to investments in the industry.
To that end, the decree relaxed industry regulations and debureaucratized some operating rules applicable to public and private terminals, which imposed a series of restrictions on the ordinary operations of tenants and authorized agents.
Due to the process of inspection of acts arising from Decree No. 9,048/17, currently in progress before the TCU, there were doubts as to the applicability of some provisions brought in by the decree. However, in May of this year, Antaq spoke on the changes regarding private terminals by contemplating them in its regulations.
The table below summarizes the main changes brought about by Decree No. 9,048/17 and contemplated in Normative Resolution No. 20/2018.
|Matter||Original provision of Resolution No. 3,290/14||Normative Resolution No. 20/2018|
|Change in the corporate control of the authorizing agency||It was subject to mere reporting to Antaq within 30 days of the occurrence of the transaction.||Depends on prior approval of Antaq.|
|Expansion of area through addendum to the adhesion contract (no need for new authorization)||
It provided for the possibility of expanding the area of the port facility, located outside the organized port, provided that it did not exceed the limit of 25% of the original area of the terminal and the locational feasibility of the expansion was verified.
The words "located outside the organized port" and "not exceeding twenty-five percent of the original area" have been deleted. The locational viability requirement was maintained.
If the intended expansion does not require a new locational feasibility study, approval of the MT is waived.
|Increased traffic and/or storage capacity of the terminal||Subject to prior approval of the Ministry of Transport (MT).||Subject to mere reporting, 60 days in advance, to Antaq and the MT.|
|Initiation of the port operation||It should occur within up to three years, counted from the conclusion of the adhesion contract, renewable once, for the same period, at the discretion of the MT||
It must occur within 5 years, counted from the conclusion of the adhesion contract, at the discretion of the MT.
The words “renewable once" and "for an equal period" were deleted.