ANTAQ Establishes Criteria for Identifying Responsible Agent for Additional Cargo Storage at Port Facilities

On March 13, 2024, the National Agency of Waterway Transportation (“ANTAQ”) published ANTAQ Resolution No. 112/2024 (the “Resolution”) in the Official Gazette, establishing criteria for identifying responsible agents for additional cargo storage, as well as services and costs arising at port facilities.

A risk matrix attached to the Resolution considers the risk inherent to the activity carried out by each agent, so it must be used to determine the specific case to identify the agent responsible for additional storage, services and costs.

• Delay in the entry of cargo at the port facility
  
  Trade and cargo logistics (user) will be responsible when the causes are (i) a truckers' strike; or (ii) problems with road logistics, such as accidents and congestion.
  
  The port facility will be responsible when the cause is the logistical management of the terminal gate.

• Delay in shipping the already stored cargo
  
  Trade and cargo logistics (user) will be responsible when the causes are (i) strike or other employee action of the Federal Revenue or other intervening bodies; or (ii) action by the public administration (e.g., customs and sanitary restrictions) or non-shipment by user decision.
  
  The port facility will be responsible when the causes are (i) technical problems at the port facility; (ii) unavailability of berthing facilities; or (iii) cutting of cargo by decision of the port facility.
  
  The Port Operator will be responsible when operations take place in the common infrastructure of the organized port, and the causes are (i) technical problems of the port operator; or (ii) reduction of cargo by decision of the port operator.
  
  The Maritime Carrier will be responsible when the cause is based on adjustments in commercial management, such as overbooking and reduction of cargo.
  
  The Effective Maritime Carrier will be responsible when the causes are (i) technical problems on the vessel; (ii) omission of scale or abrupt interruption of the vessel's entry operation, including when caused by problems of access to the port channel; or (iii) delay in the vessel's arrival at the port, due to factors such as nautical management, technical problems, and accidents.

• Delay in collecting cargo from the port facility
  
  Trade and cargo logistics (user) will be responsible when the causes are (i) truckers' strike; (ii) action by the public administration (customs and sanitary restrictions); (iii) strike or other movements by employees of the Federal Revenue or other intervening bodies; or (iv) problems with road logistics, such as accidents and congestion.
  
  The port facility will be responsible when the cause is based on technical problems at the port facility.
  
  The Port Operator will be responsible when the cause is based on the port operator's technical problems, provided that the operations took place on the common infrastructure of the organized port.

The criteria established by the Resolution are not exhaustive, and ANTAQ's Board of Directors must decide on any omitted cases.

Finally, the Resolution amends (i) ANTAQ Resolution No. 62/2021 so that a responsible one who does not bear the costs and services of additional storage will be subject to a fine of BRL 100,000, considering the risk inherent in the activity they carry out; and (ii) ANTAQ Resolution No. 75/2022, that undue charging for additional storage will be subject to a fine of BRL 250,000.

ANTAQ Resolution No. 112/2024 will come into force on April 1, 2024.