As from Monday, September 23, 2013, any interested party may provide suggestions on the new wording of the ports related Resolution that will deal with the procedures for granting authorizations to build, exploit and expand Private Use Terminals, Freight Transshipment Stations, Small-sized Public Port Facilities and Tourism Port Facilities through the public consultation sponsored by the Brazilian Agency for Waterway Transportation (“ANTAQ”).
Pursuant to the Notice of Public Hearing no. 05/2013 (“Public Hearing”), ANTAQ invited port services users and agents to submit their suggestions for the proposed regulation (“Proposal”) contemplated by Resolution no. 3066/2013 (“Resolution 3066”) published on September 20, 2013, in the Official Gazette of the Union.
The Proposal regulates some of the most important changes resulting from the Ports Act (Law no. 12815/2013) and its Regulating Decree (Decree no. 8033/2013), such as:
- Application form and documents required in order to build, exploit and expand port facilities;
- Procedures relating to the Public Notice, Public Invitation and Public Selection Process;
- In a specific chapter concerning authorizations, the Proposal deals with the following: (a) Deed of Adhesion; (b) Operation Authorization Form; (c) Emergency Operation; (d) Access on Emergency Basis; (e) Transfer of Title to the Authorization and Change in Shareholding Control; (f) Change in Freight Profile; (g) Capacity Increase; (h) Expansions, to be regulated in another ruling issued by the concession granting authority, but already prohibiting the expansion of port facilities within the polygon of an organized port resulting in increase of the area of the property and/or relevant water space; and
- Suggestion on how to adapt the ports related contracts currently in effect.
Finally, some important innovations contained in the Proposal refer to the possibility of dividing touristic port facilities into different categories, express permission for shared use of public berthing infrastructure and waiver of authorization for exploitation of terminals to be used solely for building and fixing vessels with up to 1,000 tons of deadweight.
The Public Hearing will take place from September 23, 2013, to October 22, 2013. Written contributions should be sent by 5:00 p.m. on October 22, 2013, using the electronic form available on ANTAQ’s website (www.antaq.gov.br). The Face to Face Hearing will be held on October 9, 2013, from 3:00 p.m. to 6:00 p.m., at the headquarters of the agency, in Brasília/DF.
Observations in this update about Brazilian law are by Tauil & Chequer Advogados. They are not intended to provide legal advice to any entity; any entity considering the possibility of a transaction must seek advice tailored to its particular circumstances.