On April 12, 2021, Decree 10,672 was published, amending some of the provisions pertaining to Decree 8,033/2013, which regulates Law 12,815/2013 (Ports Law), and providing for the public call regarding the use of port facilities in organized ports and introducing temporary use contracts.
Among the provisions amended are the procedures for public calls related to the lease of port facilities within the polygonal of the organized port were regulated, dismissing bids in cases in which the existence of a single interested party in the area’s use is verified.
Regarding the terms of concessions and lease contracts, the periods of validity have been revised, with a port concession now having a term of up to 70 years, including the original concession and all of its extensions, and the lease of port facilities now having a term of 35 years, which is extendable up to a limit of 70 years.
The temporary use contract was also provided for interested parties in cargo handling, with an unconsolidated market for the temporary use of port areas and facilities located within the polygonal of the organized port, with dismissal of prior bidding.
For more information related to this legal update, please contact our Ports and Maritime group.