The National Waterway Transportation Agency (ANTAQ) published, on 22/10/2014, the Public Hearing Notice Nº 3, aiming to obtain additional subsidies and information for enhancement of the resolution draft published by Resolution no. 3707. 

The resolution draft regulates the performance of port services and the exceptional use of areas and port facilities granted, leased, or authorized (administered) on non-discriminatory basis. 

According to the resolution draft, any interested party may, on an exceptional basis, enter into a contract for the use of port areas and facilities exploited by the parties subject to the administrative power of the State, ensuring an appropriate remuneration to the contract owner.  

The port services exploited by the parties subject to the administrative power of the State shall be provided to the users on a non-discriminatory basis, abiding by parameters of performance of appropriate service contained in the relevant legislation and in the concession, lease and adhesion agreements.  

ANTAQ may determine certain obligations to the parties subject to the administrative power of the State, once observed any existing operational and technical limitations, in the event of: 

a) unlawful  refusal of performance of service; and 

b) discriminatory or abusive  pricing policy, port or service tariffs.   

The resolution draft stipulates that the disputes resolution between the lessees and users shall be by arbitration of the Port Administration; the Port Administration and other agents operating at the organized port shall be by ANTAQ´s arbitration, and between the authorizing party and those interested in accessing the authorized port facilities shall also be by means of  ANTAQ's arbitration. 

The parties subject to the administrative powers of the State shall annually send to ANTAQ the prices and tariffs effectively applied to their contracts so as to afford ANTAQ ´s monitoring and control. 

The discipline relative to the access to and use of maritime terminals of oil and byproducts thereof shall be according to the regulations of the National Agency of Petroleum, Natural Gas, and Biofuels  -  ANP. 

The public hearing shall be effective October 23rd, 2014 through November 11th, 2014.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.