NORMATIVE UPDATES
- Law No. 15,075/2024 was sanctioned, seeking to encourage the shipbuilding industry and create jobs in Brazil. Among other provisions, this law provides for accelerated depreciation for tankers manufactured in national shipyards and used in cabotage, thus reducing the tax burden of benefited companies.
- ANTAQ approved Normative Instruction No. 1/2024, which regulates the methodology for counting the deadweight tonnage of Brazilian vessels owned by the Brazilian shipping company, which guarantees the right to charter foreign vessels, with flag suspension, regardless of authorization, to operate in cabotage navigation, inland navigation on national routes and maritime support navigation.
- • Brazil's National Energy Policy Council (CNPE) approved CNPE Resolution No. 15/2024, which establishes minimum local content rates for the construction of new tankers in Brazil. The resolution establishes an overall minimum rate of 50%, including goods produced and services provided in Brazil during the execution of the construction contract.
- ANTAQ has started the process of Public Hearing No. 18/2024, with the period for contributions until February 23, 2025, in order to obtain contributions on the modeling and documents for the concession of the Paraguay River Waterway.
- ANTAQ has approved the 2025-2028 Regulatory Agenda and the 2025-2028 Multi-Year Study Agenda. The Regulatory Agenda has 16 themes, four of which refer to inland navigation, six to maritime navigation and six to port facilities. The Study Agenda has 28 studies and projects, including: the condition of land and waterway accesses to public ports; the economic impact, effectiveness and comparative analysis for defining penalties for inland navigation; and the characterization of bunkering services.
RECENT, RELEVANT DECISIONS OF ANTAQ'S BOARD OF DIRECTORS
- Ordinary Meeting of ANTAQ's Board of Directors No. 570
(December 12, 2024)
- Normative Instruction that regulates the methodology for accounting for the tonnage of Brazilian vessels for chartering foreign vessels: It was decided to approve the understanding contained in the Normative InstructionDRAFT GRN of the Superintendence of Regulation, regarding the accounting of tonnage attestation for the purposes of registration in the Special Brazilian Registration (REB).
- Final Report of the Study to update the estimated demand for waterway cargo transport in Useful Kilometer (TKU) in 2023, for inland navigation, cabotage and long haul inland waterways, referring to P36 project of the 2021-2024 Multi-Year Study Agenda: it was decided (i) to approve the final report of the Useful Kilometer study (TKU) in the waterway sector, for 2023, and (ii) to consider the P36 project of the 2021-2024 MultiYear Study Agenda as completed.
OTHER NEWS AND BUSINESS OPPORTUNITIES
- Transpetro expects to carry out the first contract for the fleet renewal and expansion program (TP 25) in early 2025. After opening the tender in November, the tender is currently being evaluated by a committee. The project aims to build four Handy-class ships
NORMATIVE UPDATES
- ANTAQ held Public Hearing N. 16/2024, with the period for contributions until December 26, 2024, with the aim of receiving suggestions to improve the technical and legal documents relating to the proposed revision of ANTAQ Normative Resolution No. 13/2016, which provides for the registration of waterway transport support facilities.
RECENT, RELEVANT DECISIONS OF ANTAQ'S BOARD OF DIRECTORS
- Ordinary Meeting of ANTAQ's Board of Directors No. 578
(December 12, 2024)
- Modeling for ANTAQ's definition of the Weighted Average Cost of Capital -- WACC applied to the port sector: It was decided to maintain the value of the Weighted Average Cost of Capital - WACC rate at 9.92% until December 2025 (base date between January and December 2025). In addition, it was determined that the Superintendence of Grants shall monitor the economic indicators in order to assess the conditions for adjustment in the next regulatory review, as well as study and develop new modeling options for pricing the use of areas within organized ports.
OTHER NEWS AND BUSINESS OPPORTUNITIES
- On December 12, ANTAQ approved the auction of the RDJ10 and RDJ11 terminals. The leases will be simplified and will have a term of 10 years, thus eliminating the need for a public hearing and consultation. Investments of BRL 32.57 million are estimated for RDJ10, while RDJ11 is expected to receive an investment of BRL 7 million.
- On December 18, ANTAQ held an auction to lease three port areas located in the states of Rio de Janeiro (ITG02), Amapá (MCP03) and Alagoas (MAC16). The auction raised BRL 60.5 million. The total amount to be invested in these areas over the course of the contracts is BRL 3.62 billion.
- Also within the scope of the Investment Partnership Program of
the Presidency of the Republic (PPI) are the following federal
public enterprises in the port sector:
- RDJ10 Terminal, in the Organized Port of Rio de Janeiro, State of Rio de Janeiro, which covers an area of 15,600 square meters dedicated to the handling and storage of non-containerized general cargo. The project is in the review phase of the submitted EVTEA.
- RDJ07 Terminal, in the Organized Port of Rio de Janeiro, State of Rio de Janeiro, which covers an area of 52,450 square meters dedicated to the handling and storage of general cargo and liquid bulk. The project is in the study phase.
- MCP03 Terminal, in the Organized Port of Santana, State of Amapá, which covers an area of 11,677 square meters, dedicated to the handling and storage of vegetable solid bulk, especially soybeans and corn. The Federal Court of Accounts (Tribunal de Contas da União, “TCU”), through Decision 1168/2024, established that the leasing process of terminal MCP03 can be finalized without the need for a prior manifestation by the TCU, without prejudice to the court's subsequent action in external control proceedings of another nature, if necessary.
- Waterway Access Channel of the Port of Rio Grande, State of Rio Grande do Sul. The project is in the study phase.
- STS33 Terminal, in the Organized Port of Santos, State of São Paulo, which covers an area of 51,460 square meters dedicated to the handling and storage of general cargo, of project or containerized. The project is in the study phase.
- MUC04 Terminal, in the Organized Port of Fortaleza, State of Ceará, which covers an area of 134,795 square decimeters dedicated to the handling and storage of containers. The project is in the study review phase.
- POA26 Terminal, in the Organized Port of Porto Alegre, State of Rio Grande do Sul, which covers an area of 22,052 square meters and 40 square decimeters dedicated to the handling and storage of vegetable and mineral solid bulk. The project is in the study phase.
- RDJ11 Terminal, in the Organized Port of Rio de Janeiro, State of Rio de Janeiro, which covers an area of 9,010 square meters dedicated to the handling and storage of non-containerized general cargo, especially steel products. The project is in the study review phase.
- ITG02 Terminal, at the Port of Itaguaí, State of Rio de Janeiro, dedicated to the handling and storage of minerals solid bulk. The project is currently under review phase.
- PAR03 Terminal, at the Port of Paranaguá, State of Paraná, which covers an area of 38,000 square meters dedicated to the handling and storage of mineral solid bulk. The project is in the study phase.
- PAR14 Terminal, in the Port of Paranaguá, State of Paraná, which covers an area of 51,789 square meters dedicated to the handling and storage of vegetable bulk. The project's studies are under review after a Public Consultation for submission to the TCU.
- PAR15 Terminal, in the Port of Paranaguá, State of Paraná, which covers an area of 40,603 square meters dedicated to the handling and storage of vegetable bulk. The project's studies are awaiting TCU's opinion.
- RDJ06A Terminal, in the Port of Rio de Janeiro, State of Rio de Janeiro, which covers an area of 13,700 square meters dedicated to the handling and storage of liquid bulk. The project is in the study phase.
- SSD04 Terminal, in the Port of Salvador, State of Bahia, which covers an area of 34,519 square meters dedicated to the handling and storage of containers and general cargo. The project is in the study phase.
- STS10 Terminal, in the Port of Santos, State of São Paulo, which covers an area of 463,843 square meters dedicated to the handling and storage of containerized cargo. The project is under review after public consultation.
- STS53 Terminal, in the Port of Santos, State of São Paulo, which covers an area of 87,981 square meters dedicated to the handling and storage of mineral solid bulk. The project is under review after public consultation.
- TGSFS Terminal, in the Organized Port of São Francisco do Sul, State of Santa Catarina, which covers an area of 41,171 square meters dedicated to the handling and storage of vegetable solid bulk. The project is in the study phase.
- – VDC10 Terminal, for handling and storage of liquid bulk, alumina, and hydrate, located at the Port of Vila do Conde, in the State of Pará. The project is under review for submission to the TCU.
- – VDC10A Terminal, located in the Port of Vila do Conde, State of Pará, dedicated to the exploration of an enterprise for the handling and storage of liquid bulk. The project is under review for submission to the TCU.
- STS08 Terminal, at the Port of Santos, State of São Paulo, which covers an area of 137,319 square meters dedicated to the handling and storage of liquid and gaseous bulk. The project is under review.
- Waterway Access Channel to the Ports of Paranaguá and Antonina, in Paraná. The contributions of the public consultation are under analysis by ANTAQ, MPor, and Infra S/A.
- ILH01 Terminal, in the Port of Ilhéus, State of Bahia, which covers an area of 260,668 square meters dedicated to the handling and storage of vegetable solid bulk, mineral solid bulk, and general cargo, and a passenger terminal. The project is in the study phase.
- Santos-Guarujá Tunnel, a dry connection between Santos and Guarujá, under the channel of the Port of Santos/São Paulo, through an immersed tunnel of about 860 meters in length, plus the accesses. ANTAQ has sent the studies and legal documents to the Federal Court of Accounts (TCU).
- IQI14 Terminal, in the Port of Itaqui, State of Maranhão, which covers an area of 43,404 square meters dedicated to the handling and storage of fuel liquid bulk. The project is in the study phase.
- MUC03 Terminal, in the Port of Mucuripe, State of Ceará, which covers an area of 27,200 square meters dedicated to the handling and storage of solid bulk. The project is in the study phase.
- VDC29 Terminal, in the Organized Port of Vila do Conde, State of Pará, which covers an area of 67,448 square meters dedicated to the handling and storage of vegetable solid bulk. ANTAQ approved the contributions received in a public hearing and forwarded them to MPor.
- SFS201 Terminal, located in the Organized Port of São Francisco do Sul/SC, covering 44,893 square meters intended for the handling and storage of general cargo. The project is awaiting public consultation.
- TGSFS Terminal, in the Organized Port of São Francisco do Sul, State of Santa Catarina, which covers an area of 41,171 square meters dedicated to the handling and storage of vegetable solid bulk. The project is in the study phase.
- SSB01 Terminal, located at the Port of São Sebastião, State of São Paulo, for the purpose of handling general cargo. The project is in the study phase.
- VDC04 Terminal, located in the Organized Port of Vila do Conde, state of Pará, covering 32,357 square meters intended for the handling and storage of mineral solid bulk. In April 2024, ANTAQ held a public hearing aimed at receiving subsidies and suggestions for the improvement of technical and legal documents related to the holding of a bidding process for the lease of the terminal.
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