The National Agency for Waterway Transportation (ANTAQ) launched two public consultations designed to improve regulation on ANTAQ’s assessment procedures for cabotage navigation and container demurrage charges. They comprise ANTAQ’s 2020-2021 Regulatory Agenda.



The National Agency for Waterway Transportation (ANTAQ) launched two public consultations related to ANTAQ’s 2020-2021 Regulatory Agenda, specifically, the strategic theme on maritime navigation, which can be monitored at this ANTAQ dashboard. They are designed to improve regulation on ANTAQ’s assessment of market competition within cabotage navigation operational agreements (Public Consultation n. 12/2021), and on ANTAQ’s assessment of potential abuses of container demurrage charges (Public Consultation n. 13/2021).

Public Consultation n. 12/2021

Public Consultation n. 12/2021 seeks to collect public contributions on the improvement of regulation related to cabotage navigation operational agreements between Brazilian Navigation Companies (EBNs, in the Portuguese acronym), and the specific information from those agreements that must be submitted to ANTAQ in order to assess market competition. The Public consultation comprises ANTAQ’s 2020-2021 Regulatory Agenda (item 2.1).

The public consultation goals include the promotion of mechanisms that facilitate the entry of new players in cabotage navigation in Brazil, as ANTAQ intends to simplify the required information on agreements such as Slot Charter Agreements (SCA), Slot Exchange Agreements (SEA), and Vessel Sharing Agreements (VSA).

Public contributions can be submitted through ANTAQ’s website until July 28. A regulatory impact analysis and the contribution form can be accessed at that website.

Public Consultation n. 13/2021

Public Consultation n. 13/2021 aims at collecting public contributions on the development of a methodology to assess potential abuses of container demurrage charges, imposed on cargo that exceeds a given free period of time at a port terminal. It comprises ANTAQ’s 2020-2021 Regulatory Agenda (item 2.2).

The public consultation is designed to survey the public opinion on the best regulatory option to assess that potential abuse, in line with the legal nature of demurrage, which is itself subject of ANTAQ’s internal debate, according to the agency. The public consultation is a follow-up to Public Consultation n. 03/2020, reported in the 16th edition of the Regulatory Report.

Public contributions can be submitted through ANTAQ’s website until July 28. A regulatory impact analysis, technical notes and the contribution form can be accessed at that website.