BULLETIN
ANTAQ

The ANTAQ Bulletin is a periodic RMM publication created with the objective of systematizing the decisions made at the board meetings of the National Waterway Transport Agency (ANTAQ), in addition to other related judgments and discussions, generating a solid repository that can be used as a basis future analyzes and initiatives related to the maritime and port sectors.

 

Prepared by specialists in maritime and port regulation at the Public Law Center of Law, access to the ANTAQ Bulletin is exclusive to RMM guests. Interested in gaining access can send a request to josecarlos@miller.adv.br.

 

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Topics of the 18th. and 19th. editions

  • Deliberation over the charging for the use of a non-operational area linked to the railway branch: contractuality, form and conflicts of jurisdiction

  • Tariff collection at the Port of Salvador

  • The legal challenges related to the implementation of a "ship-to-ship" terminal

  • ANTAQ analyses the possibility of a interlocutory injunction to suspend the charges due to damages caused

  • Granting of supersedeas in a case that analyses the link with contractual instruments for cargo operation

  • Workmanship Management Agency and the Monthly Fee collection of NonAssociated Port Operators

  • ANTAQ establishes that the SSE raise above inflation does not constitute, by itself, abusivity or infringement of the economic order

  • Vessels with gross tonnage of less than 100 tons - Is the register of the bare hull charter contract mandatory?

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Topics of the 17th. edition

  • ANTAQ and Sustainability: Agency receives an inquiry on regulatory parameters for replacing bunker oil with electricity 

  • Multiannual study agenda 2021-2024

  • The charge of the no show fee and additional fares due when goods fail to be embarked

  • ANTAQ declares unsubstantiated infraction notice against navigation company that supposedly performed a cabotage operation without authorisation

  • Chartering of a vessel to operate in inland navigation - brief overview of ANTAQ-Resolution No. 41/2021

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Topics of the 16th. edition

  • Regulatory Impact Analysis: an important instrument to ensure efficiency, transparency and effectiveness in regulatory decisions

  • Asymmetry and Regulatory adequacy in the light of the new ordinance No. 1,064-MINFRA

  • Revocation of the tariff discount - abusiveness and discretion

  • LGPD and Public Authority - ANTAQ's adequacy

  • Typicity and dosimetry in the application of administrative sanctions from Normative Resolution No. 18-ANTAQ

  • The advance payment of the first Installment of the lease agreement - update method and difference payment

  • Restriction of ANTAQ's competence to deliberate on a claim over economic-financial rebalancing in lease agreements

  • Vessel transfer and its procedural nuances

  • Normative Resolution No. 01-2015-ANTAQ - Questions about the conditions for blockage of chartering of foreign vessels by Brazilian ones committed to long-term contracts

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Topics of the 15th. edition

  • The recognition of the Property Tax collection in Lease Contracts as a factor of economic and financial imbalance

  • Direct shipowner charges for the use of waterway access infrastructure (table I) in the port of Rio de Janeiro: case-by-case analysis and economic-financial rebalancing

  • Administrative Appeal in view of ANTAQ’s Normative Resolution No. 31/2019

  • The extension of the term for compliance with tariff migration by the port administrations

  • Can the organised port concession be recognised as a basis for signing a transition contract?

  • ANTAQ's Board of Directors approves the auction of the MAC-10 area dedicated to the handling of liquid bulk in the port of Maceió

  • The (in)effectiveness of innovation formulated in Transition Contract

  • Requirement to increase the capacity of cargo handling in the Vila do Conde Private Use Terminal

  • Divergence: Easement Agreement or Lease Agreement?

  • Demurrage=a+bX?

  • Annulatory action under the Normative Resolution ANTAQ 18/2017 – Groundlessness

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Topics of the 14th. edition

  • Federal Law No. 14.047/2020 - Temporary measures to tackle the pandemic within the port sector?

  • Preliminary injuction to abstain from charging the Terminal Handling Charge (THC) on bill of lading

  • Provisional Measure No. 945/2020 and the cost of compensatory damages for preventing individual workers at private port terminals to work in rolation schedule

  • Flexibility of obligations in lease agreements: the impacts of COVID-19

  • ANTAQ recognises the area public utility of The Atlantic Forest to permit the exploration of the new port terminal in Urussuquara

  • Fiscal Regularity for the granting of an exploration authorisation: Legality and Burocracy

  • Transient agreement: the inability to recognise the right to compensation for investments related to the fulfilment of the contract's ordinary obligations

  • Transient agreement: changing the cargo profile and serving the public interest

  • On the necessity of information and shipping of the charterparty to ANTAQ by freighter and charterer - Normative Resolution No. 01/2015-ANTAQ

  • The request for re-ratifying Resolution No. 7.613-ANTAQ

  • The Transport of Dangerous Products in Inland Navigation

  • To translate (or not to) the dangerous cargo manifest: that is the question

  • Shipowner who refuses to receive container in debit deserves what?

  • Resolution no. 7935-ANTAQ – Suspension of the provisions concerning container demurrage - Portfolio of users rights and duties of maritime and support navigation

  • Foreign charging for time in substitution to docated vessel - ANTAQ Resolution No. 7858/2020 that amends ANTAQ normative Resolution No. 01/2015

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Topics of the 13th. edition

  • COVID-19: The need to relax obligations in lease contracts

  • The analysis of the regulatory impact resulting from the recognition of compliance with the collection of containers’ non-invasive inspection by port terminals

  • The storage and deposit of explosive and dangerous cargos in port facilities 

  • ANTAQ authorises port terminal to handle unloaded cargos not listed in the lease agreement

  • Article 56 of Resolution No. 023/2020-SCPAR/PSFS and the principles of equality and general access to port facilities under the common use regime

  • Bidding procedure for Port Leasing of areas STS14 and STS14A in the Port of Santos – auctions on 28 August 2020

  • Conditions for participation of companies undergoing a receivership in bidding procedures

  • Limitation of ANTAQ's Punitive Competence in Matters Related to Independent Port Work

  • On the regime adopted for foreign FSRU type vessels

  • Preliminary injunction questions circularisation blockages executed by Brazilian Shipping Companies

  • Penalty of practice for collecting charges deriving from cargo roll-over

  • Charter contract's means of activity-outsourcing

  • Flexibilisation of take or pay rule in debate at ANTAQ.

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Topics of the 12th. edition

  • Precautionary measure to suspend the signing of transition contracts: participation of companies undergoing a receivership in simplified selection procedures

  • Authorisation to enter a Transition Contract in the Port of Paranaguá area

  • Regulatory Administrative Arbitration: a condition of feasibility?

  • Regulatory Accounting (Normative Resolutions 28 and 29): the need for definitive consolidation of the applicable rules

  • Establishment of temporary measures to prevent contagion by Coronavirus (COVID-19) at ANTAQ: Ordinances Nos. 80 and 81-DG

  • Mitigation measures regarding the risk of coronavirus contamination under ANTAQ'S scope

  • Operation beyond contractual limits: APM and the Port of Itajaí

  • The infraction type of article 33, item XXXI, of Resolution No. 3,274-ANTAQ: a necessary distinction between validity and effectiveness plan for correct imputation

  • National shipowner case, lack of valid registration and Chartering of single vessel to third party.

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Topics of the 11th. edition

  • A first-ever partnership between Vale and VLI Multimodal authorized by ANTAQ

  • Declaration of Public Utility (DUP): forms of public interest materialization

  • Approval of ANTAQ’s risk management and integrity

  • Procedure of restitution to the Public Treasury of amounts unduly received by ANTAQ’s servants

  • Extension of deadline for Terminal de Granéis de Santa Catarina (TGSC) to start operating

  • ANTAQ’S Board of Directors upholds fine levying to Port Terminal, unduly charging for warehouse service

  • ANTAQ's Resolution N.o 7586 and premises for laying down prices, freight rates, charges and surcharges applicable to navigation

  • Emergency chartering – A circularization shorter term

  • Hazardous cargoes manifest (ANTAQ'S Resolution N.o 2.239/2011) – Revision request filed by CENTRONAVE

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Topics of the 10th. edition

  • The (lack of) extension of the Normative Resolution N. 18/2017 to private terminals;

  • RN18/2017 and PTAX on the agenda once more;

  • Guarantees and Responsibilities for the use of the port infrastructure – CODESP Resolutions 154 and 199 of 2019;

  • The regulation of a ceiling price to leased terminals;

  • Public governance in ANTAQ;

  • The National Industry Confederation: charges for non-invasive container inspection;

  • Passenger tariffs and charging exclusivity: the CODEBA and CONTERMAS case;

  • The issue of DU-E: new studies or regular charging for rendered services required?;

  • RN13/2016: the experience curve, interpretation and revision points to consider;

  • Extension of TEQUIMAR Leasing Contract with CODEBA - EVTEA analysis and the possibility of unification of different contracts.

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Topics of the 9th. edition

  • Normative Resolution n° 33 of 2019: Social participation mechanisms and effectiveness

  • Ordinance nº 281/2019 and the Possibility of Receiving Service of Process via apps or e-mail

  • Normative Resolution n° 34 of 2019: a new regulation covering container segregation and delivery services

  • Exploitation of a port area without due bidding process: Petrobrás affair

  • Itaqui 12: Perspectives of a greenfield opportunity

  • Main normative acts edited during the quarter.