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Topics of the 18th. and 19th. editions

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• 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?

Topics of the 17th. edition

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• 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

Topics of the 16th. edition

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• 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

Topics of the 15th. edition

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• 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

Topics of the 14th. edition

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• 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

Topics of the 13th. edition

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• 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.

Topics of the 12th. edition

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• 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.

Topics of the 11th. edition

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• 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

Topics of the 10th. edition

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• 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.

Topics of the 9th. edition

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• 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.