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Legal Update

Brazil: New Regulatory Agenda of ANTAQ

23 July 2018
Tauil & Chequer Legal Update

On July 10, 2018, the new  Regulatory Agenda of the National Agency for Waterway Transportation (“ANTAQ”) was published for the 2018-2019 biennium.

The Regulatory Agenda is an instrument for institutional planning whereby ANTAQ presents the main regulatory issues for the biennium to the regulated sector. 

Some of the issues on the previous regulatory agenda have been carried over onto the new agenda of ANTAQ. In particular, the regulation of navigation related to offshore construction works, as well as the possibility of chartering of vessels by companies that are not authorized in the form of Brazilian Shipping Companies (EBN). Both of these issues are of great importance to the offshore market. 

The selection of the regulatory issues results from an internal analysis by ANTAQ, combined with suggestions presented by the regulated sector. 

Among the topics planned for discussion in the next biennium, the following stand out:

  • Chartering of maritime support vessels by companies that are not authorized in the form of Brazilian Shipping Companies (EBN);
  • Regulation of the activities classified as construction works in maritime support navigation;
  • Review of the economic-financial criteria to maintain authorizations in port and maritime support navigation;
  • Mapping of the corporate structure of container terminals, solid bulk terminals of mineral and vegetable origin and liquid bulk terminals;
  • Regulation of the administrative procedure to resolve conflicts of interest between agents working in the sectors regulated by ANTAQ; and
  • Improvement of the anti-trust analysis of the regulated markets.

Our team is available for further clarification regarding ANTAQ's regulatory agenda and other related issues.


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