The National Waterway Transport Agency (Antaq) has proposed suggestions for changes to mitigate a regulatory issue regarding the criteria for time chartering in maritime navigation, with particular focus on cabotage (navigation between domestic ports) and on solid bulk and general cargo.
“The criteria (for the cases cited) are not associated with the intended transport and the unavailability of Brazilian-flagged vessels during the authorization period, producing incentives that are misaligned with public policy,” warned Elizabete Thomas, Regulatory Specialist in Waterway Transport Services at Antaq.
The matter was addressed in a report presentation during a webinar held on Monday (6) by the agency. “The objective was to make the document easier to read, as it is quite extensive, and to provide guidance for stakeholders and their contributions,” explained Thomas.
As this is a preliminary document, Antaq seeks contributions regarding the preliminary Regulatory Impact Analysis (RIA) report on the subject, which is included in the /2028 Regulatory Agenda. Suggestions can be submitted until the 23rd through the provided link.
Intentions and circularizations
The purpose of the recommended changes in the document, Thomas noted, is to promote preference for Brazilian-flagged vessels, align the agency’s actions with public policy, and increase legal certainty in the sector by reducing, when possible, unnecessary circularizations — the mandatory administrative procedure that precedes authorization for chartering foreign vessels in Brazil.
Among the circularization criteria suggested in the report is the inclusion of a maximum 50-day term for time chartering in cabotage navigation for solid bulk and general cargo.
Deadlines would also be extended — the minimum market consultation period would rise from five to ten business days, and the duration of circularization would increase from six to sixteen hours. The requirement for a client letter confirming transport demand is also among the proposed measures.
“Another suggested criterion would be to require sustainable vessels. Today, this does not exist. The measure would favor vessels in compliance with international rules, excluding others that have lower operating costs,” commented the Antaq Regulatory Specialist.
Points of view
Antaq Director and rapporteur for the topic, Flávia Takafashi, emphasized the broader participation of society and the regulated sector. “It is another opportunity to strengthen dialogue, ensuring that our regulations reflect good regulatory practices.”
Antaq’s Chartering Manager, Augusto Vedan, highlighted the responsibility involved. “A market with more national vessels brings greater responsibility for us in directing Antaq’s analysis, by aligning public policy and law. Segmentation is important. The market is complex,” he noted.
The agency’s Navigation Regulation Manager, Michel Weber, praised the collective effort of all involved sectors, with in-depth data collection and the proposal of concrete alternatives to improve chartering.
“We hope to enrich this report that has been submitted for review. We want a regulated environment that is transparent, legally secure, and stable, in order to attract investment and strengthen cabotage transport in the country,” he argued.
Source: A Tribuna
