The Brazilian National Agency for Waterway Transportation (ANTAQ) recently published Normative Resolution 5/2016, which approves the rule for providing authorisation to legal entities to perform transportation activities in coastal and deep-sea navigations or operate in offshore and port support navigation.

Grants will be issued only to companies:

  • organised under Brazilian legislation;
  • with their registered office and administration in Brazil; and
  • whose objective is to operate in one or more shipping regimes regulated by ANTAQ.

The referred rule repealed most of Resolution 2,510/2012, with the exception of Articles 18 to 21.

Before its approval, the referred rule underwent a public hearing. However, contributions by interested parties resulted in no significant changes to the proposal.

The newly approved rule brings about substantial changes in relation to repealed Resolution 2,510, except in relation to its structure and form. The main changes brought by the new rule include:

  • the discontinuance of the requirement to present a document evidencing the regularity of union dues;
  • a more rigorous monitoring process for vessels under construction or renovation, which will be set out in the application for authorisation grant; and
  • a prohibition against different legal entities using the same vessel to comply with the technical requirements to obtain an authorisation grant.

The new rule does not address infractions and penalties, and thus has not repealed the existing provisions in this regard.

For further information on this topic please contact Godofredo Mendes Vianna at Kincaid | Mendes Vianna Advogados by telephone (+55 21 2276 6200) or email (godofredo@kincaid.com.br). The Kincaid | Mendes Vianna Advogados website can be accessed at www.kincaid.com.br.

This article was first published by the International Law Office, a premium online legal update service for major companies and law firms worldwide. Register for a free subscription.