The Brazilian Presidency’s Division of Ports (SEP/PR) published on 02/08/2013 Ordinance No. 110, which disciplines the hypotheses of waiver of new authorization for exploration of port facilities and sets out the procedures for requesting changes to the type of cargo and/or expansion of port facilities for areas located outside the organized port area, as provided for in the sole paragraph of art. 35 of Decree No. 8.033, of June 27, 2013.
The referred rule provides that the issuance of a new authorization is waived for areas that do not exceed twenty-five percent (25%) of the port facility original area, in requests for changes to the type of cargo and/or expansion of port areas located outside the organized port.
The authorized party interested in changing the type of cargo handled in the port facility shall address the request to the National Waterway Transportation Agency (ANTAQ).
However, the authorized parties interested in the previously mentioned changes are required to address their request to the National Waterway Transportation Agency (ANTAQ). The requests will be analyzed by the agency, which will send its formal opinion to SEP/PR.
If the SEP agrees with the request, an amendment to the contract and to the authorization will be made as applicable.
The referred ordinance triggered debates among several holders of private terminals, who are claiming for SEP/PR to review it.