Agreement ends tariff dispute and releases R$ 416.9 million to APS

The Board of Directors of the Port Authority of Santos (APS) approved the signing of an agreement with the National Center for Transatlantic Navigation (Centronave) to end the dispute related to the collection of waterway access infrastructure tariffs at the Port of Santos.

The agreement provides for the tariff reclassification of the entity's associates within the structure of Table I – Waterway Access Infrastructure, establishes criteria for frequency tariff discounts, and regulates the reconciliation of judicially deposited amounts.

With the agreement, APS is expected to receive approximately R$ 416.9 million, based on the audited figures as of June 30, 2026. The funds are deposited in court and will be released to the Port Authority after judicial homologation and the completion of the procedures set forth in the agreement.

The proposal will be submitted for homologation by the 4th Federal Court of the Judicial Subsection of Santos/SP, within the scope of process nº 5000363-29.2022.4.03.6104.

The controversy began in 2022 when shipowners and operators started to judicially question the full collection of tariffs, alleging that planned investments in port infrastructure had not been made.

This period coincided with the privatization process then underway for the management of the Port of Santos, a context that affected the planning and progress of infrastructure investments.

Currently, the reality is different. APS has a structured Investment Plan, with a defined schedule and an estimated R$ 12.5 billion in investments, including federal funds. Part of the interventions are already underway, such as the expansion of the Port's internal railway network, while other projects already have formalized contracts.

During the processing of the lawsuit, the amounts corresponding to the tariffs continued to be judicially deposited by the plaintiffs. Furthermore, since September 15, 2025, in accordance with DIPRE Ordinance nº 191/2025, APS began to apply a 34.6% discount on tariffs charged to shipowners and operators covered by the measure.

With the homologation of the agreement, new judicial deposits cease, and payments return to being made directly to APS, re-establishing the regular flow of tariff revenues.

Under the terms of the agreement, APS will publish a new DIPRE Ordinance regulating tariff discounts, observing the procedures established by ANTAQ Resolution nº 61/2021.

Discounts will be based on objective criteria of frequency and navigation modality and will be applicable, equally, to all users who meet the same requirements, regardless of whether or not they are associated with Centronave.

APS will also carry out the procedures for calculating, reviewing, and reconciling invoiced and judicially deposited amounts, preserving the company's interests and the proper execution of public policies for the Port of Santos.

The understanding ends a controversy that has lasted for about four years and enhances legal certainty, tariff predictability, and the stability of relations between the Port Authority and users of the Port of Santos, in accordance with ANTAQ regulations.

The agreement is part of the current APS administration's policy of negotiated resolution of historical liabilities and judicial controversies.

The measures adopted by the company have already resulted in the elimination of approximately R$ 3.5 billion in liabilities, including the resolution of the debt related to Portus, the resumption of pension benefits for former employees, and the termination of three lawsuits that, together, represented more than R$ 3 billion.

With the new agreement, APS advances in reducing historical litigation and, simultaneously, recovers resources that can strengthen its investment capacity and the modernization of the Port of Santos infrastructure.