ANTAQ Opens Call for Subsidies on Container Terminal Service Fees

The Brazilian National Waterway Transportation Agency (ANTAQ) approved, during its 621st Ordinary Board Meeting on October 22, the Preliminary Regulatory Impact Analysis Report on the review of the parameters for characterizing, organizing, and billing port services at container terminals. The decision enables the opening of Call for Subsidies No. 06/2026, which will receive contributions from companies, industry associations, and other stakeholders between November 3 and December 2, 2026.

The initiative falls under Item 3.10 of the 2025-2028 Regulatory Agenda and seeks greater clarity and transparency in the provision and billing of port services, preventing possible abusive practices. The preliminary report analyzed nine regulatory alternatives, and two received the best technical evaluation, both involving service standardization and a review of service bundles; the difference lies in whether a taxative list of services is established or whether the inclusion of new items is subject to prior evaluation by the agency. The Director-General and rapporteur of the proceeding, Frederico Dias, clarified that none of the alternatives involves price-setting, since the formation of rates will remain subject to the terminals' commercial freedom, with obligations of transparency and non-discrimination.

Among the points analyzed is the billing of the Segregation and Delivery Service (SSE), a fee charged by maritime terminals to dry ports or inland terminals when they pick up imported containers after the scheduled delivery deadline. Dry ports argue that this cost is already covered by the Terminal Handling Charge (THC), while maritime terminals maintain that it is an additional, and therefore legitimate, service. The dispute has lasted more than 20 years and has reached Brazil's Federal Court of Accounts (TCU) and the Administrative Council for Economic Defense (Cade).

Before approving the opening of the consultation, ANTAQ's board rejected requests from Abratec (the Brazilian Association of Container Terminals) to review the premises of the regulatory agenda, after Brazil's Federal Supreme Court (STF) overturned a TCU ruling that had deemed the SSE charge illegal. Rapporteur Frederico Dias argued that the debate over the SSE is a relevant component but does not exhaust the regulatory issue, and that recognizing the legality of the service does not mean it should not be regulated to prevent abuse.

The notice for Call for Subsidies SRG No. 06/2026 will be published in the Federal Official Gazette (Diário Oficial da União) on October 26, and contributions must be submitted exclusively through an online form by 11:59 p.m. on December 2. ANTAQ will also hold a webinar on November 10 to present the study, and only after reviewing the input received will the final version of the Regulatory Impact Analysis be consolidated, giving rise to a draft regulation to be submitted for public consultation.