ANTAQ Opens Public Consultation on Review of Container Demurrage Rules
Cubierto por 3 fuentesPublicado
- AntaqTomada de subsídios recebe contribuições para análise da sobrestadia de contêineres
- AntaqSobrestadia de contêiner: webinário tem nova data
- agencia infraANTAQ: técnicos sugerem punição de sobre-estadia irregular por contêiner
- porto senaviosArtigo - Sobrestadia de contêineres e a interferência da Antaq
Brazil's National Waterway Transportation Agency (ANTAQ) opened Public Consultation SRG No. 03/2026 to receive contributions, input and suggestions on the preliminary Regulatory Impact Analysis (RIA) report concerning Topic 2.6, 'Container Demurrage - ANTAQ Resolution No. 62/2021,' which is part of the 2025/2028 Regulatory Agenda. Contributions must be submitted exclusively through an online form by 11:59 p.m. on October 20, and submissions through any other channel will not be accepted.
Webinar rescheduled
The agency had planned a webinar on September 29 to present and discuss the topic with stakeholders, but the event was rescheduled for October 8 at 3:00 p.m., with no change to the October 20 deadline for submitting input. The session will be streamed on ANTAQ's official YouTube channel, and participants may send questions via WhatsApp during the videoconference.
Proposals from the technical area
According to Agência iNFRA, ANTAQ's technical area proposed in the preliminary RIA that irregular demurrage charges be penalized individually per container, rather than per invoice as is currently the case. The document also proposes creating a risk matrix distinguishing responsibilities between shippers and carriers, incorporating criteria from Acórdão 521/2025 and Resolution 62/2021, and defining new administrative infractions, such as charging demurrage without justifying the cause of the delay or continuing to count demurrage time when it should be suspended.
Legal debate in the industry
An article published in Porto & Navios by attorney Mayra Mega Itaborahy noted that the review of Resolution 62/2021 raises questions about the limits of regulatory authority over private contracts, the application of Brazilian rules to international long-haul transport contracts, and the legal nature of demurrage, which the Fourth Panel of the Superior Court of Justice characterized as a possible penalty clause in REsp No. 1.577.138/SP from 2025. According to the author, ANTAQ decided not to define that legal nature within Topic 2.6, leaving it for possible consideration under Topic 2.5.
