Brazil Launches Public Consultation to Update Port Lease Regulations

Brazil's Ministry of Ports and Airports (MPor) has opened a public consultation to review Portaria 530/2019, the regulation that sets out the criteria for the term and the economic-financial rebalancing of port lease agreements. The proposal seeks to give greater agility to the execution of investments, simplify procedures and allow terminals to adapt to technological and demand changes, as well as reassess the 25% cap on the original term for contract extensions. The consultation is available on the Brasil Participativo portal until October 25, 2026.

National Secretary of Ports Alex Ávila said the timing is right to update the rules and improve the mechanisms for rebalancing contracts. He explained that among the issues to be reassessed is the provision capping contract extensions at 25% of the original term, noting that there is now sufficient maturity to discuss the matter and improve the mechanisms for restoring contractual balance.

Among the changes under discussion is an improvement to the Investment Risk Term (TRI), which would allow construction and upgrade works to begin before the economic-financial rebalancing review is completed, with the lessee assuming the risks of that early start. The proposal also simplifies the replacement of equipment, systems and engineering solutions when the contract's essential obligations are preserved, and sets out rules for incorporating or modifying cargo profiles, including on a temporary basis, in addition to enabling investment in shared infrastructure such as access roads, power grids, drainage and traffic management systems.

The proposal introduces mechanisms to facilitate the adoption of new technologies and prioritize decarbonization, electrification, energy efficiency, innovation and climate adaptation projects, in line with MPor's Sustainability Policy. It also provides for pilot projects and technology demonstration environments in partnership with universities, research institutions, startups and suppliers, with defined timelines and monitoring criteria.

For situations that do not involve a material change to the contract or an economic-financial impact, schedules could be regularized through a Conduct Adjustment Term (TAC) directly with the National Waterway Transportation Agency (Antaq). In addition, the minimum notice period for submitting executive projects would be reduced from six months to two months. The text maintains the possibility of restoring economic-financial balance, but establishes that any extension of the term will be linked to an imbalance recognized by Antaq and to a reasoned decision by the Granting Authority, with no automatic extension.