• 5 min de lectura
• 5 min de lectura
The Ministry of Ports and Airports (MPor) has opened a public consultation to receive contributions on the proposed modernization of Ordinance 530/2019, which establishes rules for changes in port lease agreements. Among the changes under discussion is the revision of the provision that limits contract extensions to 25% of the original term for the reestablishment of economic-financial balance. The proposal also seeks to accelerate investments, simplify procedures, and allow terminals to keep up with technological and demand changes.
The consultation is open on the Brasil Participativo portal until October 25. The text under discussion addresses topics such as new investments, term extensions, reestablishment of economic-financial balance, changes in area and cargo profile, and revision of schedules.
According to the National Secretary of Ports, Alex Ávila, the time is opportune to update the rules and improve the mechanisms for rebalancing contracts. "We are debating and bringing to public consultation the update of Ordinance 530, which deals with the rebalancing of contracts. We want everyone to participate, make their contributions and criticisms. Among the topics that will be re-evaluated is the provision that limits the extension of contracts to 25% of the original term. We understand that we have sufficient maturity to discuss this topic and improve the mechanisms for reestablishing the balance of lease agreements," he stated.
The proposal stems from the identification of obstacles that can increase the time between planning and project execution, such as repeated analyses, requirements that do not keep up with the complexity of interventions, and procedures poorly adapted to technological changes.
One of the foreseen changes is the improvement of the Investment Risk Term (TRI), which may allow the start of works and the implementation of improvements before the conclusion of the analysis on eventual economic-financial recomposition, in situations provided for by the norm. In these cases, the risks related to the anticipation will be assumed by the lessee.
The proposal also simplifies the replacement of equipment, systems, and engineering solutions when the essential obligations of the contract are preserved. The measure seeks to allow terminals to adopt new technologies without linking the operation to solutions that may become outdated.
The revision also provides for rules for changes or inclusion of cargo profiles, including temporarily, observing port planning and competitive impacts. The proposal seeks to expand the contracts' ability to respond to demand changes and take advantage of studies already carried out in the Port Development and Zoning Plan (PDZ), reducing the need to redo analyses.
Another change under discussion is the possibility of investments in common infrastructure, such as accesses, electrical grids, drainage, regulatory yards, and traffic management systems. The intention is to connect the interventions carried out in each terminal to the needs of the port as a whole and to the relationship between port infrastructure and cities.
For situations that do not involve material alteration of the contract or economic-financial repercussion, the proposal provides for the possibility of regularizing schedules through a Conduct Adjustment Term (TAC) directly with the Agência Nacional de Transportes Aquaviários (Antaq). The minimum advance notice for the presentation of executive projects is also reduced from six to two months, with different deadlines admitted according to the complexity of the intervention.
The proposal also incorporates mechanisms to facilitate the adoption of new technologies and stimulate sustainability projects in terminals. Decarbonization, electrification, energy efficiency, innovation, and climate adaptation projects may have priority processing, in alignment with MPor's Sustainability Policy.
Among the solutions considered are electric equipment, renewable energy sources, power supply for docked ships, lower carbon intensity fuels, and more efficient use of water and other natural resources.
The text also provides for the possibility of pilot projects and technological demonstration environments in partnership with universities, research institutions, startups, and suppliers. The initiatives must have defined deadlines, scope, and monitoring criteria, allowing the evaluation of results before the adoption of new solutions.
The proposal maintains the possibility of reestablishing the economic-financial balance of contracts but seeks to improve the mechanisms used for this. Any extension of the term will be linked to the imbalance recognized by Antaq, the reasoned decision of the Conceding Authority, and the limits provided for in the legislation, without automatic extension.
The text also provides for the consolidation of the main data from feasibility studies in a summary table, with the aim of facilitating the formalization of contractual changes and improving the monitoring of investments by MPor.
The revision of Ordinance 530/2019 does not propose changes to the Port Law or the decrees that regulate the sector. The proposal will be analyzed after the public consultation, which will also receive contributions from companies, sector entities, society, Antaq, port authorities, and control bodies.
What: Public consultation for the modernization of Ordinance 530/2019.
Objective: to receive contributions on the proposal to update the rules for changes in port lease agreements.
Period: until October 25, 2026.
Where to participate: Brasil Participativo portal.
