ANTAQ Submits To Public Hearing Resolution Draft Setting Forth Provisions On Performance Of Port Services

The National Waterway Transportation Agency (ANTAQ) published, on 22/10/2014, the Public Hearing Notice Nº 3, aiming to obtain additional subsidies and information for enhancement of the resolution draft published by Resolution no. 3707.

The resolution draft regulates the performance of port services and the exceptional use of areas and port facilities granted, leased, or authorized (administered) on non-discriminatory basis.

According to the resolution draft, any interested party may, on an exceptional basis, enter into a contract for the use of port areas and facilities exploited by the parties subject to the administrative power of the State, ensuring an appropriate remuneration to the contract owner.

The port services exploited by the parties subject to the administrative power of the State shall be provided to the users on a non-discriminatory basis, abiding by parameters of performance of appropriate service contained in the relevant legislation and in the concession, lease and adhesion agreements.

ANTAQ may determine certain obligations to the parties subject to the administrative power of the State, once observed any existing operational and technical limitations, in the event of:

1. unlawful refusal of performance of service; and

2. discriminatory or abusive pricing policy, port or service tariffs.

The resolution draft stipulates that the disputes resolution between the lessees and users...