Antaq proposes changes to time chartering criteria for maritime navigation in Brazil

Ship in Santos: one of Antaq’s main focuses is to ensure transparency and legal certainty, attracting investment and strengthening cabotage (Carlos Nogueira/AT Archive)

The Agência Nacional de Transportes Aquaviários (Antaq) has proposed changes to mitigate a regulatory issue related to the criteria for time chartering in maritime navigation, with particular focus on cabotage (navigation between ports in a country) and on solid bulk and neo-bulk cargoes.

“The criteria (in the aforementioned cases) are not linked to the intended transport or to the unavailability of Brazilian-flagged vessels during the authorization period, creating incentives that are misaligned with public policy”, warns Elizabete Thomas, Regulatory Specialist in Waterway Transport Services at Antaq.

The issue was presented in a report during a webinar held this Monday (6), organized by the agency. “The goal was to make the document — quite extensive — easier to understand, providing guidance to stakeholders and encouraging contributions”, Elizabete explained.

As this is a preliminary document, Antaq seeks feedback on the preliminary Regulatory Impact Analysis (RIA) report on the subject, which is included in the 2025–2028 Regulatory Agenda. Suggestions may be submitted until the 23rd via the provided link.

Objectives and chartering notifications The aim of the proposed changes, Elizabete notes, is to promote the preference for Brazilian-flagged vessels, align the agency’s actions with public policy, and enhance legal certainty in the sector, reducing the frequency of sometimes unnecessary chartering notifications — an administrative procedure required before foreign vessels can be chartered in Brazil.

Among the proposed criteria for chartering notifications, the report includes a maximum time charter period of 50 days for cabotage navigation of solid bulk and neo-bulk cargoes.

Timeframes would also be extended — for example, the minimum market consultation lead time would increase from five to ten business days, and the duration of the notification period from six to 16 hours. The requirement for a client letter demonstrating transport demand is also among the proposed changes.

“Another proposed criterion is the requirement for sustainable vessels. Currently, there is no such requirement. This measure would prioritize vessels that comply with international regulations, thereby excluding those with lower operational costs”, commented the Antaq regulatory specialist.

Perspectives Antaq’s director and rapporteur for the matter, Flávia Takafashi, highlighted the expanded participation of society and the regulated sector. “This is yet another opportunity to strengthen dialogue, ensuring that our regulations reflect sound regulatory practices.”

Antaq’s Chartering Manager for Navigation, Augusto Vedan, emphasized the agency’s responsibility. “A market with more domestic vessels requires greater commitment from us in directing Antaq’s analysis in accordance with public policy and legislation. Market segmentation is essential. It’s a complex market”, he stated.

The agency’s Navigation Regulation Manager, Michel Weber, praised the collective effort of all sectors involved, including the detailed data collection and the proposal of concrete alternatives to improve chartering practices.

“We hope to enrich this report, which has been made available for review. Our aim is a regulated environment that is transparent, legally secure, and stable, in order to attract investment and strengthen domestic cabotage transport”, he concluded.