Antaq to debate demurrage charges for containers at the Port of Santos and across Brazil

Demurrage is a charge imposed by the shipping line on the cargo owner when a container remains in use beyond the period stipulated in the contract (Alexsander Feraz/AT)

The Agência Nacional de Transportes Aquaviários (Antaq) will hold a webinar next Thursday (8), at 3 p.m., to discuss container demurrage. The topic is part of the agency’s 2025/2028 Regulatory Agenda.

Demurrage is a charge imposed by the shipping line (the company responsible for maritime transportation and the owner of the container) on the cargo user (importer or exporter) when the container remains in use beyond the period stipulated in the contract.

The webinar will be streamed on the Agência’s official YouTube channel . Anyone wishing to submit questions during the videoconference can send them via WhatsApp to (61) 2029-6515.

Suggestions

The deadline for participation in Public Subsidy Request SRG No. 03/2026 remains open until the 20th. Interested parties may submit contributions regarding the Regulatory Impact Analysis (RIA) through an electronic form made available by the agency at the link.

Digital images, such as maps, plans and photographs, may be submitted by email to srg@antaq.gov.br, provided that the participant is identified and the deadline is observed.

Ordinance

In June this year, Antaq published an ordinance establishing a mandatory stage for attempting to reach an agreement between the parties in complaints related to improper charges for container demurrage.

The new procedure applies to complaints that were still in the inspection phase and had not resulted in the issuance of a notice of violation by February 13 this year. The period was chosen to expedite the review of the numerous complaints on the subject pending before Antaq.

The ordinance is the result of two rulings. One is Ruling No. 521/2025, which detailed the situations in which the existence of demurrage is recognized by the agency and determined that disputes and controversies over the charges must be reviewed under a summary procedure to be conducted by the Superintendência de Fiscalização e Coordenação das Unidades Regionais (SFC).

The other is Ruling No. 72/2026, which expanded the application of the summary procedure not only to demurrage cases, but also to all complaints involving improper charges related to container logistics.