New Antaq rule limits demurrage charges at ports

Antaq ruled that demurrage will be charged if the container remains beyond the free time due to the user's fault (Vanessa Rodrigues/AT)

The new regulatory interpretation on container demurrage charges by the Agência Nacional de Transportes Aquaviários (Antaq) may streamline operations and prevent undue charges. This is the view of users of the Port of Santos interviewed by A Tribuna .

On the 31st, the regulatory agency established guidelines for demurrage charges and the preparation of quarterly reports containing the progress of complaints under review by Antaq.

Flávia Takafashi, Antaq’s director and rapporteur of the matter, explained that the approved items do not amend any of the agency’s resolutions and that the issues requiring regulatory changes will be addressed in the 2025–2028 Regulatory Agenda.

Demurrage is a fee charged to importers for delays in returning containers. The maximum allowed usage period for a container is 30 days. This additional charge increases costs and may reduce the expected profit.

Antaq has determined that demurrage shall only be charged if the container remains beyond the free time due to the user's interest, choice, fault, or business risks. However, the user cannot be charged if the delay is caused by the carrier, its staff, its logistics, or risks attributable to the carrier, terminal, or empty container depot.

Eduardo Heron, Technical Director of the Brazilian Coffee Exporters Council (Cecafé), stated that the measure “undoubtedly brings significant benefits to users as it corrects regulatory shortcomings. Users were bearing costs without having caused the problem.”

“Logistical bottlenecks have been impacting operations. We know there are vessel delays, missed port calls, and in the end, the user was the one paying the demurrage bill”, he reiterated.

Angelino Caputo, Executive President of the Brazilian Association of Customs Terminals and Facilities (Abtra), commented that “Antaq did not amend any of its resolutions per se; it merely defined the adoption of a summary procedure for conflict resolution, based on existing regulations. Additionally, the agency will make efforts to apply the same criteria uniformly across all complaints, including those already under review.”

According to him, the association expects that “this will lead to an increase in settlements and agreements, reducing the need for penalties against shipping lines. Ultimately, the summary procedure should bring less bureaucracy and greater efficiency to import and export processes — goals consistently defended by Abtra’s member companies.”

Overview Demurrage is a fee charged to importers for delays in returning containers. The maximum allowed usage period for a container is 30 days. This additional charge increases costs and may reduce the expected profit.