regulation in the brazilian port sector tiago pereira lima director may, 2011
TRANSCRIPT
Regulation in the Brazilian Port sector
Tiago Pereira LimaDirector
May, 2011
General data about Brazil 2
Largest economy in Latin America7th economy in the world
*Source: International Monetary Fund, World Economic Outlook Database
Total area 8.514.876 Km²
States 27
Coast 8.511 Km
Population 192 million
Source: MDIC2010 Statistical Yearbook
% of GDP in Latin America
Federal infrastructure regulatory agenciesPeriod Relevance facts
1990s1990s • Deep administrative restructuring of the State through delegation of activities
• Privatization of state-owned companies• Delegation of public service exploration to the private initiative
Logo Agency Law of creation
Brazilian Electricity Regulatory Agency Law 9.427/1996
Brazilian Agency of Telecommunications Law 9.472/1997
Brazilian Nacional Agency of Petroleum, Natural Gas and Biofuels
Law 9.478/97
National Water Agency Law 9.984/2000
National Agency for Land Transportation
Law 10.233/2001
National Agency for Waterway Transportation
Law 10.233/2001
Brazilian National Civil Aviation Agency Law 11.182/2005
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Independence (immunity to capture) - Decision-making independence – Mandate of directors - Financial autonomy - Autonomy regarding Direct Management - Final decisions – not subject to consideration by another AP agency/entity
Federal infrastructure regulatory agenciesCharacteristics
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Institutional aspects of ANTAQ 55
General Principles of conducting relevant (Article 11)
I - preserving the national interests and promote economic and social development;
XI - to enlarge the country's competitiveness in international markets.
General guidelines (Article 12)
I - decentralizing actions, whenever as possible, promoting their transfer to other public entities through agreements of delegation, or public or private companies, through grants of authorization, concession or permission, as provided in subsection XII of Article 21 of Constitution Federal;
VII - suppressing facts and actions that can configure or configure imperfect competition or antitrust-related.
State structureState structure
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Port Authority
Port Authority
Brazilian Waterway
Infrastructure
Brazilian Waterway
Infrastructure
Private terminals
Private terminals
Shipping companies
Shipping companies
RegulationSupervision
RegulationSupervisionAuthorization
Administrativedelegation
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The regulatory environment and the role of ANTAQ
• Growth of Brazil’s trade current
• Demand for port infrastructure with quality services at low cost
• Private capital attractiveness for offer of these services, through establishment of stable regulatory frameworks
• Attraction of foreign investments
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Requirements for regulators
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Waterway legislation and it’s application in projects
PUBLIC BY PUBLIC BY LEASELEASE
(bidding)(bidding)PRIVATE BY PRIVATE BY AUTHORIZATIONAUTHORIZATION ORGANIZED PORT BY ORGANIZED PORT BY GRANT GRANT
(bidding)(bidding)
LEGAL FOUNDATION
• Laws 8.630/93 and 8.666/93• Dec 6.620/08, 4.391/02, and
6.413/08• Res ANTAQ 55/02 (under review)• IN TCU 27/08
• Law 8.630/93• Dec 6.620/08• Res ANTAQ 1.660/10
• Law 8.630/93 and 8.987/95• Dec 6.620/08• Order SEP 108/10
PECULIARITIES • Assignment of public property
• Project assessment• Term of up to 50 years• Property reversible to the
Federal Govt.• Use of OGMO
• Term of up 50 years• Possibility of operation under
consortium• Authorization for shipyards
and offshore support bases• Exclusive use – private cargo
only• Mixed Use – private and
third-party cargo
• Private initiative bidding• Assignment of exploration
of Organized Port to legal entities under public or private law, through public bidding
• Bidding by ANTAQ, meeting the PGO guidelines
PORT TERMINALS ORGANIZED PORTS
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Source: PNLT/2007
Strong emphasis in highways!
Pipes
Waterways
Airways
Cabotage
Highways
Railways
Planning: Georeferenced multimodality network 10
General Grants Plan- PGO
• In the figure, green areas represent environmental preservation units.
• The red line shows stretches not released for projects.
Strategic planning for the sector – Governance and Guidelines for investment
PNLT as a source
Considerers environmental aspects in its mapping
Indicates areas for expansion (new ports) and expansion of existing port facilities
Allows for the clear publication of implementation and development policies
http://www.antaq.gov.br/Portal/pgo.asp
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PGO – Considered elements
12FACTORS CONSIDERED
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Identification of macro-areas
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PGO – What has the PGO identified on the coast line?
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Characterization of priority sub-areas
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Brazilian navigation flow
• Maritime trade: 63% performed in 25 ports of the Northern Hemisphere
• In Brazil, focus on cabotage and inland navigation multimodality
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CabotageChallenges in shifting modes and fleet growth planning
• Extensive coastline with ports and port terminals in a continuous modernization process and expansion of the cargo handling capacity
• Concentration of Brazilian production and consumption sectors along the coast
• Investment in land transportation infrastructure enabling development of multimodal door-to-door transportation
• Modernization of Brazilian Companies of Navigation (EBN) in the provision of multimodal transportation services with emphasis on integrated logistics
• Existence of comparative advantages of cabotage in relation to the highway mode
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Rio de Janeiro
Pernambuco
Pará
São Paulo
Santa Catarina
Rio Grande do Sul
Ceará
Bahia
Amazonas
Norte
Alagoas
In Operation Expansion New Plant
Characteristic Current Future
No. of Shipyards 1 2
Area (m²) 120,000 -
Capacity (t/a) 12,000
Northeast
Characteristic Current Future
No. of Shipyards 1 7
Area (m²) 1,500,000-
Capacity (t/a) 60,000 -
Southeast
South
Characteristic Current Future
No. of Shipyards 5 8
Area (m²) 513,000 -
Capacity (t/a) 65,000 -
Characteristic Current Future
No. of Shipyards 14 15
Area (m²) 1,715,000-
Capacity (t/a) 292,000 -
Brazilian shipyards – current and expected
Source: SINAVAL – National Union of Construction Industry of Repair and Offshore 18
New tankers, support vessels, platforms, and drilling rig ships encourage the construction of 18 shipyards
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Waterway navigation (Inland navigation)The modal shift: CO2 and fleet cost reduction
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Waterway corridors – routes for planning
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*Fonte: Ministério dos Transportes
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Navigation potentialities
Source: Ministry of Transport
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22Transportation matrix under the PNLTCurrent and estimated for 2025 – Demand planning
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HIGHWAY RAILWAY WATERWAY PIPE AIR
Policies for the new decade – waterway subsector
• Making use of the potential for navigation of Brazilian rivers
• Development of applicable standards and laws
• Focus on Port Management as modernizers of the port infrastructure
• Improvement of PNLT, PGO, PDZ and Leasing Programs
• Integration of various entities interacting with the port activity
• Investment in access routes to ports and maritime terminals
• Planning to implement less-favored regions
• Development of supervision methods and grants agreement
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