Maritime and Ports | Featured News – August 2026

APS extends tariff discounts applicable to vessels with qualified environmental performance and cabotage vessels

On 06/01/2026, the Santos Port Authority (“APS“) extended, for an additional 120 days, the tariff discounts applicable to vessels with qualified environmental performance under the Environmental Ship Index (“ESI“) and to vessels making recurrent calls at the Port of Santos.

Discounts for vessels rated under the ESI may reach 15% of waterway access tariffs. For vessels with a higher frequency of calls, discounts may reach up to 55% for long-haul vessels and up to 60% for cabotage vessels.

The ESI is a voluntary global program developed by the International Association of Ports and Harbors (“IAPH“) that identifies and rates vessels whose performance in reducing atmospheric emissions exceeds the standards required by the International Maritime Organization (“IMO“).

NORMAM-401/DPC: commencement of penalties is postponed

On 06/03/2026, the Directorate of Ports and Coasts (“DPC“) published Ordinance DPC/DGN/MB No. 476/2026, approving the Maritime Authority Rules for the Prevention of Environmental Pollution Caused by Vessels and Platforms (NORMAM-401/DPC).

The Ordinance also postponed to 01/10/2028 the commencement of the penalties and sanctions provided for in Chapter 4 of NORMAM-401/DPC, concerning biofouling management. The act provides that the deadline may not be further extended and maintains the Maritime Authority?s guidance-oriented approach until that date.

MPor regulates qualification of infrastructure projects for REIDI purposes

On 06/10/2026, the Ministry of Ports and Airports (“MPor“) issued Ordinance GM-MPor No. 36/2026, which regulates the procedures and requirements for approving the qualification of transportation infrastructure implementation projects for purposes of eligibility under REIDI.

The Ordinance establishes the documentary and procedural requirements applicable to the review of qualification applications, pursuant to Law No. 11,488/2007 and Decree No. 6,144/2007.
For further information, see the Alert on this matter prepared by our Maritime Law team.

ANTAQ and ANA hold meeting on navigability and river monitoring

On 06/03/2026, ANTAQ reported on a meeting held with the National Water and Basic Sanitation Agency (“ANA“) to discuss measures related to navigability, water security and hydrometeorological monitoring in Brazil’s Northern Region.

The discussions addressed conflicts over water use on the Tocantins River Waterway and navigability conditions in the region, including the operational context surrounding Pedral do Lourenço, a rock formation located between Marabá (PA) and the Tucuruí Hydroelectric Power Plant that constitutes an obstacle to navigation during periods of low river flows and reduced reservoir levels.

The hydrological outlook for the Amazon and the states of the Northern Region was also discussed, including preventive measures aimed at maintaining navigability on rivers that are strategic for freight transportation and regional supply during drought periods. The initiative reflects the importance of cooperation and information sharing between the two agencies.

ANTAQ regulates prior consensual resolution for complaints concerning charges in container logistics

On 06/11/2026, ANTAQ SFC Ordinance No. 1/2026 was published, establishing internal procedures for prior consensual resolution of complaints concerning improper charges in container logistics.

Issued in compliance with ANTAQ Judgment No. 72/2026, the rule provides for an attempt at consensual resolution before an inspection proceeding is initiated. If no settlement is reached, the complaint will proceed to admissibility review and potential inspection by the Agency.

TCU releases performance audit on the public policy for waterway transportation

On 06/16/2026, the Federal Court of Accounts of Brazil (“TCU“) released a performance audit of the federal public policy for the development of waterway transportation in Brazil, under Proceeding TC 011.152/2025-7.

The audit assessed plans, programs, investments, works, regulation and socio-environmental aspects related to the sector, involving MPor, ANTAQ and the National Department of Transport Infrastructure (“DNIT“).

The Court reported findings concerning governance, planning, execution of works and the availability of indicators, and issued recommendations aimed at improving the public policy for waterway transportation.

Brazil and Paraguay-Paraná Waterway countries advance discussions on the Waterway governance model

On June 17 and 18, representatives of Brazil, Argentina, Uruguay, Paraguay and Bolivia discussed alternatives to improve the governance and coordination of the Paraguay-Paraná Waterway. The discussions took place against the backdrop of concession processes conducted by Brazil and Argentina and addressed navigation safety, waterway maintenance and investments.

The initiative seeks to increase regulatory predictability and cooperation among the countries, with the objective of improving the operational efficiency and competitiveness of this important South American logistics corridor.

ANTAQ revises documentary requirements for transfers of port agreement ownership

On 07/02/2026, ANTAQ Resolution No. 134/2026, dated 06/30/2026, was published, amending ANTAQ Resolution No. 57/2021, which regulates transfers of ownership of agreements and grants subject to the Agency?s regulation. The act adjusts the documentary requirements applicable to transactions involving passage agreements and water-area use agreements in organized ports.

The amendment specifically affects the provisions of ANTAQ Resolution No. 57/2021 governing the documentation of applications for transfer of ownership. The consolidated wording now expressly includes passage agreements and water-area use agreements, alongside lease, concession and temporary-use agreements, among the instruments subject to ANTAQ?s regulatory transfer procedure.

The measure also aligns ANTAQ Resolution No. 57/2021 with the forms of port occupancy incorporated into the Agency?s regulatory framework, while preserving administrative review and the documentary requirements applicable to transfer transactions.

ANTAQ publishes new general rule on inspections in the waterway sector

On 07/16/2026, ANTAQ Resolution No. 135/2026 was published, regulating the exercise of the Agency?s inspection activities and taking effect 90 days after its publication.

The rule consolidates the guidelines applicable to inspections in the waterway sector and covers long-haul and cabotage navigation services, maritime and port support navigation, river and lake navigation, as well as the performance of concession, lease and adhesion agreements for port facilities.

The Resolution establishes objective criteria for classifying violations as minor, moderate, serious or very serious according to the maximum applicable fine, and regulates coercive measures, including interdiction of areas or vessels and daily fines. It also provides for a 30% discount for payment of a penalty at the first administrative instance.

New NORMAM-101 expands access to the MOC category

The Directorate of Ports and Coasts (DPC) has approved the new version of the Maritime Authority Standards for Seafarers (?NORMAM-101/DPC?) through DPC/DGN/MB Ordinance No. 205, dated 07/22/2026, which revoked DPC/DGN/MB Ordinance No. 195, dated 12/18/2025.

The main amendment concerns the possibility for seafarers in the 1st Maritime Group to advance from the rank of Deck Auxiliary Seaman (“MAC“) to Deck Seaman (“MOC“) without completing the Seafarer Training Course. To qualify, an active level 2 MAC must have completed elementary education, demonstrate four years of service in the rank on vessels with a gross tonnage of at least 40 and a length exceeding 12 meters, hold the certifications required under STCW Regulations VI/1 and VI/6, and complete a two-month Onboard Training Period focused on the competencies established in Regulation II/4.

NORMAM-101/DPC further clarifies that seafarers promoted through this pathway will not be eligible to command vessels that may currently be commanded by MOC or Able Seaman. In such cases, command authority remains restricted to seafarers who have attained the rank of Boatswain level 5.

MPor approves update to the Master Plan for the Paranaguá and Antonina Port Complex

On 07/30/2026, Ordinance No. 317/2026 was published, through which the Ministry of Ports and Airports (“MPor“) approved the update to the Master Plan for the Paranaguá and Antonina Port Complex, in the State of Paraná.

The Master Plan is a strategic planning instrument for the port sector prepared for each port complex in Brazil. The document guides short-, medium- and long-term actions and investments and covers matters related to organized ports, private-use terminals, access infrastructure and the port-city interface.

ANTAQ postpones approval of VDC29 area auction due to outdated studies

On 08/13/2026, ANTAQ’s Board of Directors decided not to approve the tender documents for the VDC29 area at the Organized Port of Vila do Conde (PA) during its 616th Ordinary Board Meeting. The Agency decided to first consult the MPor as to whether there remains an interest in proceeding with the tender process.

The matter was placed on the agenda on 07/23/2026, when the rapporteur, Director Lima Filho, voted to approve the draft tender documents. Director Alber Vasconcelos requested further review and recommended a technical reassessment of the EVTEA, which was completed in 2022 and submitted to the Board four years later, under a different logistics scenario.

The VDC29 area is intended for the handling and storage of solid vegetable bulk cargo, specifically soybeans and corn. According to the information presented in the proceeding, the project comprises an area of 67,448 thousand m², a projected capacity of seven million metric tons per year, estimated investments of approximately R$ 908 million, and a 25-year contractual term.