josé newton gama _reforma do setor portuário bh 18 02 14

BRAZILIAN PRESIDENCY SECRETARIAT FOR PORTS SEP/PR January/2014

PORT SECTOR REFORM AND INVESTMENTS As established by Law Number 12.815, dated June 5th, 2013

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1. INTRODUCTION

2. OBJECTIVES AND STRUCTURE OF THE PORT REFORM

3. LEGAL ADJUSTMENTS

4. NEW INSTITUTIONAL ARRANGEMENT OF THE PORT SECTOR

5. ALTERATIONS IN THE PORT SECTOR ADMINISTRATION

6. ALTERATIONS IN THE PORT SECTOR OPERATIONS

7. TERMINALS TO BE LEASED

8. EXPECTED AMOUNT OF PRIVATE INVESTMENTS

9. ALTERATIONS IN THE NATIONAL DREDGING PROGRAM

10. HIGHWAY AND RAILWAY PORT PUBLIC INVESTMENTS

Summary

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1

INTRODUCTION Previous Ports Law 8.630

LAW 8.630/93,

PREVIOUS PORTS LAW, BROUGHT IMPROVEMENTS SUCH AS INCREASED

PRIVATE PARTICIPATION IN PUBLIC PORT TERMINAL OPERATIONS (LEASINGS)

AND PROVIDED AUTHORIZATION FOR THE ESTABLISHMENT OF PRIVATE USE

TERMINALS TO HANDLE ITS OWN CARGO. HOWEVER, IN ORDER TO SATISFY

THE INCREASED GROWTH IN DEMAND FOR PORT SERVICES, NEW

ALTERATIONS WERE REQUIRED TO UPDATE SUCH LAW.

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1

INTRODUCTION Cargo handling statistics

Source: PNLP

4

506529

571

621644

687

749765

733

838

886905

925

4,5%

8,8%

3,7%

6,7%

9,0%

2,1%

-4,2%

14,3%

5,7%

2,1% 2,2%

7,9%

0

100

200

300

400

500

600

700

800

900

1000

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

-5%

0%

5%

10%

15%

20%

Cargo Handling % Cargo handling growth rates

1

INTRODUCTION

Handling forecasts as stated in National Port Logistics Plan

Forecasts by Cargo Nature

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2

OBJECTIVES AND STRUCTURE OF THE

PORT REFORM

Objectives

MAKE THE COUNTRY MORE COMPETITIVE INTERNALLY AND IN INTERNATIONAL MARKETS

Targets:

Increase port efficiency in order to reduce costs;

Investment attraction in order to increase port handling capacity and consequently absorb growing demand.

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2

OBJECTIVES AND STRUCTURE OF THE

PORT REFORM

In order to attain the proposed objectives, the port reform was structured the following way:

A new INSTITUTIONAL FRAMEWORK which supports the proposed alterations;

Alterations in the PORT ADMINISTRATION;

Alterations in PORT OPERATIONS; and

Investments in PORT ACCESS (NATIONAL DREDGING PROGRAM).

Structure

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3

LEGAL ADJUSTMENTS Legal Instruments that have been altered

Law 12.815, Dated June 5th, 2013

Revoked Laws:

•Law 8.630/93 (Ports Law);

•Law 11.610/07 (National Dredging Program);

Altered Laws:

•Law 10.233/01 (Law which created ANTAQ – National Agency of Waterway Transportation –

Waterways Navigation Regulator);

•Law 10.683/03 (Law which created SEP/PR);

Decree 7.860/2012 created the National Pilots commission;

Decree 7.861/2012 Created CONAPORTOS.

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NEW INSTITUTIONAL ARRANGEMENT

OF THE PORT SECTOR

SEP

Coordinates the planning activities of the port sector

(prepares the National Port Logistics Plan and the Concessioning Plan as well as approves the Port Development and

Zoning Plan)

Concessioning Rights

THE POLICY now encompasses lake

and waterway Ports

Institutional Strengthening of SEP

Policy Decisions

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ANTAQ

Directly regulates and oversees the authorization, leasing and concessioning contracts, besides working

as intervenient in delegation agreements

Attached to SEP

Carries out the bidding

procedures of CONCESSIONS

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NEW INSTITUTIONAL ARRANGEMENT

OF THE PORT SECTOR

Institutional Strengthening of ANTAQ – National

Agency of Waterway Transportation

Regulation and Fiscalization

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Alterations in PORT AUTHORITY RESPONSIBILITIES

BEFORE Law 12.815/2013:

As of Now:

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ALTERATIONS IN THE PORT

SECTOR ADMINISTRATION

Planning SEP • Prepares the National Port Logistics Plan and the Concessioning Plan

as well as approves the Port Development and Zoning Plan.


SEP

Regulation ANTAQ • Focus on the Administration of the port and on the harmonization of

working procedures of Local Commissions of Port Authorities; • It has Performance Targets; • The Port Authority Council is now merely consulting and does not

directly participate in Port administrative decisions .

Administration PORT

AUTHORITY

Port Authorities Planning


Regulation

Administration Port

Authorities

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SECTOR OPERATIONS

More flexible rules to attract PRIVATE INVESTMENTS

LEASING PROCEDURES – Simplification

Tender by auction with inverted phases, focusing first on cost control (greater handling volume of cargo with lowest tariff) and second on technical qualifications;

Tenders with simply the Terms of Reference for environmental studies; Standardization of information for government control bodies.

PRIVATE USE PORT FACILITIES:

Authorization to handle any type of cargo (END of differentiation of CARGO OWNERSHIP ( its own and third parties cargo);

Located outside of the so called “Statutory Port Area”.

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SECTOR OPERATIONS

MANDATORY PUBLIC CALL FOR AUTHORIZATIONS

Transparent authorization procedure; Due public analysis to allow or not total or partial implementation of some of the submitted

projects; Due project selection.

CRITERIA FOR TENDER OF LEASES AND CONCESSIONS

Greater handling volume of cargo with the lowest tariff; End of highest bid selection criteria.

CONCESSION OF NEW AS WELL AS EXISTING PORTS

Partially or as a whole.

LEASES, CONCESSIONS AND AUTHORIZATIONS

Up to 25 years, renewable for the same period, at the discretion of the granting authority; In case of Authorization, its renewal may be indefinitely but also conditioned on the

maintenance of port activities, required quality of services provided and achievement of cargo handling targets.

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SECTOR OPERATIONS

Transition Rules

LEASES

Ongoing Contracts: will remain in force within the established timeframe and shall be procured with at least 12 months prior to its deadline.

Expired contracts or which will expire until July 2014: ANTAQ shall promote its tender until June 2013.

Renewable Contracts: will be conditioned to contract revision and establishment of new cargo handling and investment targets.

AUTHORIZATION TERMS AND ONGOING ADHESION CONTRACTS

ANTAQ shall promote, within one year, due respective alterations according to law 12.815.

PRIVATE USE TERMINALS LOCATED WITHIN THE PUBLIC ORGANIZED PORT AREA

the continuation of their activities will be assured, however they will also have to be adapted to Law 12.815.

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7 TYPES OF CARGO HANDLED IN TERMINALS TO BE LEASED

29 Public Ports

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29 Public Ports where terminals will be leased

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R$54.2 Billion

R$31.0 billion

(US$ 15.5 billion)

in 2016/17

until 2014/15

R$23.2 billion

(US$ 11.6 billion)

New Expected Private investments in concessions, leases and in Private Use

Terminals:

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EXPECTED AMOUNT OF PRIVATE

INVESTMENTS

(US$ 27.1 billion)

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Porto Velho

Manaus/Itacoatiara

Santarém

Vila do Conde

Belém/Miramar/Outeiros

Pecém

Itaqui

Aratu/Salvador

Suape/Recife

Paranaguá/Antonina

Rio Grande

Porto Sul / Ilhéus

Itajaí/Imbituba/São Francisco do Sul

Vitória

Itaguaí/Rio de Janeiro Santos/São Sebastião

Macapá

Cabedelo

Maceió

Porto Alegre

Southeast

Ports

Investments (Million R$)

UF

TOTAL

6,512

7,053

2,944

16,509

6,875

4,466

805

12,146

Vitória

Itaguaí/Rio de Janeiro

Santos/São Sebastião

ES

RJ

SP

2014/15 2016/17

8 EXPECTED AMOUNT OF PRIVATE INVESTMENTS

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Porto Velho

Manaus/Itacoatiara

Santarém

Vila do Conde


Pecém

Itaqui

Aratu/Salvador

Suape/Recife

Paranaguá/Antonina

Rio Grande

Porto Sul / Ilhéus


Vitória


Macapá

Cabedelo

Maceió

Porto Alegre

Northeast

Ports


UF

TOTAL

MA

BA

PE

CE

PA

AL

Itaqui

Aratu / Salvador / Porto Sul / Ilhéus

Recife/Suape

Pecém

Cabedelo

Maceió

1,872

2,760

527

–

–

–

5,159

2,722

1,295

1,414

1,224

107

12

6,775

2014/15 2016/17


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Porto Velho

Manaus/Itacoatiara

Santarém

Vila do Conde


Pecém

Itaqui

Aratu/Salvador

Suape/Recife

Paranaguá/Antonina

Rio Grande

Porto Sul / Ilhéus


Vitória


Macapá

Cabedelo

Maceió

Porto Alegre

South

Ports


UF

TOTAL

1,038

1,343

982

3,363

3,329

781

140

4,250

Paranaguá Antonina

Imbituba/Itajaí/ São Francisco do Sul

Porto Alegre/ Rio Grande

PR

SC

RS

2014/15 2016/17


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Porto Velho

Manaus/Itacoatiara

Santarém

Vila do Conde


Pecém

Itaqui

Aratu/Salvador

Suape/Recife

Paranaguá/Antonina

Rio Grande

Ilhéus/Porto Sul


Vitória


Macapá

Cabedelo

Maceió

Porto Alegre

North

2014/15 Ports


UF

PA

AM

AP

RO

Belém/Miramar/Outeiro/Santarém/ Vila do Conde

Itacoatiara/Manaus

Macapá

Porto Velho

1,505

92

–

–

1,597

3,137

985

135

115

4,372

TOTAL

2016/17


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9

ALTERATIONS IN THE

NATIONAL DREDGING

PROGRAM

National Dredging Program II

Output Based Dredging Contracts for Public Ports;

One contract for a set of ports, providing economies of scale;

Compulsory presentation of guarantees by the contracted firm;

Non renewable 10 Year Term Contracts;

Tenders may be international and use the Differentiated Public Bidding Regime ( Regime Diferenciado de Contratações Públicas – RDC) referred to by Law 12.462, dated August 4, 2011;

Dredgers are not subject to Law 9.432, dated January 8, 1997, which, among other things, establish that foreign vessels will only be allowed to participate in port support navigation when chartered by Brazilian navigation companies.

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9

ALTERATIONS IN THE

NATIONAL DREDGING

PROGRAM


Output Based Dredging Contracts include hiring of the following

engineering works and services:

Deepening, enlargement or expansion of port areas, including navigation

channels, maneuvering and anchoring basins and mooring berths;

Beaconing and Signalization Services;

Environmental Monitoring Services;

And other services aiming at maintaining the depth and safety conditions

established in the implemented project.

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9

ALTERATIONS IN THE

NATIONAL DREDGING

PROGRAM

Dredging R$ million

Set of Ports

Recife, Salvador, Fortaleza and Natal

Itajaí, São Francisco do Sul and Imbituba

Paranaguá

Rio Grande

Santos and Vitória

389

477

860

1,000

1,150

3,800


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HIGHWAY AND RAILWAY PORT

PUBLIC INVESTMENTS

Port Land Accesses

Construction of Multi-modal Logistic Platforms;

45 Vehicle Flows Management Stations in 18 Ports.

R$ million New Investments

Highway

Railway

TOTAL

2,204

436

2,640

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JOSÉ NEWTON BARBOSA GAMA

Special Advisor

BRAZILIANPRESIDENCY SECRETARIAT FOR PORTS

SEP/PR

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josé newton gama _reforma do setor portuário bh 18 02 14

Documents

port operations

port efficiency

port services

port development

port sector operations

port reform objectives

ports law law

port sector administration