The National Agency for Water Transport (Antaq) approved the norm that establishes regulatory parameters to be observed in the provision of container and volume handling and storage services at public and private port facilities, repealling the Resolution No. 2,389-Antaq, 2012.
Among other aspects, the now approved regulatory standard establishes criteria to be considered when billing the Terminal Handling Charge (THC) and the Segregation and Delivery Service (SSE), also known as THC-2.
The THC is the reimbursement of expenses for cargo handling services between the port terminal gate and the vessel’s side, including the transitory storage of cargo for the term agreed between the maritime carrier and the port facility or operator, in the case of exportation, or between the vessel’s side and its placement in the port terminal stack, in the case of importation.
SSE, on the other hand, refers to the collection, on importation, by the cargo handling service between the stack in the yard and the port terminal gate, not being part of the services paid by Box Rate, nor of the services whose expenses are reimbursed through the THC.
According to ANTAQ, prior to the billing of SSE, there will be electronic scheduling by the facility or port operator of operating windows to be made available continuously and regularly spaced, in order to serve all customers / users.The new rule applies to the private container handling terminals, in line with Law No. 12,815 / 2013 and Decree No. 9,046 / 2017.
Box Rate & Other Services
In accordance with the regulatory standard, the services contemplated in the Box Rate will be performed by the facility or port operator, upon remuneration freely negotiated, established by contract or disclosed in the price list.
In turn, the services not covered by the Box Rate and the storage, when demanded or requested by customers/ users of the terminal, will obey conditions and prices freely negotiated, with the maximum values being previously disclosed in price lists, in observation to the commercial conditions stipulated in the lease agreement and in the ANTAQ rules, forbidding abusive or harmful competition practices.
As a result, port facilities are required to disclose, with thirty days in advance, on their websites and terminal access, the maximum prices and detailed description of the services to be payed by the user, including application rules, deductibles and exemptions, if any.