josé newton gama _reforma do setor portuário bh 18 02 14
DESCRIPTION
ÂTRANSCRIPT
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
1
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
2
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.
3
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
5
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.
6
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
7
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.
8
4
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
9
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
4
NEW INSTITUTIONAL ARRANGEMENT
OF THE PORT SECTOR
Institutional Strengthening of ANTAQ – National
Agency of Waterway Transportation
Regulation and Fiscalization
10
Alterations in PORT AUTHORITY RESPONSIBILITIES
BEFORE Law 12.815/2013:
As of Now:
5
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.
Concessioning Rights
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
Concessioning Rights
Regulation
Administration Port
Authorities
11
6
ALTERATIONS IN THE PORT
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”.
12
6
ALTERATIONS IN THE PORT
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.
13
6
ALTERATIONS IN THE PORT
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.
14
7 TYPES OF CARGO HANDLED IN TERMINALS TO BE LEASED
29 Public Ports
15
29 Public Ports where terminals will be leased
16
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:
8
EXPECTED AMOUNT OF PRIVATE
INVESTMENTS
(US$ 27.1 billion)
17
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$)
UF
TOTAL
6,512
7,053
2,944
16,509
6,875
4,466
805
12,146
Vitória
Itaguaí/Rio de Janeiro
Santos/São Sebastião
ES
RJ
SP
2014/15 2016/17
8 EXPECTED AMOUNT OF PRIVATE INVESTMENTS
18
Porto Velho
Manaus/Itacoatiara
Santarém
Vila do Conde
Belém/Miramar/Outeiros
Pecém
Itaqui
Aratu/Salvador
Suape/Recife
Paranaguá/Antonina
Rio Grande
Porto Sul / Ilhéus
Itajaí/Imbituba/São Francisco do Sul
Vitória
Itaguaí/Rio de Janeiro Santos/São Sebastião
Macapá
Cabedelo
Maceió
Porto Alegre
Northeast
Ports
Investments (Million R$)
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
8 EXPECTED AMOUNT OF PRIVATE INVESTMENTS
19
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
South
Ports
Investments (Million R$)
UF
TOTAL
1,038
1,343
982
3,363
3,329
781
140
4,250
Paranaguá Antonina
Imbituba/Itajaí/ São Francisco do Sul
Porto Alegre/ Rio Grande
PR
SC
RS
2014/15 2016/17
8 EXPECTED AMOUNT OF PRIVATE INVESTMENTS
20
Porto Velho
Manaus/Itacoatiara
Santarém
Vila do Conde
Belém/Miramar/Outeiros
Pecém
Itaqui
Aratu/Salvador
Suape/Recife
Paranaguá/Antonina
Rio Grande
Ilhéus/Porto Sul
Itajaí/Imbituba/São Francisco do Sul
Vitória
Itaguaí/Rio de Janeiro Santos/São Sebastião
Macapá
Cabedelo
Maceió
Porto Alegre
North
2014/15 Ports
Investments (Million R$)
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
8 EXPECTED AMOUNT OF PRIVATE INVESTMENTS
21
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.
22
9
ALTERATIONS IN THE
NATIONAL DREDGING
PROGRAM
National Dredging Program II
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.
23
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
National Dredging Program II
24
10
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
25
JOSÉ NEWTON BARBOSA GAMA
Special Advisor
BRAZILIANPRESIDENCY SECRETARIAT FOR PORTS
SEP/PR
26