19/07/2011 - Legislation hampers investment of R$ 6 billion in ports - O Estado de S. Paulo
Investors and sector representatives complain about the increase of restrictive rules on private capital The main reason for investors to imbalance between supply and demand in the Brazilian ports is obstacles in the legislation. Since last year, investors who want to build port facilities for private use must show that the enterprise will not move its own cargo load and not third parties’. Almost all ports that are under construction in the country were designed before the current rule (Decree 6620), as is the case Embraport, Brasil Terminais Portuários (BTP) and the ports of the entrepreneur Eike Batista. Navegantes and Itapoá, in Santa Catarina, also escaped from the restrictions. Since the publication of the rule, the projects were shelved. But this is not the only problem afflicting investors. The government and the National Agency of Waterborne Transport (Antaq) decided to innovate in some measures and rules that are holding an investment of R$ 6 billion, says the president of the Brazilian Association of Port Terminals (ABTP), Wilen Manteli. One of them went public earlier this year when the federal government decided to revive a decree law of 1946 to begin charging a fee for the use of the reflecting pool in ports, marinas, boatyards and platforms. As provided for in The rule, provided for in Administrative Rule 24 not only goes against the claims for reducing the tax burden but also reduces the competitiveness of the national product, since it increases the freight cost. According to Manteli, obstacles created by the government did not stop there. Another innovation that has left investors at a standstill is the requirement of the Technical and Economic Feasibility Study (EVTE), similar to the Resolution No. 1642, the National Agency of Waterborne Transport (Antaq). A terminal that now makes a request to expand the area or reform and improvement of the complex must present the same economic feasibility study as a new lessee or new investor. The most critical item for this measure is limiting the rate of return business. Mantel explained that this rule was originally established for new enterprises, but is now being adopted also for expansions and renovations. "The government must allow the private sector to take its place. Today the rules are not attractive, they scare away investors," says the president of the “Centro Nacional de Navegação” (Centronave), Elias Gedeon The same is claimed by consultant of Porto Assessoria, Nelson Carlini, former president of CMA CGM, "There is a great resistance in relation to increased private investment. We need to reduce restrictions."



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