Regulation in the Brazilian waterway sector

Transcription

1 Regulation in the Brazilian waterway sector Fernando Fialho Director-general Netherlands February, 2011

2 General data about Brazil Total area Km² States 27 Coast Km Population 192 million GDP 2009 $ Source: MDIC million 2010 Statistical Yearbook 2 % of GD P in Latin Am erica Largest economy in Latin America 8th economy in the world *Source: International Monetary Fund, World Economic Outlook Database, Abril 2010

3 Federal infrastructure regulatory agencies Period Relevance facts 1990s Deep administrative restructuring of the State through delegation of activities Privatization of state-owned companies Delegation of public service exploration to the private initiative Logo Agency Law of creation Brazilian Electricity Regulatory Agency Law 9.427/1996 Brazilian Agency of Telecommunications Law 9.472/1997 Brazilian Nacional Agency of Petroleum, Natural Gas and Biofuels Law 9.478/97 National Water Agency Law 9.984/2000 National Agency for Land Transportation Law /2001 National Agency for Waterway Transportation Law /2001 Brazilian National Civil Aviation Agency Law /2005 3

4 Federal infrastructure regulatory agencies Characteristics Independence (immunity to capture) - Decision-making independence Mandate of directors - Financial autonomy - Autonomy regarding Direct Management - Final decisions not subject to consideration by another AP agency/entity 4

5 Institutional aspects of ANTAQ 5 Created by Law , of June 5, 2001 Special authority linked to the Ministry of Transport and the Ports Secretariat It acts as a agency that regulates, supervises, and harmonizes port and waterway transportation activities. 3

6 Port environment Some of the Agencies involved 6

7 7 State structure Regulation Supervision Port Authority Brazilian Waterway Infrastructure Regulation Supervision Authorization Administrative delegation Private terminals Shipping companies 4

8 Brazil s Port Sector ANTAQ - Range of atuation- Regulation, fiscalization and Normatization 8 Shipping companies for international shipping, cabotage, port and maritime supply Shipping companies operating in rivers, lakes and inland waterways (passengers, loads and crossings) Public Ports (Landlord Ports): 34 Private Use Terminals: 129 Transfer Station Loads (ETC) and Small Public Facility Port (IP4) Use of the Federal Waterway Infrastructure 13,000 Km of the main inland waterways

9 ANTAQ Brazil s Port Sector 9 Range of action Expanding regulatory duties Management of grants Inspection and monitoring the Sector Establishment of the Rules in accordance with the Law Management of Information to Study and Set up the Sector s Structure Integration of the Multimodal System

10 The regulatory environment and the role of ANTAQ 10 Growth of Brazil s trade current Demand for port infrastructure with quality services at low cost Private capital attractiveness for offer of these services, through establishment of stable regulatory frameworks Attraction of foreign investments 6

11 Main instruments of the waterway subsector Valuing planning: - General Port Grants Plan (PGO) - General Waterway Grants Plan - Development and Zoning Plan (PDZ) Improvement of Port Management - Port Leasing Programs Valuing multimodal integration Realization of investments provided in the PNLT Defending the multiple use of waters as an action on behalf of economic, social, and environmental development 11

12 Requirements for regulators 12 7

13 Brazilian port management model MANAGEMENT MODELS 13 PUBLIC AND PRIVATE ROLES IN PORT MANAGEMENT INFRASTRUCTURE SUPERSTRUCTURE PORT OPERATION SERVICE PORT Public Public Public TOOL PORT Public Public Private LANDLORD PORT Public Private Private PORT AUTHORITY = CONDOMINIUM ADMINISTRATION Infrastructure Port operation OGMO Terminals leased or authorized 11

14 Port facilities 14 under Law 8.630/93, Articles 1 and 4 Organized Port Federal Govt. Leasing (sub-concession) Authorization Adhesion contract Exclusive PT Mixed PT Tourism PT Transfer Station Load (ETC) Public Port of Small Size (IP4)

15 PDZ Leasing Program Three planning instruments Approval and Supervision Elaboration Elaboration 15 Elaboration

16 Port Areas and Facilities Forms of exploration 16

17 How it works Examples under Law 8.630/93, Articles 1 and 4 Direct grant Delegation Agreement (Ministry of Transport State Government of Maranhão/EMAP) Grant to the State of Santa Catarina (state grant) Private Grant Grant by Organized Port bidding Authorization by Adhesion Agreement

18 Waterway legislation and it s application in projects PORT TERMINALS PUBLIC BY LEASE (bidding) PRIVATE BY AUTHORIZATION ORGANIZED PORTS ORGANIZED PORT BY GRANT (bidding) LEGAL FOUNDATION Laws 8.630/93 and 8.666/93 Dec 6.620/08, 4.391/02, and 6.413/08 Res ANTAQ 55/02 (under review) IN TCU 27/08 Law 8.630/93 Dec 6.620/08 Res ANTAQ 1.660/10 Law 8.630/93 and 8.987/95 Dec 6.620/08 Order SEP 108/10 PECULIARITIES Assignment of public property Project assessment Term of up to 50 years Property reversible to the Federal Govt. Use of OGMO Term of up 50 years Possibility of operation under consortium Authorization for shipyards and offshore support bases Exclusive use private cargo only Mixed Use private and third-party cargo Private initiative bidding Assignment of exploration of Organized Port to legal entities under public or private law, through public bidding Bidding by ANTAQ, meeting the PGO guidelines 45

19 MACAPÁ SANTARÉM MANAUS 19 BELÉM VILA DO CONDE RORAIMA ITAQUI AMAPÁ FORTALEZA AREIA BRANCA NATAL AMAZONAS CEARÁ MARANHÃO PARÁ CABEDELO RIO GRANDE DO NORTE PARAÍBA PIAUÍ RECIFE SUAPE PERNAMBUCO ACRE ALAGOA TOCANTINS SERGIPE RODÔNIA BAHIA SALVADOR ILHÉUS BARRA DO RIACHO VITÓRIA FORNO MINAS GERAIS NITERÓI RIO DE JANEIRO ITAGUAÍ (Sepetiba) O NEIR DE JA RIO ANGRA DOS REIS SÃO SEBASTIÃO SANTOS ANTONINA ÍRIT OS AN T O GOIÁS ESP MATO GROSSO DO SUL SÃO PAULO 34 MACEIÓ ARATU MATO GROSSO PUBLIC MARITIME PORTS S PARANÁ PARANAGUÁ SÃO FRANCISCO DO SUL RIO GRANDE ITAJAÍ DO SUL IMBITUBA LAGUNA PORTO ALEGRE PELOTAS RIO GRANDE SANTA CATARINA 10

20 MACAPÁ SANTARÉM MANAUS 20 BELÉM VILA DO CONDE RORAIMA ITAQUI AMAPÁ FORTALEZA AREIA BRANCA NATAL 14 TUP AMAZONAS ETC CEARÁ MARANHÃO PARÁ CABEDELO RIO GRANDE DO NORTE 13 TUP RECIFE PARAÍBA PIAUÍ SUAPE PERNAMBUCO ACRE TOCANTINS ALAGOA BA = 8 TUP SERGIPE RODÔNIA BAHIA BARRA DO RIACHO ES = 9 TUP ÍRIT OS AN T O VITÓRIA FORNO MINAS GERAIS NITERÓI Rio = 22 TUP RIO DE JANEIRO ITAGUAÍ (Sepetiba) O NEIR DE JA ANGRA DOS REIS RIO SÃO SEBASTIÃO SANTOS ANTONINA ESP MATO GROSSO DO SUL SÃO PAULO RS= 16 TUP SALVADOR ILHÉUS GOIÁS 129 MACEIÓ ARATU MATO GROSSO PRIVATE PORT TERMINALS SC= 11 TUP (PPT) S PARANÁ RIO GRANDE DO SUL PARANAGUÁ SÃO FRANCISCO DO SUL ITAJAÍ IMBITUBA LAGUNA PORTO ALEGRE PELOTAS RIO GRANDE SANTA CATARINA 10

21 Estatísticas Export Statistics Exportação Percentual de exportação/importação Export/import percentage by sea in Tonnes por viaand marítima $ FOB (2010, Tonelada January e US$toFOB June) 88 Imports In Tonnes 96 Exports In Tonnes Imports In $ FOB Exports In $ FOB Source: ANTAQ Statistical Yearbook 2009 e MDIC, Alice sistem (

22 ANTAQ Database Total cargo transported: Ports and PPT Source: ANTAQ 2009 Statistical Port Yearbook 2010 projection based on Port Newsletter 2 nd quarter 2010 ANTAQ 22 (Amount in million tonnes) 12

23 Development of containerization in Brazil Historical development of container handling 1977 to 2009 Containerization index Source: ANTAQ internal database 23

24 Domestic handling statistics 24 Historical development Container handling series 2005 to 2009 Container handling in TEU x 1000 Source: ANTAQ 2009 Statistical Yearbook TOTAL LONG-HAUL CABOTAGE

25 Container Total cargo transported TEU since projected

26 Planning: Programs and tools required 26 National Port Logistics Plan (SEP/PNLP) by 2012 Port management by results (Dec 6.413/08, Article 2; Order SEP 214/08) Strategic reorganization, management and process plan National Dredging Plan Smart Cargo (rastreability) Reporto (Differentiated tax scheme for modernization and expansion of the port structure ) Growth Acceleration Program PAC (Waterways and Ports) General Grants Plan PGO (waterway PGO in progress) Leasing Programs (Port Authority) 26

27 Waterway Emphasis on the use of inland navigation 27 Integration with the electricity sector in decisions relating to lock projects Waterway PGO Social aspects in passenger transportation in regions of poor infrastructure Multimodality Production outflow Carbon Credits 27

28 Planning: Georeferenced multimodality network Strong emphasis in highways! Pipes Waterways Airways Cabotage Highways Railways Source: PNLT/

29 29 General Grants Plan- PGO Strategic planning for the sector Governance and Guidelines for investment PNLT as a source Considerers environmental aspects in its mapping Indicates areas for expansion (new ports) and expansion of existing port facilities Allows for the clear publication of implementation and development policies In the figure, green areas represent environmental preservation units. The red line shows stretches not released for projects.

30 30 PGO Considered elements FACTORS CONSIDERED 30 20

31 PGO What has the PGO identified on the coast line? 31 21

32 Identification of macro-areas 32 22

33 Characterization of priority sub-areas 33 23

34 Planning for the 2010 World Cup 34 Passenger handling leasing 7 Ports chosen Manaus Fortaleza Natal Recife Salvador Rio de Janeiro Santos Largest bed offer Public investments Amendments to PDZ Assignment of non-operating areas to TOURISM PT 34

35 Tourism PT Planning Resolution 1.556/ Number of passengers in maritime cruises in Brazil season passengers , ,983 Nº de passageiros , Season Temporada Maritime tourism handling grew by 38% during season ,000 passengers expected for the next season = growth above 22% Source: Brazilian Association of Maritime Company Representatives Abremar

36 New projects Barnabé-Bagres Projects 36 Challenges in meeting new demands outflow with no bottlenecks Creation of approximately 20,000 direct jobs Capacity of the Port of Santos with an additional 120 million tonnes 80% installed on water and degraded areas Potentiality to the shipping industry, supply boat, offshore, repair, bulk solids and liquids, retro-areas for containers, general diversified cargo Binding of vocation of the new area to the PDZ elaborated by the CODESP Pre-salt

37 Brazilian navigation flow Maritime trade: 63% performed in 25 ports of the Northern Hemisphere In Brazil, focus on cabotage and inland navigation multimodality 37

38 Maritime support navigation: Pre-salt Petrobras Demand Critical resources Current status (Dec 09) 38 Future status (to be contracted) Cumulative figures By 2013 By 2015 By Support and special boats SS and FPSO production platforms Others (jacket and TLWP) LDA drilling rigs above 2,000m LDA drilling rigs above 2,000m Support and special boats SS and FPSO production platforms +43 Others (Jacket and TLWP) +6 34

39 Cabotage 39 Challenges in shifting modes and fleet growth planning Extensive coastline with ports and port terminals in a continuous modernization process and expansion of the cargo handling capacity Concentration of Brazilian production and consumption sectors along the coast Investment in land transportation infrastructure enabling development of multimodal door-to-door transportation Modernization of Brazilian Companies of Navigation (EBN) in the provision of multimodal transportation services with emphasis on integrated logistics Existence of comparative advantages of cabotage in relation to the highway mode

40 Authorized Brazilian navigation companies Type of navigation Longitudinal inland cargo Longitudinal inland passenger Amount 76 1 Inland crossing 48 Mixed longitudinal inland 35 Worldwide routes (liner services) 20 Cabotage 39 Maritime support 110 Port support

41 Brazilian shipyards current and expected Norte 41 Northeast Characteristic No. of Shipyards Area (m²) Capacity (t/a) Current Future ,000 - Characteristic Current Future 1 7 No. of Shipyards Amazonas 12,000 Area (m²) Pará Capacity (t/a) - 1,500, ,000 - Ceará New tankers, support vessels, platforms, and Pernambuco Alagoas drilling rig ships encourage the construction of Bahia 18 shipyards South Characteristic No. of Shipyards Area (m²) Capacity (t/a) In Operation Expansion Current Future ,000-65,000 - New Plant Rio de Janeiro São Paulo Santa Catarina Southeast Characteristic Rio Grande do Sul No. of Shipyards Area (m²) Capacity (t/a) Source: SINAVAL National Union of Construction Industry of Repair and Offshore Current Future ,715, ,

42 Reasons to invest in brazilian ports Brazil s growth in foreign trade 42

43 Reasons to invest in brazilian ports Cargo demand 43 Ano Granel Sólido % Granel Líquido % Carga Geral % Total Solid bulk Source: Bulletin and Statistic Yearbook - ANTAQ (1) Projection of cargo for the year of 2010 Liquid bulk General cargo

44 Brazil s port sector Cargo demand 44 Container handling development and forecast Total Handling Estimated Handling Forecast Growth rate 27,61% per year TEUs Growth rate 6,04% per year Years

45 Brazil s port sector Cargo demand 45 Cargo handling delelopment and forecast Total Handling Estimated Handling Forecast Growth rate 7,29% per year TONs Growth rate 3,82% per year Years

46 Brazil s port sector Cargo demand 46 Solid bulk devepoment and forecast Total Handling Estimated Handling Forecast Growth rate 13,73% per year TONs Growth rate 5,37% per year Ye ars

47 Brazil s port sector Cargo demand 47 Liquid bulk development and forecast Total Handling Estimated Handling Forecast Growth rate 3,55% per year TONs Growth rate 2,87% per year Years

48 Brazil s port sector Cargo demand 48 Brazil s Port Sector General cargo development and forecast Total Handling Estimated Handling Forecast Growth rate 13,86% per year TONs Growth rate 4,80% per year Years

49 Waterway navigation (Inland navigation) 49 The modal shift: CO2 and fleet cost reduction 48

50 Brazil s port sector Hydrographical basins Hydrographical Basins Amazon Basin North-eastern Basin Sao Francisco Basin Tocantins Araguaia Basin Paraguay Basin Tietê Paraná Basin Southeast Basin South Basin Main Inland Waterways: 11 Total Length: km 50 Brazil s Port Sector

51 Waterway corridors routes for planning 51 *Fonte: Ministério dos Transportes 51

52 Navigation potentialities 52 Source: Ministry of Transport

53 Navigation potentialities 53 Source: Ministry of Transport

54 Transportation matrix under the PNLT Current and estimated for 2025 Demand planning HIGHWAY RAILWAY WATERWAY PIPE AIR

55 RMSP Waterway-RailwayMALHA Connection of the FERROVIÁRIA Port of Santos Highways Railways North Ring Rail South Ring Rail ~50km ~50km Salto Stations Port of Santos Traffic RMSP Traffic 25-40km Waterway ~60km PORT OF SANTOS The Tietê Waterway can be connected to both: Port of Santos (exports and imports) and RMSP (urban cargo)

56 Study of the Waterway Complex of the Santos Lowlands Cargo outflow via waterways with multimodal interconnection with Piaçaguera Highway Cubatão River Casqueiro River Piaçaguera Channel Bertioga Channel Rio Cascalho Santana River Pompeba Plaza São Vicente Plaza Piaçabuçu River Access Channel Port of Santos

57 New Projects: Tietê River Navigation : Construction of a new shipyard by the Tietê-Paraná Waterway, in Araçatuba (Tietê River Shipyard): - Construction of 20 thrusters and barges to transport ethanol, at the amount of $239.1 million - As of 2013, Petrobras will transport ethanol using the Tietê-Paraná Waterway (PAC) - 20 thrusters and 80 barges - 4 billion liters of ethanol per annum = 40,000 truck trips - Ethanol produced in the Center-West and Southeast to the Paulínia refinery, with subsequent outflow via São Sebastião (SP) and Ilha D água (RJ): exports Source: Petrobras

58 Policies for the new decade waterway subsector 58 Making use of the potential for navigation of Brazilian rivers Development of applicable standards and laws Focus on Port Management as modernizers of the port infrastructure Improvement of PNLT, PGO, PDZ and Leasing Programs Integration of various entities interacting with the port activity Investment in access routes to ports and maritime terminals Planning to implement less-favored regions Development of supervision methods and grants agreement

59 59 Thank You Fernando Fialho Director-general