Brazil has returned a controversial topic in the maritime transport industry to the regulatory channel with the start of an official review of container delay penalty regulations. The waterways and transport regulatory agency (ANTAQ) has issued a public call for evidence regarding container delay penalties under resolution 62/2021. This review is based on a preliminary assessment of the legal impacts and is part of this agency's regulatory program for the years 2025 to 2028.
Evidence Collection Phase
Transport companies, cargo stakeholders, and other industry participants have until October 20 to submit their evidence and opinions to ANTAQ. The agency also plans to hold a webinar on September 29 to discuss the need to amend the current framework. This review follows recent changes in ANTAQ's interpretation of penalty responsibility for delays.
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ANTAQ's New Interpretation
Last year, ANTAQ intensified its interpretation of penalty responsibility for delays. In a ruling in 2025, the agency stated that delay penalties should be applied in cases where the additional use of a container is due to the choice, fault, or business risk of the cargo user, but not in cases where the delay is caused by actions, negligence, or deficiencies in logistics related to the carrier, designated terminal, or empty container warehouse.
According to this interpretation, the penalty time should be suspended from the first unsuccessful attempt to return an empty container until the carrier provides an effective means to retrieve it. This ruling also directed the issue of delay penalties to ANTAQ's regulatory agenda for further review.
Implications of the New Review
The new process does not yet entail changes to the fee regime. This review initiates the evidence collection phase, which could lay the groundwork for amendments to resolution 62/2021, after the opinions and legal analyses are completed. Recently, ANTAQ has witnessed a more interventionist approach regarding transport costs in Brazil. In August, this agency imposed stricter disclosure requirements regarding additional costs arising from water reductions imposed by carriers in Amazon trades.
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