The Ministry of Ports and Airports (MPor) has established a Working Group (WG) to harmonize the rules applicable to concessions for ports, airports and waterways. The initiative seeks to broaden legal certainty, increase regulatory predictability and make infrastructure projects more attractive to investors.
During the event, the ministry's minister, Tomé Franca, stressed that, although the three sectors have their own characteristics, it is necessary to advance on common guidelines to strengthen the regulatory environment for concessions granted by MPor.
"Our objective is not to create any kind of rupture, but rather to generate coherence between modes of transport. Naturally, respecting the specificities of each sector, but, in what is fundamental and structural, we believe it is possible to build a regulatory intelligence that brings the experiences of each sector," he stated.
The Working Group will be responsible for assessing the possibility of harmonizing the rules applied to the different modalities administered by MPor, considering the economic and regulatory impacts of the measure. The collegial body will also need to analyze aspects related to legal certainty, based on precedents from the Court of Accounts of the Union (TCU).
In the case of contract extensions, the WG should propose guidelines aimed at expanding economic gains for the State, carrying out new investments and improving the provision of services offered to the population.
From an economic standpoint, the standardization of rules tends to reduce risk perception on the part of investors, helping to lower the weighted average cost of capital for projects. The measure can also increase the attractiveness of concessions and facilitate the financing of new infrastructure ventures.
"The government managed to present good projects, we have achieved institutional stability in recent years, which is important. The relationship with the Executive Branch, with the courts, this matters to those investing in Brazil and, naturally, the strengthening of agencies to provide regulatory stability. This tripod is essential for us to consolidate and grow this infrastructure cycle," added the minister.
Structure and operation
The Concessions Working Group will be coordinated by the Special Assessment of the Ministerial Cabinet and will have representatives from the Executive Secretariat, the National Secretariat for Waterways and Navigation (SNHN), the National Civil Aviation Agency (Anac) and the National Agency for Aquatic Transport (Antaq). Experts and external entities may be invited to participate in discussions, without voting rights. Participation in the WG is considered a provision of relevant public service, without remuneration.
For the president-director of the National Civil Aviation Agency (Anac), Tiago Faierstein, the integration promoted by the group strengthens national infrastructure as a whole: "There is no case in the world of a developed sector without government support. And there is no developed country without developed port and airport sectors. What is being done here is something that is also not historically cultural, which is integration. We need to attract investment, we need to talk to the private sector and understand how we create a favorable environment," he stated.
"One of the strongest ways to think about differentiated solutions is when we sit at the table together and discuss. And the greater the diversity, as it is here, the better. We have to think about the social aspect, which is the only way the country will grow," added Antaq's substitute director, Cristina Castro.
The private sector was represented by the National Confederation of Transport (CNT), the entity with the largest representation in the transport and logistics segment in Brazil: "This shows us an opening by everyone and the interest in bringing the private sector to contribute to the debates. Indeed, we believe in a lasting and promising outcome," highlighted CNT's government adviser, Dim Michelle Rodrigues.
The WG will have a 90-day deadline to present a final report with the studies developed and proposals for guidelines on public policies and regulatory improvement.
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