Brazil reviews container demurrage regulations, inviting industry feedback until October 20, 2023.
Brazil is undertaking a formal reassessment of its container demurrage regulations. The National Waterway Transportation Agency (ANTAQ) has issued an official notice launching Public Consultation SRG No. 03/2026, inviting industry stakeholders to submit comments and recommendations on the subject of 'container demurrage' as defined under Resolution No. 62/2021. The initiative forms part of ANTAQ's 2025-2028 Regulatory Agenda.
In July 2025, ANTAQ established several regulatory principles governing the application of container demurrage charges. The agency stated clearly that demurrage should not apply when a container exceeds its free period due to actions, negligence, or logistical failures attributable to the carrier, a carrier-designated terminal, or an empty container depot.
Furthermore, where a user has demonstrated that a first attempt to return a container was unsuccessful - and that failure is attributable to one of the parties identified above - the accrual of demurrage charges must be suspended from the date of that failed attempt until the carrier restores valid conditions for container acceptance.
In practical terms, ANTAQ had already delivered a definitive regulatory determination on a key question: whether demurrage continues to accrue when a shipper or freight forwarder has made the required return attempt but was unable to complete it due to circumstances on the carrier's side.
Following the 2025 ruling, container demurrage was incorporated into ANTAQ's ongoing regulatory agenda for further examination. The current public consultation is designed to advance a regulatory impact analysis of the issue.
Shipping lines, shippers, and other maritime industry participants are eligible to submit comments. The consultation closes at 23:59 on October 20. ANTAQ has stipulated that submissions must be made through a designated electronic form; contributions received through any other channel will not be accepted. All responses received will subsequently be published on the ANTAQ website.
For freight forwarders engaged in import and export operations on the Brazil trade lane, this regulatory review warrants continued monitoring. The existing rules remain unchanged as a result of the current consultation; however, should the subsequent regulatory impact analysis drive adjustments to the framework, the criteria governing demurrage liability and the mechanics of charge assessment could emerge as focal points for the market in the period ahead.
