Document from the Presidency of the Republic reinforces the urgency of the notice and makes participation of current operators more flexible

A Civil House released an extensive technical note on the bidding process for Tecon Santos 10, the future mega container terminal of the Port of Santosreinforcing the strategic importance of the enterprise for national logistics and defending relevant adjustments to the competitive auction model.

The document, prepared by the Special Secretariat for the Investment Partnership Program (SPPI), states that the terminal is considered essential to expand the operational capacity of the Santos complex, reduce queues of vessels and reduce logistical costs related to ship demurrage.

According to the note, the Port of Santos already operates close to its capacity limit, concentrating around 30% of Brazilian container movement. The growth of Brazilian foreign trade and cargo movement reinforces the need for urgent expansion of port infrastructure.

The government also highlights that Tecon Santos 10 should consolidate Santos as a regional “hub port”, expanding maritime routes and strengthening Brazilian competitiveness in international trade.

Among the main points of the document is the defense of broad competition in the auction. The Civil House states that there is no federal public policy to prevent the participation of operators already installed in the Port of Santos and that excessive restrictions could reduce the competition’s competitiveness.

The note confronts part of the understanding previously discussed in Antaq and no TCUespecially regarding the limitation of the participation of economic groups already present in the container market in the Santos complex.

In the text, the Civil House states that both the analysis of the CADE and Antaq’s own competition studies did not identify sufficient reasons for a prior ban on the participation of shipowners or vertical operators in the event.

The document highlights that verticalization between shipowners and port terminals is already a consolidated global practice, which can generate economies of scale, predictability of demand and operational efficiency. At the same time, it recognizes that possible competition risks must be monitored by regulatory bodies throughout the contract.

Another important point involves the current operators in the Santos market. The Civil House argues that companies that currently operate in the Port of Santos can participate in the first phase of the auction, as long as they previously prove an irrevocable process of divestment of their current assets, conditioned on winning the contest.

In practice, the proposal opens up space for groups linked to MSC, Maersk, DP World e Santos Brazil compete for the new terminal through the sale of existing operations.

The government argues that this opening can increase competition for the asset, increase the value of the grant and guarantee the selection of the most efficient operator for the project.

The technical note also confirms that the surplus value determined in the project reached R$1.044 billion in net present value, an amount that should make up the fixed and variable award structure of the contract.

In the field of land infrastructure, the document reinforces the need for rail integration of the terminal. The future lessee will be required to build and maintain an internal rail yard with a minimum capacity equivalent to 900 TEUs per day in each operational direction.

Furthermore, the Civil House warns of the scenario of saturation of road and rail access in the port region and calls for the compatibility of the city’s projects. Ecoviasyes MRS and FIPS with future access to the terminal.

In the end, the document reinforces the urgency for publishing the Tecon Santos 10 notice, considered one of the most strategic projects in Brazilian logistics infrastructure.