President Jair Bolsonaro sent to the National Congress the bill regulating the pilotage service in the country. The justification is to create conditions for the economic regulation of this activity, which consists of helping ship captains to navigate in restricted waters, where there are conditions that hinder the safety of vessels, especially in ports, estuaries and waterways.
In a note, the General Secretariat of the Presidency of the Republic highlights that, “based on the jurisprudence of the Superior Court of Justice, the Law No. 9,537/1998 allows the economic regulation of the activity, by fixing prices only when there is a possibility of interruption in the provision of the service”. The secretary-general classifies the activity as “essential” because of its relationship with the supply and flow of products in the country.
“It happens that the shipowners who are obliged to hire the pilotage service are not free to choose the professional who will provide the service, who act according to a rotation schedule, as provided for in the Maritime Authority Standard (Norman) nº 12”, explains the note when defending that the service will be provided “on a free initiative basis”, in order to avoid charging abusive amounts through economic regulation.
“Thus, the bill aims to contribute to the development of waterway transport, especially cabotage, with favorable effects on the competitiveness of the Brazilian economy”, complements the note by presenting, as references of international experiences, pilotage in countries such as the United States, Argentina, Holland, Sweden, Italy, Norway, Greece, Germany, France and Denmark.
The project provides that the economic regulation of the service will be in charge of the National Agency for Waterway Transport (Antaq), with the Maritime Authority’s competence for technical regulation being maintained.
The project also provides for the possibility for pilots to provide services through business companies.
