BRAZIL: National Land Transport Agency ANTT has published updated draft regulations for applications seeking approval to establish and operate new railway projects, including marshalling yards and ancillary facilities.

Announced at the start of September, Resolution 5987 follows the promulgation and coming into force of the 2021 Railway Law in February this year.

ANTT has also published rules intended to resolve potential conflicts between rival promoters of similar projects. Under the Pro Trilhos programme, when Provisional Measure 1065 was in force between August 2021 and February 2022, the Ministry of Infrastructure received 80 requests from 32 organisations seeking to develop railway projects in 15 states. In the meantime further applications have been made to ANTT, taking the total to 89 by September 15.

To date the Ministry of Infrastructure has signed 27 contracts with private companies or groups for implementing new line projects which would together entail investment worth R$133bn. These would add over 9 200 km of new railway to the Brazilian network. So far, none of these projects has materialised.

Under umbrella organisation the National Association of Railway Transport, existing concessionaires are understood to have approached ANTT to request adjustments to their current contracts to reflect recent rises in the cost of materials and construction. Road concessionaires have submitted similar requests, suggesting that the price increases represent force majeure events.