Brazil

Brazil - Ballast Water Management Requirements

Recent years have shown a growing trend of authorities imposing onerous fines for breaches of environmental regulations, not least in the maritime sector.

NORMAM-20

A new regulation, NORMAM-20, has been in force in Brazil since 15 October 2005 and has imposed procedures for ballasting within territorial waters and for recording these operations. Substantial fines of up to US$ 23 million apply for breach of procedure or failure to maintain proper records.

• The regulations apply to all vessels fitted with tanks and/or holds for ballast water entering Brazilian waters.
• Vessels are obliged to carry out an exchange of ballast water at least 200 nautical miles from the coast and only in waters exceeding a depth of 200 metres. The exchange is mandatory for all vessels engaging in commercial navigation between distinct hydrographic basins and/or when the vessel is navigating between maritime and fluvial ports.
• The Brazilian maritime authorities accept exchange of ballast water by either sequential or continuous flow or Brazilian dilution method.
• In the event that the ship is unable to perform ballast water exchange 200 nautical miles from the coast, exchange should be made as far as possible from shore and, in all cases, no less than 50 nautical miles from shore in waters with a minimum depth of 200 metres.
• An exception will be made if the Master reasonably decides that such exchange threatens the safety or stability of the ship, its crew or passengers due to adverse weather conditions, ship's stress, failure of equipment or any other extraordinary condition. The provisions do not apply when it is necessary to safeguard the safety of human life or ships, in the event of force majeure due to stress of weather or any other circumstance which constitutes danger to human life or a real threat to ships, if a discharge of ballast water represents the only alternative to avoid the threat.
• Any violation of the regulations may result in a fine of up to BRR 50 million (about US$ 23 million). The maritime authorities may institute administrative proceedings and take steps to warn, detain or prohibit the entry of the subject vessel into the port and/or terminal.
• Vessels are obliged to maintain on board a Ballast Water Management Plan and records relating to the uptake and discharge of ballast water. Maritime authority agents may carry out inspections of the Plan and these records. Non-compliance may be construed as a violation of NORMAM-20.

There is also a special regime for vessels navigating the Amazon or the Para river. Two exchanges of ballast water are necessary:

Amazon River<br >

• UThe first ballast water exchange should be carried out according to the general rule (see above), i.e. at least 200 nautical miles from the coast (or no less than 50 nautical miles) and only in waters exceeding a depth of 200 meters;
• The second exchange, in order to reduce the salinity of the water, must be carried out between the isobar of 200 meters and Macapa.

Para River<br >

• The first exchange of ballast water follows the general rule;
• The second is to be carried out when the ship is at least 60 nautical miles from Salinópolis and as far as the lighthouse at "Ponta do Chapeu Virado" (Mosqueiro Island).

(Masters of vessels intending to navigate these rivers are advised to confirm with local agents in advance the precise details of the required procedures.)

Fines

Fines imposed as a result of a breach of the NORMAM 20 regulations and the special regime are not automatically covered under by Club Rules. Cover is restricted to fines in respect of: "accidental escape or discharge of oil or any other substance or threat thereof".

In this particular case the breach of regulations is likely to be intentional and any fine imposed will fall under the category of "other fines" which are covered only by way of exception if the Shipowner satisfies the Directors that it took such steps as appear to the Directors to be reasonable to avoid the event giving rise to the fine. Even then, the amount recoverable shall be that which the Directors may in their absolute discretion determine.

Summary

Shipowners with vessels calling at Brazilian ports, the Amazon or Para rivers must ensure that those vessels conform strictly with these regulations. Should the master decide that exchange threatens the safety or stability of the ship, its crew or passengers due to adverse weather conditions, ship's stress, failure of equipment or any other extraordinary condition, such circumstances should be duly documented and, as far as possible, the authorities should be kept informed of the position. If vessels are in a position where compliance is may not be possible Members should contact the Club and/or the Club correspondents immediately in order to ensure that all the necessary steps are taken to protect their position.