In April 2024, the Port of Santos, a pivotal hub among Latin America’s largest and busiest ports and a crucial conduit for Brazil’s international trade, announced a new regulatory requirement effective from August 21, 2024. Under this new directive, all vessels entering the port will need to present a certificate affirming adherence to Ballast Water Management Treatment Systems (BWMTS). This certificate must be issued by a private Brazilian firm accredited by the port authority.

An English version of the new regulatory requirement is attached. This regulation complements the existing international standards set forth by the International Maritime Organization’s (IMO) Ballast Water Management (BWM) Convention, which Brazil integrated into its national legislation in 2022. The local certification aims to validate compliance with the international mandate.

The certification will incur a fee, with foreign shipping companies charged USD 1,390 per port call and Brazilian counterparts facing a lower fee of USD 797. This disparity has sparked concerns of potential discrimination and protectionism, given that foreign vessels will bear nearly double the cost imposed on domestic ones.

Ships will only be permitted entry to the port upon presenting an “approved” compliance statement, known as an AC-BWM, which must be uploaded to the Paperless Port System (PSP). This has created concerns such as the possibility of operational delays, increased administrative burdens and the possibility of influencing other ports to have similar policies in place.

The urgency of this issue is heightened by the fact that, even though there is a grace period of 12 months during which ships with a failed AC-BWM may still operate in the port, provided they comply with other relevant authorities’ requirements, the grace period is shorter in practice since it starts from the date of the regulation’s publication, not its enforcement date.

The Santos Port Authority, falls under the Ministry of Ports and is currently led by a CEO appointed by former Minister Márcio França. On September 5, the Norwegian Shipowners’ Association based in Brazil met key stakeholders in Brasília, including the Deputy Minister from the Ministry of Ports and the General Director of the National Waterway Transport Agency, to discuss this issue.

Members will be updated with the outcome of the meeting when it is made available.

Members are also encouraged to direct any comments or queries on this issue to, Meme Lamlum, ICS Policy Officer, at – meme.lamlum@ics-shipping.org

SPC(24)29 -Annex A – NAP.SUMAS.OPR.023.2024 (English Translation)