Brazilian Ballast Water Requirements - further clarification

Members will have noted the new requirements as of 15 October 2005 for ballast water management in Brazil, as advised in Weekly NEWS No. 42/2005, No. 43/2005 and No. 46/2005. 

Since informing members of this legislation, INTERTANKO and INTERCARGO have received numerous enquiries related to the class approval of the Ballast Water Management Plan (BWMP). Contact has been made with several classification societies and with the Diretorio de Portos e Costas (DPC) in Brazil to seek clarification.  

We offer the following guidance to members based on information received in the last 24 hours from both Lloyd's Register (Brazil and London) and directly from the Brazilian DPC: 

1)     Foreign flag ships chartered to Brazil will have to be approved by a classification society recognised by the DPC. "Chartered to Brazil" means a ship that will have the licence to operate between Brazilian ports and requires the submission of the so-called "Inscrição Temporária", i.e. a "Temporary Registration" in a BrazilianPort.

 2)     Foreign Flag vessels trading to/from Brazil do not need to have the BWMP approved. 

3)     For Brazilian vessels and vessels that are chartered to Brazil, a period of grace will be given provided they are able to give some evidence that they have submitted the plan for approval. A BWMP, however, must be available from 15/10/2005. 

4)     The Brazilian requirements do not stipulate the need for a Ballast Water Management Certificate for any type of ship. This is contrary to information being circulated by some agents. 

5)     In case a master believes that his ship and its owner are not being treated fairly by any PSC officer, they may appeal to the DPC ( An example of this has been reported in relation to the reporting form. In a particular case when a master used a reporting form from the ships BWMP (as per the IMO standard format), the agent was concerned that the PSC would not accept such a form. However, the form annexed to the Brazilian legislation is exactly the same as the IMO standard format but with a different heading. Confusion may therefore arise due to a lack of understanding related to the international form and that used by the Brazilian DPC - the forms are the same and therefore the information being submitted is also the same. 

We hope the above assists in clarifying the current confusion related to this legislation. 

INTERTANKO will keep members advised if the status of the requirements changes. Meanwhile, please contact us with any feedback or problems related to this matter. 

Contact: Tim Wilkins