Brazil will enforce new biofouling regulations under NORMAM-401 from 01 February 2026, introducing stricter compliance requirements for vessels calling Brazilian ports. These rules align with IMO Resolution MEPC.207(62) but now carry national enforcement measures, including significant penalties for non-compliance. For background, please refer to the original advisory https://www.iss-shipping.com/advisories/brazil-new-hull-fouling-regulations/.
Key Updates from Latest Guidance
- Sanctions for Non-Compliance:
- Monetary fines up to BRL 2 million.
- Possible vessel detention, with aggravated penalties for repeat offences.
- Enforcement Status:
- No official instructions yet on:
- How inspections will be conducted.
- Which documents will be systematically requested.
- Whether fines/detention will be immediate or if corrective measures (e.g., hull cleaning) will be allowed first.
- Clarification requested from the Directorate of Ports and Coasts (DPC); updates will follow once received.
- No official instructions yet on:
- Compliance Focus:
- Maintain a Biofouling Management Plan and Record Book onboard.
- Hull condition should remain within acceptable limits (microfouling only).
- Cleaning required only if macrofouling (Level 2 or above) is identified, subject to prior authorisation.
- Alignment with IMO Guidelines:
- Requirements mirror IMO Resolution MEPC.207(62).
- Most vessels already operating under IMO standards should be compliant.
- Current Understanding:
- Regulation aims at preventive compliance, not immediate restriction of port calls.
- Mandatory enforcement begins 01 February 2026.