The Port of Santos, Brazil’s largest port, has reinstated its mandatory ballast water discharge inspections following a court injunction by Justice Teodoro Silva Santos of the Superior Court of Justice (STJ). This move restores strict compliance requirements for all vessels calling at the port, aiming to prevent environmental risks linked to untreated ballast water. The decision reverses a ruling by the National Waterway Transport Agency (Antaq) that previously invalidated the measure.
Court Ruling Restores Mandatory Inspections
The Santos Port Authority has resumed enforcement of the rule requiring vessels to present a certificate verifying compliance with international ballast water discharge standards before docking.
This follows the STJ injunction that upheld the port authority’s regulatory authority, rejecting Antaq’s argument that the port was exceeding its jurisdiction.
Under Brazil’s national regulations (NORMAM 401), ships must comply with either:
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D1 standard – discharging ballast water far from the coast (200 nautical miles offshore at 200m depth, or 50 miles offshore if depth criteria are met), or
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D2 standard – treating ballast water through onboard approved systems such as UV filtration or electrochlorination.
Previously, inspections relied on random sampling and captain-provided data, but now all vessels will be monitored, increasing regulatory control.
Operational Challenges and Concerns Over Costs
Despite environmental benefits, the reinstated rule has raised concerns among shipping companies. Only one company is currently authorized to conduct the mandatory verification, charging around US$ 1,500 per vessel a cost many consider excessive and symptomatic of regulatory overreach.
The accredited company uses AI, GPS, and advanced data verification tools to confirm whether vessels discharged ballast water in approved zones or used IMO-compliant treatment systems.
According to the port authority, the stricter oversight is justified. Past inspections revealed that one-third of vessels were not complying with legal requirements, posing risks of bioinvasion and pollution.
Ballast water may carry sewage, toxic residues, and invasive species that can disrupt ecosystems and endanger public health. With global shipping moving 10 billion tons of ballast water annually, and Brazil alone handling 80 million tons, the port warns the risks are significant.
At this stage, the port will not impose fines, giving shipowners time to adjust to the reinstated regulation.
The decision to reinstate mandatory ballast water inspections at the Port of Santos underscores Brazil’s commitment to safeguarding marine ecosystems and improving regulatory compliance. While stakeholders have raised concerns about costs and the single-provider model, the port authority maintains that environmental protection must take precedence. As global maritime trade grows, stricter monitoring at major ports like Santos will play an increasingly vital role in preventing harmful bioinvasions and ensuring sustainable shipping operations.
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Source: Safety4Sea
