The rule requiring ships docking at the Port of Santos to present a certificate of compliance with international ballast water disposal regulations, which had been suspended in December last year, was reinstated on 13 February 2025.
The new regulation was introduced On 11 April 2024 by the APS titled “Standard for Control of Management and Conformity of Ballast Water from Ships Operating in the Organised Port of Santos“, coded NAP.SUMAS.OPR.023.2024. This rule came into effect from 21st Aug 2024 and later on 9th Sept 2024 due user complaints on overlapping regulations, excessive bureaucracy, and high costs for compliance led to the National Waterway Transport Agency (Antaq) suspending the rule.
Later on 24th dec 2024 National Waterway Transport Agency (Antaq) ordered the annulment of the resolution by the Santos Port Authority (APS) that required ships docking at the Santos quay to present a compliance certificate for ballast water disposal.
This regulation mandates that a private company accredited by the port authority must attest that a ship complies with the ballast water regulations under the BWM Convention, NORMAM-401/DPC, and ANVISA Resolution RDC 72/2009, as applicable.
In addition to statements of compliance issued by classification societies, APS now demands licensed companies to issue their statements of compliance (referred to as AC-BWM) stating whether the vessel’s BWMS has been “approved” or “disapproved”. Under the regulation, apart from the obligation to upload documents on the PSP system, the agents must email the ballast water-related documentation directly to the licensed company, which will have 24 hours to analyse the case and issue the AC-BWM for the agents to upload on the PSP, allowing the ship to obtain permission from the port authority to enter the port and berth.
Grace period
During the 12 months following the publication of the new regulation, vessels with failed AC-BWM will be allowed to enter the port and operate normally as long as they meet the requirements set out by other relevant authorities. As the port authority, APS will report non-conformities to the Port Captaincy for appropriate action.
Licensed service providers and price
The new regulation establishes criteria and conditions for companies to be qualified by the APS to provide ballast water compliance-checking services. The prices charged are freely agreed upon between service providers; however, the port authority may intervene to repress actions that may potentially offend the principles of free and fair competition and economic order.
Currently, only one company is authorised by the port authority to issue AC-BWM. The service cost is reported to be around USD 1,400 per document issued for agents who are members of the local union of shipping agents (Sindamar), while non-members will be charged USD 1,700 per AC-BWM.