【Port】 Port of Santos, Brazil new requirement for ballast water management//The regulation is now into effect// Update on 14th Nov. 2025//

Update on 14th Nov. 2025

The latest information has been released, and the Santos Port Authority has decided to re-enforce the NAP.SUMAS.OPR.023.2024 regulation. Below are the key points:

1. Background

Since August 21, 2024, all vessels entering the Port of Santos have been required to submit an additional certificate proving compliance with the International Ballast Water Convention.

This certificate is issued by Brazilian private companies accredited by the Santos Port Authority, with a cost of USD 1,390–1,700 per issuance.

Following opposition from industry associations, the Brazilian National Waterway Transport Agency (ANTAQ) temporarily suspended the regulation, but subsequent legal disputes have changed the situation.

2. Developments to date and recent trends

Feb 2025: The Santos Port Authority reintroduced the additional certification requirement following a court decision.

Jul 2025: Another court invalidated the regulation, but the Port Authority appealed again.

Oct 29, 2025: The Brazilian Superior Court temporarily suspended all legal proceedings due to jurisdictional issues and granted provisional authority over urgent matters to the 17th Civil Division of the Federal District Court.

The Santos Port Authority interpreted this decision as allowing the regulation to be reinstated and has re-enforced NAP.SUMAS.OPR.023.2024.

3. Industry associatino's position

The ICS Secretariat has pointed out that this additional certification requirement contradicts the intent of the Ballast Water Management Convention (particularly Article 7, Paragraph 2) and constitutes a redundant and unnecessary regulation.

ICS is working with Brazilian shipowners’ associations to consider future countermeasures.

Further updates will be provided to members as new information becomes available.

SPC(25)78 - REINSTATEMENT OF ADDITIONAL BALLAST WATER CERTIFICATION REQUIREMENTS AT THE PORT OF SANTOS BRAZIL.pdf

Update on 26th Feb. 2025

 In a new twist, the ballast water regulation at the Port of Santos is back in effect following a ruling by the Federal Regional Court of the 1st Region in Brasilia. The Santos Port Authority (APS) announced that the regulation will take effect from 13 Feb. 2025.

Please be noted that vessels which call port of Santos shall have State of Compliance :SOC.

https://proinde.com.br/circulars/new-ballast-water-requirements-at-santos/

////////////original article///////////////////////////////////////////////////////////////////

On 11 April 2024, the APS(Santos Port Authority) issued its new regulation titled “Standard for Control of Management and Conformity of Ballast Water from Ships Operating in the Organised Port of Santos“, which Brazil P&I correspondents Proinde explains in the circular. 

This circular explains about the new regulation as follows:

• From 21 August 2024, ships entering the port of Santos will be required to hold a statement of compliance(SOC) certifying that the ship complies with the ballast water regulations (the International BWM Convention for the Management and Control of Ballast Water and Sediments and Brazilian Domestic Laws).
• This SOC is issued by a private company which is accredited by the port authority
• 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 SOC for the agents to upload on the Port System.
• 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 SOC.
• Vessel berthing will not be allowed if the SOC is issued as 'disapproved'
• During the 12 months following the publication of the new regulation, vessels with failed the regulation 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.

We investigated this circular and found that it has only been a short time since the regulation was entered into force and there was no information on cases where the certificate was not issued. Also, this rule applies regardless of whether or not ballast water is discharged at the Port of Santos.

When entering the Port of Santos, we recommend that you contact the local agent and inquire about the procedures required for issuing the SOC.

Please find below link 
New ballast water requirements at Santos

Update on 6th Sep. 2024

the National Agency of Waterway Transport (ANTAQ) issued an injunction order inaudita altera parte (without hearing the other party), immediately suspending the enforcement of this regulation. 

Please find below link

Port of Santos: new ballast water requirements suspended

Update on 5th Feb. 2025

in a judgment session held on 12 December 2024, the board of ANTAQ unanimously decided to annul the Santos Port Authority (APS) Resolution NAP.SUMAS.OPR.023.2024 for good.

Please find below link.

https://proinde.com.br/news/port-of-santos-new-ballast-water-requirements-suspended/