Ministry of Ports and Airports proposes cooperation for ballast water monitoring

Ballast water is taken from the sea worldwide and stored in ships’ tanks for stability; it is later discharged in ports (Alexsander Ferraz/AT Archive)

The Ministry of Ports and Airports (MPor) is proposing to the Navy a joint effort to monitor ballast water used by ships. The objective is to align guidelines so that port authorities can cooperate while respecting the competencies of the Maritime Authority. The creation of a working group for this purpose was discussed at a meeting held a week ago, which included the participation of the Port Authority of Santos (APS).

Ballast water is taken from the sea worldwide and stored in ships’ tanks to ensure stability and balance when the vessel has little or no cargo. However, when discharged in ports, this water may introduce harmful organisms into the Brazilian marine environment.

In a statement, MPor said the meeting aimed to discuss complementary solutions through which it could contribute by providing guidance and directives so that port authorities can act jointly.

Port of Santos

Currently, APS inspects ballast water discharge supported by a court decision, as the competence of the Port’s managing authority has been challenged since it issued Standard OPR.023.2024 on August 21, 2024, and began requiring an environmental compliance certificate as a prerequisite for ballast water discharge at the Port of Santos. Without the report, the ship cannot dock.

The standard was challenged by the National Center for Transatlantic Navigation (Centronave) and the Brazilian Association of Cabotage Shipowners (Abac), which alleged operational and cost impacts. Subsequently, the National Waterway Transportation Agency (Antaq) administratively annulled the APS standard, claiming overreach of authority.

APS, in turn, appealed to the courts, which recognized its right to control and inspect ballast water at least three times in 2025: in February, the Federal Regional Court of the 1st Region (TRF1) granted a preliminary injunction restoring the standard annulled by Antaq; in July, the 17th Federal Court of Brasília granted a writ of mandamus to APS authorizing the inspection; and, in October, the decision of the 17th Federal Court of Brasília was upheld by the Superior Court of Justice (STJ) — still valid to date.

“Control and disposal of ballast water have become central to the port environmental agenda due to the risks associated with the introduction of exotic species and impacts on marine ecosystems. In this context, MPor and the Navy have established a specific working group to address the matter, with the participation of the Port Authority of Santos”, said APS president Anderson Pomini.

According to the executive, “the initiative aims to develop a joint national standard intended to definitively regulate ballast water management in the country, taking as a reference the model already implemented at the Port of Santos.”

Last year, 5,708 ships docked at the Port of Santos, a 2.7% increase compared to the previous year, according to data from the Port Authority.

Antaq

In a statement, Antaq clarified that, under the International Convention and current Brazilian legislation, the enforcement of compliance with these rules falls to the Maritime Authority, which is responsible for naval inspection in the country.

“This understanding is reflected in Ruling No. 776-2024-Antaq, reported by director Wilson Lima Filho, which declared the nullity of the standard issued by APS due to overreach of authority.”

The Navy did not respond by the time of publication.

Is it allowed or not?

According to the National Waterway Transportation Agency (Antaq), the competencies of port authorities do not include the inspection of ships’ ballast water, “as there is no provision in international conventions or law or in Antaq’s resolutions, in addition to creating a new port tariff that significantly increases the Brazil Cost.”

According to Antaq, port authorities may, when necessary, consult the Maritime Authority in the exercise of their duties, which will carry out the inspection. Regarding court decisions, the regulatory agency stated that it “is monitoring the matter within the procedural scope and has been taking appropriate measures as the case evolves.”

The Port Authority of Santos (APS) states that it bases its requirement on the International Convention for the Control and Management of Ships’ Ballast Water and Sediments (BWM), of the International Maritime Organization (IMO), to which Brazil is a signatory.