On August 26 2013 the Institute for the Environment and Renewable Resources (IBAMA) published Normative Instruction 16. The new rules regulate the technical and administrative procedures for the issuance of environmental authorisation for ship-to-ship operations in Brazilian jurisdictional waters.

Used worldwide, but most often in the Gulf of Mexico, ship-to-ship operations typically involve the transfer of oil and oil products from one tanker to another. Such operations can be carried out between moored or moving ships – in a ship-to-ship operation in sheltered waters the ships are moored, while in open seas the ships may be moving.

The new rules do not apply to oil transfers from production units to ships, or to ships receiving fuel. Futhermore, the new rules set forth that ship-to-ship operations cannot take place in:

  • areas within 50 kilometres (km) of the coast;
  • areas within 50km of federal, state or municipal marine conservation units; or
  • seamount areas less than 500 metres deep.

If an interested party wishes to carry out operations in such areas, it must present technical justification for so doing, which will then be analysed by IBAMA.

Companies interested in obtaining authorisation to carry out ship-to-ship operations must be previously registered with the Dangerous Products Transportation System.

In order to obtain environmental authorisation for ship-to-ship operations, the interested party must submit to IBAMA documents and studies evidencing safe conditions for the operation and response to emergencies, including a risk analysis study and an emergency action plan.

Once granted, the authorisation will be valid for five years.

For further information on this topic please contact Godofredo Mendes Vianna at Law Offices Carl Kincaid by telephone (+55 21 2276 6200), fax (+55 21 2253 4259) or email ([email protected]).

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