Authorities conclude oil spill that badly hit Brazilian coast came from Greek tanker

The Federal Police point to a Greek crude oil tanker as the source of the mysterious oil sludge stranded on Brazilian shores for months

The Federal Police announced last week they had concluded their investigations into the origin of the massive oil spill that hit the coast of Brazil between the end of August 2019 and March 2020. According to the criminal inquiry, the pollution affected more than one thousand different locations across eleven coastal states in what was possibly the largest oil spill ever recorded in the country.

Inquiry findings

The two-year investigations were conducted with the support of a multi-agency workforce involving various national and international bodies, focused on three key points:

• The first point was to study the polluting substance to determine the type of product that impregnated the Brazilian coastline, its characteristics and, especially, its origin. It aimed to identify the actual source since there were different theories (leakage of pipelines, oil platforms or natural oil reserves, ships in transit or shipwrecks, oil slick travelling from Africa, etc.)
• The second aspect was in respect of the exact location of the spill using geo-intelligence techniques (satellite imagery, modelling and simulations performed by specific software)
• The investigation also included a review of data, with national and international cooperation, that could clarify the facts

According to the Federal Police, there is sufficient evidence pointing to a Greek-flagged crude oil tanker as the source of the mysterious oil that reached the Brazilian shores in 2019, without naming the vessel or her owners. They did not elaborate on the quality and strength of such evidence.

Eventually, the head of the police inquiry has indicted the vessel’s Greek managers, her master and chief engineer for pollution crime and environmental damage. Now, the investigation will be referred to the Federal Court and Public Prosecutor’s Office of the northeastern state of Rio Grande do Norte to decide whether charges will be brought against the indictees.  

Earlier this year, the Brazilian Navy had targeted the Greek tanker BOUBOULINA, alongisde two other foreign tankers, as likely culprit.

Reported impact

While the full extent of the oil spill has not yet been determined, the Federal Police affirm that the costs that have been borne by the federal, state, and municipal administrations alone exceed BRL 188 million (US$ 33 million).

Data from the federal environmental agency IBAMA indicate that the affected coastline spans from the state of Maranhão, in Northeast Brazil, down to the state of Rio de Janeiro in the Southeast region (see PDF maps below).

Oil pollution liabilities

Under the relevant laws and regulations, those responsible for causing pollution, wilfully or culpably, are subject to imprisonment fines of up to BRL 50 million (USD 8.8 million), without prejudice to the polluter’s obligation to redress the damage, regardless of fault.

Claims for compensation for environmental damages are entertained through civil public actions brought before the federal courts by public prosecutors on behalf of the society. There is no limitation of liability available under the applicable legislation; therefore, damages must be fully repaired, including interests and monetary restatement.

Last year, the Supreme Court established the legal thesis with binding effect that claims for civil reparation of environmental damage cannot be time-barred.

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