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Proinde free translation of DPC Circular 7/2009 of 22 November 2019Free download

In the lead up to the implementation of IMO-approved Regulation 14.1.3 of Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL), which reduced the sulphur content of any fuel oil used on vessels from 3.5% to 0.5% m/m, the Navy’s Directorate of Ports and Coasts (DPC), representing the Brazilian maritime authority, issued Circular 7/2019 to the local shipping and maritime communities to increase awareness and ensure compliance with the upcoming new requirements.

Said Circular provides the following guidelines to apply from 1 January 2020:

All vessels taking bunkers in Brazil or entering Brazilian ports must be supplied with fuel oil with a maximum sulphur content of 0.5% m/m;
As already allowed by the National Agency of Petroleum, Natural Gas and Biofuels (ANP) through Resolution 789/2019, vessels using exhaust gas cleaning systems (scrubbers), which sulphur cap is 3.5% m/m, must be fitted with equipment approved by the Classification Society and carry an approved plan for compliance with the new fuel oil standard in accordance with the guidelines set forth in IMO Resolution MEPC.259(68);
Port State Control (PSC) inspectors will check documents (vessel’s certificates and plans, bunker delivery notes, test reports, oil record books, etc.) and randomly take samples of fuel oil for testing as per Appendix VI of MARPOL Annex VI;
In the event of non-compliant fuel oils or defective scrubbing systems, the maritime authority may a) undergo a case-by-case analysis and communicate with the Flag State; b) impose a deadline to remedy the deficiency; c) levy pecuniary fines; and d) detain the vessel until the deficiency is resolved. These measures are without prejudice to fines and other penalties established in specific norms on the supply of fuels (Law 9,847/1999), oil pollution (Law 9,966/2000) and environmental crimes (Law 9,605/1998)

Last October, Brazilian state-owned oil giant Petrobras announced it has lowered the sulphur cap for the marine fuels it sells to 0.5% m/m and discontinued the refining of fuel oils with high sulphur contents.