Rules for operating agreements between Brazil...
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Update 15 May 2023: ANVISA’s Resolution RDC 789/2023 of 11 May 2023 revoked Resolution RDC 759/2022. Therefore, it is no longer required to provide proof of vaccination or negative COVID-19 tests to embark or disembark at Brazilian ports. Nevertheless, there is no bar for shipowners to require tests or vaccination from on-signers or shore visitors.
Amended regulation now allows crew disembarkation, embarkation and shore leave in Brazilian ports without prior permission from health authorities.
Given the reduction of reported cases and deaths caused by COVID-19, on 3 November 2022, the National Agency of Health Surveillance (ANVISA) published Resolution RDC 759/2022, which deals with sanitary measures for the operation, boarding and disembarkation of persons from vessels and platforms amid the ongoing pandemic.
RDC 759/2022 repealed the previous regulation (RDC 584/2021, as amended by RDC 605/2022) and introduced significant changes to simplify the transfer of seafarers in Brazil, as summarised below.
Signing off crew
Under the new regulation, previous permission from ANVISA for disembarking Brazilian or foreign crewmembers in national ports is no longer required. It is only necessary that the shipowners provide the party responsible for the vessel, i.e., the local agents, with proof of off-signer full vaccination against COVID-19 or the result of a rapid antigen or laboratory test carried out one day before the vessel’s arrival. Self-tests are not accepted for this purpose.
Shore leave
Once the vessel has been cleared by the authorities (immigration, health, and customs) on arrival, the crewmembers will be automatically allowed to shore leave without seeking prior permission from the port health authority unless, of course, they are considered a suspect or confirmed of any transmissible disease including COVID-19.
Note that shore leave is conditioned to the foreign seafarer possessing either a valid Seafarer’s Identity Document (SID) or a passport, including a visa where one is required because of the traveller’s nationality or status.
Short-term visitors
Following the easing of the regulation, asymptomatic people (non-crew professionals, visitors, service providers and intervening authorities, among others) are allowed to visit the vessel or platform without prior permission from the health authorities as long as they remain on board for no more than six hours and wear a surgical mask or a PFF2/N95 type mask throughout their stay on the vessel.
Visitors staying on board for more than six hours must present to the party responsible for the vessel or platform a proof of full vaccination or a negative or non-detectable test result for COVID-19 carried out up to one day before boarding. Self-tests are not accepted for this purpose.
Signing on crew
On-signing crewmembers, as well as non-crew professionals, visitors, service providers and intervening authorities staying on board longer than six hours, need to provide the party responsible for the vessel or platform with proof of on-signer full vaccination or a negative or non-detectable test result for COVID-19 performed up to one day before boarding. Self-tests are not accepted.
The embarkation of foreign crewmembers is subject to their satisfying the relevant immigration requirements, that is, a valid SID or a passport with a visa where one is required.
Medical assistance
Disembarkation of crewmembers (and passengers) for health care remains subject to the vessel’s command or local agents seeking permission from the health authority and providing the following information for the disembarking crewmember:
- full name
- nationality
- number of the identification document
- date of birth
- date and place of embarkation
- date and time scheduled for disembarkation
- vaccination status for COVID-19
- travel history for the last 14 days
- rank
- cabin number (or location)
- reason for disembarkation.
- clinical conditions:
- observed symptoms
- onset of symptoms (date and time)
- administered drugs, and
- results of examinations carried out on board, if any
- name of the company responsible for the removal and transport, and
- name, address, and telephone number of the crew member’s health service provider
In case of urgency or medical emergency, disembarkation can be carried out without prior authorisation from ANVISA, provided the port’s security protocols and contingency plans are followed. In this case, the shipowner or local agent must provide the information regarding the disembarking crewmember or passenger within 4 (four) hours after landing.
Handling suspect or confirmed COVID-19 cases
Onboard isolation
Crewmembers on board a vessel or platform with signs and symptoms of influenza-like illness should be immediately isolated and, as soon as possible, tested for SARS-CoV-2 infection by rapid antigen or molecular testing.
Symptomatic crewmembers with a negative or non-reactive result for Covid-19 in a rapid antigen test or molecular test must remain in isolation until they have improved respiratory symptoms and are afebrile (without using antipyretic drugs) for at least 24 hours.
Onshore isolation
Disembarkation of Brazilian or foreign crews (or passengers) suspected or confirmed for COVID-19 must have prior authorisation by ANVISA and is conditioned to a guarantee by the party responsible for the vessel or platform of safe transfer and accommodation of the affected persons.
The following information must be made available to the port health authority:
- full name of the crewmember
- nationality
- number of the identification document
- date of birth
- address of the isolation site
- telephone and email, and
- the identity of the crewmember as a suspect or confirmed case or close contact
If prompt repatriation of a suspect or confirmed case cannot be arranged, the party responsible must guarantee accommodation in a proper shore facility.
The disembarked crewmember or passenger must always wear a face mask while ashore.
Isolation period
The isolation onboard or ashore must last for 10 days for mild or moderate flu-like symptoms and 20 days for severe, acute respiratory syndrome, counted from the onset of symptoms, or from the date of collection of the sample for testing, for those who are asymptomatic.
To calculate the isolation period: “day 0” is when the symptoms first appeared, “day 1” is the first full day (24 hours after the onset), “day 2” is the second full day (48 hours after the onset) and so forth.
The isolation may be suspended on the fifth day if a rapid antigen or molecular test is carried out and produces a negative result and the isolated person has improved respiratory symptoms and has been afebrile, without antipyretics, for the past 24 hours. Likewise, the isolation may be suspended on the seventh day for immunocompetent persons displaying mild symptoms, improved respiratory symptoms and no fever for at least 24 hours.
Whenever the isolation period is suspended before the tenth day, the affected person must continue wearing a face mask until the passing of ten days after the outset of symptoms. If the person cannot wear a mask, isolation can only be ended after the tenth day.
Close contacts
Asymptomatic close contacts to a confirmed case must be tested immediately and monitored for 10 days while on board. They must wear a surgical mask or a PFF2/N95 type mask even when outdoors – if they cannot wear it, they must be kept in isolation for 10 days. Their meals should be served at staggered times. Shore leave and recreation activities must be suspended during this period.
If an asymptomatic close contact is ruled out as a suspect case, following negative testing, there will be no need for further monitoring.
Event notification
All suspected or confirmed COVID-19 cases on board must be immediately reported to ANVISA and other local health authorities as the local emergency contingency plan requires.
The vessel or platform must update notifications already made in the event of:
i) atypical behaviour of shipboard health events,
ii) an increased number of cases or severity of the event, or
iii) when there is a need to disembark ill or dead people.
Shipboard outbreaks
Whenever there is an outbreak of transmissible diseases on board of vessels or platforms in Brazilian waters, ANVISA must be immediately notified about the case.
The person responsible must ensure to
i) increase the monitoring of health conditions,
ii) reduce the number of crewmembers in the feeding quarters,
iii) provide face masks for all those on board to be used when they are outside their cabins, and
iv) communicate with the crew about the health situation on board and the procedures to be adopted to mitigate the risk of contagion and contamination.
Vessel quarantine
ANVISA may determine the quarantine of vessels and platforms whenever there is an indication of cases relating to SARS-CoV-2’s variants of concern that are not in sustained transmission in Brazil or serious cases identified on board.
No crew changes or shore leaves are allowed during the quarantine period, and landings are not permitted for emergency medical assistance.
As an alternative to the quarantine, the affected vessel or platform must:
i) disembark the entire crew to perform a 10-day isolation period ashore
ii) arrange the cleaning and disinfection of all surfaces and shared spaces on board
iii) dispose of the waste, and
iv) sign-on a full new crew to resume operations.
All crewmembers on board quarantined vessels are considered close contacts unless, of course, they are suspect or confirmed cases.
Whether or not a vessel under quarantine should stay in an anchorage or come alongside a berth for health inspection will depend on the provisions of the local contingency plan for responding to health events.
Whenever an affected vessel is allowed to remain alongside, moored vessels must be isolated and with their gangway ladder raised. Shore visitors are only allowed on board when strictly necessary and upon ANVISA’s express consent.
The end of the vessel’s quarantine will be determined at ANVISA’s discretion.
A free translation of Resolution RDC 759/2022 is attached.
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