Oil Operations at Rio de Janeiro and Niteroi Ports

October 2005

During one of frequent scheduled calls at the port of Rio de Janeiro, shipowners were recently served with a fine by the Port Authorities for a breach in bunkering regulations.

Local lawyers report that as of 22nd January 2000 the Port Rules of Rio de Janeiro and neighbouring Niteroi were amended, specifically under Section 7.4;

7.4: "All supply or removal of oil from the ships, whether provided by sea or by land, shall be previously authorised by the Port Authority, by presentation by the ship agent, shipowner or its servant or any other interested party of the movimentation and emergency plans, so that said services can be carried out in accordance with the rules for protection of the environment." 

9.4 "The main infractions according to each nature of seriousness, are the following: 

"I - Very serious, when the Port Operator or the party: ... 

" c does not comply with the stipulation set forth in items 7.3, 7.4 and 8, letter 'p' of this Rule."

The amended regulation requires the shipowner or locally appointed Agents to notify the Port Authorities prior to either the supply of bunkers or the removal of oil. The absence of prior notification of such operations is treated as a "very serious" infraction, notwithstanding any mitigating factors. The fixed penalty for "very serious" infractions is UFIR 20,000.00, equivalent to R$ 32,098.00 or US$ 13,775.00.

The amendment of the Port Rules was introduced with minimal publicity and the circumstances under which the new Rules are implemented are not clear. As such it is possible that parties may not be aware of the change. It is therefore recommended that all shipowners calling at the ports of Rio de Janeiro or Niteroi take note of these requirements, and ensure that their locally instructed Agents are aware of the procedures the revised Port Rules demand.