Following our earlier article of 17 February 2026 on Brazil’s new biofouling management requirements, members should note an important regulatory development.
The Brazilian Navy’s Directorate of Ports and Coasts (DPC) has officially deferred the enforcement of penalties and sanctions under the NORMAM-401/DPC biofouling regulations until 10 January 2028. The extension was formalised through Ordinance No. 476/DPC/DGN/MB, published on 3 June 2026.
What has changed?
When we reported on the new regulations earlier this year, enforcement had already been delayed once, with sanctions due to take effect on 10 June 2026. The Brazilian maritime authorities have now granted the industry a further grace period, extending the enforcement date to January 2028.
It is important to note that this extension applies solely to the enforcement of penalties. The underlying biofouling management requirements remain fully in force and have been applicable since June 2025. During the extended grace period, the DPC will continue to take an educational and advisory approach, supporting stakeholders in implementing the new requirements rather than imposing sanctions. At the same time, the authority has emphasised that vessels are expected to comply with the regulations without delay.
The authority has also indicated that this extension is intended to be the final and definitive postponement before penalties become enforceable.
Practical implications for Members
Although the risk of fines has been deferred, members trading to Brazilian ports should not regard this as a reason to delay compliance.
Vessels calling at or operating within Brazilian waters should continue to ensure that:
- appropriate biofouling management procedures are implemented on board;
- hull fouling is monitored and maintained within the standards prescribed by the regulations;
- relevant biofouling documentation is available and kept up to date; and
- any required hull cleaning is planned well in advance, taking local operational requirements into account.
Early compliance will help minimise the risk of delays, inspections or operational issues once the sanctioning regime takes effect in January 2028.
NNPC will continue to monitor developments concerning Brazil’s biofouling regime and keep members informed of any further regulatory changes. Should members have any questions regarding the Brazilian requirements, please feel free to contact us at claims@nnpc-marine.com.
For further guidance, members are referred to the detailed update from P&I Correspondent Proinde:
https://proinde.com.br/manuals/ballast-water-and-biofouling-regulations-in-brazil/
