Normam-401/dpc consolidates Brazil’s marine pollution framework, covering oil spills, ballast water, anti-fouling systems and biofouling.

Vessel owners, operators and managers should review compliance requirements, including chapter 4 (biofouling).

Context

NORMAM-401/DPC is Brazil’s Maritime Authority Standards for Prevention of Environmental Pollution caused by Vessels and Platforms, the primary environmental compliance instrument for vessels operating in Brazilian Jurisdictional Waters (AJB). The regulation consolidates rules previously contained in separate standards and is structured in four chapters:

Chapter 1: oil spill prevention and administrative proceedings;

Chapter 2: ballast water management;

Chapter 3: harmful anti-fouling systems; and

Chapter 4: biofouling management.

Chapter 4 is a recent addition, introduced in June 2025 by Ordinance No. 180/2025, which made mandatory in Brazil the framework established by the IMO 2023 Biofouling Guidelines, previously voluntary at the international level. On 3 June 2026, Ordinance No. 476/2026 approved a revised, consolidated version of NORMAM-401/DPC. Its principal development is a further postponement of the date from which Chapter 4 penalties apply, now set at 10 January 2028. This is the third enforcement deadline for Chapter 4: the original date of 1 February 2026 was first extended to 10 June 2026 and then deferred to January 2028.

The DPC has stated that this is the final and non-extendable extension. The biofouling management obligations themselves have been in force since June 2025; only the sanctioning regime has been deferred. Chapters 1, 2 and 3 are already fully in force and attract immediate enforcement.

Chapter 4 — Biofouling management (enforcement deferred to January 2028)

Chapter 4 is the most significant innovation of the 2025/2026 amendments. It makes the IMO 2023 Biofouling Guidelines mandatory in Brazil, although they remain voluntary at the international level, and applies to all vessels exceeding 24 metres in length intending to enter AJB, anchor offshore or call at Brazilian ports. Limited exceptions apply, including emergency situations, force majeure and accidental releases. Vessels must comply with the routines established in their Biofouling Management Plan (BFMP) and record them in their Biofouling Record Book (BFRB), including inspections, dry-dockings and in-water cleaning activities. Annex H of NORMAM-401/DPC establishes the minimum contents of both documents. In addition to the BFMP and BFRB, vessels entering AJB or navigating between Brazil’s three marine biogeographical regions* must maintain on board an inspection or cleaning report — prepared in English or Portuguese — demonstrating a biofouling level of Level 1 or below across the hull and niche areas, supported by high-resolution photographs or video footage. Such reports must be issued at the vessel’s last port of call before it proceeds directly to AJB or transiting between biogeographical regions. They remain valid for up to one year, provided the vessel does not become stationary, and must be uploaded to the Porto sem Papel (PsP) system before entry or transit.

Chapter 4 also regulates proactive and reactive in-water cleaning, requiring prior authorisation from the local maritime authority and, as a general rule, full capture of residues removed during reactive hull and niche area cleaning.

The regime is supported by a dedicated enforcement framework. Chapter 4 expressly prohibits violations within AJB, and the Maritime Authority may initiate administrative proceedings, issue warnings and, where an environmental offence is identified, detain the vessel or prohibit its entry into a port or terminal. Breaches of Chapter 4 rules may also expose owners and operators to substantial administrative fines under Brazil’s environmental legislation, ranging from BRL 100,000 (approximately USD 19,700) for reporting-related breaches to BRL 50 million (approximately USD 9,900,000)* in cases involving serious environmental damage or failures to adopt precautionary measures required by the authorities.

Key takeaways

Stakeholders should review their compliance position across all four chapters of NORMAM-401/DPC. Chapters 1, 2 and 3 are already fully in force, and the transition period for Chapter 4 — which runs until January 2028 — should be used to establish robust biofouling management procedures, rather than treated as a deferral of compliance obligations.

In particular, vessel owners, operators and managers should consider:

• Reviewing Biofouling Management Plans and Biofouling Record Books to ensure compliance with the requirements of Chapter 4 and Annex H of NORMAM-401/DPC, and ensuring that inspection and cleaning reports contain all required information, including clear identification of the vessel, location and date of the inspection or cleaning, and high-resolution photographic or video evidence demonstrating a biofouling level equal of Level 1 or below, as defined in Annex J;
• Ensuring that biofouling inspection and cleaning reports are uploaded to the PsP system before entry into AJB or before navigation between marine biogeographical regions, and that supporting documentation — including high-resolution photographs and videos — is maintained on board throughout the report’s validity period of up to one year;
• Assessing voyage planning and operational practices for vessels expected to enter AJB or move between Brazil’s three marine biogeographical regions, particularly with regard to biofouling inspection validity periods, the prohibition on reactive in-water cleaning without waste capture, and the requirement to obtain prior authorisation from the local maritime authority at least 10 days before any planned in-water cleaning operation.

Compliance with Chapters 1, 2 and 3 of NORMAM-401/DPC is already required, and breaches may attract immediate enforcement action. Although penalties and sanctions for non-compliance with Chapter 4 will only become enforceable on 10 January 2028, the DPC has expressly stated that this is the final and definitive extension. The underlying biofouling obligations are already in effect. Vess