On February 20 2012 Brazil ratified the International Convention on the Control of Harmful Anti-fouling Systems on Ships with the International Maritime Organisation (IMO). The convention prohibits the use of tin-based organic substances and other poisonous substances in anti-fouling paint applied to ships' hulls.

The convention was adopted by the IMO on October 5 2001 and came into force on September 17 2008. Congress approved the ratification of the convention by means of Legislative Decree 797/2010. The convention will enter into force in Brazil on May 20 2012.

In Brazil, the convention will be regulated by means of NORMAM-23, which sets out the application of the convention to:

  • Brazilian vessels that require painting with anti-fouling systems;
  • foreign vessels docked in Brazil for the purpose of painting their hulls; and
  • those chartered under the temporary enrollment certificate regime.

The rule applies not only to ships, but also to platforms and other constructions that are subject to registration with the maritime authority and can be moved through the water. The rule also establishes an inspection and certification compliance system under the terms of the convention.

For further information on this topic please contact Godofredo Mendes Vianna at Law Offices Carl Kincaid by telephone (+55 21 2276 6200), fax (+55 21 2253 4259) or email ([email protected]).