New IBAMA Regulation on Ship-to-Ship Operations Enters into Force

On January 23, 2026, Normative Instruction No. 22/2025 (the ”NI”), issued by the Brazilian Institute of the Environment and Renewable Natural Resources (“IBAMA"), entered into force. The NI regulates the procedures for issuing Environmental Authorizations for the performance of Ship-to-Ship operations (“STS operations”) in Brazilian jurisdictional waters, fully revoking the former IBAMA Normative Instruction No. 16/2013.

The NI maintains the requirement that vessels must hold an Environmental Authorization for the Transportation of Dangerous Products (“AATPP”) in order to obtain Environmental Authorization for STS Operations (“AASTS”). It also maintains the rule that, whern STS operations are carried out within port areas subject to federal environmental licensing, the AASTS must be obtained within the scope of the relevant licensing process. It also retains the five-year validity period of the AASTS.

Among the key innovations, the NI establishes that, once the AASTS is issued, immediate access must be granted to the National Center for Environmental and Climate Emergencies (“Ceneac”) to a vessel-traffic monitoring system covering the area authorized for STS operations. The regulation also expressly requires the preparation of a Risk Management Plan and an Individual Emergency Plan.

During the validity term   of the AASTS, the following requirements must be observed:

1. Quarterly submission of information on the history of STS operations;
2. Provision of real-time access to IBAMA’s technical staff to information on the position and movement of the vessels involved in STS operations;
3. Submission of information and documents required by IBAMA at least 48 hours prior to the start of each operation;
4. Maintenance of records of STS operations for a period of five years following the completion of each operation;
5. Maintenance of valid registration with the Federal Technical Registry of Potentially Polluting Activities and Activities Using Environmental Resources (“CTF/APP”);
6. Availability, throughout the entire STS operation, of an oil spill response and firefighting vessel compatible with the worst-case scenario provided for in the Individual Emergency Plan (“PEI”).

With respect to restricted or prohibited areas for STS operations, the NI no longer includes submarine mount areas with water depths of less than 500 meters, nor the Foz do Amazonas and Pelotas sedimentary basins. In addition, the new regulation continues not to apply to fuel transfer operations intended for vessel consumption, oil transfer operations carried out by platforms, or STS operations performed in emergency situations.

AASTS authorizations in force as of the publication date of the NI will remain valid until their respective expiration dates. In all cases of renewal, the renewal request must be submitted at least 120 days prior to the expiration of the AASTS, which shall be automatically extended until IBAMA issues its final decision.

The Environmental, Climate Change and Sustainability Practice of Tauil & Chequer Advogados in association with Mayer Brown is available to provide further clarifications on this matter