Federal Constitution

Establishes art. 225, Chapter VI - On the Environment, that everyone has the right to an ecologically balanced environment, a common good for the people and essential to a healthy quality of life, imposing on the Public Power and the community the duty to defend and preserve it it for present and future generations.

Law nº 6,938, of August 31, 1981

Institutes the licensing of potentially polluting activities as an instrument for implementing the National Environmental Policy, implementing the Environmental Impact Assessment as an element of protection and control of environmental degradation. It adopts the “polluter pays” principle, which obliges the offender to restore the degraded environment, regardless of the criminal sanctions to be applied. Creates the National Environmental System - SISNAMA, with its federal, state, municipal and Federal District licensing bodies, and the National Environmental Council - CONAMA, which outlines general lines of environmental regulation.

CONAMA Resolution nº 1, of January 23, 1986

Establishes the Environmental Impact Study – EIA – as a tool for assessing environmental degradation due to human activities. The EIA is a mandatory instrument for environmental licensing for new activities or expansion of existing ones, if they are potentially or actually causing significant environmental degradation. Presents the general outline of the Environmental Impact Study and the Environmental Impact Report.

Law nº 8,630, of February 25, 1993

The Port Modernization Law establishes in its art. 4, item II, § 1, that the exploitation of port facilities is subject to the approval of the respective environmental study, in compliance with Law No. 6,938/81, of the National Environmental Policy. According to articles 30 and 33, the Port Authority Council and Port Administrations are responsible for protecting the port environment.

Law nº 7,661, May 16, 1998, on Coastal Management

Law nº 7,661/88 established the National Coastal Management Plan – PNGC, having been regulated by Decree nº 5,300/2004. In addition to regulating the limits, management powers and rules of use and occupation of the Coastal Zone, the Decree also establishes the limits and powers for the management of the Seashore, providing instruments aimed at implementing the “Project Waterfront” by coastal municipalities.

Port Environmental Agenda, December 2, 1998

Approved by CIRM Resolution 006, dated 12/02/98, the Port Environmental Agenda consists of basic commitments by port agents, public and private, aimed at the quality of the environment in which the port is located.

Law nº 9,433, of January 8, 1997

Establishes the National Water Resources Policy and creates the National Water Resources Management System, which must always provide multiple uses of water.

Law nº 9,537, of December 11, 1997

Provides for the safety of waterway traffic in Brazilian jurisdictional waters and provides other measures. It deals with the duties and procedures related to the control of environmental pollution caused by vessels.

Law nº 12,305, of August 2, 2010

Establishes the National Solid Waste Policy, regulated by Decree No. 7,404/10, providing for its principles, objectives and instruments, as well as guidelines relating to integrated management and management of solid waste, including dangerous waste, and responsibilities of generators and public authorities and applicable economic instruments.

Law nº 9,605, of February 12, 1998

Called the “Environmental Crimes Law” or “Law of Life”, it establishes the principle of joint and several liability observing the hierarchical chain of attributions and determines the penalties relating to environmental crimes.

Law nº 9,966, of April 28, 2000 (Called the Oil Law)

Establishes the main environmental compliances for preventing and combating pollution, such as Waste Treatment, Individual Emergency Plan, Pollution Risk Procedures Manual and Environmental Audit.

CONAMA Resolution nº 05, of August 5, 1993

Defines minimum procedures for the management of solid waste from ports and other facilities, with a view to preserving public health and the quality of the environment.

CONAMA Resolution nº 237, of December 19, 1997

Orders the environmental licensing process for potentially polluting activities, such as port activities, establishing responsibilities, forms and deadlines for licensing. Establishes in Article 4 the conditions under which licensing would necessarily be the responsibility of IBAMA.

CONAMA Resolution nº 306, of July 5, 2002

Resolution No. 306 establishes the aspects to be considered by the environmental audit in organized ports, in compliance with what is established by Law 9,966/00, regulated by Decree No. 4,136, of February 20, 2002

CONAMA Resolution nº 344, of March 25, 2004

Establishes the general guidelines and minimum procedures for the evaluation of material to be dredged in Brazilian jurisdictional areas, the classification and management criteria for this material, determining the possibility or not of its disposal on land or in inland and maritime waters . Said Resolution establishes the degree of pollution that completely restricts or determines additional environmental studies for the disposal of material from dredging.

CONAMA Resolution nº 357, of March 17, 2005

Provides for the classification of bodies of water and environmental guidelines for their classification, as well as establishing the conditions and standards for releasing effluents.

CONAMA Resolution nº 398, of June 11, 2008

Provides for the minimum content of the Individual Emergency Plan for oil pollution incidents in waters under national jurisdiction, for organized ports, port facilities, terminals, pipelines, onshore probes, platforms and their support facilities, refineries, shipyards, marinas, nautical clubs and similar facilities, and guides their preparation.

RDC nº 56, of August 6, 2008/ANVISA

Provides for the Technical Regulation of Good Sanitary Practices in Solid Waste Management in the areas of Ports, Airports, Border Crossings and Customs Enclosures.

RDC nº 72, of December 29, 2009/ANVISA

Institutes new concepts for the removal of solid waste from vessels, defining responsibilities and procedures for their removal and disposal. Replaces the PGRS with “Good Solid Waste Management Practices”. From the entry into force of this Resolution, on March 1, 2010, the management of solid waste generated in the area of ​​responsibility of the port administration, consignees, tenants or lessees must be carried out in an integrated manner by such actors, aiming to avoid harm to public health and the environment.

NORMAM nº 08, of December 16, 2003

Establishes that the stopping or anchoring of a vessel in the Brazilian Territorial Sea must be done in a convenient location in the interest of preventing environmental pollution. According to this standard, it is up to the Port Authority to decide on disagreements on matters that may have an impact on the prevention of water pollution in ports. It also makes clear the need for a maritime traffic monitoring system by the Maritime Authority in the areas of prospecting, exploration and production of oil and gas on the Brazilian coast, in addition to the adoption of preventive measures related to the risk of potential environmental accidents in these areas.

NORMAM nº 20, June 14, 2005

Establishes requirements regarding the prevention of pollution by vessels in Brazilian Jurisdictional Waters (AJB), with regard to Ballast Water Management. Management is based on Luiza - Aratu's fundamental basis: the exchange of Ballast Water in accordance with the Resolution of the Assembly of the International Maritime Organization (IMO) A.868(20), of 1997 and the International Convention for the Control and Management of Ballast Water. Ship Ballast and Sediments, adopted in February 2004.

Ordinance nº 104, of April 29, 2009/SEP

Provides for the creation and structuring of the Environmental Management and Occupational Health and Safety Sector (SGA) in ports and maritime terminals. According to this ordinance, this sector is responsible for carrying out studies and actions linked to port environmental management, such as environmental licensing and those resulting from environmental programs, in addition to those related to safety and health at work.

Ordinance nº 414, of December 30, 2009/SEP

Establishes the guidelines, general objectives and minimum procedures for the preparation of the Port Development and Zoning Plan – PDZ. According to this ordinance, surveys and studies on the structure of the port for the preparation of the PDZ must consider the environmental situation of the ports, including environmental management and environmental licensing.

ORDINANCE nº 3.114/78/MTE NR 29 and NR 30

Regulatory Standard NR-29

The provisions contained in this NR apply to port workers in operations on board and on land, as well as to other workers who carry out their activities in organized ports, port facilities for private use or retroport facilities located inside or outside the port area. organized port. It proposes special attention to the handling, transport and storage of dangerous products, and contains lines of joint and organized action in fire or explosion situations.

Regulatory Standard NR-30

This standard aims to protect and regulate the safety and health conditions of waterway workers. It applies to workers on national or foreign-flagged commercial vessels within the limits of the provisions of ILO Convention No. 147 (Minimum Standards for Merchant Shipping), used in the transport of goods or passengers, including vessels used to provide services. .

ANTAQ and environmental regulation

ANTAQ's institutional obligations in relation to the environment, arising from Law No. 10,233/01, which creates ANTAQ and its Regulations

a) Adjustment

Law nº 10. 233/01 Section I - General principles

Art. 11 - The management of infrastructure and the operation of waterway and land transport will be governed by the following general principles: (...)
V - make transport compatible with environmental preservation, reducing levels of noise pollution and contamination of the atmosphere, soil and water resources.

Section II - General Guidelines

Art. 12 - These constitute general guidelines for the management of infrastructure and the operation of waterway and land transport:(…)
V - promote the adoption of appropriate practices for the conservation and rational use of fuels and preservation of the environment;

Section III - ANTAQ's responsibilities

Art. 27 - It is up to ANTAQ, in its sphere of activity:(...)
XIV - establish norms and standards to be observed by port authorities, in accordance with Law No. 8,630/93, of February 25, 1993. (...)
XIX - establish standards and technical norms relating to waterway transport operations of special and dangerous cargo;

Section IV - Procedures and control of grants Subsection I - General rules

Art. 28 - ANTT and ANTAQ, in their respective spheres of activity, will adopt the standards and procedures established in this Law for the different forms of grant provided for in arts. 13 and 14, with the aim that:
I - The operation of infrastructure and the provision of transport services are carried out in an appropriate manner, satisfying the conditions of regularity, efficiency, safety, timeliness, generality, courtesy in the provision of the service and reasonable fares.

Section IV - Procedures and control of grants Subsection II - Concessions

Art. 35 - The concession contract must faithfully reflect the conditions of the notice and the winning proposal and will have essential clauses relating to: (...)
III - mode, form and conditions of exploitation of infrastructure and provision of services, including with regard to the safety of populations and preservation of the environment.

ANTAQ Regulations

Art. 3rd - ANTAQ is responsible, in its sphere of activity, to adopt the necessary measures to serve the public interest and the development of port and waterway transport activities and, in particular: (…)
V - execute acts granting concessions for the exploration of waterway and port infrastructure, managing and supervising the respective contracts of other administrative instruments. (...)
XX - Authorize the construction and operation of private port terminals, for exclusive or mixed use, as provided for in Law No. 8,630/93, and supervise their operation.

b) Inspection

Law nº 10,233/01

By Article 51-A of Law No. 10,233/01, ANTAQ is assigned the responsibility to supervise and inspect the activities carried out by Port Administrations in organized ports, respecting the terms of Law No. 8,630/93, which attributes to the Port Administration Council - CAP and the Port Administration (articles 30, § 1°, XII and 33, § 1°, VII, respectively) the competence to ensure compliance with environmental protection standards and an environmentally correct activity . It is understood that ANTAQ is responsible for working with the two entities to ensure that they comply with the institutional obligations listed above.

International Conventions

International Convention for the Safety of Life at Sea - SOLAS-74

The International Convention for the Safety of Life at Sea was adopted internationally in 1974 and promulgated in Brazil by Decree No. 87,186, of May 18, 1982. It essentially deals with navigation safety, addressing aspects such as communication equipment, port openings, hold, ports of refuge and other matters.

International Convention for the Prevention of Pollution from Ships – MARPOL (1973) and Protocols of 1978 and 1997 (Annex VI)

MARPOL establishes rules for the prevention of marine pollution caused by International Conventions on ships. In addition to oil, the Convention also covers other forms of pollution, whose technical regulations are detailed in the following annexes:

I - Rules for the Prevention of Oil Pollution;
II - Rules for controlling pollution by harmful liquid substances in bulk;
III - Rules for the Prevention of Pollution by Harmful Substances Transported by Sea in the Form of Packaging;
IV - Rules for the Prevention of Pollution Caused by Ship Sewage;
V - Rules for the Prevention of Pollution Caused by Ship Trash;
VI - Rules for the Prevention of Air Pollution Caused by Ships.

Compliance with Annexes I and II is compulsory for all States Parties to the Convention. Annexes III to VI depend on specific acceptance. In Brazil, the consolidated text of MARPOL was approved through Legislative Decree No. 499/2009.

International Convention on Resource Mobilization, Response and Cooperation against Oil Pollution OPRC/1990

This Convention, promulgated by Decree No. 2,870, of December 10, 1998, has the following main objectives:

International cooperation and mutual assistance in case of accidents;
Notification of oil pollution incidents that occur on ships, platforms, aircraft, ports and maritime terminals to the nearest coastal country or the competent authority, as applicable, as well as communication to neighboring countries in case of risk;
The existence of emergency plans aimed at controlling oil pollution for ships, operators of ocean platforms, authorities and operators in charge of maritime ports and installations that operate with oil;
A national immediate response system.

Convention on the Prevention of Marine Pollution by Dumping of Waste and Other Matter - London Convention - 72 and the Protocol of 199615

This Convention, internalized by Decree No. 87,566, of September 16, 1982, aims to promote individual and collective effective control of all sources of contamination of the marine environment and the special commitment in relation to the adoption of possible measures to prevent its contamination through the dumping of waste and other substances that may pose dangers to human health, harm biological resources and marine life, as well as damage conditions or interfere with other legitimate marine applications.

This Convention treats both substances or materials dumped at sea with little impact power, such as uncontaminated dredged material, and other substances or materials whose dumping occurs by special permission.

The 1996 Protocol has not yet been internalized by Brazil but, in a certain way, it guides actions to protect environmental impacts resulting from the dumping of dredged material.

CLC/69: International Convention on Civil Liability for Damage Caused by Oil Pollution, 1969, ratified by Brazil

Establishes the limit of civil liability for damages to third parties caused by oil spills at sea. It applies exclusively to damage caused in the territory, including the territorial sea, of a Contracting State and to preventive measures taken to avoid or minimize such damage. For ships carrying more than 2,000 tons of oil in bulk as cargo, insurance or other financial guarantee must be taken out to cover their liability for possible pollution damage.

International Convention on the Control of Harmful Antifouling Systems on Vessels - AFS/IMO Convention (2001)

This Convention establishes that Antifouling Systems that are harmful to the marine environment must be gradually eliminated by January 2008. However, to enter into force, the Convention must be signed by a number of countries representing at least 25% of the world fleet , which hasn't happened yet. The IMO has recommended that countries that have not yet signed the Convention do so as soon as possible.

International Convention for the Control and Prevention of Ballast Water and Sediments/2004

Adopted by IMO on 02/13/2004, the Convention aims to prevent the introduction of exotic and harmful species through ships' ballast water. It should come into force 12 months after being ratified by at least 30 countries that together represent at least 35% of the gross tonnage of the world merchant fleet. Its text was approved by Brazil through Legislative Decree nº 148/2010 of March 15, 2010, with the country depositing the instrument of ratification with the IMO on April 14, 2010.

United Nations Convention on the Law of the Sea – Montego Bay, Jamaica

The United Nations Convention on the Law of the Sea was adopted on December 10, 1982 and came into force in Brazil on November 16, 1994, by Decree No. 1,530/06. It defines the territorial sea, contiguous zone, exclusive economic zone and continental shelf, outlining international rules to prevent, reduce and control pollution of the marine environment, as well as for carrying out scientific research, transferring marine technology and resolving disputes. in the use of the sea through peaceful means.