Publication of Decree No. 12,555/2025 and its impacts on the offshore support sector
The recently published Decree No. 12,555/2025 (available here, in Portuguese), which amends the “BR do Mar” Law, redefines the criteria for calculating the own fleet tonnage of Brazilian Shipping Companies (EBNs, the acronym in Portuguese) for bareboat chartering of foreign vessels with flag suspension and subsequent registration under the Brazilian Special Registry (REB, the acronym in Portuguese).
The Decree also acted as a necessary response to ANTAQ Normative Instruction No. 01/2024 (published in the final days of December 2024), which had excessively relaxed the concept of the "tonnage bank." The Instruction allowed any Brazilian-flagged vessel operating in the same navigation type to be considered for supporting the bareboat charter of foreign vessels, even without technical or typological equivalence. This interpretation overlooked the rule specified in Article 10, III of Law No. 9,432/1997 (available here, in Portuguese), which requires the existence of a national fleet of a similar type for the charter.
The repercussion in the Sector was immediate. The charter of foreign sophisticated offshore support vessels (PSVs, OSVs, PLSVs) could not be supported by the tonnage of simple vessels, such as barges or pontoons, as it would clearly create a competitive distortion and undermine the policy of strengthening the Brazilian shipbuilding industry. Due to criticism and resulting legal uncertainty, in the past month of May, ANTAQ suspended the effects of Normative Instruction No. 01/2024, to await the regulation now established by the Decree.
Decree No. 12,555/2025 addressed gaps in the legislation and rectified the regulatory deviation by formalising the concept of "vessel of similar type," defined as a vessel capable of transporting the same cargo profile, with equivalent stowage and technical characteristics (Article 16, §5). Despite its importance, the definition “similar type” still requires further regulation by ANTAQ, especially concerning the specific technical criteria for the offshore support segment, where operational requirements are particularly specific.
In the case of cabotage, the Decree instituted a system of multiplying the tonnage of its own fleet to encourage the chartering of foreign vessels aligned with the sustainability agenda. The percentage of permitted chartering varies according to the sustainability of the vessels used:
- 50% of non-sustainable own DWT = chartering of non-sustainable vessels.
- 100% of non-sustainable DWT = chartering of sustainable vessels.
- 200% of sustainable DWT = chartering of non-sustainable vessels.
- 300% of sustainable DWT = chartering of sustainable vessels.
A sustainable vessel, as already defined in Decree No. 12,555/2025, observes environmental and social dimensions, prioritises the use of less polluting and environmentally efficient energy sources, and ensures dignified and non-discriminatory working conditions (Article 2, sole paragraph).
This concept guides the benefits of the BR do Mar Program. However, the detailing of technical parameters and objective indicators, such as emission limits, types of acceptable fuels, or efficiency standards, depends on supplementary regulations to be issued jointly by the Ministry of Ports and Airports and the Ministry of Development, Industry, Commerce, and Services, as provided for in Article 2, item VI, and Article 35 of the Decree.
In the offshore support sector, the limits remain as specified in Law No. 9,432/1997: the bareboat charter of foreign vessels with a suspended flag continues to be restricted to twice the DWT of similar vessels ordered from Brazilian shipyards, plus 50% of the tonnage of the EBN's own Brazilian-flagged vessels. That is, the multipliers and extra incentives established for sustainable vessels in cabotage navigation do not apply to offshore support vessels.
Decree No. 12,555/2025 also amends Decree No. 2,256/1997, which governs the REB, adding new provisions that expand its scope.
- Express inclusion of foreign vessels bareboat chartered with flag suspension as eligible for the REB:
- The REB now expressly includes foreign vessels bareboat chartered with flag suspension and operated by EBNs. Although this was already a market practice, the Decree formalised the right, providing greater legal certainty for EBNs operating in offshore support.
- Expansion of the list of vessels and companies eligible:
- Vessels owned by Brazilian shipping investment companies, a legal entity created by Law No. 14,301/2022 (available here, in Portuguese) to enable business models focused on vessel ownership and investment, with the purpose of chartering vessels to Brazilian or foreign shipping companies.
- Vessels built by Brazilian shipyards, even without a contract with an EBN, which encourages early pre-registration and promotes the national shipbuilding industry.
- New parties eligible to apply for REB pre-registration:
- In addition to EBNs, Brazilian shipping investment companies and Brazilian shipyards are now entitled to request pre-registration, fostering shipbuilding and strategic fleet planning.
- Strengthened ANTAQ authority for monitoring REB fleet limits:
- ANTAQ is now formally responsible for informing the Maritime Court of any EBNs that exceed the legal limits for registering chartered vessels in the REB, whether due to the sale of its own vessels or cancellation of construction, reinforcing regulatory governance over fleet capacity.
- Expansion of the right to contract insurance and reinsurance abroad:
- Previously restricted to EBNs and only for vessels registered with the REB, the Decree expanded this right to Brazilian shipping investment companies, including their own or chartered vessels, whether or not registered with the REB.
Decree No. 12,555/2025 marks an important rebalancing between the necessary flexibility for developing maritime transport and protecting the national fleet. EBNs and sector investors now benefit from clearer rules, greater legal certainty, and incentives aligned with sustainability and the growth of the Brazilian shipbuilding industry.
The enhancement of the REB, together with ANTAQ's oversight, reinforces public policy to encourage cabotage and offshore support navigation under the Brazilian flag, fostering a more predictable, competitive, and strategically aligned environment that benefits the country's interests.
The alert was produced by Daniela Davila and Fernanda Aquino, partner and associate in the Energy & Natural Resources: Oil and Gas practice, who are available to clarify any questions and assess potential scenarios.