ANTAQ opens Galáxia investigation

ANTAQ finds Galáxia’s REB tonnage backing has lapsed; investigation could lead to multimillion-real fines

Decision concerning Apollo Z and Theseus Z revisits questions raised by One Energy and puts Brazilian-flag preference under scrutiny.

ANTAQ has determined that the tonnage backing underpinning the Brazilian Special Registry — REB — status of Apollo Z and Theseus Z, linked to Galáxia Marítima, was no longer valid. Decision No. 574/2026, adopted on September 24 and signed on September 29, revokes the earlier decision supporting that entitlement, orders cancellation measures within the Agency’s systems and notifies the Brazilian Maritime Court.

The decision also orders a regulatory investigation into the maintenance and use of REB registrations without valid tonnage backing, and Galáxia’s loss of the technical requirement necessary to retain its offshore support authorization following the depletion of its fleet. No fines have yet been imposed, nor has liability been established for Petrobras, MCT or Delta Offshore.

One Energy has followed the issue through its reports on GNL 1001 and GNL 1008 on January 15, and Atlas Z and Lagoa Offshore on March 26. On April 9, 2026, “Where Is Galáxia’s Tonnage?” directly questioned the backing sustaining the two vessels’ REB registrations.

The decision takes effect from April 9, 2024, in relation to the loss of effectiveness of the GNL 1008 contract, and March 29, 2025, for GNL 1001. The investigation may therefore examine the continued use of the arrangement from those dates.

The central issue is competition. Law No. 9,432/1997 makes the time charter of foreign-flagged vessels for offshore support subject to authorization and statutory conditions, including the unavailability of a suitable Brazilian-flagged vessel. If operations continued under REB registrations without valid tonnage backing or another lawful basis, a potential circumvention of Brazilian-flag preference must be investigated.

Petrobras, as the Brazilian Shipping Company — EBN — time-chartering and benefiting from the availability of both vessels, forms part of this analysis. MCT is identified as the vessels’ owner and publicly highlights its REB operations with Petrobras. Questions remain over the checks supporting the contracts and the measures taken following the loss of tonnage backing. Delta Offshore was approached regarding its role in brokering the arrangement.

Fines could reach millions of reais if separate infringements eligible for cumulative penalties are established. Resolution No. 62/2021 provides for maximum fines of R$200,000 for non-compliant operations, where no more specific infringement applies, R$600,000 for chartering a foreign-flagged vessel without the required authorization, and R$1 million for operating without EBN authorization. The loss of tonnage backing does not automatically establish all these infringements.

For illustration, four separate unauthorized-chartering infringements, each attracting the maximum fine, would total R$2.4 million. This is a hypothetical calculation, not an assessed penalty: the total would depend on individual liability, company size, penalty assessment criteria and the rules governing cumulative sanctions, without double punishment for the same conduct. Galáxia could also face revocation of its EBN authorization through the applicable proceedings, alongside potential commercial consequences for the contracts.

When contacted, Galáxia stated that “ANTAQ’s statement does not apply,” without providing further details. Petrobras, MCT and Delta Offshore had not responded to the publication’s inquiries by press time. One Energy remains open to publishing their responses.