Kindly find below a NEW ordinance: Provision 15/2020, DISFC-2020-15-APN-PAM # PNA, issued just few days ago.
ARGENTINE COAST GUARD, ENVIRONMENTAL PROTECTION BUREAU
DISFC-2020-15-APN-DPAM # PNA
City of Buenos Aires, 08/03/2020
HAVING SEEN the information provided by the Head of the Environmental Safety of Navigation Department regarding the entry into force of rule 14.1.3 of Annex VI of the International Convention to Prevent Pollution from Ships - MARPOL, as of January 1 of this year , which requires the use of a fuel oil with a sulfur content of 0.50% mass / mass to ships, and as a consequence there has been an increasing use of devices called the Exhaust Gas Cleaning System (SLDGE), or scrubbers, to comply with it as an equivalence in accordance with regulation 4 of Annex VI of the MARPOL Convention, and,
That Article 41 of the National Constitution determines that the authorities will provide the protection of the right that all inhabitants have to enjoy a healthy, balanced environment, suitable for human development and so that productive activities satisfy present needs without compromising those of future generations, and they have a duty to preserve it.
That the General Law of the Argentine Coast Guard No. 18,398, in its Chapter IV, Art.5º, inc. a) Subparagraph 23), determines that it is one of the functions of the Institution to understand regarding the regulations that are adopted that tend to prohibit the contamination of river, lake and maritime waters by hydrocarbons and other harmful or dangerous substances, and verify its fulfillment.
That Law No. 22,190 assigns to the Argentine Coast Guard certain functions for the application of the Regime for the Prevention and Surveillance of Pollution of Waters or Other Elements of the Environment by Pollutants from Ships and Naval Artifacts.
That Decree 770-19 approved the new Regime for Maritime, River and Lake Navigation (REGINAVE) - Title 8 "On the Prevention of Contamination from Ships".
That through Law No. 24,089, whose enforcement authority is the Argentine Coast Guard, our country incorporated into its positive law the International Agreement to Prevent Pollution from Ships (MARPOL 73/78).
That the criteria for the discharge of the washing waters of the SLDGE are currently being reviewed by the International Maritime Organization (IMO) based on the new investigations that are being carried out in order to collect data on their effects on the environment .
That the possible toxicity of the SLDGE wash water discharges due to the very nature of the polluting substances present in the exhaust gases and the increase in the number of these systems, require a careful examination in order to avoid contamination irreversible of the marine environment.
That the protection of the marine environment is imperative with respect to possible discharges of polluting substances from the use of new equivalent technologies not yet regulated, in accordance with the "environmental precautionary principle" of national positive law.
That the legal body of this Bureau has issued a favorable opinion on the issuance of this Provision.
THE DIRECTOR OF ENVIRONMENTAL PROTECTION
ARTICLE 1: Prohibit the discharge of the washing waters of the Exhaust Gas Cleaning Systems (SLGDE) from vessels with national registration or foreign registries, into waters of national jurisdiction -Maritime and River- (Art. 2º , 3rd, 4th and 5th of Law No. 23,968).
ARTICLE 2: This provision shall enter into force from its publication in the "Official Gazette of the Argentine Republic".
ARTICLE 3: By the Department of Environmental Safety of Navigation, advertise and disseminate it on the official intranet and internet sites of the Argentine Coast Guard.
ARTICLE 4: Go to the Planning Department, for publication in the Official Gazette of the Argentine Republic. ". Subsequently, its file will correspond to the sponsoring body, as a precedent.
ARTICLE 5: Communicate, publish, contact the NATIONAL ADDRESS OF THE OFFICIAL REGISTRY and file. Gabriel Fernando Cartagénova - Carlos Alberto Maglianesi
The Annex / s that make up this Provision are not published. They may be consulted at: https://www.argentina.gob.ar/prefecturanaval
e. 08/10/2020 N ° 31188/20 v. 08/10/2020
END OF FREE TRANSLATION
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