REGIME OF MARITIMA, FLUVIAL AND LACUSTRE

DECRECT N° 230

Incorporate Chapter 6, with the name "De la Prevención de la Contaminación de las Aguas por Substancia Nocivas Liquidas Transporteadas a Granel" to Title 8 of the aforementioned Regime.

Bs. As., 19/2/87

VISTO reported by the Argentine Naval Prefecture, proposed by the Ministry of Defence, and

CONSIDERING:

That by Decree No. 1, 886 of 27 July 1983, the regulation of the National Law No. 22,190 was approved, which with the name "De la Prevención de la Contaminación Proveniente de Buque" was incorporated into the "Régimen de la Navigation Maritime, Fluvial and Lacustre" (REGINAVE), as its Title 8.

That the current technology incorporates annually, numerous chemicals into international trafficking, whose intrinsic danger, in case of spillage, must be taken into account for its effective neutralization.

That the current state of international standards on the subject makes it necessary for our country to adopt regulatory precautions to avoid being lagged in aspects to prevent contamination of water by substances other than hydrocarbons.

That according to Article 3 of Law 22.190, it is the authority of the Executive Power to include in the Pollution Prevention and Monitoring Regime, any other element or contaminating agent of the waters or the environment that originates in the activity of ships or naval devices.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 - Incorporate Title VIII of the "Marine, Fluvial and Lacustre Navigation Regime" (REGINAVE), Chapter 6, with the name "De la Prevención de la Contaminación de las Aguas por Substancias Nocivas Líquidas Transporteadas a Granel", which, as Annex I, forms part of this decree.

Art. 2o - Include in the Regime of Law No. 22.190 the Liquid Noxative Substances Transported to Granel by Ships, specified in Chapter 6 referred to in Article 1.

Art. 3o - The Argentine Naval Prefecture will keep an update of the substances mentioned in the previous article, which will be published periodically.

Art. 4o - Contact, post, give to the National Directorate of the Official Register and archvese.



806.01 - DEFINITIONS

For the purposes of the implementation of this chapter VI, the definitions of art. 801.0101 are governed in addition to the following:

(a) Ship-tank chemical: It is understood by chemical ship-tank, a ship built or adapted to transport mainly liquid harmful substances to bulk; in this term oil tankers are included, as defined in Art. 801.0101 inc. b.5., when carrying a total or partial shipment of harmful bulk liquid substances.

(b) Existing chemical tank: It is any ship that is not new.

(c) New chemical tanks: These are those whose keel has been placed, or are in the phase at 1 July 1986 or later:

1. Begins the construction that can be identified as the ship's own, or

2. In respect of the ship concerned, the assembly involving the use of not less than fifty (50) tons of the estimated total of structural material or one per cent (1 per cent) of that total, if this second value is lower.

(d) Clean Lastre: It is understood that it is the drag carried in a tank that since the last time it was used to transport cargo containing a substance of categories A, B, C or D, has been meticulously cleaned and the residues resulting from the cleaning have been discharged and the tank emptied in accordance with the requirements of this Chapter.

(e) Segregated or separate ballast: It is understood by such the ballast water that is introduced into a tank that is completely separated from the loading and liquid fuel services for permanent use for the transport of ballast water.

(f) Liquid substances: These are those whose steam pressure does not exceed 2.8 kg/cm2, at a temperature of 37.8o C.

(g) Harmful liquid substances: These are those contemplated in the lists established by the Prefecture, according to categories A, B, C or D.

(h) Liquid harmful substances in category A: They are understood as such, to harmful liquid substances that if they were discharged at sea, from cleaning or dislocation of tanks, would pose a serious risk to human health or marine resources or would seriously prejudice recreational criminals or legitimate uses of the sea, which warrants the application of rigorous measures against pollution.

(i) Liquid harmful substances in category B: It is understood by such, liquid harmful substances that if discharged at sea, from cleaning or dislocating tanks, would pose a risk to human health or marine resources, or would prejudice recreational or legitimate uses of the sea, which warrants the application of special measures against pollution.

(j) Liquid harmful substances in category C: It is understood by such, liquid harmful substances that if they were discharged at sea from cleaning or dislocating tanks would pose a slight risk to human health or marine resources, or would adversely affect recreational or legitimate uses of the sea, which requires special operating conditions.

(k) Liquid harmful substances in category D: It is understood by such, liquid harmful substances that if discharged at sea, from cleaning or dislocating tanks, would pose a perceptible risk to human health or marine resources, or would be at a minimum loss of recreational or legitimate use of the sea, which requires some attention to operational conditions.

806.0102 - IMPLEMENTATION

(a) Ships flying the national flag.

1. In waters of national jurisdiction and free sea.

This chapter will be fully implemented.

2. In foreign waters.

The present chapter shall be applicable when the competent authority of the place does not apply punishment to the ship, but report the fact to the Prefecture and supply the necessary elements of judgment. The payment of the cleaning expenses prescribed by article is excluded. 806.0207.

(b) Ships incorporated into the national flag.

The same rules of the preceding subparagraph shall apply to them.

(c) Ships not flying the national flag.

In waters of national jurisdiction, the operating rules set out in section 2 of this chapter and the payment of the cleaning costs of the art. 806.0207, as well as will also be subject to ex officio inspections where the Prefecture deems necessary, in order to preserve the non-contamination of the waters.

(d) Warships and policemen.

1. This chapter shall not apply to warships and policemen.

806.0103 - INSPECTIONS

Ships subject to the provisions of this chapter shall be subject to the following inspections by the Prefecture:

(a) An initial inspection before the ship enters service or when the certificate referred to in article is first issued. 806.0104, which will include: The structure, equipment, facilities and their distribution, as well as the materials of the ship.

This inspection will ensure that the vessel fully complies with the applicable requirements of this chapter.

(b) Recurrent inspections: Every five (5) years, aimed at ensuring that the structure, equipment, inspections and their distribution, as well as the materials used, comply fully with the applicable requirements of this chapter.

(c) Intermediate inspections every thirty (30) months to ensure that the corresponding equipment, pumps and pipes comply fully with the applicable requirements of this chapter and are in good working conditions. The results of such inspection shall be recorded in the certificate established in art. 806.0104.

(d) Informal inspections, where the Prefecture deems it appropriate for substantial reasons.

Once any of the inspections required in this chapter have been made to the ship, no significant changes in the structure, equipment, facilities and their distribution or materials inspected, without the approval of the Prefecture, except for the normal replacement of such equipment or facilities, for repair or maintenance purposes.

806.0104 - CERTIFICATE

Any ship that has been inspected in accordance with art. 806.0103, with satisfactory result, will be awarded a certificate whose format, characteristics, validity and procedure of granting, will be regulated by the Prefecture.


806.0201 - OPERATIVE REGIME OF MARITIMA NEEDS

(a) Any discharge of liquid harmful substances in category A and of ballast and tank laundering or other waste or mixtures containing such substances is prohibited.

If the tanks in which such substances or mixtures are transported are to be washed, the waste resulting from this operation will be discharged into a receiving facility, until the concentration of the substances in the affluent received by the facility is equal to or less than the residual concentration regulated by the Prefecture and the tank has emptied. The residues that remain then in the tank, provided that they have been subsequently diluted by adding a volume of water not less than 5 per cent (5 per cent) of the total volume of the tank, may be discharged at sea when all the following conditions are also met:

1. That the ship is on its way sailing at a speed of seven (7) knots at least, if it is a ship with its own propulsion, or four (4) knots if it is a ship without its own means of propulsion.

2. The discharge is performed, below the floating line, taking into account the location of the sea sockets.

3. That the discharge is performed by finding the vessel at no less than twelve (12) nautical miles away from the nearest land and in depth waters not less than twenty-five (25) meters.

(b) Any discharge of liquid harmful substances in category B and of ballast and washing of tanks or other wastes or mixtures containing such substances is prohibited unless all the following conditions are met:

1. That the ship is on the road, sailing at a speed of seven (7) knots, at least if it is a ship with its own propulsion, or four (4) knots in the case of ships without means of propulsion.

2. That the methods and devices of discharge, be approved by the Prefecture and ensure that by the concentration and the regime of discharge of the tributary are such, that the concentration of the discharged substance does not exceed one part per million in the portion of the stella of the immediate vessel to its stern.

3. That the maximum amount of load thrown into the sea, from each tank and from its corresponding pipes, does not exceed the maximum amount allowed according to the methods mentioned in point 2, which will not be in any case greater than one (1) cubic meter or 1/3000 of the capacity of the tank in cubic meters.

4. That the discharge is performed below the floating line, the location of sea sockets should be taken into account.

5. That the discharge is performed, finding the vessel at no less than twelve (12) nautical miles away from the nearest land and in depth waters not less than twenty-five (25) meters.

(c) Any discharge of liquid harmful substances in category C and of ballast and tank laundering waters or other wastes or mixtures containing such substances is prohibited unless all the following conditions are met:

1. That the ship is sailing at a speed of at least seven (7) knots, if it is a ship with its own propulsion, or four (4) knots in the case of ships without proper means of propulsion.

2. That the discharge methods and devices are approved by the Prefecture and that ensure that the concentration and discharge regime of the tributary are such, that the concentration of the discharged substance does not exceed ten parts per million in the portion of the stella of the immediate vessel to its stern.

3. That the maximum amount of load thrown into the sea from each tank and from its corresponding pipes does not exceed the maximum amount allowed according to the methods mentioned in point 2, which will in no case be greater than three (3) cubic meters or 1/1000 of the capacity of the tank in cubic meters.

4. That the discharge is performed below the floating line, the location of sea sockets should be taken into account.

5. That the discharge is performed by finding the vessel at no less than twelve (12) nautical miles away from the nearest earth, and in depth waters not less than twenty-five (25) meters.

(d) Any discharge of liquid harmful substances in category D and of ballast water and tank or other waste or mixture containing such substances is prohibited unless all the following conditions are met:

1. That the ship is sailing at a speed of seven (7) knots at least, if it is a ship with its own propulsion, or four (4) knots in the case of ships without their own means of propulsion.

2. That the concentration of the mixtures is not superior to one (1) part of the substance for ten (10) parts of water.

3. Let the discharge be done at a distance not less than twelve (12) nautical miles from the nearest earth.

(e) To remove waste from a tank, ventilation methods approved by the Prefecture may be used. If the tank should then be washed, the discharge of the resulting water into the sea shall be carried out in accordance with the provisions of this article, in accordance with inci. (a), (b), (c) or (d), according to the category of the substance concerned.

(f) The Prefecture may accept alternative operational methods as set out in the incs. a, b, c or d of this article, provided that the concentration of the mixtures of harmful substances in categories A, B, C or D and water is less or equal to that established in the above-mentioned subparagraphs.

(g) The discharge into the sea, of substances not included in any of the categories mentioned, as well as of the sewage and washing of tanks or other waste or mixtures, containing such substances, is prohibited.

The Prefecture shall, by regulation, establish unloadings not included in the above prohibition, as natural resources, recreational criminals and legitimate uses of the sea are non-jurious substances for human health.

806.0202 - OPERATIVE REGIME OF BUKS IN FLUVIAL NAVEGATION LACUSTRE DE INTERIOR DE PUERTS OR IN SPECIAL PROTECTION ZONES

(a) The discharge of liquid harmful substances from categories A, B, C and D, as well as the ballast and laundering waters of tanks or other wastes or mixtures containing such substances or those referred to in art. 801.0201, inc. e, outside the regime that establishes the Prefecture for water, lacustres and special areas.

(b) The special zones are defined as those regulated by art. 801.0101, z.1 and z.2.c) In the interior of ports, and until the reception facilities that meet the operational needs of ships are available, alternative systems will be used to ensure the non-contamination of the waters.

806.0203 - OPERATIVE REGIME

Any operation of crate of liquid harmful substances in categories A, B, C and D of those referred to in art. 801.0201, inc. (e), of the ballast and washing of tanks and other residues or mixtures containing such substances is prohibited unless all the following conditions are met:

(a) The operation of the Prefecture-enabled areas.

(b) The Prefecture shall regulate the medium systems and operating standards that must be filled by ships in the warehouses authorized by it in order to prevent water pollution.

806.0204 - EXCEPTIONS TO THE REGIME OF DISCARGAIN

Provided that the communication prescribed by art. 806.0206 in time and form, do not constitute a violation of the regime of discharges of liquid harmful substances or of mixtures containing such substances, the following:

(a) A ship made to save human lives, or

(b) The one made to preserve the ship ' s own safety or a third party or to avoid damage to the ship, or

(c) The one made following a breakdown or loss impossible to avoid, if after the breakdown or discovery of the loss, all reasonable precautions have been taken to prevent or reduce such download.

The cases provided for in this article do not exempt liability for removal costs, which may result in the discharge of the competent body involved in the operation as prescribed in article. 806.0207.

806.0205 - BOOK REGISTER DE CARGA

Ships mentioned in art. 806.0102 will have to carry a book Record of Charge, either as part of the book Diary of Navigation or separated from it, whose format and seat will be regulated by the Prefecture.

Foreign ships mentioned in art. c) are temporarily exempted. 806.0102, until the Prefecture establishes such a requirement by regulation.

806.0206 - REPORTS

(a) All ships shall report any unloading that does not conform to the regime authorized by this Section 2 and, in the same way, unloadings that are recorded from other ships.

(b) It is expressly understood that it is mandatory to report on the downloads referred to in the article. 806.0204.

(c) Prefecture shall regulate the data to be supplied and how to channel the information.

806.0207 - RESPONSIBILITY FOR THE CONTROL EXPENSES OF CONTAMINATION

Although there is no set-up breach of the discharge regime established by this Section 2 there remains the solidarity responsibility of the owners and shipowners of the ships that cause the discharge in respect of the costs required by the removal. The amount will be estimated by the agency responsible for the operation, in order to provide the appropriate channel.

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The operating regime established in Section 2 shall be binding on the dates specified by the Prefecture.


806.0301 - The design and equipment of new chemical tankers, designed to prevent water pollution by liquid harmful substances and by those mentioned in art. 801.0201, inc. (e), shall be established by the International Code for the Construction and Equipment of Ships that Transport Dangerous Chemicals to Granel.

For existing chemical ships-tank, the provisions of the Construction Code and the Ships ' Equipment that Transport Dangerous Chemicals to Granel apply.

806.0302 - Tubs and connections for the discharge of liquid harmful substances or mixtures of them and the substances mentioned in art. 801.0201, inc. e).

Prefecture will regulate the specifications to be met by the above-mentioned devices.

806.0303 - The rules on devices and design set out in this Section 3 will be mandatory for new chemical vessels-tank of one hundred and fifty (150) TAT or more.

For the existing ones, the compulsory nature of the devices prescribed in art. 806.0302.

The Prefecture shall establish by regulation, the date from which such a requirement shall be fulfilled.


806.9901 - BOOK REGISTER DE CARGA

(a) The owners and shipowners of ships that do not have, do not carry on board or have lost the book Charge Record that establishes the art. 802.0205, shall be punished with a fine of nineteen australes with thirty-one cents (A 19:31) to a thousand nine hundred thirty-six australes with fifty-six cents (A 1931,56) and the apprehension or suspension of the qualification of one (1) month to one (1) year to the captain, pattern or responsible for the contravention.

(b) The same penalty shall be imposed for a fine and forfeiture or suspension of the qualification with respect to those who fail to make seats in the book Record of Charge or perform them in an anti-reglamentary manner, being in both cases obliged or empowered to do so.

(c) The owners and shipowners of the ships in which the intentional disappearance or concealment of the book Record of Charge is verified in order to avoid the fulfillment of any of the obligations imposed in respect of the same or of the regime of loading, handling and discharge of liquid harmful substances or mixtures containing them, shall be punished with a fine of one thousand nine hundred thirty-one australes with fifty-six cents (A 1931,56) to nineteen hundred

(d) The owners and shipowners of the ships in which false seats have been made in total or partial form in the Book of Cargo Registration shall be punished with a fine of sixty-seven australes with sixty cents (A 67.60) to sixty-five thousand, six hundred seventy-three australes with seven cents (A 65.673.07) and the notice or suspension of the qualification of two (2) months to two years,

(e) Without prejudice to the penalties set out in inc. (a), the Prefecture shall prohibit the navigation of any ship that is obliged to carry the book Record of Charge does not have it on board and a day.

806.9902 - DOWN REPORT

Owners and shipowners of vessels required to provide information on the discharge of liquid or mixed harmful substances that contain them as prescribed by art. 806.0206, which do not supply or falsify such information of their own or of others, shall be punished with a fine of sixty-seven australes with sixty cents (A 67.60) to six thousand five hundred sixty-seven australes with thirty-one cents (A 6567.31) and with apprehension, suspension of the two (2)-year qualification or disqualification of the captain, pattern or responsible.

In the same infringement, those vessels which, obliged to carry out download information, do not report situations of risk of their own or other discharges, regardless of the form or means through which they become aware, becoming applied in that case the sanctions detailed in the preceding paragraph.

806.9903 - ALIJOS

Owners, shipowners, captains, bosses or responsible for the infringements verified to art. 806.0203 will be liable to the following penalties:

(a) In order to carry out stash or charge supplement outside the areas authorized by the Prefecture, a fine of sixty-seven australes shall be imposed with sixty cents (A 67,60) to sixty-five thousand six hundred seventy-three australes with seven cents (A 65,673,07) to the owner or shipowner, and appreciation or suspension of the two (2)-month qualification to the captain, skipper or responsible.

(b) By failing to comply with the operating regulations regulated by the Prefecture for handling of the cage or charge supplement, a fine of fifty-two australes with fourteen cents (A 52,14) will be imposed to fifty-two thousand and two australes with fifteen cents (A 52,152,15) to the owner or shipowner, and the notice or suspension, of the two-month-to-three-year authorization.

(c) By employing systems and means that do not meet the requirements regulated by the Prefecture, a fine of thirty-five australes will be imposed with seventy-one cents (A 35,71) to thirty-eight thousand six hundred thirty-one australes with twenty-two cents (A 38.631,22) to the owner or shipowner, and a perception or suspension of the qualification of a year (1) captain.

(d) For carrying out operations of storage or charging complement without using systems and means regulated by the Prefecture, the penalties provided for inc. (a) above shall be applied.

(e) In all cases in which the Prefecture verifies an operation of storage or supplement of charge in contravention of the provisions of the preceding subparagraphs, without prejudice to the established sanctions, it shall order the suspension of the operation until the cases that motivated the violation are resolved.

806.9904 - DOWNLOADS

Owners and shipowners of ships that violate the discharge regime set out in the arts. 806.0201 and 806.0202, shall be punished with a fine of sixty-seven australes with sixty cents (A 67.60) to sixty-five thousand six hundred and seventy-three australes with seven cents (A 65.673.07), and with apprehension, suspension of the two (2)-month qualifications to two (2) years or disqualification of the captain, pattern or responsible for the contravention.

806.9905 - DISPOSITIVES AND BUKET DESIGN TANQUE QUIMICOS

The owners or shipowners of the ships that request dispatch in contravention of the provisions of Section 3, shall be punished with a fine of one hundred and thirty-five australes with twenty cents (A 135,20) to thirteen thousand and four australes with sixty-one cents (A 13.134,61), and with apprehension, suspension of the qualification of two (2) months to two (2) years or disqualification of the skipper. If the offending ship further contaminates, the provisions of the article shall be applied. 806.9904. Without prejudice to established sanctions, the Prefecture shall prohibit the navigation of vessels that do not comply with the provisions of sections 2 or 3 of this chapter.