REGIME OF MARITIMA, FLUVIAL AND LACUSTRE Decree 502/89 Modification of the said Regime

Bs. As., 13/4/89

VISTO is informed by Mr. Prefecto Nacional Naval, as proposed by the Minister of Defence, and

CONSIDERING:

By Decree No. 4.516 of May 16, 1973, was approved the "Marine, Fluvial and Lacustre Navigation Regime" (REGINAVE), regulation that includes in its Title 3, Chapter 2, Section 5, rules related to the stiba, cargo and discharge of dangerous goods.

That the Amendments of the year 1983 to the International Convention for the Safety of Human Life at the Sea, 1974, introduce in Chapter VII the International Codes for the Construction and Equipment of Ships that Transport Dangerous Chemicals to Granel (CIQ) and for the Construction and Equipment of Ships that Transport Liquefied Gases to Granel (CIG).

That also the aforementioned Amendments provide as a complement to the provisions of Chapter VII, the obligation to regulate the aspects relating to the packaging, styling and precautions to be observed in the transport of dangerous substances, adopting as a reference to that end the provisions of the International Maritime Codes of Dangerous Goods and of Cargas to Granel Security Practices.

That also by the Amendments of reference and separately from Chapter VII, include the Codes of Chemical and Gaseous Granaries, pre-existing to those already cited, in relation to the design aspects and equipment of ships for the transport of dangerous chemical loads or liquefied gases in bulk.

That the many chemicals listed in the above-mentioned Codes are permanently added to new products derived from the chemical industry and incorporated into the marine transport environment, a fact that motivates the periodic review of those products for the purpose of the relevant update; such a situation creates the need to foresee the system of baseline amendments, within national standards, in relation to the codes considered.

That the International Maritime Organization (IMO) recommends, through resolutions, the adoption of measures of an international nature that, on certain occasions, relate to the marine transport or manifolding of dangerous goods, in a separate form from the codes mentioned above, or which make comments of detail regarding the application of such goods, creating the need to foresee similar normative modality of detail in the national order.

That the current regulatory provisions on the subject, contained in Title 3, Chapter 2, Section 5 of the Maritime, Fluvial and Lacustre Navigation Regime (REGINAVE), have been outdated by the evolution experienced by this subject, globally, since its adoption, which is why its replacement corresponds.

That by the authority provided for in article 86, paragraph 2 of the National Constitution, it is up to the NATIONAL EXECUTIVE PODER to issue such regulations as may be necessary for the implementation of the laws of the nation.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 . Enter Title IV of the Maritime, Fluvial and Lacustre Navigation Regime (REGINAVE), Chapter 14, with the name "Transport by Ships of Dangerous Goods", which as Annex I, is part of this decree. Art. 2o la Deplore Section 5 of Chapter 2, of Title III of the Maritime, Fluvial and Lacustre Navigation Regime (REGINAVE). Art. 3o . As an enforcement authority of the regulatory text approved by this decree, the NAVAL ARGENTINA PREFECTURA is authorized to perform the interpretations that are necessary, in accordance with the spirit of the system that is implemented. Art. 4o . Communicate, publish, give to the NATIONAL DIRECTION OF THE OFFICIAL REGISTRATION and archívese . ALFONSIN. . José H. Jaunarena.

Annex I

CHAPTER 14

Transport by ships of dangerous goods

SECTION 1

General

414.0101. Implementation

The provisions of this Chapter apply to all ships transporting dangerous goods in waters of national jurisdiction.

a. Ships to which the convention applies shall comply with the rules set forth in Chapter VII thereof and, in addition, the provisions of the relevant Code, in accordance with the goods concerned and the manner used for their transport.

b. Ships not subject to the convention shall, to the extent possible and reasonable, comply with the rules referred to in the preceding subparagraph (a). For the purposes of the Prefecture, the Prefecture shall determine the security measures to be carried out in each case, in accordance with the dangers of the cargo and modality of the transport used.

414.0102. Notification to submit in advance of entry or departure of ships

In advance of the entry to port or departure from it, ships transporting dangerous goods shall submit the corresponding notification to the Prefecture, complying with the formalities established therein.

414.0103. Documentation that ships will carry on board

Ships transporting dangerous goods shall bear on board the documentation established by the Convention, Codes and other national and international standards, as appropriate.

414.0104. Technical specifications

The Prefecture may require the presentation of technical specifications related to the characteristics of the load and the mode of transport to be used, in order to prove the adoption of the required security conditions.

414.0105. Inspections

Ships subject to the provisions of this chapter shall be subject to inspections deemed necessary by the Prefecture.

414.0106. Certificates and authorizations

The Prefecture shall grant, as appropriate, certificates and authorizations applicable to this Chapter, in accordance with the mode of transport.

414.0107. Birds and other sinisters

Ships that suffer breakdowns or other sinisters that involve dangerous goods transported, shall immediately inform the Prefecture, adjusting their actions to the existing rules on such emergencies, which may be supplemented by the directives provided by the maritime authority for such cases.

414.0108. Turn of ships

Ships that arrive by transporting dangerous goods shall be rotated to temporary or permanently enabled areas for that purpose.

414.0109. Charge and download

Safety directives issued by the Prefecture will be observed in the cargo and discharge operations of dangerous goods.

414.0110. Codes

The reference to the Codes made in the respective sections of this Chapter includes amendments to those adopted by the International Maritime Organization sO. M. I. de which will be required from the date determined by the Prefecture

414.0111. Supplementary provisions

The Prefecture is empowered to issue the supplementary provisions related to this chapter, as a result of specific rules adopted by the International Maritime Organization, where necessary.

SECTION 2

Transport of dangerous goods in packages

414.0201. Dangerous merchandise in lumps

The following are:

a. Those covered by the International Maritime Code of Dangerous Goods (IMDG Code) adopted by res. A.81 (IV) of the Assembly of the International Maritime Organization (O.M.I.); or

b. Those who are not yet covered by the International Maritime Code of Dangerous Goods have dangers equal to those of its subparagraph (a) according to the evidence.

414.0202. Implementation

The transport of dangerous goods in packages is governed by the provisions of the International Maritime Code of Dangerous Goods.

414.0203. Packaging to use

Packaging to be used in the transport of dangerous goods in packages will meet the specifications provided for in the International Maritime Code of Dangerous Goods.

414.0204. Segregation, marking and labelling of the goods

Dangerous goods transported in packages must be duly segregated from other charges incompatible and marked and labeled in accordance with the International Maritime Code of Dangerous Goods.

The Prefecture shall establish the conditions of indelebility and adherence that shall fill the marking and labelling of dangerous goods.

SECTION 3

Transport of dangerous solid bulk cargo

414.0301. Hazardous solid bulk cargo

The following are:

a. Those that contain risks of a chemical nature listed in appendix B of the "Code of Safety Practices Relating to the Solid Charges to Granel" (CCGr) approved by res. A. 434 (XI) of the Assembly of the International Maritime Organization (O.M.I.), or

b. Those that are not yet covered by appendix B of the Code of Safety Practices Relating to the Solid Charges to Granel (CCGr), have dangers equivalent to those of the same according to the tests of evidence.

414.0302. Implementation

Transport of hazardous solid bulk cargo is governed by the provisions of appendix B and the related parts of the Code of Safety Practices Relating to Bulk Loads (CCGr.)

414.0303. Segregation of the load

The bulk cargo must be separated from another effective or potentially dangerous load, whether the latter is embarked on bulk or lumps.

SECTION 4

Transport of hazardous chemicals to bulk

414.0401. Implementation

Transport of hazardous chemicals to bulk is governed, as appropriate, by:

a. Code for Construction and Equipment of Ships that Transport Dangerous Chemicals to Granel or "Code of Ships for Chemicals" (CGrQ) approved by res. A.212 (VII) of the Assembly of the International Maritime Organization (O.M.I.), or by the

b. International Code for Construction and Equipment of Ships Transporting Dangerous Chemicals to Granel or International Code of Kippers (CIQ) approved by res. M SC. 4 (48) of the International Maritime Safety Committee (O.M.I.)

414.0402. Definition of quimiquero

For the purposes of the application of this Section, it will be understood by "Quimiquero": ship built or adapted for the bulk transport of hazardous liquid chemicals.

414.0403. Authorization of the transport of products regulated by the Code of Granaries for Chemical Products (CGrQ) (Chapter VI) and the International Code for the Construction and Equipment of Ships that Transport Dangerous Chemicals to Granel (CIQ) (Chapter 17).

a. Where, under article 414.0101. (b) the five-year vessels of national merchants transport hazardous liquid chemicals to bulk of those specified in chapter VI of the Chemicals Code (CGrQ) or Chapter 17 of the International Code for Construction and Equipment of Ships that Transport Hazardous Chemicals, each indicates that they comply with the specific authorization to Granel.

b. Ships that do not belong to the national merchant registration to which the terms of subparagraph (a) apply. of this article, shall carry on board a transport authorization granted by the competent authority of the flag of the ship, which shall guarantee the security conditions applicable to such transport.

414.0404. Authorization of the transport of products not regulated by the Codes of Ships for Chemical Products (CGrQ) (Chapter VII) and International Code for the Construction and Equipment of Ships that Transport Dangerous Chemicals to Granel (CIQ) (Chapter 18).

a. When they are transported, in chimiquero ships of those to whom the certificate of aptitude is not required, hazardous liquid chemicals in bulk of the characteristics announced in the title, they must possess a transport authorization issued by the competent authority of the port of load. Such a document must necessarily contain an attestation indicating that the ship of the case meets the security conditions necessary for the transport of the or the products in question.

In the ports of national jurisdiction the transport authorization will be issued by the Prefecture.

b. When the reference products are transported on kimiquero ships with certificate of fitness, the same will be sufficient to justify the transport of those products compatible with those authorizing the certificate of the case.

SECTION 5

Transport of liquefied gases to bulk

414.0501. Implementation

The transport of liquefied gases to bulk is governed by:

a. Code for the construction and equipment of ships transporting liquefied gases to bulk or "Code of Gasers" (CG) approved by Resolution A. 328 (IX) of the Assembly of the International Maritime Organization (IMO), or by the

b. International code for the construction and equipment of ships transporting liquefied gases in bulk or "International Gas Code" (CIG) approved by Resolution MSC 5 (48) of the Maritime Safety Committee of the International Maritime Organization (IMO).

414.0502. Definition of gas

For the purposes of the application of this Section, it will be understood by "Gasero": ship built or adapted for the bulk transport of liquefied gases.

414.0503. Transport authorization for gas vessels not covered by the Gas Code (CG) or by the International Code for the Construction and Equipment of Ships Transporting Bulk Gas (CIG).

When liquefied bulk gases are transported on gas vessels other than those specified in Article 414.0501, these vessels must have a transport authorization that certifies that the ship is suitable for transporting such products. The Prefecture shall establish the requirements applicable in each particular case and shall grant the vessels of the National Merchant Navy the corresponding authorizations.

SECTION 99

Sanctions

414.9901. The owners and shipowners of the ships that fail to make the notification provided for in Article 414.0102 shall be fined from UN MIL CIEN AUSTRALES (A 1.100) to VEINTISÉIS MIL TRESCIENTOS AUSTRALES (A 26.300), receiving notice or suspension of up to DOS (2) years on the captains, employers or members of the crew involved in the crew. If the omission falls in the sphere of responsibility of the marine agents, they shall be punished with notice, suspension of up to DOS (2) years or cancellation of the permit.

414.9902. The owners and shipowners of ships that do not carry on board the documentation in force referred to in Article 414.0103 shall be punished with a fine from A MIL CIEN AUSTRALES (A 1.100) to VEINTISÉIS MIL TRESCIENTOS AUSTRALES (A 26.300) receiving notice or suspension of up to DOS (2) years on the captains or patterns of the same.

414.9903. The captains or patterns of ships that unjustly omit to provide the information provided in Article 414.0107 shall be punished with notice or suspension of the qualification of up to DOS (2) years. The same penalty shall be applied to them for not adjusting, in the emergency to the existing rules or directives provided by the Prefecture.

14.9904. The non-observance of the security directives referred to in Article 414.0109 shall entail the application of a fine sentence of UN MIL NOVECIENTOS AUSTRALES (A 1.900) to DIECIOCHO MIL AUSTRALES (A 18,000), the owner and shipowner or the respective cargo company, as the case may be, and the intention or suspension of up to one (1) year.

414.9905. The owners and shipowners of ships that do not comply with the provisions of the International Maritime Code of Dangerous Goods and the complementary ones provided by the Prefecture shall be fined by UN MIL CIEN AUSTRALES (A 1.100) to VEINTISÉIS MIL TRESCIENTOS AUSTRALES (A 26.300), receiving the expectation or suspension of the crew to DOS.

414.9906. The owners and shipowners of ships that do not comply with the provisions of the Code of Safety Practices Relating to the Solid Charges to Granel and the complementary ones provided by the Prefecture, shall be fined from one MIL CIEN AUSTRALES (A 1.100) to VEINTISÉIS MILRESCIENTOS AUSTRALES (A 26.300), with the participation of the captain (2)

414.9907. The owners and shipowners of the ships that do not comply with the provisions of the Code of Chemicals or the International Code for the Construction and Equipment of Ships that Transport Dangerous Chemicals to Granel and the complementary ones arranged by the Prefecture, shall be fined from one MILEN AUSTRALES (A 1.100) to VERESINTISÉIS MIL

414.9908. Owners and shipowners of ships that do not comply with the provisions of the International Gas Code or the complementary provisions of the Prefecture shall be punished with a fine of UN MIL CIEN AUSTRALES (A 1.100) to VEINTISÉIS MIL TRESCIENTOS AUSTRALES (A 26.300), with the acquisition or suspension of the captain up to DOS (2) years in the crew.

414.9909. The owners and shipowners of ships that do not carry on board the authorization prescribed by Article 414.0503 shall be fined from UN MIL CIEN AUSTRALES (A 1.100) to VEINTISÉIS MIL TRESCIENTOS AUSTRALES (A 26.300), receiving notice or suspension of up to DOS (2) years in the captain or skipper of the respective vessel.

414.9910. Without prejudice to the sanctions set out in this section, the Prefecture may prohibit the navigation of any ship that does not possess the documentation in order or does not meet the appropriate security conditions for the transport of dangerous goods. This prohibition shall remain for as long as such a situation is maintained.

414.9911. Owners, shipowners, maritime agents, captains or skippers of ships, as the case may be, who falsearen, misrepresent or hide data related to the documentation regarding the transport of dangerous goods, whose condition or diligence is under their responsibility and provided that this act does not constitute a crime, shall be punished with notice, suspension of up to DOS (2) years or cancellation of the qualification. The same penalty shall apply to those of the mentioned ones who do not complete the documentation of the case in the form established by the Prefecture.