Bs. As., 14/8/98
VISTO Laws No. 18,398, 20,405, 22,190 and 24.292, Decrees No. 1886 of 27 July 1983 and No. 230 of 19 February 1987, and
That Act No. 24,292 adopted by the International Convention on Cooperation. Preparation and Fight against Hydrocarbon Pollution, 1990, designates the MINISTERY OF DEFENSA, through NAVAL ARGENTINA PREFECTURA, as the authority for the implementation of that Convention.
That by Decree No. 660 of 24 June 1996; in its article 9 it was decided to transfer the NAVAL ARGENTINA PREFECTURE to the scope of the MINISTERY OF INTERIOR.
As a result, it should be understood that the latter henceforth occupies the quality that Law No. 24.292 assigned to the Ministry of Defence.
That the text of the International Convention imposes a number of obligations on the parties, which need to be regulated for their full operation.
That the occurrences of hydrocarbon pollution and other harmful substances and potentially hazardous substances originating in ships, offshore units, ports and hydrocarbon manipuleo facilities and other harmful substances and potentially hazardous substances pose a threat to the aquatic environment that needs to be addressed promptly and effectively in order to minimize the damage that may result from such events.
That he has taken the intervention that corresponds to him the General DIRECTION OF JURIDIC MATTERS of the MINISTRY OF INTERIOR.
That the present measure is determined in the use of the powers conferred by article 3 of Act No. 24,292 and article 99, paragraphs 1 and 2 of the NATIONAL CONSTITUTION.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1 Artículo The MINISTERY OF INTERIOR, through the NAVAL ARGENTINA PREFECTURE as an implementing authority, will implement the fulfilment of the obligations, or its eventual coordination with other private law authorities or persons, emerging from the International Convention on Cooperation, Preparedness and Combating Hydrocarbon Pollution, 1990, approved by Law No. 24.292. Art. 2o o Créase the National System for the Preparation and Combating of Coastal, Marine, Fluvial and Lacustre Pollution by Hydrocarbons and other Hazardous Substances and Substances, which will be administered by NAVAL ARGENTINA PREFECTURA. Art. 3o o The agencies dependent on the National Civil Service, the Autonomous Communities, State societies and those with majority State participation shall be obliged to cooperate with the NAVAL ARGENTINA PREFECTURA, at their request, in order to comply with the provisions of this decree. In its case, the Government of the City of Buenos Aires and the Governments of the Province should be requested to cooperate as necessary. Art. 4o In use of the powers conferred on the NATIONAL EXECUTIVE PODER by Laws No. 24,292 and 20,405, include in the regime established by this decree the discharges of port facilities for the handling of hydrocarbons, oil terminals, monoboyas and pipelines, as well as other harmful substances and potentially dangerous substances. In this regard, the operators of such services shall have the same type of responsibility as provided by law for shipowners and shipowners and shall apply to them the penalties of fine as the Maritime, Fluvial and Lacustre Navigation Regime (REGINAVE), establishes for the punishment of prohibited downloads.
The offshore units in the exploration or exploitation of hydrocarbons that produce discharges, in addition to what already established in the Maritime, Fluvial and Lacustre Navigation Regime (REGINAVE) in terms of their behaviour as ships, will participate in the regime of Law No. 22.190 in connection with its Articles 6 (water cleaning), 14 (responsibility for the payment of the costs of cleaning), 15 (callage)Art. 5o o Incorporate into the Maritime, Fluvial and Lacustre Navigation Regime (REGINAVE), as Chapter 7 of Title 8 of the same, the set of rules entitled "DEL PREPARATION SYSTEM AND CONTAMINATION BY HIDROCARBURES AND OTHER NOCTIVE SUBSTANCES AND POTENTIAL SUBSTANCES FOR ILLIG ANNEXES". Art. 6o o Please refer to PREFECTURA NAVAL ARGENTINA to dictate the clarification and complementary rules for the best application of the regime established by this decree. Art. 7o o Communicate, publish, give to the NATIONAL DIRECTION OF THE OFFICIAL REGISTRATION and archvese. . MENEM. . Jorge A. Rodriguez. . Carlos V. Corach.
OF THE PREPARATION SYSTEM AND AGAINST THE CONTAMINATION BY HIDROCARBURES AND OTHER NOCTIVE SUBSTANCES AND POTENTIAL SUBSTANCES
807.01. Competent national authority.
Please refer to PREFECTURA NAVAL ARGENTINA, a competent national authority responsible for the preparation and control of pollution from hydrocarbons and other harmful substances and potentially dangerous substances, including its constitution as a national point of contact for the receipt and transmission of hydrocarbon pollution notifications provided for in Article 4 of the International Convention on Cooperation, Preparation and Combating Hydrocarbon Pollution, 1990.
Please refer to the authority referred to in the preceding article, to request external assistance from third parties to the Convention or to decide to provide it to third parties (Art. 7).
807.0103. National contingency plan.
NAVAL ARGENTINA PREFECTURA will develop a National Plan for the Preparation and Fight for Contingencies, which will be approved by Ordinance (Article 5 (a), Sub-paragraph 2, of Law No. 18,398) and will provide for a regular updating mechanism. The publication of the Ordinance in the Newsletter for the Merchant Navy will involve the insertion of the plan in the National System of Preparation and Combating the Pollution by Hydrocarbons and other Powerful Substances and Substances.
Authorize NAVAL ARGENTINA PREFECTURE to conclude cooperation agreements with the oil and shipping sectors, port authorities and other relevant entities, in order to promote the best achievement of the objectives set out in Article 6(2) of the Convention.
807.0105. International cooperation.
Commend the NAVAL ARGENTINA PREFECTURE with the competent authorities for the effective achievement of the provisions of article 7 (a) and (b) of the Convention adopted by Act No. 24.292.
807.0106. Emergency plans.
The vessels flying National Pavilion, the shipowners, owners or charterers of oil and chemical vessels under any title whatsoever, the inland sea units engaged in operations for the exploration and exploitation of hydrocarbons, the ports, the port facilities for the handling of hydrocarbons and other harmful substances and potentially dangerous substances, the oil and chemical terminals, the monobodies and the oleducts of potentially harmful Such plans should include, as an inexcusable requirement for approval by the NAVAL ARGENTINA PREFECTURA, a minimum equipment to the satisfaction of that authority.
NAVAL ARGENTINA PREFECTURA will determine the formats, requirements that must be filled and deadlines for submission of such plans for approval. It is compulsory for ships to carry on board approved emergency plans, which should exhibit good conservation status.
807.0107. Operating regime of downloads.
It prohibits the discharge of hydrocarbons and their mixtures of excess content of QUINCE (15) parts per million (p.p.m.) and other harmful substances and potentially hazardous substances in any proportion, except as provided for in Chapter 6 of Part 8 of ERW, to the waters of national jurisdiction (Art. 2o, 3o, 4o and 5o of Law No. 23.968).
807.0108. Obligation to report.
The captains of the vessels of Bandera Nacional in navigation in the free sea or assorted in foreign waters shall inform the coastal state nearest to the hydrocarbon discharges or their mixtures and other harmful substances and potentially dangerous substances, whether they are themselves or others, to observe.
Port operators, from offshore units in operations of exploration or exploitation of hydrocarbons, of port installations of handling of the same, oil terminals, monoboyas and pipelines, shall inform the NAVAL ARGENTINA PREFECTURA regarding the discharges of hydrocarbons or their mixtures and other harmful substances and potentially dangerous substances in which they incur.
807.9901: Lack of emergency plans.
Those who are obliged to do so, who do not submit to the approval of the NAVAL ARGENTINA PREFECTURE the respective emergency plans within the time limits that it sets, or who do not have them on board and in good condition of conservation once approved, will be punished with a fine of PESOS OCHENTA ($ 80.-) to PESOS OCHENTA MIL ($ 80.000.-). Without prejudice to this, the NAVAL ARGENTINA PREFECTURA may provide for the prohibition of the navigation of incursos ships in violation and advise the enabling authority of the provisional suspension of the remaining operators mentioned, a measure to be carried out in the shortest term.
807.9902. You're forbidden.
Port operators, port facilities for the handling of hydrocarbons and other harmful substances and potentially dangerous substances, oil terminals and kimiqueras, monobodies and pipelines, responsible for the discharge of hydrocarbons or their mixtures and other harmful substances and substances potentially dangerous to the waters, whether the same dolosases or culposasesses and outside the limits authorized by the regulation, shall be fined from PENTOSCH If the discharge is due to deficiencies in the facilities, with a certain risk for the aquatic environment, NAVAL ARGENTINA PREFECTURA will order the preventive suspension of operations, giving immediate account to the enabling authority.
807.9903. Obligation to report.
The owners, shipowners or charterers of the national flagships in free sea navigation, or outlets in foreign waters, who do not comply with the obligation to inform the nearest coastal state about discharges of hydrocarbons or mixtures containing them, own or sands and other harmful substances and potentially dangerous substances, shall be fined from PESOS OCHENTA ($ 800,000). The same penalty shall be imposed on the operators of marine units in operations for the exploration or exploitation of hydrocarbons, of port facilities for the handling of the same and other harmful substances and potentially dangerous substances, oil terminals and kimiqueras, monoboyas and oleoducts, if they do not report to the NAVAL ARGENTINA PREFECTURA regarding the discharges of hydrocarbons or their potentially harmful substances and other substances.
Staff who are responsible for any of the offences provided for in the preceding articles shall be subject to the penalties provided for in Article 599.0101 of REGINAVE.