MARPOL ANNEX VI: Suspension of Validity of Argentine Regulation Banning Discharge of Wash Waters from Open Loop Scrubbers into National Waters

On September 24th, 2020, Prefectura Naval Argentina issued Resolution DISFC-2020-22-APN-DPAM#PNA that suspends the enforcement of Resolution 15/2020 DISFC-2020-15-APN-DPAM-PNA, which prohibited the discharge of wash water from open loop scrubbers into national waters; i.e., inland waters, territorial sea, adjacent area, and the Argentine economic zone.

Such Resolution was published in the Official Gazette on October 2nd; therefore, it shall be valid and enforceable as from October 3rd, 2020.

Prefectura Naval Argentina has based their decision on the regulatory change on the fact that the public health measures that are still in force to detain the effects of the pandemic caused by the COVID-19 prevent them from counting with the specialized personnel necessary to carry out campaigns for monitoring and collecting data regarding the discharge of the wash waters required to exercise their police and control powers.

We recommend shipping companies and vessels to take note about the important operative changes derived from the entering into force of the new regulation reported hereby.

However, as the above-referred suspension is provisional, and the restrictions previously explained have not been permanently overturned, we will remain alert to further decisions that the competent authorities may issue about this matter.

This report is meant to provide the reader with information and it is not supposed to offer legal advice. Whether you deem it necessary, we would be pleased to regularly update you and/or your Company on the latest developments on this regard and our team could also provide advice on ship management, compliance aspects concerning ports, waterways, available reception facilities, and other local regulatory framework, which may affect your fleet operations.