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08 March 2017
The Ministry of Environment and Sustainable Development has issued a new regulation addressing ballast water treatment for vessels arriving from foreign ports. Pursuant to Regulation 85-E/2017, vessels calling at Argentine ports must apply a chlorination process to their ballast tanks as a measure to prevent the introduction of invasive aquatic species that could affect river ecosystems in Argentina.
In addition to the new regulation, two other primary regulations address ballast water treatment:
The new regulation makes no reference to ballast water exchange. However, it stipulates that Regulation 7/98 – requiring ballast exchange – must be followed. This regulation creates uncertainty in cases where vessels arriving from Brazilian ports must divert to high seas to proceed with ballast exchange before heading to the Rio de la Plata. It could be argued that ballast exchange would not be necessary if chlorination is applied. However, the chlorination process will bring more issues, as it is unclear as to who should chlorinate the tanks. The current regulation posits only that it must be done at roads on arrival, but does not clarify whether it could be pursued by the crew or a local entity.
This regulation is intended as a preliminary stage to the International Convention for the Control and Management of Ships' Ballast Water and Sediments, to which Argentina is party by Act 27.011/2014 and which will enter into force on September 8 2017. In the meantime, the Coastguard is expected to review its own regulations following the rules from the Ministry of Environment and Sustainable Development in order to bring more certainty to deballasting operations.
For further information on this topic please contact Francisco Venetucci at Venetucci & Asociados by telephone (+54 3476 421 556) or email (email@example.com). The Venetucci & Asociados website can be accessed at www.venetucci.net.
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