CIRCULAR 003/16 – GARBAGE DISPOSAL IN ARGENTINA

I. SENASA (National Health Authority)

As a matter of principle, in Argentina it is not mandatory for foreign vessels to discharge the garbage on board when calling our ports. Nevertheless, according to Resolution 714/2010 for the “National Plan for garbage”, enacted by SENASA, the latter has the right to inspect the vessels and to decide, at its own discretion, if the garbage on board should be discharged or not. If they consider that it should be discharged, their order to do so is mandatory and has to be accomplished accordingly.

In general terms, the criteria of SENASA seems to be to dispose of garbage when its volume reaches about 2-3CBM. However, this cannot be taken as a rule, as it would depend very much on the criteria of the attending officer which, on the other hand, would appear not to take into account the vessel´s arrangements for storage of garbage or its capacity.

II. Coastguard

The Argentinean Coastguard – Prefectura Naval Argentina (PNA) – is the authority of application of the Marpol Convention. Accordingly, they enforce annex V (garbage) of such regulation. Until recently, we did not hear about cases in which the PNA requested the vessels to discharge and dispose their garbage. However, we have seen in the last months some cases in which they observed the presence of excessive garbage on board during their PSC, as a consequence of which they ordered to discharge and dispose of the garbage. Their criteria, apparently matched that of SENASA’s (i.e. 2-3 CBM).

III. Port Authority in the province of Buenos Aires

The Sub-Secretary of Port Activities of the Province of Buenos Aires enacted in 2015 their Resolution 648, which affects the ports located in the above mentioned Province only, such as San Nicolas, Campana, Zarate, Ensenada and La Plata among others.

Through such Resolution, the authority intended to make compulsory for all the vessels calling their ports to discharge and dispose of the garbage (unless they proceed from another public port of Buenos Aires) within their plan for the “Tracing Management of Garbage coming from Vessels”

In addition, within such plan, the Sub-Secretary reached an agreement with the National Technological University (UTN for its initials in Spanish) for the development of technology to trace and manage the plan. As a consequence, the UTN intended to charge US$ 5,445 to every ship calling and discharging cargo in the port of Buenos Aires (and US$ 1,452 if no discharge is performed).

It should be mentioned that these measures pursued by the Sub-Secretary and UTN have not been applied as they received complaints from the local chambers and, so far, as mentioned, they have not been applied.

Finally, it should be pointed out that the costs for discharging and disposing of the garbage are in the region of about: minimum US$ 3,000 up to 3CBM, and US$ 1,000 for every extra CBM.

As a conclusion, shipowners calling Argentinean ports should be ready to discharge the ship´s garbage upon the request of SENASA (health authority) or PNA (Coastguards), which is very likely if the volume is above 2 CBM.

Pandi Liquidadores SRLwill continue monitoring the matter and remains at disposal if clarification or further information is needed.