ALERTS
Regulations of interest for the maritime sector
Six regulations of interest to the maritime sector were recently published in the Official Gazette El Peruano, the most relevant aspects of which are highlighted below:
Directorial Resolution N0. 345-2024 MGP/DICAPI, which approves the update of the “Rules for Obtaining and Maintaining the Continuous Synoptic Record Certificate (RSC)” and other provisions.
- It is established that all passenger vessels (carrying more than 12 passengers) and cargo vessels, under Peruvian flag, with gross tonnage equal to or greater than 500 and engaged in international voyages, must have on board a Continuous Synopsis Record (RSC). Companies must submit the required information to the Directorate of Control of Aquatic Activities within 15 days following the publication of the resolution, May 29, 2024. In addition, the CSR documentation will be kept on file for 5 years after the vessel leaves the Peruvian flag.
- The procedure for issuing and updating the RSC is modified, establishing that any amendment to the certificate data must be registered through a specific form and sent to the National Maritime Authority. In case of loss or deterioration of the RSC, the Maritime Authority must be immediately informed and a duplicate must be requested. In addition, the cases in which a new RSC will be issued are specified, including changes of flag or updates required by the company, maintaining the correlative numbering whenever possible.
Directorial Resolution No. 261-2024 MGP/DICAPI, which approves new provisions for the issuance of certificates for the first time to merchant vessels built in Peru or due to a change of flag, under the Harmonized System of Survey and Certification (SARC) modality, and establishes other provisions.
- The new guidelines replace those adopted by Resolution A.1156(32) and are based on the Harmonized System of Survey and Certification (SARC). These guidelines include updates to several international conventions, such as the 1974 SOLAS Convention, the 1966 Load Line Convention, the MARPOL Convention and other relevant codes such as the BWM and the Polar Code. The changes incorporate provisions on the periodicity and validity of the certificates, establishing uniform intervals of 2 and 3 years between surveys and a maximum validity period of five years for cargo certificates and 12 months for passenger ship safety certificates.
- These guidelines provide general provisions for ship surveys, but their application may vary according to the type and size of the ship. Significant modifications have been introduced, such as the elimination of off-schedule inspections and the reduction of certificate extensions to complete voyages. They also detail flexibility in the scheduling of inspections and the extension of certificates.
Directorial Resolution No. 385-2024 MGP/DICAPI, which approves the guidelines for the implementation of the instruments of the International Maritime Organization – IMO in accordance with Code III, and establishes other provisions.
- The guidelines aim to establish guidelines for the implementation of international instruments applicable to the State, considering the variations in functions of coastal and flag States. To this end, the resolution includes a detailed list of obligations to be complied with under key international conventions, such as the 1974 SOLAS Convention, the 1966 Load Lines Convention, the MARPOL Convention and the 1978 Formation Convention, among others.
Directorial Resolution No. 406-2024 MGP/DICAPI, which provides for the publication of the project called “Safety Guidelines for the entry to enclosed spaces at the edge of ships and naval artifacts”.
- The purpose of the guidelines is to orient shipboard personnel on the safety measures to be adopted when entering enclosed or confined spaces in order to ensure that the responsibility for safety is understood and that this task is always given priority and importance among those involved in water transport, particularly governments, shipowners and seafarers.
Directorial Resolution No. 407-2024 MGP/DICAPI, which provides for consultation with the maritime community on the draft Regulatory Directorial Resolution that approves the “Guidelines to meet the requirements for exemption from pre-flushing of tanks discharged with noxious liquid substances in bulk”.
- The purpose of the project is to regulate the guidelines to meet the requirements for exemption of a pre-washing of tanks of vessels discharging noxious liquid substances in bulk, at the request of the Captain, shipowner and/or representative agency, in Peruvian ports nationwide, under the competence of the National Maritime Authority.
Directorial Resolution No. 549-2024 MGP/DICAPI, which provides for the publication of the draft Regulatory Directorial Resolution that approves the “Guidelines for the preparation and approval of the operational contingency plan” and the “Structure of the operational contingency plan”.
- The purpose is to regulate the technical and administrative guidelines for the elaboration of operational contingency plans in case of spills of hydrocarbons or other polluting substances in the sea, rivers and navigable lakes by the persons administered or by the persons responsible for the operation of fixed and floating aquatic facilities dedicated to the supply, commercialization or other type of operations with hydrocarbons and derivatives, which are under the competence of the National Maritime Authority, without prejudice to the attributions and functions of other competent sectors of the state.
For further information, please contact Guillermo Puelles (gpuelles@estudiorodrigo.com), Omar Córdova (ocordova@estudiorodrigo.com), Sabrina Montoya (smontoya@estudiorodrigo.com) and/or Fiorella Bustamante (fbustamante@estudiorodrigo.com).
