ALERTS
Regulations of interest to the maritime sector
Recently, several regulations relevant to the maritime sector were published in the Official Gazette El Peruano. Below, we highlight the most important aspects:
Directorial Resolution No. 791-2024 MGP/DICAPI, which approves the models of national and international statutory certificates for vessels and naval artifacts of national and/or foreign flag.
- It approves 29 models of national and international statutory certificates for vessels and naval artifacts, aligned with international and national standards, including the SOLAS Convention, the ISPS Code and the ISM Code.
- The models include certificates of safety, tonnage, freeboard and vessel protection.
- The regulation repeals Resolution N° 0448-2010.
- Effective from December 12, 2024.
Directorial Resolution No. 945-2024 MGP/DICAPI, which approves the “Guidelines for the registration of national flag vessels and naval artifacts” and other provisions.
- Establishes guidelines for registration in the Registration Books and the Maritime Authority Control System (SISCAMAR), in order to guarantee uniformity and avoid errors in the information provided.
- The rule repeals Directorial Resolutions N° 0846-2002/DCG and N° 0364-2012-MGP/DCG.
- Effective from December 12, 2024.
Directorial Resolution N° 950-2024 MGP/DICAPI, which updates the list of Captaincy Posts at national level.
- The list of Captaincy Posts is updated, deactivating the Soplin Vargas, Tamshiyacu and El Estrecho river posts due to low aquatic activity.
- Human and material resources will be reassigned to areas with higher operational demand, ensuring more efficient management of river control and surveillance. In addition, it was determined that supervision in the deactivated areas will be assumed by nearby active posts under the supervision of the River Control Units.
- The rule repeals resolutions N° 509-2015 and N° 486-2019.
- Effective from December 12, 2024.
Directorial Resolution No. 963-2024 MGP/DICAPI, incorporating Port State Control Procedures.
- The incorporation of the “Procedures for Port State Control”, adopted by the IMO Assembly through Resolution A. 1185 (33) and its amendments, is approved as part of the national regulations, in order to harmonize inspections of foreign flag vessels in Peruvian ports to guarantee safety, prevent marine pollution and ensure that crews comply with international standards.
- Likewise, the regulation approves the Procedures and Complementary Provisions for Port State Supervision.
- The rule repeals Resolution No. 460-2023.
- Effective from December 12, 2024.
Directorial Resolution No. 984-2024 MGP/DICAPI: Provisions for the elaboration of collaboration plans between search and rescue services and passenger ships.
- The regulation approves the provisions for the elaboration of collaboration plans between search and rescue services and passenger ships, in accordance with Regulation 7, paragraph 3 of Chapter V of the International Convention for the Safety of Life at Sea (SOLAS 74).
- The provisions apply to the various types of passenger ships on international voyages and ships carrying more than 12 passengers. The objective is to ensure the safety of life at sea through better coordination and preparedness among the parties involved.
- Effective from December 12, 2024.
Directorial Resolution No. 944-2024 MGP/DICAPI, which approves the guidelines for the implementation of Regulation 3-1 of Chapter XI-1 of SOLAS 74.
- Guidelines are approved to assign an IMO number to companies and owners of existing and new registered national flag vessels for their international identification according to the system adopted by the International Maritime Organization (IMO).
- The objective is to improve maritime safety, protect the environment and prevent maritime fraud, in line with the principles and procedures established by the IMO through Resolution MSC.160(78) and Circular No. 2554/Rev.3.
- Effective from December 12, 2024.
Directorial Resolution No. 964-2024 MGP/DICAPI, which approves the “Guidelines for the inspection and maintenance of hatch covers of Peruvian flag bulk carriers”.
- The guidelines for the inspection and maintenance of hatch covers of Peruvian flag bulk carriers are approved, in accordance with IMO Maritime Safety Committee Resolution MSC.169(79) and the provisions of SOLAS 74.
- The National Maritime Authority will conduct periodic regulatory inspections to verify compliance with these standards.
- The standard applies to owners and operators of bulk carriers registered with the National Maritime Authority.
- Effective from December 16, 2024.
Directorial Resolution No. 988-2024 MGP/DICAPI: Incorporation of Amendments to the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code).
- The incorporation of the amendments to the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code), issued by the IMO Maritime Safety Committee, to the national regulations is approved.
- The amendments apply to national and foreign flag vessels operating in the maritime domain of the Peruvian State, in accordance with Resolutions MSC.370(93), MSC.411(99), MSC.441(99), MSC.476(102), MSC.492(104) and MSC.523(106).
- In addition, the guidelines of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC CODE) are approved.
- Effective from December 16, 2024.
RELEVANT CASE LAW
On December 12, 2024, the Court of Appeal of England and Wales, in relation to the ‘Prestige’ case, confirmed that the Spanish judgment ordering the payment of compensation to the London Steam-Ship Owners’ Mutual Insurance Association cannot be enforced in England. This is based on the grounds that it is manifestly contrary to English public policy and on the prevalence of arbitral jurisdiction.
For further information, please contact Omar Córdova (ocordova@estudiorodrigo.com), Sabrina Montoya (smontoya@estudiorodrigo.com) y/o Fiorella Bustamante (fbustamante@estudiorodrigo.com).
