The Directorate General of the Coast Guard (“DICAPI”) published Directorial Resolution No. 400-2025 MGP/DICAPI (hereinafter, “RD 400”), which approves the “Guidelines for the prevention of marine pollution by dumping of wastes and other materials”, in compliance with the international obligations assumed by Peru through the London Protocol of 1996 regarding the Convention on the Prevention of Marine Pollution by Dumping. Annex A of this regulation sets out the technical criteria and mandatory procedures to be observed by both the parties involved and the National Maritime Authority (hereinafter, “AMN”), restricting this practice only to permitted wastes and under specific environmental control conditions. The main aspects are:
Chapter I
It is established that dumping will only be authorized with respect to the materials contained in Annex A and expressly listed therein, being prohibited the incineration at sea and the export of waste for dumping purposes.
The guidelines are mandatory for the formulation and evaluation of applications for authorization of dumping of the following materials: (i) dredged materials, (ii) ships, platforms or other constructions, (iii) inert inorganic geological materials, (iv) organic materials of natural origin, and (v) bulky objects. The purpose of this is to prevent, monitor and avoid environmental degradation, when it is not possible to eliminate the causes that generate it. Therefore, according to Article No. 7.2, it is indicated that the authorizations are granted only if the administered proves, by means of a Technical Feasibility Study, that all options have been exhausted, leaving the disposal at sea as the last alternative.
Article 4 establishes that all the provisions contained in the regulation are applicable to any natural or legal person requesting authorization from the AMN to discharge wastes and other materials into the sea. It also establishes a glossary of terms, including the definition of “waste”, defined as materials or substances generated by vessels that may damage health, marine life or the environment, and which may be dumped according to national or international standards.
Chapter II – General Guidelines for the Evaluation of Wastes or Other Matter that may be considered for discharge
The technical and methodological provisions to be observed in evaluating applications for authorization to dump wastes and other materials at sea are established, in accordance with the standards of the London Protocol. The progressive reduction of dumping should be promoted, avoiding treating it as a routine practice.
Article No. 9 establishes the criteria for issuing the discharge authorization. 9 establishes the criteria for issuing the discharge authorization, which include: (i) Control of waste production; (ii) Examination of waste management options, such as recycling or treatment, discarding dumping if viable alternatives exist; (iii) Chemical, physical and biological properties; (iv) Criteria for action, dumping of toxic substances is prohibited, using the Canadian Environmental Quality Guidelines as a reference; (v) Selection of the dumping site, avoiding sensitive areas and cannot be done within 5 nautical miles or in protected areas; (vi) Impact assessment; and, (vii) Supervision, oversight, permit and conditions.
Chapter III – Provisions on Permitted Rights
The types of wastes that are allowed to be dumped are specified: The material must be free of contaminants or have been previously treated to reduce environmental risks. In addition, the analysis and decision must consider the particularities of each type of waste, the dumping site and the possible effects on marine ecosystems. The list is exhaustive and is composed of five types of wastes, which are described in summary below:
Chapter IV – Permit for dumping of wastes and other materials into the sea
The procedure to obtain the authorization to dump waste at sea is regulated. The applicant must comply with the requirements established in the TUPA of the Peruvian Navy. The application may be submitted to the corresponding Port Captaincy or directly to the General Directorate. The Aquatic Environment Directorate evaluates whether the file complies with environmental, legal and material ownership criteria. If there are observations, a period of 10 working days is granted to correct them. If everything is in compliance, a technical report is issued and a resolution authorizing the discharge is issued. The permit will not be granted if there are viable alternatives such as recycling or treatment without significant risks or excessive costs.
Chapter V – Supervision of discharge operations
Under Articles 21 to 24, the Port Captain’s Office must carry out supervisions and inspections during and at the end of the discharge, drawing up a report of findings. In case of non-compliance with the authorized conditions, the operations may be paralyzed. In the case of unauthorized discharges, an administrative sanction is imposed.
For further information, please contact Omar Córdova (ocordova@estudiorodrigo.com) and Jorge Trelles (jtrelles@estudiorodrigo.com).
