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Regulatory Alert – January 2024

Regulatory

The Regulations of Legislative Decree No. 1147 that regulates the Strengthening of the Armed Forces in the competences of the National Maritime Authority – DICAPI

On Wednesday, January 24, 2024, Supreme Decree No. 001-2024-DE (the “Supreme Decree”), which amends the Regulations of Legislative Decree No. 1147 (the “Regulation”), Legislative Decree regulating the Strengthening of the Armed Forces in the Competences of the National Maritime Authority – General Directorate of Captaincy and Coast Guard (“DICAPI”).

The purpose of the Supreme Decree is to amend the Regulations in order to make administrative procedures effective, bringing them into line with the regulations on administrative simplification in force. In this sense, the Supreme Decree seeks to reduce administrative burdens through the elimination of unnecessary or nonproportional requirements, as well as the implementation of virtual tools.
The main amendments introduced by the Supreme Decree include the following:

1. Precision of requirements and aspects of administrative procedures concerning (i) navigation permits; (ii) authorisation to dredge in aquatic areas; (iii) authorisation to work on board; (iv) authorisation to dock lifeboats; (v) authorisation for the stranding or destruction of naval vessels and appliances for repairs, as well as for the ground transfer of naval vessels and appliances; (vi) access to the SAR emergency beacon register; (vii) clearance and removal permits; (viii) temporary authorisations, modifications, transfers and termination of the right of use of aquatic area; (ix) among others.
2. Incorporation of provisions for aquatic training and training centres in addition to aquatic training centres.
3. Implementation of: (i) the Single Window for Foreign Trade – VUCE for departure and/or arrival procedures of ships engaged in commercial traffic, international travel or cabotage; and (ii) the Single Aquaculture Window – VUA for procedures to change the holder of the right to use aquatic area for aquaculture activity.
4. Amendments and additions to the Glossary of Terms of the Regulations, with respect to concepts such as: (i) “Aquatic Training Centre”; (ii) “Dirty Water”, (iii) “Age or Age of Ship or Naval Device”; (iv) “Aquatic Training and Training Centre”; (v) “Recognized medical centre”; (vi) “Harmonized system”; (vii) “Classifying society”; (viii) “Polluting substances”, (ix) among others.

Finally, through the only Final Supplementary Provision of the Supreme Decree, it is provided that, within 90 and 120 working days of its entry into force, the “Environmental Protection Regulations” and the “Citizen Participation Regulations” will be approved, respectively, for projects falling within the competence of the National Maritime Authority.
For further information, please contact Verónica Sattler (vsattler@estudiorodrigo.com), Alejandro Manayalle (amanayalle@estudiorodrigo.com) and/or César Carrillo (ccarrillo@estudiorodrigo.com)