Argentina approved the 1997 Protocol for the Prevention of Air Pollution from Ships

On December 16, 2020, Law No. 27,584 was published in the Official Gazette, whereby the Argentine Congress approved the 1997 Protocol which amends the 1973 International Convention for the Prevention of Pollution from Ships (MARPOL Convention), as amended by the 1978 Protocol.

The MARPOL Convention is the main international convention on the prevention of marine pollution from ships. It was adopted at the headquarters of the International Maritime Organization in 1973, after which the 1978 Protocol was adopted, thus forming a single instrument that entered into force in 1983, which was amended several times.

The aim of the Convention is to prevent and reduce pollution from ships, either caused by accidents or by their normal operations. The Convention currently includes six technical annexes, each of which sets out rules relating to the prevention of pollution by oil, noxious liquid substances in bulk, harmful substances carried by sea in packaged form, sewage from ships, garbage from ships, and air pollution from ships.

In Argentina, the Convention and its first five annexes were approved by Law No. 24,089 in 1992. The last annex corresponds to the 1997 Protocol that was recently approved in Argentina, which incorporates Annex VI to the MARPOL Convention under the name “Regulations for the Prevention of Air Pollution from Ships.” This annex entered into force on May 19, 2005. It sets limits on emissions of sulfur oxides and nitrogen oxides from ship exhausts and prohibits deliberate emissions of ozone-depleting substances. It also establishes more stringent standards for the emission of these substances and particulate matter for designated emission control areas.

Furthermore, the annex determines how the surveys and inspections of ships should be carried out and thus establishes the rules for issuing the International Air Pollution Prevention Certificate, with an appendix containing the model to be used. In addition, the annex contains rules on the quality of fuel oil and information to be included in the bunker delivery note.

The annex determines the procedure to be followed in case of breach or non-compliance with its provisions, establishing the mutatis mutandi application of the rules and norms of international law pertaining to the prevention, reduction and control of marine pollution caused by ships.

Finally, the annex also establishes mandatory technical and operational energy efficiency measures aimed at reducing greenhouse gas emissions from ships. Specifically, it stipulates rules governing the emissions of volatile organic compounds and incineration on board ships.