Argentina has joined USA, Canada, Australia, New Zealand and Chile to impose AGM regulations on international ships visiting Argentinian ports.

The Argentinian National Service of Agri-Food Health and Quality (SENASA)  is the competent authority dealing with AGM regulations in Argentina and has recently approved a new resolution 764/2020 together with two integrated Annexes, prescribing phytosanitary measures for ships that have sailed or remained in the 'AGM-risk' or 'AGM-regulated' areas during the last 24 months, counting from the arrival of the ship at Argentinian ports.

This new Argentinian resolution was published in the Official Gazette on 14 October 2020 and enters into force 90 days after this date, i.e. on 12 January 2021. It is our understanding that notwithstanding the new measures will only enter into force  on 12 January 2021, it will be applied “retroactively”.  Therefore, if a ship arrives in Argentina on 12 January 2021, the period to be considered would be from 12 January 2019. So if the ship has visited one of the AGM-risk or  regulated areas in that period, this will have to be stated in the pre-arrival information; and if the visit coincided with the specified risk period, an AGM-free certificate must be obtained as well.

For full details of the AGM requirements, please go to our AGM section/Argentina for information and guidance.

Members are hereby reminded that calling at areas considered AGM high risk have to be aware of the AGM requirements imposed on ships by various governments that are bent on keeping AGM at bay. The usual suspects are Australia, Canada, USA, Chile and New Zealand.

The AGM high risk period usually starts from late May to September. A ship that has called at a port in the regulated AGM area during the specified risk period of the current or previous year will be considered a ship of high AGM risk and in general is required to get a proper AGM-free certificate at the last port visited at the high risk area.

Members are advised to refer to our AGM section for information and guidance, as well as using our BIMCO AGM clause for Time Charter Parties 2015. 

SENASA  is the competent authority dealing with Asian gypsy moth (AGM) regulations in Argentina. 

SENASA approved a new resolution 764/2020 / original text and unofficial English translation , together with two integrated Annexes, prescribing phytosanitary measures for ships that have sailed or remained in the 'AGM-risk' or 'AGM-regulated' areas during the last 24 months, counting from the arrival of the ship at Argentinian ports.  The Argentinian authorities have mentioned two types of AGM breed; Lymantria dispar plague (gypsy moth) Asian ( PGRA) or the Japanese breed (PGRJ). 

The requirements for ships in brief are as follows: 

•  Ship to obtain an AGM-free certificate issued by the Phytosanitary Authority within the country or any other body exercising official control, corresponding to the last port of stay or departure of the ship in the 'AGM-risk' areas (see Annex I of resolution).  
• Ship that has sailed or remained in the 'AGM-risk' areas in a period different to the time of female moth’s flight mentioned in Annex II of the resolution, shall be exempt from presenting the AGM-free certificate required in this rule. This means simply, ships sailing in the AGM-risk or AGM-regulated area outside the specified risk period in the last 24 months will be exempted. But they are still required to notify SENASA of such visits. 
• All ships arriving in Argentina from the 'AGM-risk' areas shall inform their ship agent, 72 hours in advance and such information to be conveyed through the platform of  SIG-RES (regulated waste) of SENASA, or any other system that shall be duly determined, complementing the information with the list of ports where the vessel has called during the last 24 months.

This new Argentinian resolution was published in the Official Gazette on 14 October 2020 and entered into force on 4 January 2021.

Infringements of the regulation may result in fines amounting up to AR$ 10,000,000 (about US$ 133,333 today’s ROE).

Argentina regulated areas and the specified risk periods 

Risk assessment of entering vessels

The National Directorate of Vegetable Protection within SENASA shall perform the risk assessment of those ships entering that have called during the last 24 months in areas with PGRA and/or PGRH, , whether during the flight periods or not, 72 hours prior to arrival.

The minimum variables to be considered in the risk assessment process by the enforcement authority are:

1. navigation periods within risk areas,
2. official certificates of vessels free of PGRA and/or PGRJ,
3. variations in the population dynamic of plagues in its area of origin,
4. records of population outbreaks in the area of origin,
5. background of interceptions in the country,
6. notification of interceptions by other National Phytosanitary Protection Bodies.

The risk assessment process shall yield the following results:

• Without inspection -  It allows the free navigation of the ship in Argentinian ports.
• With inspection -It requires the physical inspection of the ship, prior to the beginning of operation within the country (ships  shall be inspected in the first port of call by SENASA).

If the presence of the aforementioned plagues is observed, phytosanitary measures shall be established depending on the risk detected:

1. In the case of presence of eggs masses, the cleaning and phytosanitary treatment of the ship in port by a duly authorized company shall be ordered. Subsequently, the ship shall be re-inspected by SENASA, before the Maritime Authority shall allow the free navigation through national ports.
2. In the case of presence of first instar larvaes, the Shipping Agency shall be notified and the Maritime Authority shall be requested to immediately send the ship to a suitable turn for its cleaning and phytosanitary treatment, by a duly authorized company. Subsequently, the ship shall be re-inspected by SENASA, before the Maritime Authority shall allow the free navigation through national ports.
3. Facing the impossibility of applying the phytosanitary measures mentioned in subsections a) or b), the Shipping Agency shall be notified and the Maritime Authority shall be requested not to authorize the ship to enter national ports.

The enforcement authority (National Directorate of Vegetable Protection) has informed this Centro that the Handbook of Procedures to notify by SIG-RES system through Shipping Agencies has not been published yet in its official website.

SENASA website

Source: Centro de Navegacion, Vega & Co and Gard P&I Club

Trading restrictions imposed against Argentina:

None

Trading restrictions imposed by Argentina:

Transit between Argentina ports and the Falkland Islands
Decree 256/2010 on the authorization for vessels intending to transit between Argentina and the Falkland Islands.

• Original decree in Spanish
   

Flag Waiver 
Although the Argentine "Law of the Reserve of Cargoes (1969)" relating to the carriage of goods by Argentine flag ships was revoked in 1991, there are still bilateral treaties which reserves the carriage of cargo between Argentina and the following countries to national tonnage only.

* excluding the islands of Kinmen, Matsu, Penghu and Taiwan and Hong Kong Special Administrative Region.

In cases where such national tonnage is not available, a flag waiver can be obtained allowing for the cargo to be carried on board non-national tonnage.

Explosives
The import, export and/or transit of explosives within Argentine ports/waters can only be undertaken subject to prior approval (Governmental Decree No. 302/83).

Toxic and /or Nuclear Residues
Vessels carrying such cargoes of prohibited from calling Argentine ports.

Union action
Seaman's Union (SOMU) require an ITF Blue Card Certificate at all ports where tug service is rendered prior to allowing their members (tugboats' crew) to proceed with the assistance. If a vessel does not have the required certificate no tug service will be provided. 

The list of flags subject to the above are currently as follows: 

In additon the Union is reported to be delaying berthing / unberthing of vessels flying the following flags. 

See also United Nations Security Council Resolutions