News

Please kindly note that the Official Secretariat of Ports and Waterways, by Disposition 9-E/2018, approved the "Maximum Rates for Pilotage Services".
They shall become effective as from today.
Please note the Official Statement and Appendix with tariffs:

MINISTRY OF TRANSPORTATION
OFFICIAL SECRETARIAT OF PORTS AND WATERWAYS

Disposition 9-E/2018
City of Buenos Aires, January 15th, 2018

IN VIEW OF File EX-2017-27769577-APN-SSPYVN#MTR from the Registry of the MINISTRY OF TRANSPORTATION, and
CONSIDERING:

That as established by Maritime Law No 20094, in its article 99, pilotage in national jurisdictional waters constitutes a regulated and controlled public service, being article 101 of the aforementioned rule the one that differed the way in which service and rates should be provided.
That by Decree 2694 on December 20th, 1991 it was passed the REGULATION OF PILOTAGE SERVICES IN RIVERS, PORTS, PASSAGES AND CANALS WITHIN THE ARGENTINE REPUBLIC, establishing the duty to determine maximum rates since it is a public service, stipulating that the OFFICIAL SECRETARIAT OF PORTS AND WATERWAYS shall be the Enforcement Authority and the one with the powers to implement them.
That it shall be noted that pilotage is a public service for navigation safety, and vast areas of the River Plate, the Paraná River and the other river and maritime ports within our country are declared ‘compulsory pilotage areas’, as said decree indicates.
That the regulations provide that any Argentine or foreign vessel, while sailing in compulsory pilotage areas, must carry a pilot on board.
That, as a direct consequence of the compulsory nature established there, it was defined as infringement the omission of carrying a pilot on board in the provisions of article No 599.0101 of the Maritime, River and Lake Na vigation Coast Guard Regulation (REGINAVE), to all those responsible for vessels, owners, captains and/or shipping agents who shall fail to comply with this obligation, a circumstance that is aggravated for the captains of Argentine vessels.
That it was also determined that the service shall be continuously and uninterruptedly provided. That by Disposition No 1 on January 8th, 1992, the NATIONAL DIRECTORATE OF RIVER AND MARITIME TRANSPORTATION dependent on the OFFICIAL SECRETARIAT OF PORTS AND WATERWAYS of the then MINISTRY OF ECONOMY, PUBLIC WORKS AND SERVICES determined the maximum rates for pilotage services, which used to be outdated.
That, on the other hand, it is necessary to emphasize that by Decree No. 817 on May 26th, 1992, various modifications were introduced to the regulations established by Decree 2694/91.
That the Law of Port Activities No 24093, in its article 20, determines that the NATIONAL STATE exercises the police power for the purposes of regulating port services in general, and  pilotage services in particular.
That Article 22 of Decree No 769 on April 19th, 1993, determines that the OFFICIAL SECRETARIAT OF PORTS AND WATERWAYS is the enforcement authority of Law No 24093, with the status of National Port Authority.
That also by Decree No. 874 on October 27th, 2017 articles 3°, 4°, 6° of Decree No. 2694 and articles 13, 15, 19, 21 and 22 of Appendix I of Decree No 2694; article 25 of Decree 817/92 and article 599.0101 of Decree No. 4516 on May 16th, 1973 were replaced.
That as it arises from article 4° of Decree 2694/91, modified by Decree No 874/17, the OFFICIAL SECRETARIAT OF PORTS AND WATERWAYS of the SECRETARIAT OF MANAGEMENT OF TRANSPORTATION of the MINISTRY OF TRANSPORTATION through the NATIONAL DIRECTORATE OF RIVER AND MARITIME TRANSPORTATION shall be the enforcement authority of the above mentioned decree.
That as a result of the outdated rates approved by Dispositi on DNTFYM No. 1/92, it was issued Disposition DI-2017-191-APN-SSPYVN#MTR on November 16th, 2017, which convened a Public Hearing on the terms of Decree No. 1172/2003, in order to consider the new rate of Pilotage Services for the Rivers, Ports, Passages and Canals of the Argentine Republic, which was held on December 12th, 2017 at La Rivera Theater, in the City of Buenos Aires, complying with the corresponding procedure.
That, for this purpose, it was created a channel for receiving written submissions, which were duly considered within the framework of the closure report provided by article 36 of Appendix I of Decree No. 1172/03.
That, following the Public Hearing held, various considerations related to the elimination of the limitations on the maximum coefficient to be applied and the special bonus for those companies with a majority of national capital have been incorporated into this regime, as well as the incorporation to the rates of the delays for some con cepts, that before were not considered, and by change of pier.
That it is necessary to clarify that the related support services referred to in article 3° of Decree 2694/91, shall be agreed by the parties, not being included in the maximum rates that this act promotes.
That, on the other hand, it corresponds to establish the annual renewal of the rate charts so that the measure shall be effective and ensure the due provision of the continuous and regular pilotage service.
That the DIRECTORATE OF SHIPPING ACTIVITIES dependent on the NATIONAL DIRECTORATE OF RIVER AND MARITIME TRANSPORTATION, dependent on the OFFICIAL SECRETARIAT OF PORTS AND WATERWAYS of the SECRETARIAT OF TRANSPORTATION MANAGEMENT of the MINISTRY OF TRANSPORTATION, refers the acts, since the NATIONAL DIRECTORATE OF RIVER AND MARITIME TRANSPORTATION excuses itself from issuing an opinion on the subject under treatment, being competent to continue the process, assessing the different paramete rs determined to establish the maximum rates for the pilotage service for the different areas as established in the Appendix attached to this act.
That the DEPARTMENT OF LEGAL AFFAIRS from the MINISTRY OF TRANSPORTATION has intervened as competent body.
That the powers to issue this act arise from Decrees No. 2694 on December 20th, 1991, No. 769 on April 19th, 1993, No. 357 on February 21st, 2002, and Decree No. 8 on January 4th, 2016.
Therefore,

THE OFFICIAL SECRETARY OF PORTS AND WATERWAYS
DETERMINES:

ARTICLE 1°.- Be it passed the “MAXIMUM RATES FOR PILOTAGE SERVICES”, which shall be established as provided in the Appendix (DI-2018-02339119-APN-SSPYVN#MTR), that is an integral part of this Disposition.
ARTICLE 2°.- The related support services referred to in article 3° of Decree 2694/91, shall be agreed by the parties, not being included in the maximum rates passed in this Disposition.
ARTICLE 3°.- The “MAXIMUM RATE S FOR PILOTAGE SERVICES” shall be annually revised and updated as established by the enforcement authority of this regime.
ARTICLE 4°.- These rates shall become in force as from the day of its publication in the Official Bulletin.
ARTICLE 5°.- This be communicated, published and filed. — Jorge Gerardo Metz.
NOTE: The Appendix(es) that integrate(s) this Disposition are published in the web edition of the Official Bulletin of the Argentine Republic (BORA) - www.boletinoficial.gob.ar