CIRCULAR No 19

The President of the National Institute of Aquatic Spaces, in exercise of the powers conferred by Article 78, numerals 1, 10, and 14 of the Decree with the Rank, Value, and Force of the Organic Law of Aquatic Spaces, in accordance with the provisions of Article 73, numerals 1 and 2, and Article 74, numeral 3 ejusdem, and as provided in Article 17 of the Organic Law of Administrative Procedures.

CONSIDERING that the National Institute of Aquatic Spaces is responsible for the exercise of Aquatic Authority and Administration.

CONSIDERING that the International Maritime Organization (IMO) is the global authority responsible for establishing standards to improve safety in international maritime transport and ensures environmental protection; therefore, its primary function is to establish a regulatory framework so that the maritime transport sector meets these objectives on an international level, under the motto “Safe ships, clean seas.”

BEARING IN MIND that the Resolutions issued by the International Maritime Organization are adopted based on the sustainable development goals established by the United Nations and must be considered and incorporated into national frameworks.

TAKING INTO ACCOUNT the provisions of the text of the Constitution of the Bolivarian Republic of Venezuela, which states that it is the obligation of the State to protect the environment for present and future generations, thereby contributing to the strengthening of maritime and port activities, safety of navigation, life at sea, and environmental protection.

CONSIDERING regulation 5.1 and regulation 14.1.3 of Annex VI of the 1997 Protocol amending the MARPOL 73/78 Convention, which requires the reduction of sulfur content from 3.5% to 0.5% m/m in the fuel used on ships of 400 GT or above and all fixed or floating drilling rigs and other types of platforms.

This Office,

INFORMS everyone active in the aquatic sector that, as of January 1, 2020, the fuel used by ships of 400 GT or above and all fixed or floating drilling rigs and other types of platforms in their operations must contain a maximum of 0.5% m/m of sulfur, except for ships equipped with exhaust gas cleaning systems (scrubbers).

Those Venezuelan-flagged vessels and foreign-flagged vessels under the special permit regime, which perform cabotage and domestic navigation, shall continue using the fuel supplied by the national provider, until there is availability of fuel dispatch in accordance with the IMO Resolution.

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The Port State Control (PSC) and the Harbor Masteries, in their respective inspections or visits to vessels, shall verify compliance with the regulations, checking the validity of the certificate and efficiency plan, control of fuel delivery notes, oil record books, the safekeeping of fuel samples, laboratory test reports if any, and if applicable, may randomly take fuel samples for laboratory analysis to verify the sulfur content, as provided in Appendix VI of Annex VI of MARPOL.

In case of non-compliance, the Aquatic Authority shall inform the respective Flag State, and a timeframe may be established to rectify the deficiency, and if applicable, other measures provided for by law may be imposed.

Notify the content of this Circular through all dissemination mechanisms.

In Caracas, on the 30th day of the month of December 2019.