The Chamber of Deputies approved the Senate’s amendments to the bill that provides for the opening of maritime cabotage and aims to offer the conditions to optimize the logistics chain and multimodal transport in Chile. The initiative, which modifies the Merchant Marine Promotion Law and the Navigation Law, is now ready to be sent to the President of the Republic for enactment.
The text defines cabotage as the maritime, river, or lake transport of cargo, between points of the national territory and between these and naval artifacts installed in the territorial sea or in the exclusive economic zone.
Along with the above, it is clarified that, in no case, shall the transport of foreign trade cargo between Chilean ports be considered cabotage. Nor the transport of empty containers between points of the national territory.
The regulation updates the legislation to allow the participation of foreign vessels when there are no regular national services. This aims to improve maritime connectivity and promote greater logistical efficiency throughout the country.
Furthermore, rules are incorporated to promote the training of national crews and ensure fair and non-discriminatory access conditions in the industry.
The Senate’s amendments establish that foreign vessels may operate for one year, extendable for six months, only on routes where no national services exist. At the end of the authorized period, companies must provide the service with vessels under the Chilean flag and will be subject to national regulations.
Likewise, vessels are required to have a minimum length of 120 meters. And that vessels leased with a promise of purchase must have a Chilean crew, after four years of operation.
The bill also authorizes foreign tourist vessels with fewer than 400 passengers to perform cabotage between Arica and Parinacota and Los Ríos, exceptionally and under safety conditions.
The new regulations contemplate greater safety and environmental control requirements. The text requires shipping companies to publish their itineraries and vessel characteristics on their official websites.
Furthermore, the Ministry of Transport and Telecommunications will assume the powers previously held by a special commission. In any case, it must consult with the Maritime Authority and the Ministry of Foreign Affairs before issuing resolutions.
Regarding the deadlines, the text establishes that the new provisions will be applied gradually in the regions of Los Lagos, Aysén, and Magallanes. Thus, it will begin to be implemented three years after the law is published and the transitional regime contemplates a progressive implementation in cargo transport, which will reach 100% in the second year of validity.
Debate on maritime cabotage
The debate in the Chamber included the participation of Deputies Hotuiti Teao, Leonidas Romero, Alejandro Bernales, Jaime Sáez, Luis Sánchez, Gloria Naveillan, and Mauro González.
In general terms, they highlighted the need to modernize the current legislation, but also raised some points of attention. Especially regarding national logistics strategies, in case of emergency, due to the operation of foreign vessels in the country.
They pointed out that, although the measure has commercial advantages, it is necessary to be careful about the way it is carried out.
Likewise, they warned about the eventual impact it will have on the national industry, as it would create a competitive disadvantage. This is because foreign companies have more precarious labor standards than Chilean ones. Therefore, they called for protective measures to be taken in the face of this situation.
In the same way, the implementation deadlines for the regulation were criticized, in particular, for the southern part of the country. In the deputies’ opinion, the timeframes are very tight, which could also affect the national industry.
