PINTAIL TO ENTER ARGENTINEAN WATERS DESPITE SWELL OF GOVERNMENT AND PUBLIC PROTEST

The position of the Pacific Pintail at 0700 GMT was 53 degrees and 38 minutes south and 58 degrees and 33 minutes west, on a distance of some 200 miles east of the Argentinean Isla de los Estados.

The exact position of the Argentinean EEZ is unclear, and assuming it is right in the middle between the Falklands and the Islas de los Estados, we will enter the Argentinean waters around 1600 GMT today. The Pacific Pintail is steering a compass course of 240 degrees at a speed of 10.5 knots, which could bring her as close as 30 miles from the Argentinean cost, south of the Isla de los Estados.

The Argentinean House of Representatives passed a resolution late Wednesday night urging the Executive Branch of the Argentinean Government to ban the Pacific Pintail from the waters under Argentinean jurisdiction. The full (translated) text of the resolution reads:

Honourable Chamber of Deputies of the Argentine Nation Office of the Secretary 72-D-95 and others Without Title March 15, 1995, Buenos Aires The Chamber of Deputies of the Nation

DECLARES:

1. We utterly reject the transit of the ship Pacific Pintail and we would see it as a good measure that the Argentine government takes all necessary steps to prohibit the entrance of this ship transporting highly radioactive waste from plutonium, from the French port of Cherbourg to its final destination Japan, from Argentinean territorial sea, the exclusive economical zone and the maritime area above the Argentine continental shelf where it exceeds two hundred miles, in accordance with article 41 of the National Constitution, law 24051 and the general and particular principals of the United Nations Convention on the Law of the Sea.

2. The necessity that the Argentine government establishes joint strategies with other countries from the region towards a concerted and [word unclear] action with respect to the shipment and in order to avoid actions such as the one which triggers this declaration.

3. The necessity that the Argentine government adopts necessary measures to achieve before relevant international institutions the closing of Cape Horn to the international shipment of radioactive waste.

4. A copy of this must be sent to the Embassies of both Japan and France.

In the mean time, the Chilean government has also taken a very strong position on the looming passage of the Pintail through its waters. Chile's government has banned the shipment from all its territorial and jurisdictional waters and has entrusted the Navy with enforcement powers. In passing the ban, the Chilean Senate referred to the UN Convention of the Law of the Sea in that maritime activities should not have a negative impact on the protection and preservation of the marine environment and its live resources. The Commander-in-Chief of the Navy, Admiral Jorge Martinez Busch has said that naval planes and ships will start surveillance of the Pacific Pintail as soon as the ship gets close to Chilean waters. Greenpeace expects the Pacific Pintail to come enter into Chilean waters around 1400 GMT on Sunday.

The weather around Cape Horn has grown increasingly worse over the past few days and the outlook is not much better: heavy seas and high winds. In an urgent telex from Greenpeace's ship Solo to the Pacific Pintail on Thursday, we informed the captain that it is of grave concern to Greenpeace that he is attempting to force his way through the waters of a region where his ship and its radioactive cargo have been rejected out of safety reasons, and both governmental and public opposition. Neither the Pacific Pintail nor the ship's managing company thus far have even acknowledged having received our information.

49KB GIF or 13KB JPG. Waves crash over MV Solo Helideck, off Falkland Islands. ©Greenpeace/Sims

The current transport onboard the Pacific Pintail involves glassified high level nuclear waste generated in the course of plutonium reprocessing in France for the Japanese. Greenpeace calls for a world-wide ban on the production of all plutonium -- whether used for military or for civil purposes--in its campaign to halt nuclear weapons production and proliferation.

For additional information on the Pacific Pintail's voyage or it's cargo of plutonium waste is required, please contact Bas Bruyne on the Solo (phone: ++871-1301166--warning $10 per minute), or Karen Richardson at Greenpeace UK (phone: ++44-171-226-3151). Photo, video or other media requests to Blair Palese or Mark Warford at Greenpeace Communications (phone: ++44-171-833-0600).

Media and others interested in tracking the shipment's route daily should access Greenpeace World Wide Web site at: HTTP://WWW.greenpeace.org/

Best regards and No Nukes!
Ulf Birgander (Captain)
Bas Bruyne (Campaigner)

CHILEAN NAVY FORBIDS PINTAIL TO ENTER 200 MILE EEZ; PINTAIL HEADS THAT WAY ANYWAY

The position of the Pacific Pintail at 2300 GMT was 55 degrees and 58 minutes south and 65 degrees and 11 minutes west, on a distance of some 20 miles east of the Chilean Exclusive Economic Zone. We are sailing at a course of 240 degrees at a speed of 4 knots. We could thus reach the Chilean EEZ in approximately 5 hours, ie. Monday morning at 0400 GMT.

Today the Chilean Navy issued a statement to the Pacific Pintail in a radio communication, transcribed below (1).

Later today at 2242 GMT, the Chilean Navy informed Greenpeace that they had sent the following telex message to the Pacific Pintail by Chile's General Director for the Maritime Territory and Merchant Marine. The text is also below (2).

The Chilean Government has taken a very strong position on the looming passage of the Pintail into its waters. Chile's Government has banned the shipment from all its territorial and jurisdictional waters and has entrusted the Navy with its enforcement. For more information please contact Juan Carlos Cardenas at Greenpeace Chile (++56-2-737 8140) or Damon Moglen (++54-9-012-4550).

The weather around Cape Horn continues to worsen with waves of 10 meters coming over the Solo's side and winds gusting off the bow. It's much as it was when we left France with the crew having to strap down everything on board, including themselves come bed time. Cape Horn is renowned for its bad weather, drift ice and heave seas. The further south we and the Pintail go, the worse the weather will be. The captain of the Pintail is knowingly acting irresponsibly by sailing this far south. The Pintail may cross into the Antarctica Treat Area below 60 degrees south, in flagrant denial of international agrement to preserve the pristine continent from environmental threats.

For additional information on the Pacific Pintail's voyage or it's cargo of plutonium waste is required, please contact Bas Bruyne on the Solo (phone: ++871-1301166--warning $10 per minute), or Karen Richardson at Greenpeace UK (phone: ++44-171-226-3151). Photo, video or other media requests to Blair Palese or Mark Warford at Greenpeace Communications (phone: ++44-171-833-0600).

Media and others interested in tracking the shipment's route daily should access Greenpeace World Wide Web site at: HTTP://WWW.greenpeace.org/

Best regards and No Nukes!
Ulf Birgander (Captain)
Bas Bruyne (Campaigner)

=============
ENCLOSURE 1
=============

--start transcript Chilean Navy Patrol/Pacific Pintail 19 March

1995 1830GMT-
CN = Chilean Navy patrol
PP = Pacific Pintail
(CN calls Pacific Pintail)
CN: Pacific Pintail, this is Chilean Navy Patrol, over. I presume that I'm speaking with the Captain, over
PP: You are speaking to the captain, sir, good afternoon;
CN: Good afternoon sir, this is Chilean Navy Patrol; I would like to notify you that for resolution of the Chilean Navy, the Chilean Government to the Chilean Navy, you are not allowed to sail into our Exclusive Economic Zone, over;
PP: Yes sir, this is Pacific Pintail, I have statement to read you as follows: My passage plan does not transit the territorial seas of Chile. As my vessel is engaged in lawful trade no foreign state has a lawful right to interfere with my navigation on the high seas I repeat I do not intend to pass through your country's territorial seas. If you wish any further information please state the nature of your inquiry and I will provide you with any relevant information that I am able to, otherwise I will seek my owners instructions and revert. If necessary my owners will refer the matter to the British Government, over;
CN: I understood you do not go to sail through our sea territory. But the resolution of the Chilean Government is that you are not allowed to sail through our Exclusive Economic Zone. The resolution of the Chilean Government, Chilean Navy is number 12600.67 of 16 March 1995, over;
PP: Yes, but I repeat we are not passing through your territorial seas we are on the high seas over;
CN: Yes roger I understood....thank you very much, have a good trip
PP: OK we are monitoring Channel 16, Good Afternoon Sir --- BREAK OF 5 MINUTES--
CN: (Calls Pacific Pintail on Channel 16)
PP: Chilean Navy Patrol, this is Pacific Pintail
CN: Channel 12
PP: Chancel 12
CN: Pacific Pintail this Chilean Navy Patrol, over
PP: This is the Pacific Pintail, go ahead please;
CN: I would like to notify you that if you keep this course and speed you're going to go inside of our sea territory, over;
PP: Yes sir, I would like to repeat that I do not intend to pass through your country's territorial seas....
CN: Understood...unintelligible).. that you are going to change your course later, over;
PP: ...otherwise I will have to seek my owners instructions and revert. If necessary it will have to be referred to the British Government, over;
CN: Sir, I understood, but the thing is if you keep this course you are going to go inside of our territory the question is if you are going to change your course, your heading, over;
PP: My present course will keep me out side your territorial waters, we will pass 15 miles inside Diego Ramirez and 15 miles from the land-mass, the coast line therefore we are outside territorial waters and we are carrying out a lawful trade, over;
CN: Sir, I understood, but one thing is that you are not allowed to sail through our Exclusive Economic Zone, do you understand?
PP: Yes sir, I understand but your economic zone as you know every ship has the right of free passage and we are engaged in freedom,free trade free trade and a legal trade and therefore we are allowed free passage through an Economic Zone, over;
CN: Roger, but the Chilean Government have a resolution about that you can not sail through our Economic Zone, over;
PP: Yes sir, well this maybe the case but these are my instructions and I will have to refer the matter to my owners, and possibly then to the British Government this is a very safe ship as you know we have very bad weather and we are being very careful with our passage safe navigation, and we feel that you have no problem for your safety side of it, otherwise I will have to revert with further information, over
CN: Yes, I understood, very clear, listen, but our resolution from the Chilean Government said that you must stay 200 miles far away from Diego Ramirez, do you understand?
PP: This is Pacific Pintail, I would like to repeat that we will not transit your territorial seas we will not be within 12 miles of your coast line, and therefore we have freedom of passage on the high seas, over;
CN: Yes, I would like to explain that our Economic Zone is not high sea, is not high sea, it is our Economic Zone, and you are not allowed to sail through this zone, over;
PP: This is Pacific Pintail, I would like to dispute that, the territorial waters are 12 miles from your coast line and on either Diego Ramirez or the main land therefore anything outside that which will be, will be high seas, the EEZ has nothing to do with high seas. Any vessel on the high seas according to the various conventions of the Safety at Seas, and the agreements of the Law of the Sea allows us freedom of passage, over;
CN: Ok, that is very clear about that, only 12 mile is the territory seas. But the Economic Zone is 200 miles and is not high sea, is not high sea, is our Economic Zone and you are not allowed ... you are not allowed to sail through our sea, over;
PP: Well at present we are in a very strong wind here, the wind is gusting to 70 knots, that is 12 meters per second. I am not in a position to alter course or argue. Can you tell me your intentions, because my instructions are to carry on with a normal route in the high seas which allows me freedom of passage, freedom of passage, over;
CN: Yes, I would like you to change your intention. I would like you to change your course to go outside of our 200 mile economic zone, please;
PP: This is Pacific Pintail, at the moment the wind is gusting to maybe over 13 to 14 meters per second. We are in no position to alter course for safety reasons. Sir, I will have to revert, over;
CN: OK, I understood, (unintelligible).. time, your ship, it will be tracked for this authority for this ship and plane will like you to change your course and go outside our economic zone, please;
PP: I am sorry the wind is blowing very strong here, and I had a job hearing that, such is the noise. We are in a very, very strong wind-squall, could you repeat that last message please, over;
CN: The message is: That our plane and ship is to keep going to tracking you from this moment from this time because you don't want to change your course, over;
PP: Yes sir, that is quite acceptable, thank you, we are a safe ship and we want to carry on a free trade, which is a legal trade. We do not mind at all, we welcome you to escort us and we would like freedom of passage, over;
CN: OK, If you don't want to change your course. You are intolerant to the international community. Cause we (unintelligible) do is dissipation, over;
PP: Yes OK, I would like some information as to what you're actions might be, over;
CN: Stand-by for one minute Pacific Pintail;
PP Standing-by

--ends transcript Chilean Navy/Pacific Pintail, 19 March 1995 1830GMT--

84KB GIF or 25KB JPG. Satish Vahgal, radio operator, monitoring weather and radio transmissions. ©Greenpeace/Sims

===============
ENCLOSURE 2
===============

TELEX FROM CHILEAN AUTHORITIES TO PACIFIC PINTAIL

--start text send as info to Greenpeace/Solo--

VALPARAISO CHIH MARCH 1995
FROM THE GENERAL DIRECTOR F THE MARITIME TERRITORY AND MERCHANT MARINE TO MASTER M/V "PACIFIC PINTAIL"
INFO M/V SOLO (GREENPEACE)

TELEX : OP......074 1800 LT - 2200 UTC

TEXT:
=====

1.- WE ARE INFORMING YOU THAT THIS CHILEAN MARITIME AUTHORITY HAVE DECIDED, ACCORDING TO THE NATIONAL MARITIME LEGISLATION, TO FORBID THE "THE PACIFIC PINTAIL" CROSSING, STAYING AND TRANSIT THROUGH THE CHILEAN TERRITORIAL WATERS AND CHILEAN EXCLUSIVE ECONOMIC ZONE.

2.- CONSEQUENTLY, WE REQUEST THAT YOU CROSS THE DRAKE PASSAGE, AND NAVIGATE BEYOND THE DIEGO RAMIREZ ISLANDS, IE. BEYOND THE 200 MILES THESE ISLANDS ARE LOCATED: L:563100S G:0684300W

SINCERELY

--end text of telex send as info to Greenpeace/Solo--