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The Board of Directors of the Port Authority of Santa Cruz de Tenerife, in session held on May 29, 2015, in accordance with the provisions contained in the Recast Text of the Law of Ports of the State and of the Marina Mercante, approved by Royal Decree-Law 2/2011, of 5 September, in the light of the corresponding proposal, has agreed to approve the Pliego of the Specific Prescriptions of the harbour service of mooring and untying of ships in the ports of Santa Cruz de Tenerife, Santa Cruz de La Palma, La Estaca, San Sebastian de La Gomera and Los Cristianos its publication in the Official Gazette of the State.
What, in compliance with the expressed agreement, is made public for general knowledge.
Santa Cruz de Tenerife, 3 June 2015.-The President of the Port Authority of Santa Cruz de Tenerife, Pedro Rodríguez Zaragoza.
5 June 2015.
General Secretariat.
Mr. Director of the Port Authority.
Approval of the specification of the particular requirements of the port service for the mooring and untying of ships at the ports of Santa Cruz de Tenerife, Santa Cruz de La Palma, La Estaca, San Sebastian de La Gomera and Los Angeles. Christians
At the meeting held by the Management Board of the Port Authority of Santa Cruz de Tenerife on 29 May 2015, a proposal was examined concerning the approval of the specifications of the Port Service of Amarre and Desapure de Buques in the ports of Santa Cruz de Tenerife, Santa Cruz de La Palma, La Estaca, San Sebastian de la Gomera and Los Cristianos, reporting on their content in the following terms.
As stated in article 113.1 of the Recast Text of the Law of Ports of the State and of the Merchant Navy, approved by Royal Legislative Decree 2/2011, of 5 September, the Harbour Authorities will have to approve the Specifications for particular requirements for port services.
For this purpose, in accordance with the provisions of the aforementioned article, once the specification of the particular prescriptions of the harbour service of mooring and unmoored of ships in the ports of Santa Cruz de Tenerife, Santa Cruz de La Palma, La Estaca, S. Sebastian de La Gomera and Los Cristianos, has given a hearing to the trade union organizations and the associations of operators and other representative users whose purposes are directly related to the aforementioned service. port.
In addition, and as a preliminary procedure also required by Law, the Committee on Port Services was convened on 29 April 2014.
Finally, with the date of registration of the departure of this Agency of June 12, 2014, notified the following day, the draft of the Pliego has been forwarded together with the complete file to Ports of the State, to the object of issue of Report binding prior to its final approval.
On May 13, 2015, it has entry in the General Register of the Port Authority, under number 2,552, written from Ports of the State to which the favourable report is attached with conditions, to the Pliego of Specific Prescriptions of the port service of mooring and unmoored ships in the ports of Santa Cruz de Tenerife, Santa Cruz de La Palma, La Estaca, San Sebastian de La Gomera and Los Cristianos.
By the Port Authority the corresponding modifications are carried out according to the conditions contained in the State Ports Report.
It should be noted that the licenses existing at the time of approval of this Statement of Specific Prescriptions, must be adapted to the provisions of the same one within the maximum period of six (6) months. After such a period has elapsed without the adaptation of reasons attributable to the provider, the licences shall be without effect. However, the Prescription 15. corresponding to the tariff structure and maximum rates, the Prescription 16. relative to the rates for interventions in emergencies and the Prescription 18., corresponding to the rates and port rates, will be from the moment these Prescriptions enter into force.
Considering:
That in accordance with the provisions of Article 113 of the Recast Text of the Law of Ports of the State and of the Merchant Marine, the Harbour Authorities will approve the Pliegos of Special Prescriptions of the services port.
Council agreed:
1. Approval of the specifications of the special requirements of the port service for the mooring and unmoored of ships at the ports of Santa Cruz de Tenerife, Santa Cruz de La Palma, La Estaca, San Sebastian de La Gomera and Los Cristianos and their publication in the 'Official State Gazette' means that the said specifications shall be applied from the next day to the date of this approval.
2. The publication in the "Official Gazette of the Province of Santa Cruz de Tenerife" of the maximum rates of the port service of mooring and unmoored of ships in the ports of Santa Cruz de Tenerife, Santa Cruz de La Palma, La Estaca, San Sebastian de The Gomera and the Christians.
What is communicated to you for the corresponding effects.
| PRESIDENT | THE SECRETARY |
| Peter Rodriguez Zaragoza | Rosario Arteaga Rodriguez |
SANTA CRUZ DE TENERIFE PORT AUTHORITY
Statement of specific requirements of the port service for the mooring and untying of ships at the ports of Santa Cruz de Tenerife, Santa Cruz de La Palma, La Estaca, San Sebastian de La Gomera and Los Cristianos
According to the Recast Text of the Law of Ports of the State and the Merchant Navy, approved by the Royal Legislative Decree 2/2011, of 5 September
May 2015
Version 3. -10.05.2015
Introduction.
Section I. Basics.
Prescription 1. th Object, scope, and geographic scope.
Prescription 2. Legal Basis.
Section II. Administrative aspects.
Prescription 3. Access requirements. System of incompatibilities.
1. License types.
2. Access requirements.
3. System of incompatibilities.
Prescription 4. The licensing process and content of the licenses.
Limitation 5. Term of licenses.
Prescription 6. License Transmission.
Prescription 7. Modification of licenses.
Prescription 8. Th Extinction of licenses.
Section III. Operational aspects.
Prescription 9. th Operations required in service delivery.
Operations included in the service.
Coordination of the service.
Prescription 10. th Request, start-up, and service schedules.
Prescription 11. Quality Indicators in service delivery.
Innovation and service improvement.
Prescription 12. Penalties.
Prescription 13. th Port security and security.
Prescription 14. th Minimum human means and qualification. Minimum material means.
1. More complex operation.
2. Minimum human means.
3. Minimum material means.
4. Means necessary for the fulfilment of the public service obligation to cooperate in rescue operations, fire extinguishing, pollution control, as well as in emergency prevention and control.
Section IV. Economic aspects.
Prescription 15. th Tariff structure, top-ups and reductions, maximum rates, and upgrade criteria.
Tariff structure.
Maximum rates.
Surcharges and reductions in the tariff structure.
Maximum rate revision and update criteria.
Suspension of service by default.
Prescription 16. Percent Intervention Rates in emergency situations, salvage operations, fire extinguishing, or pollution control.
Prescription 17. Rd Compensation for Public Service Obligations to apply service integration license holders and criteria for distribution between license holders open to general use.
Prescription 18. th Port rates and fees.
Activity rate.
Ship rate.
Navigation aids rate.
Occupancy Rate.
Section V. Conditions, obligations and responsibilities of the service provider.
Prescription 19. th Financial-economic solvency conditions.
Prescription 20. th Conditions of technical-professional solvency.
Prescription 21. Environmental Protection and Sustainability Contribution Obligations.
Prescription 22. Third Port Public Service Obligations.
Universal coverage.
Public service obligations for the service to be provided in terms of regularity and continuity.
Cooperation in rescue operations, fire suppression, pollution control, as well as emergency prevention and control.
Collaboration in practical training in service delivery.
Submission to the Port Authority's tariff power.
Distribution criteria for Public Service obligations.
Prescription 23. th Liability of the service provider to its employees, users and third parties and coverage of risks. Civil Liability Insurance.
Prescription 24. Obligation To Supply Information To The Port Authority.
Semi-annual information, coinciding with the completion of each calendar semester.
Annual character information.
Information at the end of each scale.
Information at the time it occurs.
Faculty of control and inspection.
Prescription 25. Th Warranties.
Section VI. Sanctioning regime.
Prescription 26. St Violations and Sanctions.
Section VII. Others.
Prescription 27. ª Claims and Resources.
Prescription 28. No. Submitting to Spanish jurisdiction.
Prescription 29. First Start of Service Delivery.
Prescription 30. Personal Data Protection.
Final disposition.
Annex I. Definitions.
Annex II. Documentation to be submitted next to the request for a License.
Annex III. Prevention of occupational risks.
INTRODUCTION
The traffic of ships in the Ports of the Port Authority of Santa Cruz de Tenerife shows clearly the growth that has had the signs of this Authority in recent years. Although in ship numbers the sequence shows a slight decrease, in terms of the number of GT shows a clear growth, which coincides with the worldwide trend of the large ports of fewer ships but larger.
Despite the economic crisis that we have been suffering since 2008, the dependent docks of the Port Authority of Tenerife have grown in terms of the number of GT ' S by 7.84%.
By port we have the following distribution, for the year 2012:
|
| N. ships | GT |
|---|---|---|
| Santa Cruz | 6.008 | 121,420.837 |
|
Palm Cross | 1,057 | 17.471.397 |
| San Sebastian de La Gomera | 2,946 | 30.439.563 |
|
Christians | 2.339 | 24.227,801 |
|
The Staca | 384 | 3.238.123 |
Therefore, although the number of mooring and unmoored services has not grown in recent years, when these are performed on larger vessels, the operations have become more complex, and hence the need to establish in These specifications are appropriate to the current situation, as well as to the years ahead, where once the economic difficulties of the last few years have been overcome, it is expected that traffic, also in the number of ships, will increase.
This Pliego comes to regulate the access, via License, to the provision of the service of mooring and untying of ships, with a high level of quality and efficiency, enhancing the competitiveness, in the frame of the current Recast Text of the Law of Ports of the State and of the Merchant Navy, approved by Royal Legislative Decree 2/2011, of 5 September, hereinafter the TRLPEMM. Among others, it aims to facilitate access to the service to multiple providers, in the framework of private initiative, governed by the principles of free competition, with the only exceptions that the TRLPEMM considers. (art. 109.1).
As can be seen from the reading of its Prescriptions, in each of the aspects minimum requirements are regulated, with the only condition that the service provided is carried out in conditions of safety and competitive parameters of quality. All aspects have been developed by avoiding the generation of entry barriers and by enhancing the provision of a cost-efficient service as well.
The Port of Granadilla, is not covered by the current Special Prescriptions of the service as its construction has not been completed at the time of approval of this document. Once the works are completed and prior to the beginning of the operation in that port, it is previewed the modification of the present ones, including-at least initially-within the license of the Port of Santa Cruz de Tenerife, the Port of Granadilla establishing for this purpose, the minimum human and material resources as well as the maximum rates to be passed on.
Section I. Basics
Prescription 1. th Object, scope, and geographic scope.
i. Object.
The purpose of this Statement is the regulation of the granting of licences for the provision of the operation of mooring and unmoored of ships, in the ports of Santa Cruz de Tenerife, Santa Cruz de La Palma, La Estaca, San Sebastian de La Gomera and Los Cristianos, in the framework of the Recast Text of the Law of Ports of the State and the Merchant Navy, approved by Royal Legislative Decree 2/2011, of 5 September.
In line with the objective of TRLPEMM, the development of this Pliego, aims to promote a safe and quality service in a framework of free competition, facilitating access to the same to multiple providers.
ii. Scope.
The scope of the port service of ship mooring and demure, is regulated by the TRLPEMM in article 108.2.a) 3º and developed in greater detail by the 128.
This Statement is aimed at regulating the mooring and untying service of all ships operating in the ports included in the geographical scope.
However, the operations of mooring and untying of the sports boats within the administrative concessions granted to the marine sports, inland traffic boats, ships of services of the port, Maritime Salvage vessels, Civil Guard vessels and vessels from other public administrations, may be carried out by means of their own.
The operation of the mooring operation means the service intended to collect the mugs of a vessel, to carry them and to attach them to the elements arranged at the docks or docks for this purpose, following the instructions of the master of the vessel, in the mooring sector designated by the Port Authority, and in the order and with the appropriate provision to facilitate the docking operations, unmooring and undocking, as provided for in Article 128.1 of TRLPEMM. The elements arranged for the mooring service may be fixed points of mooring (norais or bollards) or moving points (mooring buoys). The automatic firing hooks existing in the Dukes of Alba are also covered in this definition.
It is understood by operation of unmoored that the object of which is to launder the charms of a ship of the elements of fixation to which it is moored according to the sequence and instructions of the captain and without affecting the conditions of Berth of the contiguous vessels, as provided for in Article 128.2 of the TRLPEMM.
iii. Geographical scope.
The geographical scope of this service is divided into 6 port areas, corresponding to the following ports or zones:
1. Santa Cruz de Tenerife, with the exception of Puerto de la Hondura, called the Santa Cruz de Tenerife Zona A, defined in Annex I.
2. Santa Cruz de Tenerife, only part of Puerto de la Hondura, named in this Pliego as Santa Cruz de Tenerife Zona B, defined in Annex I.
3. Santa Cruz de La Palma.
4. La Estaca.
5. San Sebastian de La Gomera.
6. The Christians.
The geographical scope extends to all docks or docks and in its case Dukes of Alba and buoys for ships of the 6 geographical areas defined in the ports of Santa Cruz de Tenerife, Santa Cruz de La Palma, La Estaca, San Sebastian de La Gomera and Los Cristianos, in which operations related to the service are carried out, as well as any future development that could be realized.
The Port of Granadilla is not covered by the current Special Prescriptions of the Service as its construction has not been completed at the time of approval of this document. Once the works are completed and prior to the beginning of the operation in that port, it is previewed the modification of the present ones, including-at least initially-within the license of the Port of Santa Cruz de Tenerife, the Port of Granadilla establishing for this purpose, the minimum human and material resources as well as the maximum rates to be passed on.
Prescription 2. Legal Basis.
By virtue of the provisions of Article 113.1 of TRLPEMM, it is the competence of the Port Authority, the approval of this Statement of Specific Prescriptions, after hearing of the most representative trade union organizations and representative of the corresponding service and of the associations of operators and users more representative in relation to the service of mooring, heard the Committee of Harbour Services and the binding report of the Ports of the State and the General of the Merchant Navy as far as maritime safety is concerned.
Section II. Administrative aspects
Prescription 3. Access requirements. System of incompatibilities.
1. License types. The following types of Licenses may be requested:
Licenses in general: that you can obtain any interested party that meets the conditions set out in this Statement.
Licences restricted to the geographical scope of a passenger or terminal maritime station dedicated to particular use pursuant to Article 116 of TRLPEMM: which may be obtained by holders of such stations or terminals under concession or authorisation arrangements or those concerned with a contract with such holders and who fulfil the conditions set out in this Statement.
Services integration licences: which may be obtained by dealers or holders of authorisation of a passenger terminal or goods dedicated to the particular use and which fulfil the conditions laid down in the TRLPEMM and in this Statement.
licences may be granted under general arrangements covering the geographical scope of each of the defined port areas, of several or all of them, as well as service integration licences (in accordance with Article 134 of the TRLPEMM) or restricted to the geographical scope of a maritime station or goods terminal dedicated to particular use (in accordance with Article 116 of TRLPEMM).
In particular in Santa Cruz de Tenerife Zona B, licences will always have the consideration of licences for the integration of services or of restricted licences to that geographical scope, as it is entirely covered by this area. Only a space granted in concession to the holder of an industrial plant or installation dedicated to particular use, which is connected by fixed and specific transport facilities, this is pipes, therefore Article 116 of TRLPEMM shall apply. In this case, the existence of a contract between the concession holder and the applicant for the licence shall be required where that applicant is not the holder of the concession.
2. Access requirements. Access to the condition of service provider is subject to the granting by the Port Authority of the corresponding license.
This Statement does not provide for any limitation on the number of service providers, so Licenses will not be of an exclusive nature and may be requested by any natural or legal person of nationality. Spain, the European Union or third countries, subject to the conditions laid down in Article 109.2 of TRLPEMM.
In any case, the fulfilment of the conditions of economic and financial solvency, conditions of technical and professional solvency, of the human and the minimum material and of the other conditions will be established. established in this Statement and proof that the guarantees laid down therein are made available. In addition, the service provider shall comply with the public service obligations established by Article 110 of the TRLPEMM.
You will not be able to request a license any natural or legal person, who having provided another License for this same service in this Port Authority, has been revoked, as a consequence of the non-compliance with the conditions established in the TRLPEMM and in this Statement, until the end of one year from the effective date of the extinction. This limitation shall also affect any natural or legal person linked to the first or part of the same business group.
These conditions are developed in detail, in the specific Prescripciones of this Pliego.
3. System of incompatibilities. No natural or legal person who holds a license for this service, may have effective influence in the management of the holder of another license of this same service in the same port area, within the framework of the article 121 of TRLPEMM.
It is understood that there is effective influence on the management referred to in the preceding paragraph when the aforementioned licence holder:
a) Ostente, in the same port area, a market share of more than 50 per 100 of the activity related to the provision of the mooring and unmoored port service, measured in terms of the number of units of gross tonnage (GT) or number of services performed.
b) Scope that percentage through other licenses in whose holders it has effective influence.
In the case of commercial companies, it is presumed that there is an effective influence on the management or control of a company when one of the assumptions provided for in Article 42.1 of the Commercial Code and or of the article is produced. 18 of the Royal Legislative Decree 1/2010, of 2 July, approving the recast text of the Law of Capital Societies.
If, for oversold reasons, the circumstance indicated in the preceding paragraph is produced, the holder of this license shall submit to the Port Authority a plan to dispose of his or her shares within 12 months, the incompatibility situation occurred.
The holder of a licence for the provision of a pilotage port service may not, by itself or through any natural or legal person, be involved in the capital or in the management of undertakings authorised to the provision of this mooring and unmoored service in the same port, except in the case of service integration licences.
In the 24 Prescription of this Statement, the obligations of information of the service providers are fixed, in order to preserve the fulfillment of this point.
Prescription 4. The licensing process and content of the licenses.
Generally, the licensing procedure and its content is regulated by the TRLPEMM in the articulations115, 116 and 117.
1. Grant. The process starts with the application at any time to the Harbour Authority, with indication of the type of License (general regime, of integration of services or restricted to the geographical scope of a marine station of passengers or terminal of goods dedicated to the particular use) and zone or port areas to which it is chosen, in the conditions reflected in the TRLPEMM and in particular in the requirements of this Pliego. Annex II reflects the details of the documentation to be attached to the application.
2. Content. The TRLPEMM details in Article 117.1 the minimum content to be included in the port services licences.
With regard to the service covered by this Statement, the licence shall contain information on each of the aspects listed in points (a) to (m) and in point (o) of that Article.
The development of each of the points referred to in Article 117.1 of TRLPEMM shall be in accordance with the specifications and requirements of this Statement.
Limitation 5. Term of licenses.
The license term will be 6 years.
The licenses may be renewed, upon accreditation of the licensee's compliance with the requirements of the TRLPEMM and the Specific Prescriptions of the present Pliego, and must be requested in the six months prior to the date of expiry of the time limit.
In the case of Licenses restricted to the geographical scope of a maritime passenger or terminal of goods dedicated to the particular use, the time limit for such licences may not exceed that of the contract between the provider and the holder of the concession or authorisation.
The holder of a license may waive the license before its due date provided that it communicates to the Port Authority six months in advance.
Prescription 6. License Transmission.
Article 118 of TRLPEMM regulates the transmission of the service provision licence, provided that the acquirer complies with the conditions laid down in Article 109 of TRLPEMM and the specifications of the Pliego in force in the date of transmission.
The transmission shall in any case be subject to the prior conformity of the Harbour Authority and, where appropriate, to the mandatory authorization of the competent authorities, having regard to the contracts of employment of the staff of the licence holder, the effects provided for in the labour law.
The Port Authority will be able to refuse the transfer in the event of any outstanding obligations arising from the license by the transmitent, and in any case, it is established that they will be jointly responsible for the transmission and the acquirer, on the responsibilities and obligations of the License corresponding to the date prior to the transmission.
Prescription 7. Modification of licenses.
If as a consequence of the evolution of the needs in the service delivery, derived from the evolution of the market, or for any other cause, and within the principles of objectivity and proportionality, the Authority Port modify, within the terms of the TRLPEMM the Specific Prescriptions of the service, may also modify the contents of the Licenses, after hearing of the interested parties.
The modification will set a deadline, which will be valued according to the content of the same and its difficulties of application, so that the holders of Licenses adapt to the provisions in them. Licences shall be without effect, if the time limit has elapsed, the adjustment by the holders has not taken place.
The existing licences at the time of approval of these particular Prescriptions must be adapted to the requirements of the same within the maximum period of six months. After such a period has not taken place, due to reasons attributable to the provider, the licences shall be without effect. However, the Prescription 15. corresponding to the tariff structure and maximum rates, the Prescription 16. relative to the rates for interventions in emergencies and the Prescription 18., corresponding to the rates and port rates, will be from the moment when these particular Prescriptions enter into force.
Prescription 8. Th Extinction of licenses.
Article 119 of the TRLPEMM establishes the causes of extinction, without any exclusionary character with which they may be developed by the Specific Prescriptions (art. 119.e).
Are causes of extinction:
i. The period of time provided for in the licence.
ii. The resignation of the holder, with the mandatory notice of six months, in order to maintain the regularity in the service.
iii. The lack of adaptation to the modifications of the License, as a consequence of modifications of the Specific Prescriptions.
iv. Non-compliance in two consecutive years, of the quality of service indicators set out in these Particular Prescriptions.
v. Lack of payment to the Port Authority for fees and fees due, after the three-month period from the end of the voluntary payment period, unless the debtor has submitted a payment plan and debt cancellation, which will be approved or rejected by the Port Authority within 30 days from its presentation. If the payment plan is rejected, the debtor will have another 30 days to settle the total debt, otherwise the license will be permanently extinguished.
vi. The death of the licence holder, if he is a natural person and there is no request for continuity by his successors, within 30 days, from the date of death.
vii. The liquidation or extinction of the legal person if the holder is.
viii. In the case of Licenses restricted to the geographical scope of a maritime station of passengers or terminal of goods dedicated to the particular use, by the cancellation of the contract between the holder of the concession and the provider.
ix. Failure to comply with any of the requirements and obligations imposed by the TRLPEMM and the requirements of this Statement, or the distortion of information with any object.
With the exception of the causes i), vi) and vii) in which the extinction occurs automatically, in the rest of the causes, corresponds to the Board of Directors of the Harbour Authority, to agree the extinction of the License prior to the hearing of the person concerned, which is given a period of 15 days in order to make the arguments and grounds that he considers relevant in defence of his rights.
Section III. Operational aspects
Prescription 9. th Operations required in service delivery.
The holder of the license shall provide the service as provided for in the TRLPEMM, under the conditions set out in the present Specific Prescriptions and in the license granted by the Port Authority, according to the principles of objectivity and non-discrimination.
For the conduct of ship mooring and demure operations it will be essential to hold a license for this service in any of the valid modalities for the same.
The mooring and unmooring services will be provided at the request of the user, in accordance with what is established in the Operating and Police Regulations and in the port ordinances. However, in accordance with Article 112 of the TRLPEMM, the Port Authority may impose the use of the mooring and unmoored service in cases where its use is not compulsory, where due to circumstances Consider that the operation, operation, or security of the port is at risk. The Maritime Captaincy may establish the obligation of the service for safety reasons.
Operations included in the service. The mooring and untying service comprises the following operations:
Amarre.
Desmooring.
Amended or Spied.
Backing up.
First out of water.
Coordination of the service. During the conduct of the manoeuvres, the instructions from the ship shall be followed. These instructions shall be issued by radio between the mooring and the vessel in the vicinity of the place where the latter is to be moored.
In the case of the Port of Santa Cruz de Tenerife, the provider must remain in contact, with the Service Coordination Center, where appropriate, communicating the programming of the services and warning of the moments of beginning and the completion of each service, as well as any incidents that arise and follow the instructions from such a service or service. To do so, it shall provide and use the established means of communication and shall follow the operational procedures established by the Port Authority.
In the ports of Los Cristianos, La Gomera, Santa Cruz de La Palma and La Estaca this coordination will be carried out through the Port Police or the Maritime Traffic Control Center if there were.
The mooring and unmoored service will have a communications system, as set out in the Obtained Compliance rules approved by the Port Authority (or in default to the procedure that may authorize the Port Authority), which ensures the regular operation of the service during the 24 hours of the day and its coordination with the Center for the Coordination of Services in the Port of Santa Cruz de Tenerife and with the Port Police or with the Center of Control of Maritime Traffic if there were in the ports of Los Cristianos, La Gomera, Santa Cruz de La Palma and La Estaca.
Navigations by inland port waters of vessels intended for this service shall not exceed the maximum speed set in the Obtained Compliance rules approved by the Board of Directors of the Harbour Authority above indicated. In any case, except in cases of force majeure, they must be carried out at a speed which does not favour the generation of waves which disturb the normal mooring and operation of vessels docked at adjacent docks or anchorages in the proximities.
It is expressly prohibited, except in circumstances of force majeure, the reinforcement or lightening of the number of cabos in a direct manner by the user or any other entity that does not have the corresponding license for the service delivery.
Prescription 10. th Request, start-up, and service schedules.
The licence holder shall provide the service upon request of the vessel or its representatives.
In the Port of Santa Cruz de Tenerife, regardless of the area, the request will be made by radio to the Service Coordination Center. In the ports of Los Cristianos, La Gomera, Santa Cruz de la Palma and La Estaca, this request will be made through the Port Police or the Maritime Traffic Control Center if there were, as well as by radio.
The notification should include information, about:
Name and operating company of the ship.
Consignee.
Type of operation required.
Licensee to provide the service.
The expected start date and time.
Any other information that can facilitate service delivery.
The mooring and untying service shall be provided on a regular and continuous basis, and shall be operational 24 hours a day during all the days of the year, with the exception of force majeure or unforeseen, in which case the provider the service shall be obliged, without any right to compensation, to take the measures required of a diligent employer to deal with the adverse circumstances and to ensure the immediate resumption of the service. This is without prejudice to the instructions that the Port Authority could impart for safety reasons of the port and emergency control as well as the Maritime Captaincy for reasons of maritime safety and, where appropriate, the control of emergencies.
To these effects is understood by force greater all unforeseeable and exceptional event, independent of the will of the service provider and the Harbour Authority, that it is not imputable to a fault or negligence of the provider, and that it could not have been avoided by applying as much diligence as possible, and which prevents the provision of the service.
The service delivery will be performed with due diligence avoiding delays in the start of the service, and must respond to any request for service with the maximum response time of 30 minutes in the case of the Port of Santa Cruz de Tenerife, 15 minutes in the cases of Santa Cruz de La Palma, La Estaca and San Sebastian de La Gomera and 10 minutes in the case of Los Cristianos. To these effects it is considered a response time to the elapsed since the service request is made by the Service Coordination Center, the Port Police or the Maritime Traffic Control Center, as appropriate, to the provider until the provider has all the necessary means, human and material, in the required place and are in a position to start the service, excluding any delays due to causes of force majeure, or circumstances which could not have been avoided even if all reasonable measures had been taken, or Due to the fact that all the media are occupied in another mooring service, all of them duly justified to the judgment of the Harbour Authority. Where the provider is not using all means attached to the service in the performance of a maneuver by using means available to perform other operations, the provider shall meet the maximum response time.
When the service has been requested for more than 30 minutes in the case of the Puerto de Santa Cruz de Tenerife, 15 minutes in the cases of Santa Cruz de La Palma, La Estaca and San Sebastián de La Gomera and 10 In the case of Christians, the start of the same should necessarily take place at the requested time, considering any delay by the provider of any imputtuality.
The service shall be provided under the direction of the master of the vessel, who shall coordinate the manoeuvre as soon as radio contact is established between the mooring and the vessel in the vicinity of the place where the vessel is to be Mooring. Both the mooring and the craft shall, where appropriate, endeavour to be at the height of the berth allocated prior to the arrival of the vessel to that berth or before the departure time.
The Port Authority will be able to establish the order of precedence of the maneuvers, taking into account the priorities that the Maritime Authority will have, if necessary, for security purposes, as well as for the needs of the exploitation of the Port.
The service must be provided, provided that the vessels have been authorized by the Port Authority to attract or undock.
Prescription 11. Quality Indicators in service delivery.
Quality indicators will be computed in half-yearly periods, excluding for valuation purposes all non-compliance situations that are not attributable to the provider, who must provide sufficient data to be exempted of responsibility. The indicators are set as follows:
Number of operations that have been initiated with a delay of more than 10 minutes in the case of Santa Cruz de Tenerife, Santa Cruz de La Palma, San Sebastián de La Gomera, and La Estaca and 5 minutes in the case of Los Cristianos, on the the time when the provision of the service should be initiated as set out in Prescription 10. The percentage of maximum allowable delays shall be 1% of the operations, for each of the semesters of the year.
Number of services with accident. To this effect, any event or sudden event or event that occurs due to the cause or occasion of the activity of the provider causing damage to persons, equipment, materials, other vessels, or port infrastructures is understood by accident. The indicator shall be the ratio of the number of services to accidents to the number of total services. The allowable percentage shall be less than 0,2% in each of the semesters of the year.
Number of complaints and complaints received. The indicator will be the ratio of the number of services to complaints or complaints to the number of total services. The allowable percentage shall be less than 0,5% in each of the semesters of the year.
In any case, the service provider will maintain the quality standards established by the Port Authority in these Specific Prescriptions, and will respect them, as a minimum, during the development of the activities included in the provision of the service.
The number of operations that have been initiated with a delay of more than 10 minutes due to the fact that all the minimum means are at the same time as other port service operations of mooring and unmooring will be evaluated. This indicator will allow to determine when there are situations of insufficiency of private initiative, in which case, the Harbour Authority may propose to the existing providers to increase their means and in case negative, to assume the benefit of the service, without the existing licenses being extant, to guarantee universal coverage and the continuity and regularity of the service in the required quality conditions. The percentage of maximum allowable delays shall be 3% for each of the semesters of the year.
Innovation and service improvement. The service provider will acquire the commitment to participate in any initiative that the Harbour Authority promotes for the improvement of the quality of the services and will have the obligation to collaborate with the Harbour Authority in the study of improvements in service delivery and future action planning.
In addition, it may, on its own initiative, propose changes that may in no way imply deterioration or loss of quality in the provision of the service. Any modification to the operating procedure shall be duly justified and shall require prior approval by the Port Authority, and subject to experimentation on its putting into use.
In any case, the standards of quality, productivity and performance established in these Specific Prescriptions will be respected by the holder of the license with the character of minimums, during the development of the activities included in the provision of the service.
Prescription 12. Penalties.
In order to ensure compliance with this Statement, the following penalties are established for non-compliance with the standards of specific quality standards in the service delivery (quality indicators), where appropriate, the opening of the relevant sanctioning file shall be made.
For non-compliance with the "Delay in start of operations" indicator, the following penalties are set:
If the indicator is greater than 1% and less than 3%, 500 euros for each semester of default.
If the indicator is greater than 3% and less than 7%, EUR 1,000 for each semester of non-compliance.
If the indicator is greater than 7%, 2,000 euros for each semester of default.
For non-compliance with the indicator "Number of services with accident" a penalty of 5,000 euros per semester is established.
For non-compliance with the "Number of complaints and complaints received" indicator, a penalty of 500 euros per semester is established.
By waiving the license or abandonment of the service in breach of the period of notice established or extinguishing the license for any of the causes indicated in Prescription 8., except for i, ii, vi, vii and viii, a penalty for the total guarantee deposited as collateral. The waiver of the License in the case of Licenses restricted to the geographical scope of a maritime station of passengers or terminal of merchandise dedicated to the particular use shall not be subject to penalty, when the waiver is as a consequence of the cancellation of the contract between the concession holder and the provider.
The amounts of the penalties will be updated by the Port Authority every January 1, based on the CPI for the national set published in the month of October.
Previous penalties shall apply only where the non-compliances are attributable to the service provider, after hearing the service provider and by means of a reasoned decision, and shall entitle the Authority to the Port to the seizure of the corresponding amount of the guarantee, which must be replenalised by the provider.
The penalties referred to do not exclude the indemnities to which the Port Authority, the users or third parties may be entitled, for the damages caused by the service provider, nor the revocation of the License in accordance with the requirements of this Statement.
Prescription 13. th Port security and security.
The lending companies will have to integrate into the action plans in emergency situations approved by the Port Authority with all their means, both human and material, to the effect of making them available to the The director of the plan in case of emergency, and according to the orders and priorities emanated from it. In order to facilitate the elaboration of such plans to the Port Authority, the providers will communicate the inventory of means, their location, their permanence, schedules, contacts and any other information that the Port Authority determine.
In compliance with the provisions of article 20 of the Law 31/1995, of the Prevention of Occupational Risks, before the beginning of the activity, it must present to the Port Authority its corresponding Plan of Self-Protection, in accordance with the provisions of Royal Decree 393/2007 of 23 March 2007 approving the basic rule of self-protection of centres, establishments and premises engaged in activities which may give rise to emergency situations.
Prescription 14. th Minimum human means and qualification. Minimum material means.
License holders must have the human and material resources necessary for the provision of the service under the conditions required for safety, quality, continuity and regularity, in accordance with the characteristics of the the demand.
1. More complex operation. In compliance with the provisions of Article 113.4.g) of TRLPEMM, the minimum human and material resources required to be the holder of a licence indicated below are those considered as strictly necessary to carry out the unit operations normally expected in the port, both the simplest and the most complex, in conditions of safety, quality, continuity and regularity, being attached to the geographical scope of the service defined in the Prescription 1. 3rd, and collected in the License.
2. Minimum human means. The minimum human means required to hold a license are established in:
Puerto de Santa Cruz de Tenerife Zona A: five (5) moorings 24 hours a day 365 days a year, per shift, and must be, at least one of the moorings included in each shift pattern for boats (faluas) Mooring. For reasons of exploitation the Harbour Authority may establish the presence of a smaller number of berths in specific shifts. The number may never be less than two. In such shifts with reduced staff there will be a number of berths to complete the five established.
Puerto de Santa Cruz de Tenerife Zona B: The human resources must be only adequate to deal with the volume and characteristics of the traffics that can operate under the conditions of safety and quality required, as well as continuity and regularity which require their own traffics. In the case of licences restricted to the geographical scope according to Article 116 of TRLPEMM, the contract between the borrower and the concessionaire shall contain in a clear manner the detail of the human resources to be used for the provision of the service. which will never be less than two moorings on schedules with scheduled vessels less than 100 m in length, and five berths, of which at least one will be Patron, at times with scheduled vessels of more than 100 m in length.
In the ports of Santa Cruz de La Palma, Los Cristianos, San Sebastián de La Gomera and La Estaca, providers must have the capacity to handle maneuvers with four (4) moorings in each of the ports. However, the presence of the 4 moorings will not be necessary on a permanent basis in the ports, except where this is required by security in the operations. The minimum number of berths with a permanent presence during the schedules adjusted to the requirements of the scheduled vessels of the ports shall be two (2) berths at each of the ports indicated in this paragraph. If the four (4) moorings in the port are not present and if they are required to be operational, the response time will be 30 minutes from the notice until they are operational in the position for which they have been required.
For service integration licenses and for restricted to the geographical scope of a maritime station or terminal of goods dedicated to particular use, the minimum means shall be only adequate to attend to the the volume and characteristics of the traffic of the marine station or terminal in the conditions of safety and quality demanded, as well as of continuity and regularity that demand such traffics. Such means shall be specified in the licence and, in the contract between the licensee and the licensee, where appropriate.
The provider shall adjust the human means to the extent necessary for the dimension of each particular operation, in order to maintain the level of quality required in this Statement.
The number of workers needed to maintain these shifts will have to be taken into account by the lending companies, adjusting that amount each time it is necessary to comply, as far as the working hours are concerned. work, the current labor regulations, the collective agreement and the additional thirty-second provision of the Recast Text of the Law of State Ports and the Merchant Navy.
The service provider must provide sufficient documentation to ensure the availability of the minimum set of human equipment. It may also hire suitably qualified staff, for as long as necessary, to deal with temporary situations of increased activity. In the event that the modification of the activity has a stable character, the Harbour Authority will be able to adapt the minimum means required by the modification of the Specific Prescriptions, leaving the holder of the license obliged to vary the staff template in the appropriate proportion to accommodate such modification.
Professional qualification required for mooring. The following professional qualifications or experience must be available to the staff of the port service providers of the mooring and unmoored port service who perform the service's own operations, without distinction:
Possess the professional qualification of " Amarre de port and monoboyas. Level 1. Annex CDIV, as set out in Royal Decree 1179/2008 of 11 July 2008 supplementing the National Catalogue of Professional Qualifications; or
To have provided the mooring and unmoored service in a ship mooring or demure undertaking for a minimum period of 6 months.
As soon as the training programmes, training centres and qualifications corresponding to the vocational qualification indicated above are laid down, it will be regarded as an equivalent professional qualification. be in possession of the "Certificate of Basic Training", which is regulated in Order FOM/2296/2002 of 4 September 2002, which regulates the programmes for the training of professional titles of Bridge and Machine Sailors of the Merchant Navy, and Port Patron, as well as the certificates of specialty of the professional competence, or of the bridge seaman certificate, port pattern or higher.
The staff will be unequivocally identified by their clothing, according to the company's proposal. The mooring shall be provided with at least:
a) life jacket.
b) cutting utensil.
c) safety shoes and protective gloves.
d) safety helmet.
e) vivid and reflective colored clothing.
f) lantern in night operations.
g) portable radio equipment (VHF).
Staff carrying out work on board the mooring and unmoored vessels must also have the qualifications required in the Certificate of Minimum Safety Crew issued by the Maritime Administration for each vessel.
It will also be in accordance with the regulations in force regarding the use of the security material by the crew of all the vessels.
At the front of the staff, and for all relations with the Port Authority, a technician specialized in the activities of the service must be found.
The staff must be aware of the means available to the company, its location and the use of the means to save, fire extinguishing, and the prevention and control of emergencies as well as safety. of the port. It shall also be trained in its use.
In any case, the service company will comply with the provisions of the Law on the Prevention of Occupational Risks (Law 31/1995 of 8 November) and the supplementary legislation, and must be approved if appropriate, its Plan of Risk prevention prior to the start of service delivery. It shall subsequently communicate the variations, alterations, extensions or modifications to that Plan.
The service provider may subcontract staff through third parties, although all personnel in direct operational functions must have received accurate training adjusted to the functions to be performed,
As a guarantee of the adequacy of the human and material resources and their operability, the operator must attach a plan of organization of the services in which the procedures involved are detailed, the allocation of resources human, work shifts and emergency response plan.
The service provider shall expressly undertake to adopt the established procedures and measures and to comply with the covenants and standards which, in relation to the safety and health of workers, are implemented within the area. port.
All staff will be linked to the company, through the various contractual arrangements in force, without any employment relationship with the Port Authority.
3. Minimum material means. The minimum material means required to hold a licence are as follows:
In the Puerto de Santa Cruz de Tenerife Zona A:
1. In order to ensure the transport of personnel and the necessary support, the service must be provided with an all-terrain vehicle, which must be equipped with a coupling ball which allows the trailer to be used, as well as signalling to identify vehicles such as the mooring service.
To obtain a license, documentation must be presented with the characteristics of the vehicles proposed for the service. They must meet the following minimum requirements:
all-terrain type vehicle,
traction 4 × 4,
minimum power of 130 hp,
have hitch ball for trailer.
These auxiliary ground vehicles will be provided with life-saving rings with their corresponding rabids, arranged at all times for "man-to-water" case.
2. The service provider shall have at least one (1) vessel for the mooring tasks referred to as "first place to water", as well as for the mooring operations in the field of buoys, trousers or for any operation requiring the service. The vessels may be owned or rented to a third party, in which case their operation must be under the direct control of the holding company and must be exclusively dedicated to the provision of the service. Vessels shall comply with the following requirements:
a) Dispose of good visibility and adequate work platform.
b) Minimum power of 100 hp and good governance for optimal maneuverability.
(c) Within 3 years of the approval of this Pliego, the vessels must have the propeller and rudder protected to avoid contact with the mooring cabs.
d) The material for handling the mooring ends must be suitable and with the necessary resistance. Have at least:
i. Tow hook.
ii. System for the attachment of cabs on board.
iii. Elements for the traction and towing of the cabs.
e) They must be equipped with the appropriate defenses.
f) The vessel must have the fire-fitting hull and the entire board must be of the approved type for docking operations of tank vessels, including escapes, to avoid ignition sources.
g) Sufficient equipment of sirgas and bicheros to facilitate the handling of stachas.
h) Being equipped with equipment of the Automatic Identification System (AIS or SIA) of Class A, in order to facilitate to the Harbour Authority the tasks of monitoring and control of the harbour traffic, of the port operations and of service delivery.
i) Having the ability to perform wire operations.
Requirements (f) and (i) of the previous relationship shall not be required for vessels that licensees voluntarily decide to subscribe to the service with additional character to that required as a minimum means in this Prescription.
After the end of the license, the Port Authority will not take charge of the material means available to the service provider. The investment made in such means during the lifetime of the license, and which is pending to be amortized to its term, will not generate any right to compensation.
The vessels assigned to the service must be properly dispatched by the Maritime Captaincy and be in possession of all the necessary certificates in accordance with the current legislation, which may be requested by the Port Authority at all times. They must also have the necessary insurance in accordance with the Spanish rules of navigation and with the agreements signed by Spain. The seat sheets of the vessels, or equivalent documentation issued by the flag State, shall be accredited.
The age of the vessels attached to the service may not exceed 15 years for the entire duration of the license, and must be replaced when they reach that age, except that, substantial in the same way as to ensure that they can provide the service in the required conditions of safety, efficiency and quality. In any case it will be necessary to express the express approval of the Harbour Authority in order to extend the useful life for the term that it considers convenient according to the above.
In the event that any company providing the service is a license holder for Zones A and B, the service provider may be assigned a means of Zone A to Zone B and vice versa, as long as the service provider is not impaired. quality of service and always prior authorization by the Port Authority.
In the Puerto de Santa Cruz de Tenerife Zona B:
The material means must be only suitable for dealing with the volume and characteristics of the traffics which may operate under the required safety and quality conditions, as well as continuity and regularity. demand their own traffics. In the case of licences restricted to the geographical area in accordance with Article 116 of TRLPEMM, the contract between the borrower and the concessionaire must contain in a clear manner the details of the material resources to be used for the provision of the service. These means must include at least the following:
1. In order to ensure the transport of personnel and the necessary support, the service must be provided with an all-terrain vehicle, with a coupling ball allowing the trailer to be provided, as well as signalling to identify the vehicle. vehicle as of the mooring service.
To obtain a license, documentation must be presented with the characteristics of the vehicle to be proposed for the provision of the Service. They must meet the following minimum requirements:
all-terrain type vehicle,
traction 4 × 4,
minimum power of 130 hp,
have hitch ball for trailer.
These auxiliary ground vehicles will be provided with life-saving rings with their corresponding rabids, arranged at all times for "man-to-water" case.
2. The service provider must have one (1) boat for the mooring tasks with the so-called "first place to water", as well as mooring in field of buoys, trousers or for any operation that requires the service. The vessel, which may be owned or rented to a third party, shall comply with the following requirements:
a) Dispose of good visibility and adequate work platform.
b) Minimum power of 100 hp and good governance for optimal maneuverability.
c) New-build vessels must have the propeller and rudder protected to avoid contact with the mooring cabs. Existing vessels must be adapted within 3 years from the approval of this Statement.
d) The material for handling the mooring ends must be suitable and with the necessary resistance. Have at least:
i. Tow hook.
ii. System for the attachment of cabs on board.
iii. Elements for the traction and towing of the cabs.
e) They must be equipped with the appropriate defenses.
f) The vessel must have the fire-fitting hull and the entire board must be of the approved type for docking operations of tank vessels, including escapes, to avoid ignition sources.
g) Sufficient equipment of sirgas and bicheros to facilitate the handling of stachas.
h) Being equipped with equipment of the Automatic Identification System (AIS or SIA) of Class A, in order to facilitate to the Harbour Authority the tasks of monitoring and control of the harbour traffic, of the port operations and of service delivery.
i) Having the ability to perform wire operations.
Requirements (f) and (i) of the previous relationship shall not be required for vessels that licensees voluntarily decide to subscribe to the service with additional character to that required as a minimum means in this Prescription.
After the end of the license, the Port Authority will not take charge of the material means available to the service provider. The investment made in such means during the lifetime of the license, and which is pending to be amortized to its term, will not generate any right to compensation.
The vessels assigned to the service must be properly dispatched by the Maritime Captaincy and be in possession of all the necessary certificates in accordance with the current legislation, which may be requested by the Port Authority at all times. They must also have the necessary insurance in accordance with the Spanish rules of navigation and with the agreements signed by Spain. The seat sheets of the vessels, or equivalent documentation issued by the flag State, shall be accredited.
The age of the vessels attached to the service may not exceed 15 years for the entire duration of the license, and must be replaced at the time they reach that age, except that, with the express approval the Port Authority, substantial modernizations are carried out in the same ones that guarantee that they can provide the service in the conditions demanded of safety, efficiency and quality. In any case it will be necessary to express the express approval of the Harbour Authority in order to extend the useful life for the term that it considers convenient according to the above.
At the Puerto de Santa Cruz de La Palma:
1. A vehicle, type all terrain, must have a coupling ball which allows the trailer, as well as signalling to identify the vehicle as the mooring service.
Documentation with the characteristics of the proposed vehicle for the provision of the Service must be submitted for obtaining a license. You must meet the following minimum requirements:
all-terrain type vehicle,
traction 4 × 4,
at least 130 hp,
have hitch ball for trailer.
This auxiliary ground vehicle shall be provided with a life-saving ring with its corresponding tantrum, arranged at all times for a "man-to-water" case.
2. No maritime media are required.
At the San Sebastian Ports of La Gomera, Los Cristianos and La Estaca.
1. No terrestrial or maritime media are required.
General requirements for all material means. If the material means attached to the port service are not the property of the undertaking holding the licence, the latter shall, in addition to the requirements set out above, submit the relevant lease contracts for a period of time. equal to or greater than the requested license.
The change in the assignment of vessels to the service must be previously approved by the Port Authority.
All the teams will have the certifications prescribed by the legislation in force, with the appropriate maintenance plan that accredits their permanence in perfect conditions for the delivery of the service, and in conditions of inspection at any time by the Port Authority.
Service integration licence holders, as well as holders of licences for the provision at sea or terminal of goods dedicated for particular use in accordance with Article 116, shall have access to the human and material resources sufficient to allow the development of the usual operations in the terminal or marine station, both the simplest and the most complex, in the same conditions of safety and quality that are demanded for the rest of the providers. Such means shall be determined at the time of granting of the licence according to the characteristics of the traffic to be addressed in each case.
The vessels destined for the service will necessarily have their base in the port where they provide service and their berth must be approved by the Port Authority as well as any changes in this respect. These means may not leave the service area of the port, nor provide services other than those established in these Specific Prescriptions, except prior authorization of the Harbour Authority and prior report of the Maritime Capitania in the which affects maritime safety, with the exception of force majeure or unforeseen, duly justified in the case of the Port Authority.
In each particular operation, the provider may adjust the material means, as far as is necessary to the size of the material, in order to maintain the level of quality required in this Statement.
If a change in traffic or a change in the form of delivery is produced, the Port Authority may communicate it to the lending companies so that they have the possibility to put additional means to those required in the licenses to ensure that all services are properly served.
When the variation of traffic or changes in the service delivery are substantial, the Port Authority may adapt the minimum means required by the modification of these particular Prescriptions, leave holders required to vary the means attached to the service in order to adapt to such modification, as set out in the TRLPEMM and in Prescription
.The holder shall maintain in good use and perfect state of conservation the material means proposed and approved by the Port Authority for the provision of the service.
4. Means necessary for the fulfilment of the public service obligation to cooperate in rescue operations, fire extinguishing, pollution control, as well as in emergency prevention and control:
The human and material resources required of the provider to cooperate in the rescue, fire-fighting, pollution control as well as in prevention and control of emergencies will be in addition to the media. materials and humans attached to the mooring service:
An absorbent barrier for the fight against accidental marine pollution worth 10,000 euros, in the case of the providers of zone A and B of the Port of Santa Cruz de Tenerife, and of 3,000 euros for the rest of Ports.
The media must be kept operational by the provider throughout the life of the license so that these means must be returned by the provider if they are employed during the activation of the Maritime Interior Plan. must be operational at all times.
Interventions performed as a result of these obligations will bear the fees set forth in Prescription
.With regard to the Media of the fight against the pollution attached to the Maritime Interior Plan (PIM) of the Harbour Authority, the service provider will have an obligation to use the elements that the Harbour Authority gives to their use in episodes of contamination, for which they must give the appropriate training to their staff, as set out later in this paragraph, and in the Prescription 20. The service provider must assume the costs of the training that are accurate to acquire the optimal level that the Port Authority determines . In the case that the means are of the Port Authority, it will be the one that of the formation, accepting the provider the formation that they are given and assuming the costs that such formation will entail.
Service providers, while the emergency lasts, shall be obliged to take charge of the anti-pollution and fire-fighting elements supplied to it by the Port Authority or by those who have them and their use, as part of the intervention group, following instructions from the Emergency Management.
In order to ensure professional solvency in particular as regards the fight against marine pollution, 50% of the workforce will have to be provided throughout the first year of the licence of the qualification which enables them to (a) staff at the basic operational level in the field of combating accidental marine pollution (as set out in the regulations Order FOM 555/2005 of 2 March 2005, establishing training courses in the field of prevention and control of marine pollution). pollution in the operations of loading, unloading and handling of hydrocarbons in the field maritime and port), reaching 100% during the second year of validity of the license. In order to ensure the commitment to training in the fight against accidental marine pollution, the applicant shall submit, together with the licence application, a declaration responsible for the performance of the training indicated in the This section.
Section IV. Economic aspects
Prescription 15. th Tariff structure, top-ups and reductions, maximum rates, and upgrade criteria.
The mooring and untying fees will include the cost of the mooring staff, the cost of the vessels and other means used by them, as well as any other expenditure or costs necessary for the provision of the service.
Tariff structure. The rates will be based on the system of measurement of the ship used in the International Conventions of Arqueo, currently "GT", with the legally established corrections. Vessel tonnage shall be measured in accordance with the London Convention of 1969.
The structure of the rates will be based on the following tonnage sections:
|
0 to 1,000 |
| 1,001 to 2,000 |
|
2,001 to 5,000 |
|
5,001 to 10,000 |
|
10.001 to 15,000 |
|
15.001 to 25,000 |
|
|
| 35,001 to 50,000 |
|
50,001 to 75,000 |
|
|
|
From 100,001 to 130,000 |
|
than 130,000 |
Rates applicable to mooring and unbound services comprise the following operations, as described in Prescription 9. ª:
Amarre.
Desmooring.
Amended or Spied.
Backing up.
These are called simple operations.
Clarifications to the structure of the rates raised:
No surcharges can occur per number of cabs.
A single rate settlement will be performed per operation.
First out of water: No additional charges or extra charges will be charged for the use of the watercraft in the water operation.
A surcharge will be applied on the rate established, in the event of a lack of punctuality for causes attributable to the vessel, for each 20-minute delay in the start of the operation. The surcharge shall be 10% for each tranche, up to a maximum of 50% of the fee.
A reduction in prices will be applied, in the event of a lack of punctuality by the provider, for each 20-minute delay in the start of the operation. The reduction shall be 10% for each 20-minute tranche, up to a maximum of 50% of the tariff.
This tariff structure will be mandatory for all providers whether or not there is competition.
Maximum rates. The maximum rates for the mooring and demure service, applicable when the number of providers has been limited by the Port Authority or insufficient to ensure competition, shall be as set out below.
For each zone in which the present Pliego is applied, the following maximum rates per simple operation are set.
Puerto de Santa Cruz de Tenerife Zona A.
Maximum rates for mooring and untie service:
| Tarifa - Euros | |
|---|---|
| 0 to 1,000 | 45.64 |
|
1.001 to 2,000 | 62.76 |
|
2,001 to 5,000 | 79.87 |
|
5,001 to 10,000 | 119.81 |
|
10.001 to 15,000 |
15,001 to 25,000 |
|
262.43 | |
|
25,001 to 35,000 | 359.42 |
|
35,001 to 50,000 | 427.88 |
| 616.14 | |
|
75.001 to 100,000 | 855.75 |
|
100,001 to 130,000 | 1.101.07 |
|
| 1.135.30 |
Puerto de Los Cristianos and San Sebastián de La Gomera.
Maximum rates for mooring and untie service:
| Tarifa - Euros | |
|---|---|
| 0 to 1,000 | 27.28 |
|
1.001 to 5,000 | 33.84 |
|
5,001 to 10,000 | 46.96 |
|
10.001 to 25,000 | 73.20 |
|
25,001 to 35,000 | 106.00 |
| 35.001 to 50,000 | 155.20 |
|
50,001 to 75,000 | 240.80 |
|
75.001 to 100,000 | 322.80 |
| Greater than 100,000 | 454.00 |
Puerto de Santa Cruz de La Palma and La Estaca.
Maximum rates for mooring and untie service:
| Tarifa - Euros | |
|---|---|
| From 0 to 1,000 | 34.10 |
|
1.001 to 5,000 | 42.30 |
|
5,001 to 10,000 | 58.70 |
|
10.001 to 25,000 | 91.50 |
|
25,001 to 35,000 | 132.50 |
| 35.001 to 50,000 | 194.00 |
|
50,001 to 75,000 | 301.00 |
|
75.001 to 100,000 | 403.50 |
| 100,000 | 567.50 |
In the event that the number of providers is limited, a contest will be called for the award of the licenses and the rates to be applied will be those offered by the successful tenderer in each case, which will always be inferior to the maxims set out in these Specific Prescriptions.
On all ports:
According to the provisions of Article 116 of TRLPEMM, the maximum rates set out in this Pliego to the service integration licenses and the licenses restricted to the geographical scope of the TRLPEMM will not apply. marine stations or freight terminals engaged in particular use with dock occupancy.
The application of these maximum rates must be approved by the Port Authority when the number of service providers is limited or insufficient to ensure competition.
Top-rate recharges and reductions.
An additional 50% surcharge will be made on the fare established when the ship's mooring or unmoored is performed at the Dukes de Alba del Muelle Bufadero in the port of Santa Cruz de Tenerife.
A 100% surcharge shall be produced if the cabs to be moored have a metallic composition in all or part of their longitudinal or section composition, including the use of calablets, by means of which the steel wires with a piece of the end that goes to the dock.
The rate to be applied by the Cabin Reinforce will be 50% of the rate of the mooring or untie operation and independent of the number of cabs.
In the case of amended or spied, where they do not exceed the length of the vessel, the rate to be applied shall be 50% of the rate corresponding to the mooring and demure rate, and 100% of the mooring and unmoored rate if the amended one exceeds the length of the vessel. These operations will never be performed by the crews and will always require the service of the service companies.
No other rate of increase will be applicable to the rates, these being applicable regardless of the day and time the service is delivered.
Reductions:
A reduction in prices will be applied, in the event of a lack of punctuality by the provider, for each 20-minute delay in the start of the operation. The reduction shall be 10% for each 20-minute tranche, up to a maximum of 50% of the tariff.
Maximum rate revision and update criteria.
a) Update. The Port Authority will update the maximum rates annually, modifying them, with a date of 1 January, if appropriate, using the following formula:
% update = 0.75 x VCMO x Weight MO. -K x VCR
where:
VCMO = The labor review coefficient, expressed as a percent of the labor factor with respect to the total cost.
Database: Select from the INE web page the "Labor cost per worker per division of CNAE-09", and within it, the variation of the labor cost in its section "Storage and activities annexed to the transport".
Way of calculation: Arithmetic mean of the last 4 quarters from the average of the quarters 5 to 8 above.
Link: http://www.ine.es/jaxiT3/Tabla.htm?t=6033
MO Weight:% of the Labor cost in relation to total costs, which is set to 80%.
K: 0.5
VCR: Percentage change of the overall volume of average services in terms of the number of gross (GT) units, excluding those that would have taken place under Licenses restricted to the geographical scope of a station maritime passenger or terminal of goods dedicated to particular use, or in the integration of services, in the two years considered.
In each port area you will perform an independent assessment of the maximum rate update according to your parameters.
In the event that the update of the resulting maximum rates is greater than 10%, this update will not be applied but the Port Authority will modify the maximum rates by carrying out a new economic study (a) financial, in which changes in the cost of the service are taken into account, as well as the changes in the volume of the services provided and the amount of the turnover of the services. This update shall be of an 'extraordinary review' and shall be carried out in accordance with the following paragraph.
b) Extraordinary review of maximum rates. The extraordinary review of the tariff structure or the maximum rates may be carried out only by way of exception, in the case referred to in the last subparagraph of the previous paragraph or where there are oversold circumstances, unforeseeable at the time when the application was lodged, which would reasonably assume that in the event of being known to the service provider when the licence was granted, he would have chosen to withdraw the licence. As this is an amendment to the conditions set out in these Specific Prescriptions, this will be done with the same formalities as those followed for approval.
Suspension of service by default. The service provider may temporarily suspend the provision of the service to a user when at least one month has elapsed since the payment of the fees had been required for him, without the payment of the fees being paid or has been sufficiently guaranteed. For these purposes, the requirement shall be made by any means which permits the user to have a record of the reception, as well as the date, identity and content of the request. Once the payment of the due by the suspended user of the service has been made, the provision of the requested services will be resumed.
The suspension of the default service can only be exercised after authorization from the Port Authority and provided that no maritime safety reasons are prevented.
The possibility of suspension must be the object of advertising, so that the user has been properly informed.
The suspension of the service shall be lifted when for reasons of maritime safety it is required by the Port Authority or the Maritime Captaincy.
Prescription 16. Percent Intervention Rates in emergency situations, salvage operations, fire extinguishing, or pollution control.
Direct interventions in response to requests from the competent authority in emergency situations, rescue operations, fire extinguishing or pollution control (not including in this case). Participation in drills or exercises, which shall be understood as part of the training of personnel assigned to the service) resulting in identifiable specific costs, shall give rise to the accrual of the specific tariffs established for these purposes.
The fees that providers may receive when they are involved in emergency services, fire extinguishing, rescue or pollution control shall be as follows:
Unit price of mooring staff made available (24.00 Euro/horse/person).
Unit price of factory staff made available (27.95 euros/person).
Halua service as maritime support for maritime contingency (100 euros/hour).
Ship cleaning service in case of being employed in the fight against accidental marine pollution (300 €).
These rates will be updated and reviewed with the same percentage that applies to the maximum rates.
The cost of the material owned by the providers consumed in the intervention will be paid to the replacement price of the same duly justified with the corresponding invoice. The material consumed shall be justified by attaching the corresponding albarans signed by the person responsible for the emergency or person designated by him, in the light of the services actually provided.
Any other additional service requested by the Port Authority must be offered in advance not in any case the service until not obtaining the approval of the submitted budget.
Prescription 17. Rd Compensation for public service obligations to apply to service integration license holders and criteria for distribution between license holders open to general use.
In the service integration licences, the economic compensation shall be established which, where appropriate, the holders shall pay as a contribution to the public service obligations falling on the holders of the service. Licenses open to general use can be addressed, in particular to maintain universal coverage, regularity and continuity of service.
In accordance with Article 136 of the TRLPEMM, the value of such compensation shall be a percentage of the fixed costs which would correspond to a single provider open to general use with human and material means. Minimum requirements in this Statement. This percentage may not be greater than the Market Share, understood as the percentage representing the total annual activity of the port service, measured in number of GT, which is carried out by the holder of the integration of the service, in the geographical area affected by these particular prescriptions. These percentages are as follows (K x market share):
Santa Cruz de Tenerife Zona A: 0.19 × Cuota Mercado.
Christians: 0.43 × Market Share.
Santa Cruz de La Palma: 0.52 × Cuota Mercado.
San Sebastian de La Gomera: 0.50 × Cuota Mercado.
La Estaca: 0.67 × Cuota Mercado.
To these effects of Public Service Compensation, CSP, it is considered that the value of the fixed costs that would correspond to a single provider open to the general use with the human means and minimum materials required in the Specifications are, with a value in euro, as follows:
Santa Cruz de Tenerife Zona A: 831,860 euros.
Christians: 266,272 euros.
Santa Cruz de La Palma: 191,194 euros.
San Sebastian de La Gomera: EUR 247,399.
El Hierro (La Estaca): 38,370 euros.
Compensation = Fixed Costs × K × Market Share
These values will be updated annually with the same percentage as the maximum service rates are updated.
The value of the compensation shall be calculated annually once the market share of the corresponding annual period is known.
This annual compensation will be invoiced by the Port Authority to the holders of service integration licenses, if there are service providers open to general use, on a quarterly basis and will be distributed between the latter in proportion to the market share of each of them, as measured by the number of GT, s taken care of.
Prescription 18. th Port rates and fees.
License holders for the provision of port mooring and demure port service are obliged to the satisfaction of the following fees:
Activity rate.
The provision of services by the licence holder shall bear the corresponding fee in favour of the Port Authority in accordance with Article 183 of the TRLPEMM.
The full fee of the fee will be calculated by applying to the tax base the rate of charge according to the following:
The tax base will be the number of services provided.
The rate of charge, in accordance with the criteria and limits set out in the above article, shall be:
1.89 euros per service provided in the port of Santa Cruz de Tenerife (zones A and B)
1.09 euros per service provided in the port of Santa Cruz de La Palma.
0.32 euros per service provided in other ports.
EUR 0.32 per service provided for the licensing of integration of services and licences restricted to the geographical scope of a particular maritime station or freight terminal.
According to the criteria set out in Article 188.b) of TRLPEMM, the annual amount accrued by the Port Authority for this concept shall have the following limits:
the annual amount shall not be less than one per cent of the annual net amount of the business figure or, failing that, of the amount of business developed in the port under the licence.
the annual amount shall not exceed six per cent of the annual net amount of the business figure or, failing that, of the amount of business developed in the port under the licence.
The tax rate will be updated annually in accordance with the law.
The tax base and the tax rate associated with it will be established in the license and will not be reviewable except as indicated in the preceding paragraph or by modification of these Particular Prescriptions.
At the end of each financial year, the licence holder shall provide the net annual amount of the business figure and the actual amount of the tax base (number of services provided) corresponding to the provision of the service concerned. of the licence, which will serve as a basis for the regularisation of the annual full quota. This turnover shall be properly credited by the submission of the annual accounts within 15 days of its approval.
The payment of this fee will be made at the end of the year through self-validation and once the official annual accounts are provided, the annual full quota will be regulated, if any.
The vessel's rate. The provision of services by the holder of a licence with maritime means shall bear the corresponding rate of the vessel in favour of the Port Authority in accordance with Articles 194 to 204 of TRLPEMM.
Navigation aids rate. It shall be settled in accordance with Articles 237 to 244 of the TRLPEMM by vessels which are used in their case.
Occupancy Rate. If there is a concession or authorization granted to the service provider, the service provider must pay the corresponding public domain occupancy rate in accordance with the terms of the concession or authorization and in the Articles 173 to 182 of TRLPEMM.
Section V. Conditions, obligations and responsibilities of the service provider
Prescription 19. th Financial-economic solvency conditions.
The applicants must be entitled to obtain the license and for the duration of the license, at least with their own funds not less than 5% of the annual turnover for the service under this license, not being able to in no case be below the following figure:
For the port of Santa Cruz de Tenerife Zona A: 50,000 euros.
For the port of Santa Cruz de Tenerife Zona B: 6,000 euros.
For the port of Santa Cruz de La Palma: 6,000 euros.
For the port of La Estaca: 3,000 euros.
For the port of San Sebastian de La Gomera: 6,000 euros.
For the port of Christians: 6,000 euros.
The minimum figure will be updated five-year on the basis of the approval of these particular prescriptions to adapt it to the variations experienced by the cumulative CPI for the national set in the month of October during that period.
It will be credited through any of the following means:
a) Reporting Financial Institutions.
b) Annual accounts audited in the case of legal persons.
(c) public subscription of shares and the disbursement of social capital in the case of legal persons of a new constitution, and which therefore do not have annual accounts.
d) Any other documentation deemed sufficient by the Port Authority.
Prescription 20. th Conditions of technical-professional solvency.
To credit the technical-professional solvency applicants must meet at least one of the following requirements:
Have provided the service in the port area for which the licence applies, in any other port area of the Port Authority or any other port or terminal for at least the last two years, or at least for four years in the last decade.
Dispose of a template where at least 33% of the staff or have provided the service for a minimum of 120 working days in the last five years in any undertaking meeting the above requirement; or has been on board for at least 500 days carrying out mooring and unmoored work on board.
In all cases applicants will have to provide evidence to their staff of a technician who specializes in the activities of the service, with sufficient training and qualifications and experience in the field of operations. Mooring and untying for at least two years in the last five years.
The Port Authority may recognize technical and professional solvency in the light of other evidence or justifications provided by the applicant company, which it considers sufficient.
Prescription 21. Environmental Protection and Sustainability Contribution Obligations.
The prestate company must comply with the applicable environmental regulations as well as the specific environmental standards that, if any, are established in the Operating and Police Regulations, in the ordinances port and in the instructions that the Harbour Authority can dictate, as well as in the systems of environmental management that could be approved by the Harbour Authority, according to the objectives and indicators of environmental sustainability, and will be the responsible for taking the necessary measures to prevent and mitigate the effects the environmental impact of the services provided. The port ordinances may lay down the minimum operational measures to be taken by those undertakings for this purpose.
In application of Law 26/2007, Environmental Liability, the lending company must carry out a risk assessment and provide the financial guarantees that are applicable to it in accordance with the law.
According to the provisions of Article 11 of the FOM Order 1392/2004, vessels must have a plan for the delivery of waste to the receiving port facilities authorized by the Port Authority, and be said plan accepted by the facilities concerned. In addition, they shall submit a quarterly report to the Maritime Capitania on the deliveries of waste during that period, with the endorsement of the said installation.
Also, providers should have a protocol for possible discharges, both own and for intervention at the request of the competent administration, which will be included or integrated into the Maritime Interior Plan (IMPs). of the Harbour Authority. This protocol shall include the availability of material and human means of action, the activation and response procedure.
Prescription 22. Third Port Public Service Obligations.
Public service obligations are regulated by the TRLPEMM in Article 110.
Universal Coverage. Licensees shall be obliged to meet any reasonable demand for service on non-discriminatory terms.
The licensees are excluded from this obligation in the case of licenses restricted to the geographical scope of a maritime station of passengers or terminal of goods dedicated to the special use and the integration of services.
However, service providers may temporarily suspend the provision to a user for non-payment of the service as set out in these Specific Prescriptions, and in Article 109.4 of the TRLPEMM.
Public service obligations for the service to be provided in terms of regularity and continuity. Service providers shall be required to maintain the continuity and regularity of the service on the basis of the characteristics of the demand during the 24 hours every day of the year, with the exception of force majeure, under the conditions set out therein. Special prescriptions, and will contribute to the provision of the minimum services that in your case, could establish the Port Authority. This contribution shall be distributed among the number of providers according to the market share of each of them in the month preceding the application, as measured by the number of GT of the vessels served.
The licensees are excluded from this obligation in the case of licenses restricted to the geographical scope of a maritime station of passengers or terminal of goods dedicated to the special use and the integration of services.
Cooperation in rescue operations, fire suppression, pollution control, as well as emergency prevention and control. The licensees shall make available to the competent authority which so requests, the human and material resources attached to the service and the specific established for this public service obligation in the Prescription 14. It is necessary for rescue, fire-extinguishing, pollution control as well as emergency prevention and control. In the event that the requesting competent body is different from the Port Authority, the licensee shall immediately bring to the attention of the Port Authority such an application.
The intervention made as a result of this obligation shall be invoiced by the licensee as indicated in the Prescription
.Collaboration in practical training in service delivery. The service provider shall be obliged to participate with his or her means, in the practical training activities or drills organised by the Port Authority or the Maritime Capitania. Such participation shall not be entitled to any recovery, as stated in the 16th Prescription.
Submission to the tariff authority of the Port Authority. Service providers shall be subject to the maximum rates laid down in these particular Prescriptions where the number of providers has been limited by the Port Authority or is insufficient to ensure competition.
In compliance with the provisions of Article 125.2.d) of TRLPEMM, where there are circumstances in which there is no competition, the Board of Directors of the Port Authority, after the approval of the Prescriptions Individuals will approve the mandatory maximum rates.
Also, if later changes were made in the number of providers or in some other circumstance that will affect the existence of competition in the provision of the service, the Port Authority, by means of a new resolution, approve any changes that are appropriate in relation to the enforcement of the maximum rates.
The Port Authority will also monitor the transparency of the fees and the concepts that are billed.
Distribution criteria for the Public Service obligations. In accordance with Article 113.4.p of the TRLPEMM, public service obligations shall be distributed among service providers with objective, transparent, proportional, equitable and non-discriminatory criteria, including: the market share of each of them shall be taken into account.
Prescription 23. th Liability of the service provider to its employees, users and third parties and coverage of risks. Civil Liability Insurance.
The service that is the subject of the License shall be made by the licensees under its sole responsibility, being on its own the payment of all expenses, consumption, taxes, arbitrations or fees derived from the benefit.
They must keep the payment stream, tax, labor and social security obligations, and credit it annually to the Port Authority.
(a) The applicants shall be deemed to be aware of the obligations of a fiscal nature, where the circumstances provided for in Article 13 (1) of Royal Decree 1098/2001 of 12 October 2001 are met, approving the General Regulations of the Law on Contracts of Public Administrations. The accreditation of compliance with those circumstances shall be carried out in accordance with the provisions of paragraph 2 of that Article.
(b) The performance of work-related obligations shall be established by the presentation of official certificates or a responsible declaration on labour aspects of the services to be provided, in which at least the specify:
1. Enforcement of occupational risk prevention legislation.
2. Law Enforcement on Safety and Health at Work.
3. Workers ' Days and shifts for service coverage.
4. Prior to the start of the service provision, a risk assessment study must be submitted by a specialised entity, indicating the protective measures as well as PPE ' s to be adopted and used by the workers.
5. The presentation of the model of responsible declaration on the prevention of occupational risks attached to the present Specific Prescriptions according to Annex III.
c) Applicants shall be deemed to be aware of the obligations under Social Security, where the circumstances provided for in Article 14 (1) of Royal Decree 1098/2001 of 12 December 2001 are met. October, for which the General Regulations of the Law on Public Administration Contracts are approved. The accreditation of compliance with those circumstances shall be carried out in accordance with the provisions of paragraph 2 of that Article.
License holders shall be kept abreast of the performance of the tax, labour and social security obligations set out above for the duration of the licence period. Once the licence has been granted, the provider shall be obliged to submit at least annually and prior to any revision of the relevant charges, all the documentation concerned.
In compliance with the provisions of Article 113.8 of TRLPEMM, licences shall include the following conditions which shall state expressly that:
(a) " The Port Authority shall in no case be liable for any obligations of any kind which correspond to the service provider in relation to its employees, in particular those relating to industrial relations, salary, risk prevention or social security. "
(b) " It shall be the obligation of the provider to indemnify all damages caused to third parties as a result of the provision of the service covered by the licence. When such damages have been caused as an immediate and direct consequence of an order of the Administration, it shall be responsible within the limits stated in the laws. "
To this end, the lending company must take out civil liability insurance to cover the possible damages caused during the provision of the port service as well as the compensation for professional risks. The amount of such insurance must be that which the provider considers sufficient to cover the risks inherent in the provision of the service and, in the case of Santa Cruz de Tenerife Zona A, shall be greater than EUR 300 000 in the case of licences opened to general traffic reducing the amount to 100,000 euros in the case of license in the rest of the Ports and for the licenses of integration of services and the restricted licenses to the geographical scope of marine stations and terminals of goods dedicated to particular use.
These quantities may be unified, in the case of a licence application in more than one port area, reducing the amounts.
In this way, the minimum amount to have liability insurance that includes compensation for professional risks, if within the licenses that the provider requests to obtain is included the license of the Port of Santa Cruz de Tenerife Zona A, will amount to the minimum amount of 400,000 euros.
In the rest of the cases, if the license of the Puerto de Santa Cruz de Tenerife Zona A is not included, this amount of liability insurance that includes compensation for professional risks will amount to the amount minimum of EUR 200,000.
In the case of companies that are licensed for the provision of the service prior to the publication of the present Specific Prescriptions, they shall supplement the corresponding amounts up to the minimum amount required.
These amounts will be reviewed every 3 years by the Port Authority taking into account the cumulative CPI variation.
Prescription 24. Obligation To Supply Information To The Port Authority.
Any holder of a License must supply to the Port Authority, the information that is necessary to exercise its responsibility of control over the correct delivery of the service, and the compliance with the TRLPEMM and with the Specific requirements of this Statement.
Semi-annual information, coinciding with the completion of each calendar semester. The service providers shall provide the Port Authority with the following information within the time limits specified in each case:
i. Detail of the human and material means.
ii. Details of your shareholding or membership of the company.
iii. Information on the quality indicators set out in Prescription 11. of these Specific Prescriptions for each of the semesters.
Annual character information. The service providers shall provide the Port Authority with the following information, on an annual basis, coinciding with the completion of each financial year except in the case of point i:
i. Annual accounts of the company with strict accounting separation between the service and other activities that the provider may develop, in accordance with the provisions of Article 122 of TRLPEMM. They shall be provided within 15 days of the approval of those accounts.
ii. The service provider must provide the Port Authority with detailed information on its tariffs and tariff structure, which must be public, so that it can verify that they are not higher than the maximum rates in the case of that they are applicable, as well as to verify the transparency of the tariffs and the concepts that are invoiced in order to be able to analyze the conditions of competitiveness in relation to the prices and the quality of the services.
iii. Documentation relating to insurance policies with annual validity, and certifications to be aware of the payment of tax and social security obligations.
iv. The occupational casualty associated with the provision of the service.
v. The description of the mechanisms for coordinating business activities in the field of occupational risk prevention.
vi. The ship-generated waste delivery plan, validated by a company providing the port service for the reception of ship-generated waste.
vii. The number of events or Environmental Incidents that occurred.
Information at the end of each scale. The provider shall complete a computerised file and send it by digital means to the Port Authority at the end of each scale, with the following data:
i. Port Authority-assigned scale number.
ii. Type of service (entry, exit, amended, and reinforcement of cabs).
iii. Service request date and time.
iv. Date and time for which the service requests.
v. Date and time and place of service delivery start.
vi. The date and time and place of completion of the service.
vii. Name, flag and size (GT) of the vessel.
viii. Incidents occurred during service delivery.
ix. Quantities invoiced.
x. Number of berths used in the service.
xi. Indication of reinforcement, ground, cable/stache indication, mooring to buoy, All scale scale.
xii. Any other information that the borrower deems relevant to indicate.
The documentation supporting the information contained in the registry will be available for consultation by the Port Authority for a minimum period of five years.
Information at the time it occurs.
i. The Port Authority considers it advisable to obtain the certifications ISO 9001 and ISO 14000. In the event of obtaining, their presentation is requested at the time of the first certification and in each renewal.
ii. Any modification in the shareholder's or partner's membership of the licensee, as soon as it occurs, for the purposes of verifying compliance with the provisions of Article 121 of the TRLPEMM and in Prescription
.iii. Any investment in the capital of other companies, licensees of this same service in the ports of the scope of this Harbour Authority.
iv. Any modification in the media, affecting the minimum human and material means.
v. Claims submitted to the provider must be immediately transferred to the Port Authority, where they will be processed in accordance with the rules and procedures applicable to their nature.
vi. Where a special review of the maximum rates is to be carried out in accordance with the provisions of the Prescription 15. of this specification, and for the port areas affected by it, information relating to the cost structure of the service, with sufficient conceptual separation, that allows the assessment of the cost of the same and the valuation of each of its components. In particular, the following items shall be detailed and justified:
(a) For material means other than own, rent amounts or chartering policies.
(b) For the material means that are own, the amount of investment and annual depreciation.
c) Staff expenses.
d) The corresponding amounts to fuel supply.
e) The amounts dedicated to preventive and corrective maintenance.
f) The insurance amounts.
Faculty of control and inspection. The Port Authority may at all times inspect the compliance of each and every condition of the License granted.
Prescription 25. Th Warranties.
In order to ensure compliance with the obligations arising from these Specific Prescriptions, the sanctions that may be imposed, and the damages that may arise, as well as the compliance with the Notice clause defined in the Prescription 8. th of these Special Prescriptions in case of waiver of the License, or in the case of improper abandonment of the service, the provider must constitute, before beginning its activity and within the period of 20 (20) calendar days from the date of notification of the granting of the licence; a guarantee in favor of the president of the Harbour Authority, whose minimum amount will be 50,000 euros in the case of open licenses to the general traffic for the service in the Port of Santa Cruz de Tenerife Zone A; and in the rest of cases (rest of port areas, service integration and licences restricted to the geographical scope of a passenger or terminal maritime station dedicated to particular use) such guarantee shall amount to the amount of EUR 5,000.
These quantities may be unified, in the case of a licence application in more than one port area, by reducing the amounts as follows:
The minimum amount, if within the licenses that the provider requests to obtain is included the license of the Puerto de Santa Cruz de Tenerife Zona A, will amount to the minimum amount of 55,000 euros.
In the rest of the cases-not to include the license of the Puerto de Santa Cruz Zone A-this amount will amount to the minimum amount of 10,000 euros.
In the case of companies that are licensed for the provision of the service prior to the publication of the present Specific Prescriptions, they shall supplement the corresponding amounts up to the minimum amount required.
The guarantees will be constituted in cash, or by bank or insurance company, according to the model approved by the Port Authority. The guarantees, which shall be in solidarity, may be granted by person or entity other than the holder of the licence, in any case, it being understood that the guarantees are subject to the same responsibilities as if they were constituted by the same and without the benefits of exclusion, division and order being used.
The above guarantees will be updated five-year on the basis of the approval of these particular prescriptions to adapt it to the variations experienced by the accumulated CPI for the national set in the month of October during that period. However, the amendment of the endorsement shall not be required once it has been constituted up to the appropriate five-year review.
The constitution of the guarantees does not in any way imply that the liability of the holder of the license is limited to its amount.
Extinguishing the license, in accordance with the assumptions provided for in these Specific Prescriptions, will be carried out the return of the guarantee or its cancellation, once satisfied the payment of the outstanding obligations with the The Port Authority and provided that the total or partial loss of the same is not the case for liabilities incurred by the service provider for the penalties imposed on him and not paid.
When pursuant to the foregoing paragraphs, the Port Authority has to make use of the guarantee, in whole or in part, the provider will be obliged to restate or supplement it within one month, counted from the act of disposal. If the person concerned does not return or complete the guarantee in the relevant period, the Port Authority may terminate the License as well as take any legal action it deems appropriate.
Section VI. Sanctioning regime
Prescription 26. St Violations and Sanctions.
i. Infringements. This Statement of Specific Prescriptions is in line with the provisions of Title V, the sanctioning regime, the TRLPEMM, and in particular Articles 305 as regards the definition and classification of infringements, Article 306.2 in relation to minor offences, to 307.5 as regards serious misconduct, and to Article 308.5 referred to as serious offences.
ii. Sanctions and non-sanctioning measures. The penalties shall be in accordance with the provisions of TRLPEMM in Articles 312 and 313.
The sanctions imposed by the Port Authority, will be independent of the indemnities and responsibilities of any kind, that take place, consequence of the claims for damages of persons and impaired companies.
Both sanctions and non-sanctioning measures will always be based on objective data and follow proportionality criteria.
Section VII. Other
Prescription 27. ª Claims and Resources.
Claims on the application or interpretation of this Statement will be resolved by the Board of Directors of the Port Authority, whose agreements end the administrative route, except in the case of complaints. on charges, which will be used in an economic and administrative way, without prejudice to the potential replacement facility.
The decisions of the Board of Directors shall be subject to administrative proceedings before the competent court.
Prescription 28. No. Submitting to Spanish jurisdiction.
The application for a license to provide this service implies the submission of the applicant, both in the processing of the license and during its validity and other actions, to the jurisdiction of the Courts and Tribunals of any order for all disputes which, directly or indirectly, may arise with the waiver, where appropriate, of the foreign jurisdiction which may correspond to the applicant.
Prescription 29. First Start of Service Delivery.
The licensee must be in a position to provide the service, within a maximum of one month from the date of notification of the grant of the license.
Prescription 30. Personal Data Protection.
In compliance with the provisions of the Organic Law 15/1999, of 13 December, of Protection of Personal Data (hereinafter LOPD), the Port Authority informs the data subject that the personal data that they are collected through the presentation of the documentation required for the granting of a licence for the provision of the port service covered by this Statement of Specific Prescriptions shall be processed, automated or not, under the responsibility of the Harbour Authority, in order to check the accreditation by the applicant of the fulfilment of the conditions and requirements contained therein, request any additional documentation necessary, take care of their requests for information, communicate the agreement of the Council of Administration relating to the granting or not of the license, to proceed on its own initiative to the registration of port services companies, to send any other necessary documentation, as well as any other procedures provided for in accordance with the rules of application and the maintenance of history.
Also, the interested party is informed that in accordance with the legislation in force, the Port Authority will have to communicate the information and personal data in the procedure of granting the license to the following bodies and third parties: Judges and Courts, where appropriate, where legally required for this purpose, Public Body Ports of the State (OPPE) for inclusion in the General Register of companies providing basic port services, to the General intervention of the State Administration (IGAE) to carry out the functions of the audit that has been attributed and in general, to any other third parties to whom, under the current regulations the Harbour Authority has the obligation to communicate the data or that they agree to the information of the workers in the reference registration given its public character.
The interested party expressly consents to the aforementioned treatment by submitting the application for the granting of the license and the delivery, therefore, to the Port Authority of all the documentation in which it is made record your personal data and undertakes to communicate in the shortest time to the Port Authority any variation of the data collected through this Pliego or the data generated during the processing of your application for a license with the the purpose of the Authority's update of the said Authority. Where personal data have been provided directly by the person concerned, the Port Authority shall consider the information provided by the Port Authority as accurate, as long as the contrary is not disclosed.
In compliance with the provisions of the LOPD, where the data subject is required to provide personal data relating to natural persons other than those identified in this Statement, be it in the process of processing the license or during the provision of the service, must, prior to its communication to the Port Authority, inform them of the extremes contained in this Prescription.
The transfer of personal data from third parties to the Port Authority is conditional on the principle of legitimacy, necessity and proportionality and the communication of relevant, non-excessive, current and truthful data, and requires prior information and request the consent of such third parties for the processing of their data in accordance with the extremes contained in this communication. Where the data transferred by the data subject to the Port Authority shall be inaccurate, in whole or in part, or incomplete, the data subject shall cancel and replace them ex officio with the corresponding rectified or completed data in the 10 days from the date of knowledge of the inaccuracy-except that the legislation applicable to the file establishes a procedure or a specific period for it-and to communicate in the same time to the Harbour Authority, the rectification or cancellation made.
The interested party is also obliged to give to each of the natural persons whose data are transferred to the Harbour Authority the corresponding information communication, which must be signed individually for each one of those affected and returned to the Port Authority together with the remaining documentation that is relevant.
For such purposes, the delivery by the interested party to the Port Authority of any documentation containing personal data shall ensure the adoption of the relevant safety measures in accordance with the Title VIII of Royal Decree 1720/2007 of 21 December 2009 approving the Development Regulation of the LOPD, and in particular the measures to prevent the removal, loss or undue access to information during the period of its implementation. transport.
The interested party may exercise its rights of access, rectification, cancellation and opposition by requesting it in writing addressed to the Port Authority at the following address:
Building Board of the Port, Francisco La Roche Avenue, 49, 38001 Santa Cruz de Tenerife, or in the one that replaces it and communicates in the General Register of Data Protection.
Final disposition.
This Statement of Specific Prescriptions will apply from the day following its approval by the Board of Directors of the Port Authority of Santa Cruz de Tenerife, and will be published in the " Official Journal of the Status " for advertising purposes.
| Chief Operating Area | V. ºB. º The Director |
| Leandro Melgar Casillas | Jose Rafael Diaz Hernandez |
ANNEX I
Definitions
For a better interpretation of this Pliego, we indicate below the meaning that for the purposes of the Pliego have the following terms and expressions.
Amarre: operation to collect the mugs of a vessel, carry them and fix them to the elements arranged for this purpose, following the instructions of the master of the vessel, in the mooring sector designated by the Authority Port, in the convenient order to facilitate the docking operations. The elements arranged for the mooring service may be fixed points of mooring (norais or bollards) or moving points (mooring buoys).
Unbound: operation the object of which is to link the mugs of a ship from the mooring elements according to the instructions of the master of the vessel, corresponding to the command and direction of the maneuver.
Amended or spied: maneuver by ships on the muggings, once docked, to correct their initial position of docking, without using any machine or tugboats, with interventional of the mooring service.
Reinforcement of cabs: when, independently of the initial mooring operation, a reinforcement of the cabos is requested at a later time due to changing the weather conditions, force majeure or fortuitas, at the request of the captain, etc.
First out of water: operation consisting of sending the ship of the mooring service company, a first place for the vessel to bring it to the ground.
Santa Cruz de Tenerife Zona A, comprises all the docks and Dukes of Alba in all the commercial docks of the Santa de Cruz de Tenerife port, except the Port of Hondura.
Santa Cruz de Tenerife Zona B, comprises the area granted in concession and authorization to the Spanish Company of Petroleos, S.A., by the Port Authority of Santa Cruz de Tenerife in the Port of Hondura, and consisting of two parts:
Dock area comprising the Duke of Alba and the dock of La Hondura with a concession surface within the public domain of 24.516 m2.
Area of the field of buoys, with an occupation of the land public domain of 31,585 m2 where the pipes are located, plus 157,859 m2 of water sheet where the field of buoys is located.
Delay: The time elapsed from the start time of the service request until the provider has all the necessary means, human and material, in the required place and are in a position to start the service.
Complaints and complaints: are the ones formally received by the provider, being reflected in the corresponding official claims sheets, which will be available for these purposes. Complaints and complaints will also be considered by other means and are formally reflected in the Port Authority.
(GT) Tons of Gross Record. Measures according to the tonnage method approved at the IMCO International Conference held in London in 1969.
ANNEX II
Documentation to be presented next to the request for a License
For the Port Authority to decide on the granting of a license for the provision of the service subject to these Specific Prescriptions, the interested party must make an application that will contain the data indicated In Article 70.1 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure and shall be accompanied by the following documentation:
(a) Administrative documentation, which shall be composed of the documents listed below and which may be provided in original or authentic copy:
1. Evidence of the applicant's ability to act. If this is a natural person, national identity document or, in the case of foreign nationals, the equivalent document.
Legal persons by means of the filing of the deed or document of incorporation, the statutes or the founding act, in which they consist of the rules governing their activity, duly registered, if any, in the relevant public register, according to the type of legal person concerned.
In the case of non-Spanish entrepreneurs who are nationals of Member States of the European Union, the capacity to act shall be credited for their registration in the register in accordance with the law of the State in which they are registered. are established, or through the submission of an affidavit or a certificate, in terms that are laid down in regulation, in accordance with the Community implementing provisions.
Other foreign businessmen must prove their capacity to act with a report from the Permanent Diplomatic Mission of Spain in the State concerned or the Consular Office in whose territorial scope the address is located. of the company.
2. Documents proving the representation. Those who appear or sign applications on behalf of others must be able to present a sufficient amount of power to the effect, if any, duly registered in the Trade Register, accompanied by the corresponding certificate of their validity, and the national document of identity or, in the case of foreign nationals, the equivalent document.
3. Designation of a representative, with sufficient powers and domicile in the territorial scope of the Port Authority's powers, for the purpose of establishing regular communication with the Port Authority.
4. Declaration to submit to the jurisdiction of the Spanish Courts and Tribunals of any order for all the incidents which, directly or indirectly, may arise from the license granted, with renunciation, if any, to the jurisdiction the foreign language which may correspond to the applicant. Spanish applicants must not submit this declaration.
5. Express declaration of knowledge and acceptance of the articles of these particular Prescriptions.
6. Evidence of the applicant's economic solvency, in accordance with the provisions of the Prescription 19. of this Statement.
7. Supporting documentation of the applicant's technical and professional solvency, in accordance with the provisions of the Prescription 20. of this Statement.
8. Commitment of the applicant to constitute, within twenty (20) days of the notification of the granting of the license, the guarantee provided for in the Prescription
.9. Commitment to present the supporting documentation of a civil liability insurance covering the risks inherent in the provision of the service by an amount in accordance with the provisions of Prescription
.10. Supporting documentation of compliance with obligations of a fiscal, labour and social nature.
11. Statement responsible for the fulfilment of the obligations laid down in Article 121 of TRLPEMM and for not being in breach of the causes laid down in Article 49 of Law 30/2007 of 30 October of Public Sector Contracts.
12. Statement of the shareholding or shareholdings at the time of the request. Any changes made during the procedure for the processing of the license must be immediately brought to the attention of the Port Authority, so that the aforementioned actuarial composition or participations in the license grant date.
13. Commitment to comply and maintain throughout the duration of the license the requirements and conditions required in the Royal Legislative Decree, the present Specific Prescriptions and in the license itself.
14. Commitment to notify the Port Authority of any modification affecting the provisions of the preceding paragraphs and shall occur after the application and/or the granting of the license.
15. In licences for the provision of the service which are restricted to the geographical scope, of a passenger or terminal maritime station dedicated to particular use and in the particular case of terminals granted to the holder of a (a) a transfer plant or an industrial plant, which is connected by fixed and specific transport facilities; this is pipes, which have been granted in concession or authorization; the applicant for the licence must submit the contract with the holder of the concession or authorisation provided for in Article 116.3, where such requester is different from the connection or authorization holder.
b) Technical documentation, which will be integrated by the documents listed below:
1. Plan for the organisation of the services in which the activities of the service are described and details of the organisation and procedures involved, the allocation of human resources, working shifts and the response plan to the emergencies. The period for which the licence is requested (within the limits provided for in the Prescription 5) shall also be indicated and the link with the private use of a particular area of the licence shall be indicated. port.
2. Description of the human and material means for the provision of the service, indicating their qualification and characteristics, respectively, in accordance with the requirements of the Prescription
.3. Rates to be applied for their services when the maximum rates of the Pliego are in force, which may not exceed the maximum amounts of the same set in the Prescription
.4. Specific accreditation of the material means which, in accordance with their request, shall be attached to the service, subject, in any case, to the minimum requirements for the purpose, provided for in the Prescription 14. Private. Accreditation shall also be provided for the corresponding approvals and certificates of vehicles and other machinery, in compliance with the current safety regulations.
5. Statement responsible for having, and maintaining throughout the duration of the license, the permits, authorizations and licenses legally required for the exercise of the activity.
6. Commitment to meet the standards of quality and performance indicated in the Specific Prescriptions, as well as those offered, in accordance with the proposal of organization and procedures for the provision of the service, indicating parameters objectivable and measurable quality.
7. Responsible declaration that no longer than three months (3 months), from the grant of the license, will present to the Port Authority its corresponding Self-Protection Plan that will require the inventory of means, its location, their permanence, schedules, and other requirements.
8. Commitment to participate in any initiative that the Port Authority promotes for the improvement of the quality of the port services in general (for example Brand of Guarantee) and the service of mooring and untying of ships, in particular.
9. Commitment to notify the Port Authority of any modification affecting the provisions of the preceding paragraphs and to occur after the application and/or the granting of the license, without prejudice to the origin, if any, of the Prior authorisation of the Port Authority in accordance with these requirements.
10. Declaration responsible for compliance with training in the field of combating accidental marine pollution as indicated in Prescription
.ANNEX III
Prevention of work risks
RESPONSIBLE DECLARATION ON OCCUPATIONAL RISK PREVENTION
The entity .................................................... is committed to the Port Authority of Santa Cruz de Tenerife to satisfy the following requirements regarding both the activities and services to be developed, as to the workers, equipment and machinery, substances and preparations which the entity ................................................................ make to the completion of the same:
-To comply with the general provisions of the Law 31/1995 on the Prevention of Labor Risks and how many laws and regulations in this field apply to it.
-To have adopted some of the modalities provided for in Article 10 of Chapter III of the Prevention Services Regulation (Royal Decree 39/1997), as regards the organization of resources for the development of the preventive activities necessary for the development of their activity.
-To have properly informed all of your workers about the risks inherent in your job and about the protective or preventive measures to be taken.
-Have trained all of your workers properly on the performance of your work in health and safety conditions.
-Making work teams that comply with the legislation that apply to them at the disposal of workers.
-Make packaged and labelled substances and preparations available to workers in accordance with applicable legislation.
-Make appropriate individual protective equipment available to workers and in accordance with current regulations.
-Satisfy the legal obligation regarding the accreditation of medical fitness of workers for the safe performance of their job.
-Establish appropriate means of coordination with the Port Authority of Santa Cruz de Tenerife and/or other companies/self-employed workers who can develop tasks in the workplace during the execution of the activity or service for which it is contracted, in accordance with Royal Decree 171/2004. In the case where the appointment is necessary, by the contracted undertaking, a person responsible for the coordination of the business activities must have a preventive training corresponding to at least the functions entry level.
-Dispose of the presence in the working center of the necessary preventive resources when one of the circumstances mentioned in article 4 of article 32a of the Law 31/1995 of Prevention of Labor Risks (introduced by Law 54/2003), without prejudice to the above.
-Commitment on the part of the external entity, that in case it is decided to subcontract some of the work to be carried out for the Harbour Authority of Santa Cruz de Tenerife, it will require the same documentation that the reflected in the above points and that it will be delivered to the Port Authority of Santa Cruz de Tenerife.
-Establish the appropriate means of communication and coordination with the Port Authority of Santa Cruz de Tenerife to ensure an effective response to emergency situations.
This will cause jobs to be stopped:
-Non-compliance during the development of this license, by the Company .......... of any legal or regulatory standard in matters of prevention of occupational risks applicable to the works or services object of this license, give rise to automatic termination of the license.
In Santa Cruz de Tenerife, a de 2015.
