Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 on the establishment of a Community system for monitoring and reporting on maritime traffic was intended to establish a the system for the control of maritime navigation at European Union level which would make freedom of navigation compatible with the protection of maritime safety and the preservation of the marine environment.

The transposition of Directive 2002/59/EC was verified by legal and regulatory standards. The part that specified a standard with legal status was incorporated through article 108 of Law 62/2003, of December 30, of Fiscal, Administrative and Social Order Measures. The regulatory incorporation was carried out by Royal Decree 210/2004 of 6 February establishing a system for monitoring and reporting on maritime traffic.

Directive 2009 /17/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2002/59/EC, which is primarily intended to implement and use progress, was adopted on 23 April 2009. (i) technical measures which have been produced in order to achieve more effectively the objectives set out in Directive 2002 /59/EC.

The Directive implements the use of the Community system for the exchange of maritime information called 'SafeSeaNet', established by the Commission in agreement with the Member States. This system includes a data exchange network and a standardised version of the main data available on ships and their cargo, which allows for the location of information and communication to the maritime administrations. precise and updated on ships sailing in Community waters.

On the other hand, and given the positive results obtained with the use of the automatic identification system (SIA), it extends the obligation of its use to fishing vessels greater than 15 meters.

It also establishes the obligation to use the long-range ship identification and monitoring system (LRIT), in order to extend the surveillance of maritime traffic to the high seas.

Aspects of ship assistance plans and port of refuge are the subject of a redefinition; entry is no longer the case for ships in distress but, in line with the IMO guidelines, for ships. in need of assistance.

In addition, it specifies the fundamental points that must contain the reception plans for ships in need of assistance.

On the other hand, it determines the obligation to appoint an authority, with experience and competence, to take independently and after prior assessment, the relevant decisions regarding the reception of ships in the places of refuge.

Also, it prescribes that the host plans must accurately describe the chain of decision making in these matters and collect information about the possible places of refuge on the coast, in such a way that the authority have evidence to be able to take, on a basis and speed, the decision to be taken.

Like Directive 2002/59/EC, the current Directive is transposed by a standard of formal law and by royal decree. The legal transposition of the Directive has been verified by the new, additional twenty-fifth provision of Law 27/1992 of 24 November 1992 on Ports of the State and the merchant navy, which is incorporated in paragraph 50 of the final provision Second of the Law 33/2010, of 5 August, of amendment of Law 48/2003, of 26 November of economic regime and of provision of services of the ports of general interest that incorporates concretely to the Spanish legal system The following provisions of Directive 2009 /17/EC: the new point (v) introduced by Article 3 (c) as amended (concept of a vessel in need of assistance), paragraphs 1 and 2 of the new Article 20 (competent authority for the reception of ships in need of assistance and general measures which it may adopt), paragraph 1 and the first subparagraph of paragraph 2 of the New Article 20a (drawing up of Member States ' reception plans), the last paragraph of Article 20a (3) (confidentiality of information), second paragraph of the new Article 20b (reception of ships in places of origin). Article 20c (1) and Article 20c (1) of the Treaty (not requiring strict financial guarantee).

This royal decree aims to complete the incorporation into the Spanish legal order of Directive 2009 /17/EC, in those aspects, indicated in previous paragraphs, whose transposition has not been verified by law formal.

On the other hand, from an organisational point of view, it is appropriate to highlight the tasks conferred on the European Maritime Safety Agency by Regulation (EC) No 1406/2002 of 27 June 2002 on the European Maritime Safety Agency. In particular, Article 2 (d) of the Treaty gives it the task of developing and exploiting the entire information system necessary to achieve the objectives of Directive 2002/59/EC, in order to facilitate cooperation between the Member States and the Commission in the field of that Directive.

In its virtue, on the proposal of the Minister of Public Works, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on November 26, 2010.

DISPONGO:

Single item. Amendment of Royal Decree 210/2004 of 6 February establishing a system for monitoring and reporting on maritime traffic.

Royal Decree 210/2004 of 6 February establishing a system for monitoring and reporting on maritime traffic is amended as follows:

One. Article 2 (2) and (3) are worded as follows:

" 2. Unless otherwise expressly provided for and without prejudice to the provisions of the fourth additional provision, this royal decree shall not apply to vessels affected by national defence or other vessels of ownership or public use, provided that provide non-commercial public services.

3. Fishing vessels, historic or vintage vessels and recreational craft of less than 45 metres in length shall be subject only to the rules laid down in Articles 17 to 25, unless otherwise expressly provided for. "

Two. Article 2 (4) is worded as follows:

" 4. For the purposes of the application of the rules for the notification and monitoring of ships, the provisions and equipment on board vessels and fuel for own use in quantities of less than 1,000 tonnes shall not be considered as subject-to-ship. to the obligations that are regulated in this royal decree. "

Three. The introductory phrase of Article 3 (a) shall be replaced by the following:

"(a) Relevant applicable international instruments: the following instruments in their updated version."

Four. At the end of point (a) of Article 3, following the ordinal 12. º, the following ordinal should be added:

"13. IMO Resolution A. 917 (22): Resolution 917 (22) of the International Maritime Organization entitled" Guidelines for the use in the ship of the automatic identification system (SIA) " on board, as amended by IMO Resolution A. 956 (23).

14. IMO Resolution A. 949 (23): Resolution 949 (23) of the International Maritime Organization entitled "Guidelines for places of refuge for ships in need of assistance".

15. IMO Resolution A. 950 (23): Resolution 950 (23) of the International Maritime Organization entitled "Maritime Assistance Services (MAS)".

16. IMO Guidelines on the fair treatment of crew in the event of a maritime accident: the Guidelines annexed to Resolution LEG. 3 (91) of the IMO's Legal Committee of 27 April 2006, adopted by the Council of ILO administration at its 296 session, from 12 to 16 June 2006. "

Five. Article 3 (l) shall have the following wording:

" l) Competent authorities: the Directorate General of the Merchant Marine and, under its management, the maritime capitanies and the business public entity Company of Marine Salvage and Safety (SASEMAR), integrated all of them in the Maritime Administration. "

Six. In Article 3, the following points (x), (y), (z) and z '

added:

"x)" SafeSeaNet ": Community system for the exchange of maritime information created by the European Commission in cooperation with the Member States in order to ensure the application of Community legislation.

and) "Regular Service": A series of journeys made between two or more ports, either in accordance with public schedules or with a degree of regularity or frequency constituting a recognizable systematic series.

z) "Fishing vessel" means any vessel equipped for commercial exploitation of living aquatic resources.

z ') "LRIT": System for the identification and long-range monitoring of ships in accordance with SOLAS Regulation V/19-1. "

Seven. Following Article 6, two new Articles 6a and 6b are inserted, with the following content:

" Article 6a. Use of automatic identification systems (CIS) by fishing vessels.

Fishing vessels with a total length of more than 15 metres and registered in a Member State of the European Union, or fishing in inland waters or in the Spanish territorial sea, or landing their catches in a Spanish port, shall be equipped, in accordance with the timetable set out in point 3 of Part I of Annex II, with an automatic identification system SIA (Class A) that complies with the performance standards established by the IMO.

Fishing vessels equipped with an SIA system will keep it up and running at all times. In exceptional circumstances, the system may be disconnected if the master considers it necessary for the safety of the ship.

Article 6 ter. Use of long-range ship identification and monitoring systems (LRIT).

Ships to which the SOLAS Regulation V/19-1 applies and the performance standards and operational requirements laid down by the IMO shall carry LRIT equipment in accordance with the provisions of that Regulation; whenever they stop at a Spanish port. "

Eight. Article 12 is worded as follows:

" Article 12. Information requirements for the transport of dangerous goods.

1. In Spanish ports, no dangerous or polluting goods, irrespective of their size, may be presented for transport or loaded on board a vessel, without the prior delivery to the master, operator or agent before they are carried out. goods are accepted on board, a declaration containing the following information:

(a) The one listed in point 2 of Annex I;

(b) in the case of the substances referred to in Annex I to the Marpol Convention, the safety data sheet with the physico-chemical characteristics of the products including, where appropriate, the viscosity expressed in cSt at 50 ° C and the density at 15 ° C, as well as the other data which, in accordance with IMO Resolution MSC 150 (77), must be included in the safety data sheet;

(c) the emergency telephone number of the consignor or any other person or body possessing information on the physico-chemical characteristics of the products and on the measures to be taken in the event of emergency.

2. Vessels coming from a non-Community port entering a Spanish port and carrying dangerous or polluting goods shall be in possession of a declaration by the consignor containing the information required by (a), (b) and (c) referred to in the preceding paragraph.

3. It shall be the responsibility and responsibility of the consignor to provide the master, operator or agent with such a declaration and to ensure that the cargo submitted for transport corresponds to that actually declared in accordance with the provisions of paragraph 1. 1. "

Nine. Article 14 (c) shall be worded as follows:

" (c) It shall be transmitted without delay to the competent authority of any other Member State requesting it, using the SafeSeaNet, the information on a ship and the dangerous or polluting cargo, to the extent that it is strictly necessary for reasons of maritime safety or protection of the marine environment. '

Ten. Article 15 shall be worded as follows:

" Article 15. Exemptions.

1. The General Directorate of the Merchant Navy may exempt from compliance with the requirements of Articles 4 and 13 to regular services between Spanish ports provided that the following conditions are met:

(a) That the shipping company concerned should develop and keep up to date a list of the vessels operating that service and communicate it to the maritime captaincy.

(b) that the said undertaking is prepared and at the disposal of the maritime captaincy, in case of request, of the information referred to in Annex I, paragraphs 1 or 3, as appropriate, for each voyage carried out. To this end, it shall establish an internal system which ensures at all times the transmission of this information in electronic form and without delay to the maritime captaincy, after having received the relevant requirement, in accordance with the Article 4.1 or Article 13.3 as appropriate.

(c) To be notified to the port of destination or to the maritime captaincy, in accordance with Article 4 or Article 13, as appropriate, any difference of three or more hours with respect to the likely time of arrival at the port of destination or the practice station.

d) That exemptions are only granted to vessels determined for a specific service.

For the purposes of the first subparagraph of this paragraph, a service shall be deemed to be a regular service only if it is intended to be provided for at least one month.

Exemptions from the requirements of Articles 4 and 13 shall be limited to journeys of a maximum expected duration of 12 hours.

2. Where a regular line is operated between Spain and another Member State, of which at least one is a member of the European Union, the Spanish Maritime Administration may request the participating Member State (s) to grant exemptions to the that regular line service.

The Management Board shall cooperate with all participating Member States, including the coastal Member States concerned, for the granting of exemptions to the service concerned, subject to the conditions laid down in this Regulation. set out in paragraph 1 above.

3. The Directorate-General of the Merchant Marine shall periodically verify compliance with the conditions set out in paragraphs 1 and 2 above. If any of them cease to be fulfilled, the exemption shall be immediately withdrawn from the undertaking concerned, without prejudice to any sanctions which may be imposed on the undertaking concerned.

4. The Directorate-General of the Merchant Navy shall forward to the European Commission a list of companies and vessels exempted under this Article, as well as updates to that list. '

Once. In Article 16 (1), the following points (d) and (e) are added:

" (d) Those who do not have the insurance policies or the financial guarantee in force, or have not notified, or lack thereof, in accordance with the provisions of European Community legislation and international law.

(e) Those who, as reported by the competent port authorities or the competent port administration, present apparent anomalies that may compromise the safety of navigation or pose a risk to the marine environment. "

Twelve. A new paragraph is added to Article 19 (3) of the following wording:

"To this effect they shall transmit to the competent authorities, if they so require, the information referred to in Article 12."

Thirteen. A new paragraph 5 is added to Article 19, with the following wording:

" 5. The Spanish authorities, in accordance with the national legal order, shall take into account the applicable provisions of the IMO Guidelines on the fair treatment of crew in the case of maritime accidents in waters where Spain exercises sovereignty, sovereign rights or jurisdiction. "

Fourteen. Article 20 shall have the following

:

" Article 20. Competent authority for the reception of ships in need of assistance.

1. The Director-General of the Merchant Navy, as the competent authority for decision-making in respect of ships in need of assistance, may, as appropriate, adopt any of the measures contained in the list, not exhaustive, of the Annex IV, especially in case of a threat to maritime safety or the marine environment.

The said authority shall be assisted by a technical committee whose advice may be sought.

The maritime captain, the head of the maritime district, the maritime safety and inspection coordinators and any other persons whose criteria may be relevant in the decisions to be taken shall be part of it. General manager's criteria.

The deliberations of the committee will be confidential.

2. The authority referred to in point 1 above shall meet regularly, and may do so at any time, with the authorities of the other Member States, in order to exchange experience and expertise and to make improvements to the the measures which may be taken pursuant to the provisions of paragraph 1 above. '

Fifteen. Article 21 shall have the following

.

" Article 21. Plans for the reception of ships in need of assistance.

1. The Maritime Administration shall draw up plans for the reception of ships in need of assistance in order to avoid or minimise the risks posed by such vessels when they are in waters where Spain exercises sovereignty, sovereign rights or jurisdiction, especially when human life is threatened at sea and the integrity of the marine environment.

The Director General of the Merchant Navy will participate in the elaboration of these plans.

2. The plans referred to in paragraph 1 above shall be drawn up after consultation of the sectors concerned, and report, which shall not be decisive, of State Ports and based on IMO Resolutions A. 949 (23) and A. 950 (23). These plans shall include at least the following information:

a) Identity of the organs or bodies responsible for receiving and giving course to alerts,

(b) the identity of the competent authority to assess the situation, and to take a decision to admit or reject a ship in need of assistance at the place of shelter in place;

(c) information on the Spanish coastline and all those elements that allow for a prior assessment and rapid adoption of decisions in relation to the place of refuge for a vessel, including the factors environmental, economic and social, as well as natural conditions;

(d) assessment procedures for the admission or rejection of a ship in need of assistance at a place of refuge;

e) adequate means and facilities for assistance, rescue and pollution control;

(f) international coordination and decision procedures;

(g) financial guarantee and liability procedures established in respect of ships in a place of refuge.

3. The Spanish Maritime Administration shall publish the name and contact address of the Director General of the Merchant Navy as well as the bodies or bodies designated to receive and attend the alerts.

4. The Management Board shall notify those of the neighbouring Member States, upon request, of the relevant information on the host plans.

5. The Maritime Administration, in following the procedures laid down in the reception plans for ships in need of assistance, shall ensure that the relevant information is provided to the parties involved in the operations. '

Sixteen. Article 22 is worded as follows:

" Article 22. Constitution of the guarantee.

1. In cases where a vessel in need of assistance is received at a place of refuge, the financial guarantee, as the case may be required, must be lodged in a bank with its registered office in Spain by the operator, the shipping company, the savior of the ship, the consignor, the owner or the recipient of the charge in favour of the Directorate General of the Merchant Marine and with submission to the Spanish courts, and must be clearly specified that it is constituted in a way irrevocable to respond, in any amount, to claims for compensation arising from all any damage that may be caused to persons, public entities or property of any nature by the ship or its cargo as a result of catastrophic events such as fire, explosion, failure, including mechanical or mechanical failure structural, approach, pollution, decrease in stability or varada, among others.

It will also be responsible for the previous expenses incurred to prevent or minimize such damage, as well as the cost of the ship's removal or removal measures or its cargo and restoration of the coastal environment or marine to be adopted as a result of the event or during the movement of the ship to enter or leave the place of refuge or its stay in the place of refuge.

2. If it is not possible to immediately formalise the guarantee, as a non-working day or time, the operator, the consignor, the savior or the person to whom he delegates shall formalise any other guarantee of equivalent effect, the criterion of the General Directorate of the Merchant Navy, for the amount corresponding to the scale set out in Article 23, until it is possible to provide the guarantee, at which time the return of the guarantee shall be made.

All regardless of the other requirements that are required for the lodging of the guarantee in their specific regulatory regulations. "

seventeen. Article 24 (1) and (3) shall be drawn up in the following terms

" 1. The authorization of access of a ship to a place of refuge corresponds to the Director General of the Merchant Navy, in accordance with the provisions of the additional twenty-fifth provision of Law 27/1992. "

" 3. The maritime captaincy shall carry out all the acts of instruction necessary to substantiate the final decision, including, where appropriate, an inspection of the vessel. In particular, it may propose that the entry of the vessel be conditioned to the weighting of the set of circumstances specified in the second transitional provision of this royal decree. "

Eighteen. Article 25 shall have the following

:

" Article 25. Maritime Traffic Monitoring and Information System (SafeSeaNet).

1. The Ministry of Public Works shall establish systems for managing maritime information to ensure the processing of the information provided for in this royal decree.

Such systems shall make it possible for the full use of the information collected and shall, in particular, comply with the conditions laid down in Article 14.

2. In order to ensure an effective exchange of information under this royal decree, the Ministry of Public Works will ensure that the systems mentioned, created to collect, process and preserve such information, can be interconnected with the SafeSeaNet, which must be permanently operational and whose basic description and principles are set out in Annex III.

3. Without prejudice to the provisions of paragraph 2 above, in the case of actions in the field of intra-Community agreements or in the framework of regional agreements or cross-border, inter-regional or transnational projects within the Union European, the Ministry of Public Works will ensure that the systems or networks and information that are established meet the requirements of this royal decree and are compatible and interconnected with the Community system of exchange of information. maritime SafeSeaNet. "

nineteen. Following Article 25, a new Article 25a is inserted, with the following content:

" Article 25a. Information to interested parties.

1. The Spanish coastal station concerned shall transmit, where necessary, radio warnings which may be heard in the sectors potentially affected by any incident or accident notified in accordance with the provisions of the Article 17.1 and report on the presence of any vessel which constitutes a threat to maritime safety and human life at sea or to the environment.

2. The competent authorities which have received information notified on the basis of Articles 13 and 17 shall at all times provide that information, on request and for reasons of maritime safety or the prevention of marine pollution, to the competent authority of any other Member State of the European Union.

3. Where the said authorities have been informed, in accordance with this royal decree or by any other procedure, of facts which generate or increase the risk in maritime and coastal areas of another Member State, they shall adopt the relevant measures to inform the State concerned and to consult it on the planned actions.

Where appropriate, the modalities of a joint intervention by the competent Spanish authorities in cooperation with those of other Member States shall be adopted. "

Twenty. The first provision will have the following wording:

" Additional disposition first. Confidentiality of information.

The maritime administration and, where appropriate, the competent port administration, in accordance with the Spanish or European Community rules, shall take the necessary measures to ensure the confidentiality of the information that is transmitted to them in application of this royal decree and will be used exclusively in compliance with the provisions of the twenty-fifth additional provision of Law 27/1992. "

Twenty-one. The single transitional arrangement shall become the first transitional provision.

Twenty-two. A new transitional provision is incorporated, second, with the following wording:

" Second transient disposition. Circumstances for the reception of ships in places of refuge.

Until the reception plans are drawn up, the General Directorate of the Merchant Navy, in order to assess whether the reception of a ship in need of assistance in a place of refuge is appropriate, will assess the circumstances that are in each case taking into account the following elements of judgment:

(a) Navigability of the ship, in particular: buoyancy, stability, availability of means of propulsion and production of energy and docking capacity.

b) Nature and status of cargo, provisions and fuel, and in particular dangerous goods.

c) Distance and estimated navigation time to a place of refuge.

d) Presence or absence of the captain in the ship and collaboration in the disaster of the entire envelope with the Competent Authorities.

e) Number of other crew members or other persons on board in relief functions or for any other reason and an assessment of human factors, including fatigue.

f) Whether or not the ship is insured, including civil liability. If so, identify the insurer, and the applicable liability limits if any.

g) Renunciation to the benefit of limitation or exoneration of responsibility by whoever invokes it for the case of acceptance of the shelter.

h) Conformity of the captain, operator or shipping company with the proposals of the Maritime Administration to continue the journey or to go to a place of refuge.

i) Conformity and technical justification of the issuing classification society of the relevant class certificate, as well as of the saviors, if any, as to whether to continue the journey or to go to a place of shelter.

(j) Provision of the financial guarantee which, where appropriate, has been required or complied with for interim measures in this respect.

k) Rescue contracts entered into by the master, operator or shipping company.

(l) Information about the intentions of the captain or the undertaking to provide the rescue, or both.

m) Designation of a representative of the shipping company in Spain with acceptance of its address for notifications. "

Twenty-three. Point 4 (L) of Annex I shall be worded as follows:

" L. Other information:

Characteristics and estimated quantity of fuel for vessels of gross tonnage equal to or greater than 1,000 tonnes.

Navigation conditions.

Twenty-four. A new paragraph 3 is added to point I of Annex II, as follows:

" 3. Fishing vessels.

Fishing vessels with a total length of more than 15 metres shall be equipped with the equipment provided for in Article 6a according to the following timetable:

Fishing vessels of a total length equal to or greater than 24 metres and less than 45 metres, by 31 May 2012 at the latest,

fishing vessels with a total length of 18 metres or more and less than 24 metres, by 31 May 2013 at the latest,

fishing vessels of overall length equal to or greater than 15 metres and less than 18 metres, by 31 May 2014 at the latest.

New-build fishing vessels with an overall length of more than 15 metres shall be subject to the requirement to carry the equipment provided for in Article 6a from 30 November 2010. '

Twenty-five. Annex III is replaced by the one inserted after this royal decree.

Single repeal provision. Regulatory repeal.

All provisions of the same or lower rank are repealed as soon as they are opposed, contravened or incompatible with the provisions of this royal decree.

Final disposition first. Competence title.

This royal decree is dictated by the provisions of Article 149.1.20. of the Constitution, which attributes to the State the competence in the field of merchant marine.

Final disposition second. Faculty of development.

The Minister of Development is enabled to dictate how many complementary provisions are needed for development and the best implementation of this royal decree.

Final disposition third. Incorporation of European Union law.

By this royal decree is incorporated into our internal order, in those aspects that do not need transposition by law, Directive 2009 /17/EC of the European Parliament and of the Council, of 23 April 2009, Directive 2002/59/EC on a Community system for monitoring and information on maritime traffic is amended.

Final disposition fourth. Entry into force.

This royal decree will take effect on November 30, 2010.

Given in Madrid, on November 26, 2010.

JOHN CARLOS R.

The Minister of Development,

JOSE BLANCO LOPEZ

" ANNEX III

Electronic messages and SafeSeaNet

1. Concept and organization

The Community system for the exchange of maritime information, SafeSeaNet, will allow the reception, storage, recovery and exchange of information for maritime safety, port and maritime security, protection of the marine environment and the effectiveness of maritime traffic and transport.

SafeSeaNet is a specialised system set up to facilitate the exchange of information in electronic format between Member States and to provide the Commission with relevant information in accordance with Community legislation. It consists of a network of national SafeSeaNet systems located in the Member States and a central SafeSeaNet acting as a nodal point.

The SafeSeaNet network will link all national SafeSeaNet systems and includes the SafeSeaNet central system.

2. SafeSeaNet management, operation, development and maintenance

2.1 Responsibilities.

2.1.1 National SafeSeaNet Systems: The Maritime Administration will establish and maintain a national SafeSeaNet system that allows for the exchange of maritime information between authorized users under the responsibility of the Ministry of Development, which shall be the competent national authority of Spain (ANC).

The NCA will be responsible for the management of the national system, which includes the coordination of users and data providers at the national level, as well as ensuring that a LOCODES is designated and established and maintained. the necessary IT infrastructure and the procedures described in the "interface control document and the functionalities" referred to in point 2.3.

The national SafeSeaNet system will allow the interconnection of users, authorised under the responsibility of the NCA and may be accessible to the identified maritime transport participants (shippers, agents, captains, operators and others) provided that they have the authorisation of the NCA, in particular to facilitate the submission of reports by electronic means in accordance with Community legislation.

The national SafeSeaNet system will also allow interconnection with the Navy's "Integrated Information and Surveillance System for the Knowledge of the Marine Environment", in order to facilitate compliance with the Under point 3 of the fifth additional provision of Law 17 of 1992 of Ports of the State and Merchant Marine, concerning the communication by the Directorate General of the Merchant Navy to the Navy of the geographical positions of the Spanish merchant vessels in navigation.

2.1.2 SafeSeaNet Central System: The European Commission will be responsible for the management and development at the policy level of the SafeSeaNet central system and the supervision of the SafeSeaNet system, in cooperation with the Member States. The European Maritime Safety Agency, in cooperation with the Member States and the Commission, shall be responsible for the technical implementation in accordance with Regulation (EC) No 1406/2002 of the European Parliament and of the Council.

The SafeSeaNet Central system, which acts as a node, will interconnect all SafeSeaNet national systems and establish the necessary IT infrastructure and procedures as described in the "Control Document". the interface and the functionalities " referred to in paragraph 2.3.

2.2 Principles of management: The European Commission will set up a high-level management group, composed of representatives of the Member States and the European Commission, which will adopt its rules of procedure and will have the following functions:

Formulate recommendations to improve the effectiveness and security of SafeSeaNet,

provide appropriate guidance for SafeSeaNet development,

assist the Commission in evaluating the performance of SafeSeaNet,

approve the "interface control document and functionalities" referred to in section 2.3 and its future modifications.

2.3 Interface control document and SafeSeaNet technical documentation and functionalities. -The European Commission will develop and maintain an updated control document, in close cooperation with the Member States. interface and functionality (IFCD).

This document will describe in detail the performance requirements and procedures applicable to the national and central elements of the SafeSeaNet in order to ensure compliance with the Community rules applicable.

The IFCD will include rules on the following aspects:

Access rights guidance for data quality management,

data exchange and transmission security specifications,

information file at the national and central level.

The IFCD will indicate the means of storage and availability of information on hazardous and polluting products for the regular services for which an exemption has been granted in accordance with the Article 15 of this royal decree.

The European Maritime Safety Agency, in cooperation with the Member States, shall draw up the technical documentation relating to the SafeSeaNet, such as the rules on the format of data exchange, the manuals for users and the network security specifications.

3. Data exchange through SafeSeaNet

The system will use industry standards and have the ability to interact with public and private systems used to create, facilitate, or receive information in the framework of SafeSeaNet.

The European Commission and the Member States shall cooperate to examine the feasibility and development of functionalities which, as far as possible, ensure that data providers, including captains, shippers, agents, operators, shippers and competent authorities have to transmit the information only once. Member States shall ensure that the information transmitted is accessible for use in all relevant information, notification and information and management of maritime traffic (VTMIS) systems.

Electronic messages exchanged in accordance with this royal decree and the corresponding Community regulations will be distributed through SafeSeaNet. To this end, Member States shall develop and maintain the interfaces necessary for the electronic transmission of data to SafeSeaNet.

When international regulations admit the flow of LRIT information concerning third country vessels, SafeSeaNet networks will be used to distribute among Member States, with an adequate level of safety, the LRIT information received in accordance with Article 6ter of this royal decree.

4. Security and access rights

The Spanish system of SafeSeaNet will meet the requirements of this royal decree concerning the confidentiality of information as well as the security principles and specifications described in the IFCD regarding the rights of access.

The Maritime Administration will identify all users to whom, in accordance with the IFCD, they will attribute some type of functions and/or the right of access. "