The International Convention on Civil Liability, born of damages due to oil pollution for ships, made in London on 23 March 2001, hereinafter the 2001 Fuel Convention, whose ratification by Spain took place on 10 December 2003, will enter into force on 21 November 2008.

The 2001 Fuel Convention obliges the owners of ships falling within their scope to ensure compensation for the damage caused by oil pollution claims for oil and gas. fuel which the ship carries on board or which comes from it and which occurs in the territory or territorial sea of any of the states parties to the convention.

In order to make such a requirement effective, the owner of the ship is required to take out insurance or other financial guarantee to cover its liability for the damage caused by pollution in accordance with the provisions of the the convention. Furthermore, it is established that each State party will require such insurance or financial guarantee and will not grant permission to sail to the vessels flying its flag if they do not bear the relevant certificate. Similarly, the State shall take appropriate measures to ensure that ships, whatever the country of their registration, are provided with the certificate to enter or leave their territory or to arrive and sail from a sea installation. within its territorial sea.

All this determines the need to make a provision which provides for the rules necessary for the implementation of the 2001 Fuel Convention and which, at the same time, regulates in a single normative text all aspects related to the the requirement and control by the Maritime Administration of the issued insurance or financial guarantee certificates.

On the other hand, one of the particularities of the Fuel Convention 2001 is the binding of the compulsory insurance or financial guarantee with the limit of the liability of the owner of the ship, according to the with the applicable national or international regime in each case.

The Spanish State, by means of an instrument of accession to the 1996 Protocol which amends the Convention on Limitation of Liability for the Claim of Maritime Law, 1976, made in London on 2 May 1996, and the the simultaneous denunciation of the previous conventions on the limitation of the liability of ship owners, is intended to introduce the most up-to-date limitation of liability regime, according to the international instruments in

For reasons of effectiveness it has been considered appropriate that the competence for the issue of the certificate accrediting of the insurance subscription or of the financial guarantee and the control of the obligation to carry it on board of the Vessels shall be duties exercised by the General Directorate of the Merchant Navy of the Ministry of Public Works.

The similarity between the insurance cover or the financial guarantee covered by the 2001 Fuel Convention and the system set out in Royal Decree 1892/2004 of 10 September 2004 laying down rules for the Implementation of the International Convention on Civil Liability for Damage Due to Pollution of the Sea by Hydrocarbons, 1992, as amended, advises the need to modify this last standard to match the regulation of both procedures for the issue of certificates certifying compliance with the obligation to take out insurance or to provide another financial guarantee to cover liability for damage caused by pollution.

In its virtue, on the proposal of the Minister of Public Works, with the approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on October 31 of 2008,

D I S P O N G O:

Article 1. Coverage of civil liability arising from damages due to oil pollution for the fuel of the ships.

1. Registered owners of vessels exceeding 1000 tonnes of gross tonnage shall be required to take out insurance or a financial guarantee covering their liability for damage due to pollution caused by oil used as such. fuel, and for costs or damages caused by all reasonable measures which, after an event, takes any person, in order to prevent or minimise damage due to contamination, as provided for in paragraph 1 of the Article 7 of the International Convention on Civil Liability, born of damages due to pollution by oil for fuel from ships, made in London on 23 March 2001, hereinafter referred to as the 2001 Fuel Convention.

2. The navigation of any Spanish vessel exceeding 1000 tonnes of gross tonnage shall be prohibited if it does not carry on board the certificate with full validity and proof of the existence of the insurance or financial guarantee referred to in paragraph 1 of this Article. Article.

3. The entry or exit of a Spanish port or the arrival or departure of an offshore installation situated in the territorial sea shall be prohibited, to any foreign vessel exceeding 1000 gross tonnage, if it does not carry on board an insurance certificate or another financial guarantee in force and issued in accordance with the 2001 Fuel Convention, and which covers its liability to the limit applicable to it in accordance with the provisions of Article 7.1 of the said Convention.

Article 2. Subpositions of exclusion.

The provisions of this royal decree shall not apply to warships, naval auxiliaries or other vessels whose ownership or exploitation corresponds to a State and which are intended exclusively for the time being (a) non-commercial services of the Government, unless the State to which they belong has decided to apply the 2001 Fuel Convention, as provided for in Article 4.3 thereof. Nor shall it be applicable to damage caused by pollution, as defined in the Convention on Civil Liability arising from damage caused by pollution of the waters of the sea by oil, 1992, as amended, whether or not payable compensation in respect of them under the said convention.

Article 3. Definitions.

For the purposes of this royal decree is understood by:

1. 'Gross tonnage' means the gross tonnage calculated in accordance with the tonnage measurement rules set out in Annex 1 to the International Convention on tonnage of ships, made in London on 23 June 1969.

2. 'Vessel' means any ship fit for sea navigation and any floating device at sea, of the type.

3. "Person" means any individual or company, or entity governed by public or private law, whether or not incorporated in the company, including a State or any of its political subdivisions.

4. 'ship owner' means the owner, including the registered owner, the naked hull charterer, the ship manager and the ship owner.

5. 'registered owner' means the person or persons registered as the owner of the vessel or, if the vessel has not been registered, the person or persons who own it. However, in the case of a ship owned by a State and operated by a company registered in that State as the ship's owner, the "registered owner" shall mean that company.

6. 'Oil for fuel' means all hydrocarbons of mineral origin, including lubricants, used or intended for use for the operation or propulsion of the ship and any waste thereof.

7. 'Convention of Civil Liability' means the International Convention on Civil Liability, which was born of damages due to pollution of the waters of the sea by hydrocarbons, 1992, as amended.

8. 'preventive measures' means all reasonable measures which, after an event, are taken by any person in order to prevent or minimise damage due to contamination.

9. "Event" means any occurrence or series of occurrences of common origin, causing damage due to contamination or creating a serious and imminent threat to cause such damage.

10. "Damage due to contamination":

(a) losses or damage caused outside the ship by pollution resulting from the leakage or discharge of oil for fuel from that vessel, wherever such leakage or discharge occurs, while the compensation for deterioration of the environment, to part of the loss of profits resulting from such deterioration, shall be limited to the cost of reasonable restoration measures actually taken or to be taken, and

(b) the cost of the preventive measures and the other losses or damages caused by such measures.

11. 'State of registration of the vessel' means the State in which the vessel is registered and, if it is not registered, the flag State of which the vessel is entitled to fly.

12. "Organization" means the National Maritime Organization.

13. "Convention on Limitation of Liability for Reclamation Of Maritime Law, 1996": the Convention on Limitation of Liability for the Claim of Maritime Law, as amended by the 1996 Protocol.

Article 4. Object.

This royal decree is intended to regulate the issue and control of the certificate of insurance or of the financial guarantee other than the insurance referred to in Article 7 of the 2001 Fuel Convention.

Article 5. Coverage of civil liability through the subscription of insurance or through a financial guarantee other than insurance.

1. In the event that the liability has been covered by the subscription of insurance or by a financial guarantee other than insurance, a certificate shall be issued on condition that the insurance or the security has been signed with a entity that is in any of the following circumstances:

(a) Insurance entities which have obtained the authorisation of the Ministry of Economy and Finance to operate in class 12, "civil liability in maritime, lake and river vehicles", as provided for in paragraph (a); 'classification of risks by classes', of Article 6.1 of the recast of the Law on the Management and Supervision of Private Insurance, approved by Royal Decree-Law 6/2004 of 29 October, or which, being domiciled in a country belonging to the European Economic Area, exercise its activity in Spain under the rule of law of establishment or freedom to provide services.

(b) Entities domiciled in a country belonging to the European Economic Area other than Spain, authorised to operate in the field of liability in maritime, lake and river vehicles.

(c) Branches established in the European Economic Area of insurance companies domiciled in third countries not members of the European Economic Area, authorised to operate in the field of civil liability in vehicles maritime, lake and river.

d) Integrated Protection and Lndemnization Clubs in the International Group of Protection and Lndemnization Clubs.

2. If the insurance or financial guarantee other than the insurance is subscribed with entities other than those listed in paragraph 1 of this Article and, except as provided for in the third final provision, no certificate shall be issued.

3. The insurance may be formalised either by a specific policy or as a cover more than the policies subscribed to by the owners of the vessels to cover their liability or other risks.

Article 6. Limits for coverage of civil liability.

The insurance or financial guarantee shall cover the civil liability of the registered owner of the vessel, in the form and conditions laid down in the Fuel Convention of 2001, and for the amount of special drawing rights the liability limit of the owner of the vessel, calculated in accordance with the provisions of the Convention on the limitation of liability arising from the claim of maritime law, 1996, as amended, taking into account the tonnage of the vessel.

Article 7. Duration of insurance cover or financial guarantee other than insurance.

1. The duration of the insurance or the financial guarantee shall be for a period of time not exceeding one year and shall always be understood as referring to the time of Spanish peninsular.

2. The effects of insurance or financial collateral shall be regulated in accordance with the provisions of Article 7.6 of the 2001 Fuel Convention.

3. The provisions of the above paragraph shall apply to any modification which has the effect of altering the insurance or the guarantee, so that it does not satisfy the terms of the 2001 Fuel Convention.

Article 8. Application and issuance of the certificate of the existence of the insurance or financial guarantee.

1. The certificate certifying the existence of insurance or the financial guarantee other than the insurance shall be requested from the General Directorate of the Merchant Navy by the owner of the vessel or the entities covering the liability. In the case of co-insurance existence, the application shall be made by the opening entity that holds the representation of all of them.

The application must be made in advance not less than 30 days from the date on which the certificate is intended to have effect, except in exceptional cases, duly justified, in which the issuing authority the certificate may reduce the time limit.

2. The application shall be accompanied by the document certifying the insurance or financial guarantee other than the insurance and, duly completed, the forms required by the Directorate-General of the Merchant Navy or the supervisory authority. corresponding to the registered owner of the ship or to the insurance institution or entities.

3. The certificate shall conform to the uniform model annexed to the 2001 Fuel Convention, and a copy thereof shall be filed with the General Directorate of the Merchant Navy when it is issued to a vessel registered in Spain.

4. Their duration may not exceed that of the insurance or financial guarantee on which their issue is based.

5. The certificate referred to in the preceding paragraphs may be extended for both vessels registered in Spain and for vessels registered in a non-party State.

6. The procedure for applying and issuing the certificates shall be governed by Law No 30/1992 of 26 November 1992 on the legal system of public administrations and on the common administrative procedure in the absence of this royal decree.

Article 9. Changes to the coverage during the validity of the certificate.

1. The registered owner of the vessel, the insurance undertaking or the guarantor are obliged to immediately communicate to the Directorate General of the Merchant Marine any circumstance that produces the extinction, loss or reduction of the effectiveness of the insurance or financial guarantee.

2. The registered owner of the ship, moreover, is obliged to return the corresponding certificate to the General Direction of the Merchant Navy

Article 10. Claims for damages resulting from oil pollution for ship fuel.

1. No claim for compensation for oil pollution damage caused by oil for ships under the 2001 Fuel Convention may be promoted against:

(a) The person carrying out salvage operations with the consent of the owner of the ship or following instructions from a competent public authority,

b) The person taking preventive measures,

(c) Employees or agents of the persons referred to in sub-paragraphs (a) and (b), unless the damage has been caused by an action or omission of such persons, and that they have acted in intent to cause such damage. damages, or recklessly and knowingly that such damages would likely arise.

2. No provision of this royal decree will limit the right of the owner of the vessel to appeal against third parties.

Article 11. From the dispatch of ships and the sanctioning regime.

1. The maritime capitanies may require the presentation of the said certificate when carrying out the dispatch of the vessels to which this royal decree applies, and may, in addition to opening the corresponding sanctioning dossier according to Law 27/1992, of 24 November, of ports of the State and of the merchant marine, to order the immobilization of the infringing ships that do not comply with the obligations established in this royal decree and how many measures are precise in order to prevent any spill.

2. The offences and penalties to be imposed in connection with the activities referred to in this royal decree shall be governed, at all times, by the provisions of Chapter III of Title IV of Law 27/1992, as laid down in Title IX of the Law 30/1992, as well as the corresponding regulations on sanctioning procedure, developed both in Royal Decree 1398/1993 of 4 August, approving the Regulation of the procedure for the exercise of the The Court of the Court of the European Communities has held that the Court of Infringement of the Court of administrative procedures in the field of land transport, civil aviation and merchant shipping under Law 30/1992.

Final disposition first. Amendment of Royal Decree 1892/2004 of 10 September 2004 laying down rules for the implementation of the International Convention on Civil Liability for Damage Due to Pollution of the Sea by Hydrocarbons, 1992.

Royal Decree 1892/2004 of 10 September 2004 laying down rules for the implementation of the International Convention on Civil Liability for Damage Due to Pollution of the Sea by Hydrocarbons, 1992, is amended as follows:

One. Article 1 (3) is worded as follows:

" 3. The entry or exit of a Spanish port or the arrival or departure of a sea installation in the territorial sea shall be prohibited for any foreign vessel that carries, as a bulk cargo, more than 2000 tons of hydrocarbons if it does not carry on board an insurance certificate or other financial guarantee in force and issued in accordance with the Civil Liability Convention of 1992 and covering up to the limit of liability applicable to it, payable under the said convention. "

Two. Article 4 is worded as follows:

" Article 4. Certificate of proof of insurance.

1. When the certificate base is a secure, the certificate must be in agreement with any of the following entities:

(a) Insurance entities which have obtained the authorisation of the Ministry of Economy and Finance to operate in class 12, "civil liability in maritime, lake and river vehicles", as provided for in paragraph (a); 'classification of risks by classes', of Article 6.1 of the recast of the Law on the Management and Supervision of Private Insurance, approved by Royal Decree-Law 6/2004 of 29 October, or which, being domiciled in a country belonging to the European Economic Area, exercise its activity in Spain under the rule of law of establishment or freedom to provide services.

(b) Entities domiciled in a country belonging to the European Economic Area other than Spain authorised to operate in the field of liability in maritime, lake and river vehicles.

(c) Branches established in the European Economic Area of insurance companies domiciled in third countries not members of the European Economic Area, authorised to operate in the field of civil liability in vehicles maritime, lake and river.

d) Integrated Protection and Lndemnization Clubs in the International Group of Protection and Lndemnization Clubs.

2. If the insurance or financial guarantee other than the insurance is subscribed to entities other than those listed in paragraph 1 of this Article, no certificate shall be issued.

3. The insurance may be formalised either by a specific policy or as a cover more than the policies subscribed to by the owners of the vessels to cover their liability or other risks. "

Three. Article 8 is worded as follows:

" Article 8. Application and issuance of the certificate of the existence of the insurance or financial guarantee.

1. The certificate of proof of the existence of insurance or of the financial guarantee other than insurance shall be requested from the General Directorate of the Merchant Navy by the respective owners of the vessels or the insurance companies which cover them. In the case of co-insurance existence, the application shall be made by the opening entity that holds the representation of all of them.

The application must be made in advance not less than 30 days from the date on which the certificate is intended, except in exceptional cases, duly justified, in which the issuing authority of the certificate may reduce the time limit.

2. The application shall be accompanied by the document certifying the insurance or financial guarantee other than the insurance and, duly completed, the forms required by the Directorate-General of the Merchant Navy or the supervisory authority. for the owner of the ship, or for the insurance institution or entities.

3. The certificate shall conform to the uniform model annexed to the agreement, and a copy thereof must be filed with the General Directorate of the Merchant Navy when it is issued to a vessel registered in Spain.

4. Its duration may not exceed that of the insurance or financial guarantee on which its issue is based.

5. The certificate referred to in the preceding paragraphs may be extended for both vessels registered in Spain and for vessels registered in a non-party State.

6. The procedure for the application and issue of the certificates shall be governed by Law No 30/1992, as not provided for in this royal decree. "

Four. The final provision is worded as follows:

" Final Disposition first. Application and development enablement.

The Minister of Public Works, in the field of his competences, is empowered to dictate the rules of application and development of this royal decree. "

Five. A new second final provision is added in the following terms:

" Final Disposition Second. Enforcement powers.

The Director General of the Merchant Navy will dictate the resolutions that may be necessary for the execution and fulfillment of this royal decree, and in particular to approve and modify the forms of forms to which refers to Article 8.2. "

Final disposition second. Competence title.

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

Final disposition third. Application and development enablement.

The Minister of Public Works, within the scope of his powers, is empowered to lay down the rules for the application and development of this royal decree and, in particular, to authorize non-integrated Protection and Compensation Clubs in the International Group of Protection and Compensation Clubs to cover civil liability, in particular by virtue of its implementation in States that are part of the international conventions referred to in Article 6.

Final disposition fourth. Enforcement powers.

The Director General of the Merchant Navy will dictate the resolutions that may be necessary for the execution and fulfillment of this royal decree, and in particular to approve and modify the forms of forms to which refers to Article 8.2.

Final disposition fifth. Entry into force.

This royal decree will take effect on November 21, 2008.

Given in Madrid, 3 November 2008.

JOHN CARLOS R.

The Minister of Development,

MAGDALENA ALVAREZ ARZA