The International Maritime Organization (IMO) adopted, at the Conference of the Contracting Governments of the International Convention for the Safety of Life at Sea (SOLAS Convention), 1974, held from 9 to 13 December 2002, a set of resolutions aimed at regulating the improvement of the protection of maritime transport. Among them is Resolution 1, amendments to the SOLAS Convention affecting Chapter V and XI, published in the Official Gazette of the State on 22 April 2004, and Resolution 2, adopting an International Code for the Protection of the of ships and port facilities (ISPS Code), published in the BOE on 21 August 2004. These instruments are intended to improve the protection of vessels used in international trade and the protection of port facilities associated with them through a port-port interface and include provisions for compliance (the amendments to the SOLAS Convention and Part A of the ISPS Code), and others of a non-binding nature (Part B of the ISPS Code), the application of which is recommended to facilitate compliance with these mandatory provisions. These rules were accepted in January 2003 and entered into force on 1 July 2004 for all the Contracting Governments of the SOLAS Convention. In addition, the European Union has the task of regulating how many measures are necessary to ensure at all times the protection of maritime transport against deliberate unlawful acts, in particular terrorism, which are included in the the most serious threats against the ideals of democracy and freedom and the values of peace, which are the very essence of the European community. In order to develop useful measures in the policy of maritime transport and to lay down common rules for the interpretation, application and control of the provisions adopted by the said diplomatic conference in the IMO. In December 2002, the European Union adopted Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on the improvement of the protection of ships and port facilities. The requirements laid down in Regulation (EC) No 725/2004 have been applied to vessels authorised to fly the Spanish flag obliged to comply with this legislation, as well as to the port facilities concerned, in the current framework of the competition between the various bodies and entities assigned to them in the context of the protection of ships and port facilities. This Regulation confirms the enforcement, in the European maritime field of ships and port facilities, of amendments to the SOLAS Convention and Part A of the ISPS Code, which the regulation includes in its annexes, and It also declares that certain measures which Part B of the ISPS Code contains as mere recommendations are binding. The Regulation also lays down certain obligations for Member States to improve the maritime security of ships, their companies and port facilities, such as the identification of designated authorities and the administrations, the allocation of responsibilities, the coordination, the transmission of information, and the tasks of monitoring the implementation of the legislation, establishing a system of control by the European Commission to verify the degree of The Member States have complied with this matter. The European Union has considered that Regulation (EC) No 725/2004 constitutes only a partial whole of the total of the measures necessary to acquire an adequate level of protection for transport chains linked to maritime transport and for persons, infrastructure and equipment against incidents related to protection, as the scope of such a regulation is limited to the protective measures applicable to ships and to the immediate port-port interface. Therefore, with the aim of achieving the greatest possible protection for the maritime and port industry, it has been necessary to introduce additional protective measures, applicable to the rest of the port areas, in the extension that, in each case and after the relevant risk assessment, it is considered relevant, including the analysis of the possible risks of threats to port security that may originate in certain external areas and adjacent to the port, and all without prejudice to the specific rules in force in each Member State in the field of national security. To this end, and with the aim of introducing measures at Community level to improve the protection of ports in the face of the threat of events affecting maritime security, the European Union has adopted Directive 2005 /65/EC of the European Parliament and of the Council Parliament and the Council of 26 October 2005 on the improvement of port security, ensuring that the protection measures laid down by Regulation (EC) No 725/2004 are in addition to the introduction of a improvement of the protection applied to the rest of the area of port activities. Directive 2005 /65/EC lays down, for each port in which one or more port facilities are affected by Regulation (EC) No 725/2004, the obligation to develop and implement a port security plan based on the result a risk assessment of threats of events against maritime security, including the risk analysis of the port facilities required by the said regulation. A detailed division of tasks and practices in the port security plan will help to improve the effectiveness of the preventive and corrective measures to be taken as required by the directive. As regards the port system of general interest, Article 132.1 of Law 48/2003, of 26 November, of economic regime and provision of services of ports of general interest, establishes that the Harbour Authority will control in the port area to comply with the rules affecting, inter alia, security systems, including those relating to the protection of anti-social and terrorist acts, without prejudice to the powers of other bodies of the Public administrations and the responsibilities of the public authorities in this field port users and dealers. Also, in paragraph 3 of the aforementioned article it is established that each Port Authority will prepare, after favorable report of the Ministry of the Interior and the autonomous body with competences in matters of public safety on those aspects that of its competence, a plan for the protection of ships, passengers and goods in the port areas against anti-social and terrorist acts which, once approved, will be part of the port ordinances. The Order of the Minister of Public Works of 17 June 2004, in relation to the protection of port facilities, was intended to determine the responsibilities of the bodies of that Department responsible for maritime security. of ships and port facilities, in addition to the specific legislation until then in force in this field. This royal decree transposes Directive 2005 /65/EC into Spanish law and develops the measures contained therein, in particular those relating to the establishment of basic rules applicable to the Spanish port system, the definition of a mechanism for the application of these rules and the design and implementation of appropriate monitoring mechanisms for their compliance. Whereas in the field of port security, the competences of different entities and agencies are brought together, which must be exercised in coordination with which the Armed Forces have been assigned in relation to the surveillance and security of the maritime spaces under the Organic Law 5/2005 of 17 November, National Defence, it is also necessary to create consultative structures at local level for the assessment of the analysis and the definition of aspects related to the the protection of ships, port facilities and ports, which will enable the harmonisation of criteria and the coordinated implementation of the requirements laid down in the field of application of this royal decree. Moreover, it is remarkable to include procedures and guidelines aimed at achieving the necessary coordination among the agents involved in the application of the regulations, the improvement of the agility in the transmission of information for the adequate decision-making, the harmonisation of criteria and methods applicable in the design of the maritime transport protection management system, its implementation, the verification of its efficiency, the mechanisms for continuous improvement, and the work of monitoring and monitoring of its implementation. Finally, the experience derived from the application of the regulations related to the improvement of the protection of the ships and the harbour facilities advises to include in this royal decree various aspects that facilitate the harmonization of the provisions included in Regulation (EC) No 725/2004, with those of Directive 2005 /65/EC, in particular in the determination of the competent bodies for the implementation of the measures provided for therein. In its virtue, on the proposal of the Minister of Development and the Minister of the Interior, with the prior 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 of the day 7 December 2007,

D I S P O N G O:

TITLE I

General provisions

Article 1. Object.

This royal decree aims to establish measures aimed at increasing the protection of ports in the face of the threat of deliberate illegal events or acts affecting maritime security, as well as the determination of entities and bodies competent to implement the measures contained in the legislation on the protection of maritime transport.

Article 2. Definitions.

For the purposes of this royal decree:

1) Port protection authority: the competent body for the protection of a particular port.

2) ISPS Code: the International Code for the Protection of Ships and Port Facilities, approved by the International Maritime Organization (IMO), in its updated version, and known as the "ISPS Code" in its version in English. 3) Port management entity: the public entity at the port of which the administration and management of a port are located. 4. Port facility: a port area within the limits determined by the port management authority of the port in which it is situated, where a port-port interface takes place, including, as deemed to be necessary, areas such as anchorages, waiting berths and access from the sea. 5. "port-port interface" means the interaction that takes place when a ship is directly and immediately affected by activities involving the movement of persons or goods, or the provision of port services to the ship or from the ship. 6. Port: land and water zone, with the limits established by the competent administration, provided with works and equipment that facilitate commercial shipping operations. 7) National Contact Point for Port Protection (PCPP): the body designated to serve as a point of contact for the European Commission and other Member States, as well as to facilitate, monitor and provide information on the implementation of the port security measures set out in this royal decree.

Article 3. Scope of application.

1. The provisions of this royal decree shall apply to ports located in Spanish territory which host one or more port facilities, including nautical facilities, ports of call or shipyards, which provide service to:

(a) The following types of vessels engaged in international travel: 1. º passenger ships, including high-speed passenger ships.

2. º Cargo ships, including high-speed craft, of gross tonnage (GT) equal to or greater than 500. 3. Mobile drilling units offshore.

(b) Passenger ships dedicated to domestic traffic belonging to Classes A and B, as defined by Royal Decree 1247/1999 of 16 July 1999 on safety rules and rules applicable to passenger ships carrying out Travel between Spanish ports and their companies. 2. In this royal decree, the bodies assigned the powers for the exercise of the functions of the protection of the ports and of the marine transport are also determined.

3. This royal decree will not apply to the ports, bases, stations, arsenals and naval installations of military character. 4. For the application of this royal decree to the ports, consideration will be given to the analysis of the threats that could arise in their adjacent areas, in order to verify if they have any impact on the protection of the port. A joint order of the Ministers for Development and the Interior will determine the cases in which the extension of the scope of this royal decree to the adjacent areas and the extension of the same ones is appropriate.

TITLE II

Functions

Article 4. National competent authority for maritime security.

1. The General Secretariat of Transport of the Ministry of Public Works is the body of the General Administration of the State designated as the national competent authority for maritime protection. 2. The functions of the national competent authority for maritime security shall be as follows:

(a) The coordination, implementation and supervision of the implementation of the protection measures provided for in this royal decree and in the rest of the applicable regulations.

b) The approval of the guidelines for the implementation and development of the assessment and the plan for the protection of port facilities.

Article 5. Ministry of the Interior.

The Ministry of the Interior will perform the following functions on maritime security:

1. Set the levels of maritime protection for ships entitled to fly the Spanish flag or for a certain area of navigation in Spanish waters.

2. Set the minimum content of training courses for ship protection officers and for company officers for maritime protection. 3. Set the minimum content of ship protection plans. 4. Coordinate the actions of the State Security Forces and Corps in case of receiving a protection alert. 5. To direct and coordinate the actions in case of actual incident, through the Delegations or Subdelegations of the Government. 6. To establish the levels of marine protection to adopt by the harbour facilities and the ports, informing on the specific additional protective measures to be implemented, in addition to those laid down for these levels by the plans for the protection of the ports and port facilities concerned, when the levels of Protection 2 and 3 as well as the period of time at which these levels are to be maintained for protection 2 and 3. 7. To establish the minimum content of training programs for the protection officers of port and port facilities and for the accreditation of such protection officers. 8. To establish the minimum contents of the plans for the protection of port facilities and ports. 9. Approve assessments of port protection and port protection plans.

Article 6. General Direction of the Merchant Navy.

For the purposes of this royal decree, correspond to the Directorate General of the Merchant Navy the functions that, in the field of maritime safety, are related to the protection of the ships and, in particular, the following:

(a) In relation to Spanish flag vessels: 1. Approve the plans for the protection of ships and their modifications.

2. To verify on board the implementation of the ship protection plans. 3. Issue the corresponding international certificate of ship protection. 4. To verify the training of ship protection officers and company officers for maritime protection. To this end, it is appropriate to approve the training programmes, the conditions for the approval and control of the training centres and the conditions for obtaining the certificates of specialty of the ship and of the official of the company for maritime protection. 5. To authorize recognized protection organizations to act on behalf of the Administration in respect of the protection of ships and in relation to the companies.

(b) With respect to foreign-flagged vessels that touch Spanish port, it shall, as the port State, carry out the relevant checks on maritime security.

Article 7. Port security authority.

1. The port security authority shall be the managing body of the port concerned, with the possibility of designating the same protection authority for more than one port. 2. The following are functions of the port security authority:

(a) To control, in the harbour field, compliance with the regulations affecting the marine protection of the port and port facilities, without prejudice to the competences that correspond to other organs of the public administrations and the responsibilities that correspond to the port's users and dealers in this area.

b) The identification of the port limits and port facilities to which this royal decree applies based on the results of the protection assessments that have been carried out. (c) The approval of the assessment of the protection of port facilities. d) The approval of the port facility's protection plan and its modification. (e) The assessment of port security, including the assessment of the risks of threats that certain facilities outside the port, adjacent to the port, may represent for the port. It may authorise the assessment of a recognised protection organisation for the ports and to process its approval in accordance with Article 10. (f) the preparation of the port protection plan on the basis of the relevant protection assessment, allowing a recognised port security organisation to carry out such a task, and to carry out the processing for its approval in accordance with Article 11. (g) the implementation of the port security plan and ensure its implementation, compliance, updating and improvement, without prejudice to the powers of safety or protection of other bodies. (h) The designation of the port facility protection officer directly managed by the port security authority and the port security officer, assigning his duties and responsibilities. i) The identification of the protection officers of the port facilities granted in concession located in the ports they manage, verify that they comply with the applicable accreditation requirements and that they are assigned, by the holders of such facilities, their duties and responsibilities. (j) inform the national competent authority for maritime security of the identification of the port facilities and of the ports concerned which must be provided with a protection plan. (k) The issuing of the declaration of compliance with port facilities.

3. The port security authority shall decide on the scope of Regulation (EC) No 725/2004 on port facilities located at ports under its ownership which, even if they are primarily used by vessels which are not engaged in international travel, they must sometimes provide services to ships arriving at or from them on an international voyage and shall inform the national authority responsible for maritime security.

Article 8. Advisory Committee on Port Protection.

1. The port security authority shall constitute, for each of the ports it manages, an advisory committee for the protection of the port in order to provide advice in the development of the procedures or guidelines for improvement the implementation of the port security measures. 2. The Advisory Committee for Port Protection shall be composed of the following members:

(a) A representative appointed by the port security authority, who shall chair the committee.

b) A representative of the maritime captaincy. c) The port protection officer, who will act as a voice and vote secretary. (d) A representative of the Government Delegation. (e) A representative of the Customs Administration. f) A representative for each of the State Security Corps and Forces with powers in the port. g) A representative of the Naval Command. (h) A representative of the Administration responsible for civil protection. i) A representative of the Administration responsible for health control.

The members of the Advisory Committee shall be appointed by the President of the Port Authority, on a proposal from the authority responsible for the organ or institution they represent. The port security authority may invite other representatives of public and private organisations and entities related to port security and the port community in the field of such ports to participate in the Committee. 3. The following are functions of the Advisory Committee on Port Protection:

a) Approve your internal operating rules.

(b) Develop procedures and protocols for collaboration and coordination between participating agencies and entities, and between them and the other bodies and entities concerned or interested in matters of protection of the ships, port facilities and ports. c) Propose suggestions and recommendations for the national competent authority for maritime protection for the improvement of the protection of maritime transport, ships, port facilities and ports. (e) Report on the evaluation and the plan for the protection of the port and its amendments, with a view to its approval. f) Attend the port security authority in crisis situations. g) Collaborate in the programming and development of the exercises and practices for the protection of port facilities and ports.

4. The Advisory Committee for the Protection of the Port shall meet at least every six months, and may be convened at any time by any of its members in cases where the existence of threats against protection is advised. maritime ports or port facilities.

5. The port security authority shall provide the administrative and technical support necessary for the functioning of the committee.

Article 9. National contact point for maritime and port security.

The Ministry of Public Transport's General Secretariat for Transport is the national contact point for maritime security and is also the national contact point for port security.

TITLE III

Protective measures and procedures

CHAPTER I

Securing the ports

Article 10. Assessment of port security.

1. Each port security authority shall ensure that an assessment is made of the protection of the ports it manages, including in the field of application of this royal decree. This assessment shall be carried out either by the port security authority or by a recognised port security organisation authorised by it. 2. Port protection assessments shall reflect and properly consider:

a) The peculiarities of the different parts of the port.

b) The areas adjacent to the port that have an impact on port protection. (c) the assessment of the protection of port facilities within the limits of the port.

3. The assessment of the risks of threats which may arise from areas adjacent to the port shall be carried out in a coordinated manner with the holders of those areas and with the administrations with powers in the field of public security in the those areas.

4. Port security assessments shall be carried out in the light of at least the requirements set out in Annex I. 5. The national competent authority for maritime security shall approve the working methodology for the implementation of the port security assessments. 6. The port security authority shall forward the protection assessments to the Ministry of the Interior for approval, after a report by the Advisory Committee for the Protection of the Port and, where appropriate, of the report of the Autonomous Body with powers in the field of public security. 7. The assessment of port security shall be reviewed whenever an event affecting the protection of the port whose risks have not been previously assessed is recorded, a serious non-compliance or a significant change in the port is detected. threats of events affecting the protection of the port and at least every five years from the date of its approval. The review shall take into account possible changes in threats and the modification of the circumstances in which the previous assessment was carried out.

Article 11. Port protection plan.

1. Each port security authority shall draw up a port security plan for each port it manages and is included in the scope of this royal decree. This plan shall take into account the results of the assessment of the protection of the port concerned, carried out in accordance with Article 10. 2. The port security plan shall adequately address the specificities of the different parts of the port, integrate the protection plans of port facilities within its boundaries and include procedures for the protection of port facilities. coordination with other security or emergency plans established at the port. The port security plan shall also specify, for each of the levels of protection referred to in Article 14, the procedures to be followed, the measures to be implemented and the actions to be taken. 3. The port security authority may authorise a recognised protection organisation to draw up the port security plan for one or more ports for which it has been assigned to it. 4. The port security plan shall be drawn up taking into account at least the detailed requirements set out in Annex II, as well as the guidelines and methodology established, where appropriate, by the national competent authority for the port. maritime security. Such a plan shall include protective measures to be applied to passengers and to vehicles which are to be shipped on ro-ro ships carrying passengers and vehicles. 5. The port security authority shall forward the port security plan to the Ministry of the Interior for approval, subject to the report of the advisory committee for the protection of the port and, where appropriate, the autonomous body with powers in matters of public security. 6. The port security authority shall implement the approved protection plan in the port concerned, establishing an internal control of its implementation by the procedure provided for in the protection plan itself. 7. The port security authority shall apply the procedures laid down for the control of the confidentiality of information in accordance with Article 21. 8. The port security plans shall be reviewed at least every five years after their approval; when the result of the relevant protection assessment, carried out pursuant to paragraph 7 of the previous Article, is detected. new threats of events affecting the maritime security of the port, or an aggravation of existing threats when the last protection assessment was carried out and, finally, when a serious non-compliance occurs. 9. The modifications produced as a result of a revision of the port protection plan must be approved by the Ministry of the Interior, prior to its implementation, provided that they affect:

a) The access requirements to the port or any controlled access area.

(b) The requirements for the control of identification documents, baggage and cargo. (c) Procedures for dealing with situations of suspicious circumstances with regard to cargo, luggage, supplies or persons, including the designation of protected areas, and the treatment of incidents of violation of the protection of the port. (d) the requirements for the surveillance of zones, or of the activities carried out therein. e) Communications and the enabling of protection. (f) Notification of incidents of protection. (g) Requirements for training and carrying out exercises and drills. (h) The operational organisation for the protection of the port and the working methods. (i) The procedure for adapting and updating the port security plan.

10. The port security plan may be maintained in electronic format. In such a case it shall be protected by procedures designed to prevent it from being erased, destroyed, altered or accessed without authorisation.

11. The port security plan shall be protected against unauthorised access or disclosure. It is for the national port security authority to enable access to the protection plan to those bodies which, upon reasoned request, require access to the information contained therein. Such consultation shall be limited to the information strictly necessary for the development of its powers.

Article 12. Declaration of compliance with the ports.

1. The ports subject to the requirements of this royal decree must have a declaration of compliance granted by the competent body. Such a declaration shall be requested by the port security authority and shall justify compliance with the provisions of Articles 10 and 11. 2. The declaration of compliance shall be valid for five years from the date of its issuance, and shall be renewed for successive periods of five years, provided that it is previously established that the port meets the requirements laid down in the Articles previous. If the competent body for granting the declaration detects the failure to comply with any of the protection requirements laid down, the port security authority shall take the necessary measures for its correction, communicating to the same and the application program. Those measures and the corresponding implementation programme shall be approved by the national authority responsible for maritime security, prior to its implementation. 3. The declaration of compliance will lose its validity in the following cases:

a) When a serious non-compliance occurs.

b) To verify that the port has ceased to be subject to the requirements of this royal decree.

The competent body for granting the declaration of compliance shall inform the port protection authority of the loss of validity of the declaration, who shall take the necessary corrective measures to ensure that the declaration of compliance is request and obtain the declaration of compliance again.

Article 13. Exercises and practices of protection in the ports.

1. In order to ensure the effective implementation of the port facility's protection plan, the competence of the staff to carry out the tasks of protection entrusted to it and the identification of any deficiencies of the port facility. the system of protection established to be corrected, the port protection officer, heard the advisory committee for port protection, shall carry out the planning and programming of exercises of protection of the corresponding port, in accordance with the provisions of the port security plan, for which the cooperation of the protection officers of the port facilities. These exercises may consist of:

a) A theoretical analysis of certain aspects of port protection based on documents, plans and other elements.

b) An analysis of the physical and operational situation of certain aspects of the port related to protection.

2. At least once a year and at most every 18 months, a port security practice shall be carried out in order to verify the effectiveness of the application of the requirements of the port security plan, for which the necessary collaboration and coordination with the port facilities protection officers located in the port.

3. The national authority responsible for maritime security may promote the execution of exercises or drills at national level.

CHAPTER II

Protection levels

Article 14. Levels of maritime protection.

1. Three levels of maritime protection are established in the ports to which this royal decree applies:

(a) Protection level 1: the level at which adequate minimum protective measures should be maintained at all times.

(b) Level of protection 2: the level at which appropriate additional protective measures shall be maintained over a period of time, as a result of an increased risk of an event affecting the protection maritime. (c) Protection level 3: the level at which more specific protection measures than those included in level 2 shall be maintained for a limited period of time, where an event affecting maritime security is likely or imminent; Although it is not possible to determine the concrete target.

2. The determination of the level of maritime protection shall comply with the following rules:

(a) It is for the Ministry of the Interior to determine the levels of protection in which the ports are to operate. After receiving notification of the level of protection set by the Ministry of the Interior, the port security officer shall immediately take the measures set out in the port security plan for such a level of protection.

(b) The port security authority may, however, take the measures contained in the port security plan corresponding to a level of protection higher than that in which it is operating, in the event of availability of information, which can be considered credible, about the threat of an event against maritime security. The additional protective measures taken in such a case by the port security authority shall be communicated to the Ministry of the Interior, which shall confirm, amend or suspend them immediately. (c) No vessel assigned by its responsible administration shall be admitted to the port for a level of protection lower than the level of protection in which the port is operating. If the Ministry of the Interior or the port security authority, as provided for in point (b) above, agree on the application of measures of another level of protection, they may require the vessel to take the relevant measures.

CHAPTER III

Protection and Accreditation Officers

Article 15. Designation and accreditation of port security officers.

1. The port security authority shall designate a port security officer. Each port will preferably have a port protection officer, but it will be able to share when possible with another port the same protection officer. Where the appointments of the port security officer and the port facility or port facilities are not in the same person, the port security authority shall ensure that there is a close collaboration between the two, giving the effect the precise instructions. 2. The port security officer, as well as personnel with specific protection functions therein, shall have an appropriate level of training in the field of maritime security to perform the duties assigned to them; and they shall have the qualifications or evidence that they have received the training required to act as a protection officer. 3. The port security officers shall perform the function of the contact point for the matters relating to the protection of the port for which they have been designated.

CHAPTER IV

Recognized organizations

Article 16. Recognised protection organisations for ports and port facilities.

Assessments of protection of port facilities, ports, plans for the protection of port facilities and ports, as well as their modifications, may be carried out, subject to authorisation by the port security authority, by a recognised protection organisation for ports and port facilities. Such organisations may also advise the port protection authority in relation to these instruments. The recognised protection organisations for ports and port facilities must have accreditation. By joint order of the Ministers of the Interior and Public Works, the minimum conditions to be met by these organizations to obtain accreditation will be established.

CHAPTER V

Additional control provisions

Article 17. Control of files, reports, and records.

1 Port protection officers who have suffered a protective incident shall draw up a report containing the events and the procedure from the start to the end of the incident, which shall be transmitted, the ship's protection officer, who may have been affected by the incident and the port security authority, as soon as possible. The reports shall be kept for at least three years following the date of issue. 2. The port security officer shall draw up records which shall, for at least three years from the date of issue, keep the following activities and incidents:

a) Training of staff.

b) Exercises and drills. (c) Threats and incidents of protection suffered. (d) Violations of protection. e) Changes in the levels of protection activated. (f) Internal audits. (g) Maintenance, calibration and testing of existing protective equipment and systems at the port facility.

3. All reports and records referred to in this Article shall be protected against unauthorised access or disclosure, and shall be at the disposal of the competent authority which justifiably requests them and has the right to know them, including inspectors carrying out regulatory inspections on ships, port facilities or ports.

Article 18. Non-regulated activities.

Port protection plans should include procedures to ensure that the respective protection is not compromised in cases of any ship-port or ship-ship interface in which an installation is involved. port or ship not covered by Article 3.1.

Article 19. Provision of information on protection prior to the entry of a ship into a port.

1. Any vessel referred to in Article 3.1 requesting port of call shall, in good time, forward the following information to the port security authority and the relevant maritime captaincy:

(a) Confirmation of the existence of a valid certificate of the ship, indicating the name of the authority that issued it.

b) The level of protection to which the ship operates at that time. (c) The level of protection to which the ship has operated in any previous port where it has performed a port-port interface operation. (d) Special or additional protective measures taken by the ship in any previous port where it has carried out a port-port interface operation. (e) Procedures for the protection of the ship during any vessel-to-ship activity. (f) Any other practical information relating to the protection, with the exception of the content of the ship's protection plan, in accordance with the recommendations contained in Part B of the ISPS Code.

The information referred to in points (c), (d) and (e) shall comprise the information relating to the last ten port facilities visited by the vessel.

The content of such information shall be sent by the port security authority to the port security officer, to the port facility security officer where the vessel intends to call and to the port. corresponding Command of the Civil Guard. 2. The information referred to in the preceding paragraph shall be provided:

a) At least 24 hours in advance of the vessel's entry into the port.

(b) At the latest at the time the vessel leaves the previous port, if the duration of the voyage is less than 24 hours. c) If the port of call is not known or if it is modified during the journey, from the time that port of call is known.

3. The port security authority shall refuse entry to the port for any vessel in respect of which the information required under paragraph 1 is not received, except where the vessel is exempted from the provision of such information under the terms of the established by paragraph 5 of this Article.

4. The port facility and port security officer shall draw up a report on the procedure followed with each vessel which has been subject to an event affecting maritime security. 5. The Directorate-General of the Merchant Navy, upon justified request of the company, may exempt from the obligation laid down in paragraph 1 to vessels engaged in regular services between port port facilities located in Spanish territory, provided that the following conditions are met:

(a) that the operator of the regular services makes a list of the vessels concerned and has a list of the vessels concerned and transmits it to the maritime captaincy and to the protection authority of the ports of call concerned.

(b) For each voyage made available to the maritime captaincy and the port security authority, on request, the information referred to in paragraph 1 of this Article.

6. Where an international regular service is provided between a Spanish port and another State belonging to the European Union, the Directorate-General of the Merchant Navy may request the competent authority of the other State to grant a exemption for that service in accordance with the conditions laid down in paragraph 5. Likewise, the General Direction of the Merchant Navy will be the competent authority for the granting of the exemptions requested by another State for the Spanish ports of call, having to issue a report prior to the authority of harbour protection Spanish.

7. Every six months, the maritime captaincy and the port security authority concerned shall verify compliance with the conditions laid down in paragraph 5 of this Article. If any of the conditions set out in the exemption will cease to be fulfilled, the General Directorate of the Merchant Navy will be informed of this, which will leave without effect the exemption granted to the company, giving transfer to the same of its resolution. The Directorate-General of the Merchant Navy will draw up a list of companies and vessels that enjoy exemptions from this article, which must be kept up to date, and forwarded by the General Secretariat of Transport to the Commission. European and any Member State affected by the regular lines of companies benefiting from such exemptions. Without prejudice to paragraph 5, the maritime captaincy or the port security authority may, for reasons of security and safety, and if appropriate, request that the information referred to in paragraph 1 be provided to it. 1 of this article, before the entry of the vessel to the port.

Article 20. Control of access to ports.

1. The control of access to the ports shall be carried out in accordance with the relevant protection plan. 2. Access control systems shall not prevent or restrict the performance of persons components of the State Security Corps or Forces, or any other authority with competence in the port area, provided that they are duly accredited and identified, the necessary collaboration and reciprocal information must be provided between the components of the Security Forces and Corps and the members of access controls, for the best and most effective compliance with the functions of both.

Article 21. Treatment of protection information.

The port security authorities, as well as the public and private entities and bodies responsible for implementing this royal decree, will have to establish and implement the necessary procedures to ensure the maintenance of the confidentiality of the materials dealt with therein, against unauthorised access or disclosure, in particular with regard to:

(a) Information on protection assessments and plans for the protection of ships, port facilities and ports.

b) Information regarding the reports and records provided for in this royal decree.

The duty of confidentiality in respect of the reports and records referred to in Article 17.3 shall also be complied with.

Article 22. Monitoring of the implementation of the legislation on maritime security.

A system of inspections shall be established to ensure the periodic monitoring of the implementation of port protection plans. The following aspects of the inspection system shall be regulated by a joint order of the Ministers for Development and the Interior:

(a) Minimum capacity requirements, functions and responsibilities of inspectors.

b) Procedures for the recognition and accreditation of inspectors. (c) General rules for the operation of the system of inspections. (d) Training plan for inspectors. (e) Procedure for the processing and documentary check of the relevant reports. (f) Procedures to ensure the confidentiality of information relating to inspections.

Additional disposition first. Assignment of functions in ports of general interest and in port facilities located in the service area thereof.

1. The port authorities of the ports of general interest will have the consideration of harbour protection authority of the ports whose management they have attributed and must exercise the functions that they entrust to them this royal decree. 2. The public body Ports of the State shall carry out the following functions on port security:

(a) General coordination with the different bodies of the General Administration of the State that have assigned powers in relation to the protection of port and port facilities.

(b) The granting of the declaration of port compliance, as provided for in Article 12. (c) the accreditation of the officers for the protection of port and port facilities, in accordance with the procedure approved by the Governing Council, and the approval of training centres. The minimum content of the courses must be approved in accordance with the criteria indicated by the competent authority of the Ministry of the Interior. The accreditation shall be valid for a period of five years, the procedure for obtaining its renewal being determined by the governing body, as well as the cases involving the loss of validity thereof. (d) The development, implementation and implementation of the system of inspections on the implementation of the plans for the protection of port and port facilities. e) The recognition and accreditation of protected organizations for port facilities and ports. f) The setting of criteria for the establishment of agreements between Spanish ports and those of other Contracting Governments of the SOLAS Convention as amended, in terms of port security so that, during the port-port interface, In order to maintain the effectiveness of the regulatory protective measures, maritime traffic can be facilitated, in particular in the field of intermodality, logistics and combined transport, as well as in the field of transport. short sea shipping, and in the maritime traffic of passengers and vehicles on ships of Ro-ro passenger transport. (g) the development, administration and control of a computer system that facilitates the implementation of the regulations concerning the protection of port facilities and ports of the Spanish port system, the management of port security, the liaison between other bodies at national and international level related to such legislation, as well as easy access to the information contained in the relevant protection plans and safeguarding the maintenance of the confidentiality of the information that is managed in that system. (h) The development of port security management systems that allow for their integration with other security control systems required in the port area by other regulations.

Additional provision second. Integration of protection information into the single scale document.

The Ministry of Public Works may establish the integration of information on protection which, in accordance with the provisions of Article 19, must supply the ship, in the single-scale document regulated in the Order FOM/30 56/2002 of 29 November, establishing the integrated procedure of scale in ports of general interest.

Additional provision third. Coordination of the port protection plan with other protection plans.

The port protection plan should incorporate the necessary coordination procedures with other civil protection plans, in particular with the port's internal emergency plan provided for in Article 132.2 of the Law. 48/2003, as well as with the internal contingency plan of the port referred to in Article 129.1 of that law.

Single transient arrangement. Sanctioning regime.

Until a specific regime sanctioning in matters of port protection is approved by law, the regime provided for in Title IV of Law 27/1992, of 24 November, of Ports of the State and of the Merchant Navy will be applied. where appropriate, the rules governing public security.

Final disposition first. Competence rating.

This royal decree is dictated by the powers that Article 149.1.20ª and 29th of the Constitution attribute to the State in the field of the merchant marine and public security.

Final disposition second. Incorporation of European Union law.

By this royal decree, Directive 2005 /65/EC of the European Parliament and of the Council of 26 October 2005 on the improvement of port security is incorporated into Spanish law.

Final disposition third. Regulatory enablement.

The Minister of Public Works and the Minister of the Interior, in the field of their competences, will approve the precise rules for the development and implementation of this royal decree.

Final disposition fourth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on December 7, 2007.

JOHN CARLOS R.

First Vice-President of the Government and Minister of the Presidency, MARIA TERESA FERNÁNDEZ DE LA VEGA SANZ

ANNEX I

Assessment of port protection

The assessment of port security is the basis for the development of the port security plan and its subsequent implementation. That assessment shall include at least the following:

1. Identification and assessment of the goods and infrastructure to be protected.

2. Determination of the possible threats to these goods and infrastructures and the likelihood that they will be realized, in order to establish protection measures and a hierarchy of the same. 3. Determination, selection and hierarchy of countermeasures and procedural changes and their degree of effectiveness in reducing vulnerability. 4. Determination of weak points, including those related to the human factor, in infrastructure, policies and procedures.

To this end, the assessment shall include at least the following:

1. Determination of all areas of the port relevant for protection, which includes the setting of the limits of the port. This includes port facilities already subject to the provisions of Regulation (EC) No 725/2004, the risk assessment of which will serve as a basis.

2. Determination of the protection-related aspects of the interface between the port facility and other port security measures. 3. Identification of port personnel to be subjected to a background check or security clearance due to their incidence in high-risk areas. 4. Subdivision of the port, if deemed appropriate, according to the probability of events affecting maritime security. The areas shall not be considered solely on the basis of their profile as a possible target, but also on the basis of their potential as a place of passage to neighbouring areas which may become the target of such acts. 5. Determination of variations in risk, e.g. seasonality. 6. Determination of the specific characteristics of each sub-area, such as situation, access, electricity supply, communications system, property, users and other factors considered relevant for the protection. 7. Elaboration of threat scenarios for the port. The entire port, or specific parts of its infrastructure, cargo, baggage, persons or transport equipment in the port, may be the direct target of an identified threat. 8. Establishment of the concrete consequences of an alleged threat. The consequences may have an impact on one or more sub-areas. Both direct and indirect consequences should be determined. The risk of human victims deserves particular attention. 9. Determination of the possible side effects of a security attack. 10. Determination of the vulnerabilities of each sub-area. 11. Determination of all organisational aspects relevant to port security in general, including the diversity of authorities, rules and procedures. 12. Determination of the vulnerabilities related to the organizational, normative and procedural aspects of the global protection of the port. 13. Determination of measures, procedures and actions to reduce critical vulnerabilities. Particular attention should be paid to the need and means of controlling access or restricting access to the entire port or to specific parts thereof, such as the identification of passengers, port employees and other workers, visitors and crews, area or activity surveillance requirements, and cargo and baggage control. Measures, procedures and actions should be adapted to the perceived risk, which may differ between port areas. 14. Determination of the measures, procedures and actions to be strengthened in the event of an increase in the level of protection. 15. Determination of specific requirements to deal with classic problems such as cargo, luggage, fuel, supplies or persons "suspected", unknown packages or known hazards (e.g. a bomb). Analysis and recommendations should be included here on when the situation on the ground should be resolved and when the source of risk should first be transported to a safe place. 16. Determination of measures, procedures and actions to limit and mitigate the consequences. 17. Definition of division of tasks to allow for proper and proper implementation of the measures, procedures and actions established. 18. Particular attention, if appropriate, to the relationship with other protection plans (e.g. port facility protection plans) and other existing protection measures. The relationship with other response plans (e.g. oil spill response plan, port contingency plan, medical intervention plan, nuclear disaster plan, etc.) should also be addressed. 19. Determination of the communication requirements for the implementation of the measures and procedures. 20. Particular attention to measures to preserve confidential information related to protection from its disclosure. 21. Determination of the knowledge needs of all directly involved instances, as well as the general public, if appropriate.

ANNEX II

Port Protection Plan

The port security plan will establish port security measures. It will be based on the conclusions of the port security assessment. The measures in the plan shall be clearly specified and in detail. The plan shall include a control mechanism that allows, if necessary, the adoption of appropriate corrective measures.

The port security plan shall include at least the following general aspects:

1. It shall define all areas relevant to port security. Depending on the assessment of port security, measures, procedures and actions may differ in the different sub-areas. Indeed, some sub-areas may require more stringent preventive measures than others. Special attention should be paid to interfaces between sub-areas as determined in the assessment of port security.

2. It shall coordinate the measures applied to areas with different characteristics from the point of view of protection. 3. It shall establish, where appropriate, variable measures according to the different parts of the port, changes in the levels of protection and information obtained from the intelligence services. 4. It will end an organizational structure that contributes to the improvement of port protection.

On the basis of these general aspects, the port security plan will attribute tasks and specify job plans in the following areas:

1. Access requirements. In some areas the requirements will only come into force when the levels of protection exceed a certain threshold. All requirements and thresholds must be set out in detail in the port security plan.

2. Identification, baggage control and loading documents. These requirements may or may not apply to sub-areas; they may also be applied in their entirety or in part to the different sub-areas. Persons who access or circulate in a sub-area may be subject to control. The port security plan shall be appropriately adjusted to the conclusions of the port security assessment, which is the instrument by which the protection requirements for each sub-area at the various levels of port security shall be determined. protection. Where special identity documents are drawn up for port security purposes, clear procedures for their dispatch, use control and return shall be established. Such procedures shall take into account the specificities of certain groups of port users, so that special measures are possible to limit the negative effects of the access control requirements. At least the seafarers, officials of the authority, persons working in the port or regularly visited, residents and persons working in the port or visiting the port shall be included as categories. 3. Liaison with the competent authorities regarding cargo, baggage and passenger control. Where necessary, the plan shall have a link between the information and authorisation systems of those systems, including any prior authorisation systems. 4. Procedures and measures to deal with cargo, baggage, fuel, provisions or suspected persons, including the establishment of a safe zone; procedures and measures for other problems and failures of port security. 5. Subzone surveillance or activities that take place therein. The need for technical solutions and the possible implementation of these solutions will result from the assessment of port security. 6. Signalling. Areas which are subject to any requirements (access and/or control) must be properly signposted. All applicable rules shall be duly taken into account for the control and access requirements. In addition, the monitoring and surveillance of activities should be timely. 7. Communication and authorisations. Any relevant information on port security shall be adequately communicated if such communication can be authorised in accordance with the criteria set out in the plan. Given the confidential nature of such information at times, the communication will be in accordance with the principle of "need for knowledge", although it will include, where necessary, communication procedures for the general public. The plan shall contain authorisation criteria that protect confidential information against undue disclosure. 8. Notification of events affecting maritime security. In order to ensure a rapid response, the port security plan should set clear notification obligations for the port security officer and/or the port security authority in relation to all events affecting the port security. maritime security. 9. Integration with other preventive plans or activities. The plan should specifically address integration with other preventive and control activities in place at the port. 10. Integration with other response plans and/or incorporation of specific measures, procedures and response actions. The plan should detail interaction and coordination with other reaction and emergency plans. If necessary, any conflicts and deficiencies should be resolved. 11. Training and practice descriptions. 12. Operational organisation and procedures for port security. The port security plan shall specify in detail the organisation of port security, its division of tasks and its procedures. It shall also describe in detail the coordination with the ship protection officers and port facilities, if appropriate. 13. Procedures for adapting and updating the port security plan.

ANNEX III

Conditions to be met by a recognized protection organization for port and port facilities

The recognised protection organisation must be able to credit, without prejudice to any additional requirements under this Regulation, to be required, as follows:

1. Specialised knowledge of the relevant aspects of port security.

2. Adequate knowledge of the operations of the vessels and the ports, as well as the design and construction of the port. 3. Proper knowledge of other operations that may affect port security. 4. Risk assessment capacity for port security, including the port-port interface, and the way to minimise such risks. 5. Ability to update and improve the expertise of its port security personnel. 6. Ability to control that your staff is at all times of your trust. 7. Ability to maintain appropriate measures to prevent unauthorized disclosure of confidential material on protection, or unauthorized access to it. 8. Knowledge of relevant national and international legislation, as well as protection requirements. 9. Knowledge of current trends and threats in relation to protection. 10. Capacity for the recognition and detection of dangerous weapons and substances or devices. 11. Capacity for the recognition, without discrimination, of the characteristics and patterns of behaviour of persons likely to pose a threat to port security. 12. Knowledge of the techniques used to circumvent protective measures. 13. Knowledge of protection and surveillance equipment and systems, and of their operational limitations.

A recognised protection organisation that has carried out or reviewed a port security assessment for a given port shall not be able to draw up or revise the port security plan.