The International Convention on Civil Liability arising from damages due to the pollution of the waters of the sea by hydrocarbons, signed in Brussels on 29 November 1969, and ratified by Spain with a date of 8 In December 1975, it entered into force, as provided for in Article 15, on 7 March 1976.

In this Convention, it is established that the owners of the vessels to which he refers shall be obliged to ensure adequate compensation for damage caused by pollution claims in the territory or at sea. territorial of any of the States subscribing to the Convention. In order to ensure the effectiveness of this obligation, the owner of the ship is required to take out insurance or other financial guarantee to cover liability for damage caused by pollution. Furthermore, it is established that each Contracting State shall require such insurance or financial guarantee, it shall not give permission to trade the vessels covered by the Convention flying its flag if they do not bear the relevant certificate and take appropriate measures to ensure that ships, irrespective of their country of registration, are provided with the certificate to enter or leave their territory or to arrive and leave a anchorage or terminal at sea. territorial.

In order to enable the precise convention to be implemented, the Ministerial Orders of 4 March 1976 were issued, and of 24 February and 31 December 1977.

By the Protocol, made in London on 27 November 1992, the International Convention on Civil Liability arising from damages due to the pollution of the waters of the sea by hydrocarbons of 1969 was amended. Spain acceded to the said Protocol on 6 June 1995 and simultaneously denounced the 1969 Convention.

The entry into force of the 1992 Protocol has involved significant changes with regard to the 1969 Convention, including the variation of the limits of liability, the modification of the definitions contained in the Article 1 of the text or the possibility of issuing certificates not only for vessels flying the flag of a Contracting State, but also for ships not registered in the Contracting State.

All this determines the need to adopt a new rule laying down the rules necessary for the implementation of the amended convention and, at the same time, to regulate in a single provision the various aspects related to the requirement and control by the maritime administration of the issued insurance or financial guarantee certificates.

On the other hand, one of the new features of the 1992 Protocol is the establishment of a system of amendment of the limits of liability by means of agreements adopted within the Legal Committee of the Organization. Maritime International. The first amendment, which has raised the limit by approximately 50%, was adopted by the Legal Committee at its 82nd session, by means of Resolution LEG 1 (82), adopted on 18 October 2000 and published in the Bulletin State Officer " on October 3, 2002.

This new system of amendment gives the amounts of liability limits a temporary character, a circumstance which advises that the rules of national law do not establish a quantification of the limit of responsibility, but instead carry out only a referral to the liability limit corresponding to the tonnage of the vessel, in accordance with the provisions of the 1992 Convention.

This solution allows the internal law rule to be out of date and can provide for future changes in the limits that are produced under the system of the convention and which are in force for the Kingdom of Spain.

Finally, the practical experience accumulated after the years of application of the 1969 Convention expressly advises on the obligation to take out insurance, or to provide another financial guarantee, to cover the liability for damage caused by pollution, to prove compliance, as well as to regulate the consequences arising from non-compliance with such an obligation.

To this end it obeys this royal decree, which contains the necessary rules for the execution of the established in the International Convention on the civil liability derived from damages due to the pollution of the waters the sea for hydrocarbons, currently in force.

In its virtue, on the proposal of the Second Vice President of the Government and Minister of Economy and Finance and the Minister of Development, according to the State Council and after deliberation by the Council of Ministers at its meeting of the September 10, 2004,

D I S P O N G O:

Article 1. Coverage of civil liability for damages caused by the pollution of the waters of the sea by hydrocarbons.

1. In accordance with Article 7 (1) of the International Convention on Civil Liability for Damage Due to Pollution of the Sea by Hydrocarbons of 1969, as amended by the Protocol made in London on 27 September, In November 1992 (hereinafter the 1992 Civil Liability Convention), which Spain joined with a date of 6 June 1995, the owners of vessels carrying more than 2,000 tonnes of oil in bulk as cargo will have to to take out insurance or a financial guarantee covering its liability for damage caused by the pollution, as set out in that convention.

2. Navigation shall be prohibited for any Spanish merchant vessel which carries more than 2,000 tonnes of oil in bulk, as a cargo, if it does not carry on board the certificate of the existence, with full validity, of the insurance or financial guarantee referred to in paragraph 1

3. Navigation by the territorial sea and inland waters of Spain shall be prohibited for any foreign merchant vessel which carries, as a bulk cargo, more than 2,000 tonnes of oil if it does not carry on board an insurance or other certificate. 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.

4. The Maritime Capitanies may require the presentation of the said certificate when carrying out the entry or exit of the vessels to which the preceding paragraphs apply, and may, in addition to the opening of the corresponding the case of the sanctioning file according to Law 27/1992, of 24 November, of Ports of the State and of the Merchant Navy, ordering the immobilization and the necessary measures to prevent any spill, of the infringing ships that do not comply with the obligations set out in those paragraphs.

Article 2. Definitions.

For the purposes of this royal decree, the definitions included in Article 1 of the 1992 Civil Liability Convention relating to "ship", "person", "owner", "State of registration of the vessel", are understood to be incorporated. "hydrocarbons", "pollution damage", "preventive measures", "event", "organisation" and "1969 Civil Liability Convention".

Article 3. Rules applicable to the certificate.

The certificate of proof of the existence of the insurance or financial guarantee referred to in Article 7 of the agreement shall be in accordance with the rules laid down in this royal decree.

Article 4. Certificate of proof of insurance.

When the base of the certificate is an insurance, it must be arranged with insurance companies that have obtained authorization from the Ministry of Economy and Finance to operate in the field 12, " Civil liability in vehicles (a) of those provided for in paragraph A, 'Classification of risks by classes', of the additional provision of Law No 30/1995 of 8 November 1995 on the organisation and supervision of private insurance, or in a country belonging to the European Economic Area, exercise their activity in Spain under the right of establishment or the freedom to provide services.

The insurance may be formalized either by a specific policy, or as a cover more than the policies that the owners of the vessels have to cover their liability or other risks.

Article 5. Certificate of credit for a financial guarantee.

When the basis of the certificate is a financial guarantee, it must have been granted by entities duly authorized to do so, in accordance with the law applicable to it.

Article 6. Coverage limits.

1. The insurance or financial guarantee shall cover the liability of the owner of the vessel in the form, conditions and for the amount, in special drawing rights and in accordance with the tonnage of the vessel, resulting in accordance with the provisions of the Civil Liability Convention of 1992.

The limit of insurance coverage or financial guarantee will be in force at any time, for which account will be taken of the amendments to the limit values that may be adopted by resolution of the Legal Committee, by application of the amendment procedure established under Article XIIb, "Final clauses" of the Civil Liability Convention of 1992.

2. For the purposes of this Article, the tonnage of vessels shall be the gross tonnage calculated in accordance with the rules on the determination of tonnage set out in Annex I to the 1969 International Convention on tonnage of ships.

For the purposes of the definition of special drawing rights and their conversion, this will be provided for by the number 9 of the Civil Liability Convention of 1992.

Article 7. Duration of coverage.

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 Spain.

2. The effects of insurance or financial collateral shall be regulated in accordance with the provisions of Article 7.5 of the Civil Liability Convention of 1992.

3. The above paragraph shall apply to any modification which has the effect of altering the insurance or the guarantee in such a way that it does not satisfy the terms of the agreement.

Article 8. Certificate request.

1. The certificate of insurance for the existence of insurance shall be applied to the Directorate-General for Insurance and Pension Funds by the 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 certificate of the existence of a financial guarantee shall be requested from the authority under whose supervision the entity granting the financial guarantee is located by the respective owners of the vessels or the financial entities that grant the guarantee.

The application must be made in advance not less than 20 days from the date on which the certificate is intended, except in duly justified exceptional cases where the issuing authority of the certificate may reduce the time limit.

2. The application shall be accompanied by the insurance document (blue letter) or the financial guarantee and, duly completed, the questionnaires required by the Directorate-General for Insurance and Pension Funds or the supervisory authority. for the owner of the ship, the insurance institution or entities or the guarantors.

3. The certificate shall conform to the uniform model annexed to the convention, and a copy of the certificate shall be sent to the General Directorate of the Merchant Navy.

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 vessels registered in Spain and for vessels registered in a non-Contracting State.

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

1. If, during the period of validity of the certificate, the insurance contract or the financial guarantee reduces or loses its effectiveness, the issuing authority shall, as soon as it becomes aware of this, make the cancellation and withdrawal of that certificate, communicating it to the General Directorate of the Merchant Navy, and, if necessary, publish the appropriate notices.

2. The owner of the vessel, the insurance undertaking or the guarantor is obliged to immediately inform the issuing authority of the certificate of any circumstances leading to the extinction, loss or reduction of the effectiveness of the insurance or of the financial collateral.

3. The owner, in addition, is obliged to return the corresponding certificate to the issuing authority of the latter.

Single repeal provision. Regulatory repeal.

Any provisions of equal or lower rank shall be repealed as opposed to the provisions of this royal decree, and in particular the following provisions:

(a) The Order of 4 March 1976 laying down rules for the implementation of the provisions of the International Convention on Civil Liability arising from damage caused by pollution of the waters of the sea by Hydrocarbons.

(b) The Order of 24 February 1977 on the dispatch and navigation of ships carrying oil in bulk.

(c) The Order of 31 December 1977 laying down rules for the application of the Order of 24 February 1977 on the dispatch and navigation of ships carrying oil in bulk.

Final disposition first. Enable to dictate instructions.

The Directorate-General of the Merchant Marine and the Directorate-General for Insurance and Pension Funds shall, within the scope of their respective powers, dictate the instructions for service necessary for the implementation of this Directive. royal decree.

Final disposition second. Entry into force.

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

Given in Madrid, 10 September 2004.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ