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Royal Decree 210/2004 Of 6 February, Which Establishes A System Tracking And Shipping Information.

Original Language Title: Real Decreto 210/2004, de 6 de febrero, por el que se establece un sistema de seguimiento y de información sobre el tráfico marítimo.

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TEXT

On 27 June 2002 Directive 2002/59/EC of the European Parliament and of the Council on the establishment of a Community monitoring and information system on maritime traffic and repealing the Directive was adopted. Council Directive 93 /75/EEC, which is an important initiative aimed at the introduction of a uniform European system for the control of sea shipping, which will make it compatible with the Community's freedom of navigation with the the protection of maritime safety and the prevention of pollution of the marine environment.

The immediate precedent of this rule is found in Council Directive 93 /75/EEC of 13 September 1993 on minimum requirements for ships bound for or departing from the Community's seaports. (a) they and transport of dangerous or polluting goods, which established a system whereby the competent authorities of the Member States are provided with information on vessels of origin or destination in Community ports carrying on dangerous or polluting goods, as well as accidents occurring at sea. The transposition of that directive was carried out by Royal Decree 1253/1997 of 24 July 1997 on minimum requirements for ships carrying dangerous or polluting goods, with origin or destination at sea ports. national.

Directive 2002 /59/EC seeks, first of all, to establish a more complete and integrated system for monitoring and reporting of maritime traffic.

Also, it requires the use of technological advances fundamental to maritime safety, such as those that allow an automatic identification of ships (SIA system) or record the data of the voyage (RDT system). or "black boxes") to facilitate post-maritime accident investigations.

Another important development of Directive 2002/59/EC is to address the regulation of assistance to ships which are in danger in line with the guidelines adopted by the European Parliament. International Maritime Organisation (IMO) on 5 December 2003, by Resolution A. 949 (23) on guidelines for places of refuge for ships in need of assistance, in accordance with which, while the coastal States they are not obliged to authorise the access of the vessels to a place of refuge, if they must weigh In balance, the factors that such a measure entails, which is why Directive 2002/59/EC imposes on Member States the duty to draw up plans to house ships in distress in the waters under their jurisdiction.

Article 108 of Law 62/2003, of 30 December, of fiscal, administrative and social measures, has initiated the incorporation into Spanish law of Directive 2002/59/EC, providing that the competent bodies in A merchant marine may establish conditions for authorizing the entry of a ship requesting refuge in a port or shelter, in order to adequately protect the safety of persons, of maritime traffic, of the environment the environment or the goods concerned, and in establishing that the measure, for which the The consequences of such an assessment may not be assessed, but may also be subject to the provision of an economic guarantee by the owner, the operator or the loader of the vessel.

This royal decree aims to complete the incorporation into the Spanish legal order of Directive 2002 /59/EC and, at the same time, to develop the mandate contained in article 108 of Law 62/2003, of December 30. It is not obligatory, as has been indicated, the granting of authorization to ships requesting access to a place of refuge, by means of this royal decree determine the criteria and the rules according to which the maritime authority must act when a ship in need of assistance requests entry, so that the damage that is likely to arise from access to the place of refuge is lower than other alternative measures of assistance to the ship would continue to be used.

In its virtue, on the proposal of the Minister of Public Works, 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 on February 2004,

D I S P O N G O:

CHAPTER I

General provisions

Article 1. Object.

1. This royal decree aims to establish a system of monitoring and information on maritime traffic in waters in which Spain exercises sovereignty, sovereign rights or jurisdiction, in order to increase security maritime and the effectiveness of such traffic, improve the capacity of the maritime administration to respond to problems, accidents or potentially dangerous situations at sea, including search and rescue operations and contribute to a greater early detection and better prevention of the contamination that may be caused by the vessels.

2. Masters, operators and agents of vessels, as well as shippers or owners of dangerous or polluting goods carried on board, shall be obliged to comply with the requirements and conditions laid down in this Regulation. establish in this royal decree. The Maritime Administration shall take the administrative and penalty enforcement measures necessary to this end.

Article 2. Scope.

1. This royal decree shall apply to vessels of gross tonnage equal to or greater than 300 tonnes, provided that it is expressly not established otherwise.

2. It shall not apply, without prejudice to the provisions of the fourth additional provision, to vessels affected by national defence or other vessels of ownership or public use, provided that they provide non-commercial public services.

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

4. For the purposes of the application of the rules for the notification and monitoring of ships, the provisions and equipment on board ships and the fuel for use shall not be considered as goods subject to the obligations under this royal decree. own in quantities of less than 5000 tonnes.

Article 3. Definitions.

For the purposes of this royal decree, it is understood by:

(a) Relevant international instruments: the following instruments which are in force on 27 June 2002:

1. MARPOL: the International Convention for the Prevention of Pollution from Ships, 1973, and its Protocol of 1978.

2. SOLAS: the International Convention for the Safety of Human Life at Sea, as well as the relevant protocols and amendments.

3. The International Convention on the Tonnage of Ships, 1969.

4. The International Convention on High-Sea Intervention in Cases of Accidents Causing a Hydrocarbon Pollution of 1969 and the 1973 Protocol on High-Sea Intervention in Cases of High Seas contamination by substances other than hydrocarbons.

5. Convention SAR: the International Convention on Maritime Search and Rescue, 1979.

6. IGS Code: The International Security Management Code.

7. IMDG Code: the International Maritime Code for the transport of dangerous goods.

8. CIQ Code: The International IMO Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk.

9. The IGC Code: the IMO International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk.

10. ° BC Code: IMO Code of Safety Practices regarding bulk solid loads.

11. No. CNI Code: the IMO Code for the Safety of the Transport of Irradiated Nuclear Fuel, Plutonium and High-Radioactive Radioactive Waste of Radioactivity In Cargo on Board of Ships.

12. IMO Resolution 851 (20): International Maritime Organization Resolution 851 (20) entitled " General principles for ship reporting systems and ship reporting requirements, including guidelines for reporting events involving dangerous goods, harmful substances or sea pollutants. "

b) Operator: the owner or owner of the vessel.

c) Savers: Company contracted by the operator or by the shipping company to try to save the ship and the cargo.

(d) Agent: the consignee of the vessel and, in general, any person in charge or authorised to deliver information on behalf of the vessel operator.

(e) "Expedidor" means any natural or legal person who has concluded or in whose name or on whose behalf a contract for the carriage of goods by sea has been concluded with a carrier.

(f) Business or shipping company: the natural or legal person who, using his or her own merchant ships, is engaged in exploitation, even if this does not constitute its principal activity, in any form accepted by international uses.

g) Buque: all vessels or vessels sailing by sea.

h) Dangerous goods: are as follows:

1. The goods classified in the IMDG Code, including the radioactive materials referred to in the CNI Code.

2. The hazardous liquid substances listed in Chapter 17 of the CIQ Code.

3. The liquefied gases listed in Chapter 19 of the IGC Code.

4. The solid substances referred to in Appendix B of the BC Code.

5. The goods for which the appropriate prior conditions have been laid down in accordance with the provisions of paragraph 1.1.3 of the CIQ Code or the IGC Code paragraph 1.1.6.

i) Polluting goods:

1. The hydrocarbons as defined in Annex I to the MARPOL Convention.

2. Harmful Liquid Substances, as defined in Annex II to the MARPOL Convention.

3. The harmful substances as defined in Annex III to the MARPOL Convention.

(j) Freight transport units: vehicles for the carriage of goods by road, wagons for the carriage of goods by rail, containers, road tankers, tank wagons or mobile cisterns.

k) Address: the name or the name and the communication links to establish contact in case of need with the operator, the agent, the maritime administration, the ports of the State or the managing body of the port or other person or body empowered to hold detailed information on the cargo of the vessel.

l) Maritime administration: the General Directorate of the Merchant Navy and, under its direction, the Maritime Capitanies and the business public entity Company of Marine Salvage and Safety (SASEMAR).

m) Port administration: the public authority Ports of the State and the Harbour Authorities in the field of the General Administration of the State, and the corresponding harbour organs in respect of the dependent ports of the Autonomous communities.

n) Place of refuge: a port or part of the port, any berth or anchorage is natural or artificial, or any other area established by the Maritime Administration to accommodate ships in need of assistance.

n) Coastal station: the rescue coordination centres attached to the business public entity Salvamento and Maritime Safety (SASEMAR).

o) Maritime Traffic Service (STM): the one that is established to improve the safety and effectiveness of maritime traffic and to protect the marine environment, with the capacity to act on traffic and to respond to situations In relation to this they are raised in the area STM.

p) Traffic organization systems: any system of one or more routes or segments of these established to reduce the risk of accidents, including traffic separation devices, routes in a double sense, Recommended defeats, areas to be avoided, coastal traffic areas, turns, precautionary zones and deep water losses.

q) Historical or period ships: all kinds of historical ships and their replicas, including those designed to promote and promote traditional and nautical trades, which serve as living cultural monuments, governed by the traditional principles of nautical and technical.

r) Accident: the one defined as such in the IMO Code for the investigation of maritime accidents and incidents.

s) EDI system: electronic data exchange system.

t) RDT: traversal data logger system.

u) SIA/AIS system: system for the automatic identification of ships.

v) Compulsory ship notification system: the areas, routes or segments of ships previously demarcated and approved as such by the IMO, in which ships travelling or crossing them are obliged to notify the Maritime administration data that is considered relevant for the purpose of preserving maritime safety and the integrity of the marine environment.

w) Spanish sea waters: those in which Spain exercises sovereignty, sovereign rights or jurisdiction.

CHAPTER II

Notification and monitoring of ships

Article 4. Prior notification of entry to the Spanish ports.

1. The operator, agent or master of a vessel bound for a Spanish port shall notify the information referred to in paragraph 1 of Annex I to the port managing body, at least 24 hours in advance of arrival at the port or at the time when the port is the ship leaves the previous port, if the duration of the voyage is less than 24 hours, or as soon as such information is available, if the port of call is not known or has changed during the voyage.

2. Vessels from an extra-Community port and destined for a Spanish port carrying dangerous or polluting goods shall comply with the notification obligations laid down in Article 13.

Article 5. Monitoring of ships entering the area of mandatory ship reporting systems.

1. Provided that a mandatory ship notification system has been implemented, adopted by the IMO in accordance with the provisions of Regulation 11 of Chapter V of the SOLAS Convention and applied by one or more States, of which at least one is a member of the Union European, the Maritime Administration shall take appropriate measures to ensure that vessels falling within the scope of such a system are able to notify the relevant information, without prejudice to any additional information which may be requested on the basis of in IMO Resolution A. 851 (20).

2. Where the Directorate-General of the Merchant Navy proposes a new mandatory system for the notification of ships to the IMO for implementation or when it makes a proposal to amend an established notification system, it shall include in its at least the information referred to in paragraph 4 of Annex I.

Article 6. Use of automatic identification systems.

1. Any vessel calling in a Spanish port shall be equipped, in accordance with the timetable set out in paragraph 1 of Annex II, with an SIA system which complies with the requirements laid down by the IMO.

2. Ships equipped with an SIA shall keep it in operation at all times, except in cases where international agreements, rules or standards provide for the protection of nautical information.

Article 7. Use of traffic organization systems.

1. The Maritime Administration shall require all vessels to enter the area of a compulsory system of traffic organisation adopted by the IMO on the basis of Regulation 10 of Chapter V of the SOLAS Convention and used by Spain and, in its case, by some other State, to use the system in accordance with the relevant guidelines and criteria laid down by the IMO and to monitor these vessels.

2. In establishing under its responsibility a system of traffic organisation which has not been adopted by the IMO, the Maritime Administration and, where appropriate, the competent port administration shall take into account as far as possible the guidelines and the criteria established by that body and shall disseminate all information necessary for the safety and effective use of the said system.

Article 8. Monitoring of the compliance of the traffic service by the vessels.

The maritime administration will monitor vessels and take appropriate action to ensure that:

(a) Ships entering, within the territorial sea, in the areas in which an STM established on the basis of the IMO guidelines and operated by Spain is in operation and, where appropriate, by some other State; specific rules for that STM.

(b) Ships flying the flag of any Member State of the European Union or destined for a Community port and entering an area not situated in the Spanish territorial sea but in sea waters Where an STM implanted on the basis of the IMO guidelines is in operation, comply with the specific rules of the IMO.

(c) Ships flying the flag of a State which is not a Member of the European Union, which do not have a Community port at destination and which enter a zone in which an STM is established in Spanish sea waters different from the territorial sea, comply with the specific rules for that STM, provided that this is possible. The competent authorities shall inform the flag State of the vessel concerned of any possible serious violations of those rules in the MTS area.

Article 9. Infrastructure for ship notification systems, traffic organisation systems and ship traffic services.

1. The Maritime Administration will supervise the implementation of the equipment and facilities necessary for the implementation of the rules established in this royal decree in relation to the systems of notification of ships and of organization and monitoring of maritime traffic, so as to allow for the exchange of information with that from the systems of the other Member States of the European Union.

2. The coastal stations responsible for monitoring compliance with ship traffic services and traffic organisation systems should have sufficient qualified staff, as well as the appropriate means of transport, to ensure that they are properly trained. (a) communication and monitoring of ships and operating in accordance with the relevant IMO guidelines.

Article 10. Cross-country data recording systems (RDT) or "black boxes".

1. The Maritime Administration shall require and verify, through controls and inspections, that ships calling at a Spanish port are equipped with a voyage data recording system (RDT) in accordance with the arrangements laid down in Section II of Annex II.

2. The data obtained by an RDT system shall be made available to the Spanish Maritime Administration and the competent bodies of any other Member State concerned by an investigation carried out following an accident which occurred in Spanish maritime waters and shall be analysed by the Standing Committee for the Investigation of Maritime Claims, the conclusions of which shall be made public as soon as possible.

Article 11. Accident investigation.

The investigation of incidents and accidents involving ships subject to the scope of this royal decree will conform to the rules contained in the IMO Code for the investigation of accidents. maritime.

The Standing Committee for the Investigation of Maritime Claims will cooperate with the investigation bodies of the other Member States of the European Union in the investigation of incidents or maritime accidents that have occurred. outside the Spanish sea waters in which vessels registered in Spain are involved.

CHAPTER III

Notification of dangerous or polluting goods on board ships

Article 12. Obligations of the shipper.

It may not be submitted for transport by sea or be loaded on board a vessel in a Spanish port, whatever its size, no dangerous or polluting goods without prior delivery to the shipping company, to the an agent or a master of a declaration that includes all the data listed in paragraph 2 of Annex I.

The shipper shall provide the shipping company, the agent or the master of the vessel with such a declaration and ensure that the cargo presented for the transport is effectively declared.

Article 13. Notification of dangerous or polluting goods carried on board.

1. The operator, the shipping company, the agent or the master of a vessel, irrespective of its size, which carries dangerous or polluting goods and leaves a Spanish port, shall notify the Maritime Captaincy of exercising its competence in that port, at the latest at the time of departure, all the data listed in paragraphs 2 and 3 of Annex I.

2. The operator, the shipping company, the agent or the master of a vessel, irrespective of its size, which carries dangerous or polluting goods of origin at a port situated outside the European Union and destined for a Spanish port or has to anchor in the Spanish territorial sea, it shall notify the information referred to in the paragraph above to the competent Maritime Captaincy, before leaving the port of loading of those goods or, if this information is not available in the time of departure, as soon as you know the port of destination or anchorage.

3. The exchange of information by electronic means shall be carried out in accordance with the rules in each established case and shall use the syntax and procedures set out in Annex III.

Article 14. Electronic exchange of data between Member States.

The Ministry of Development shall cooperate with the competent authorities of the other Member States in order to ensure the interconnection and interoperability of the national systems used to manage the information referred to above. in Annex I, in accordance with the following rules:

(a) The exchange of data shall be carried out by electronic means and allow the reception and processing of notified messages in accordance with the provisions of Article 13.

b) The system shall allow the transmission of information in an uninterrupted manner.

(c) It shall be transmitted without delay to the competent authority of any other Member State requesting it for information on a ship and the dangerous or polluting cargo on board.

Article 15. Exemptions.

1. The Directorate-General of the Merchant Navy may exempt from compliance with the obligation laid down in Article 13 to regular cabotage line services, provided that the following conditions are met:

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

(b) The information referred to in paragraph 3 of Annex I for each voyage shall be prepared and made available to the maritime administration by the undertaking concerned. To this end, an electronic system shall be implemented to ensure that such information is immediately transmitted immediately when it is officially required.

2. The shipping company concerned shall request the exemption from the General Directorate of the Merchant Navy, attaching to the application the supporting documentation of compliance with paragraph 1.

The mentioned management body may require the company to complete the documentation provided or to order the competent Maritime Captaincy to carry out the necessary checks to verify compliance with the These requirements shall be met within a period of 15 days after which the decision as appropriate shall be issued.

3. The Directorate-General of the Merchant Navy shall periodically verify compliance with the conditions laid down in paragraph 1, and shall immediately withdraw an exemption granted, for the failure to comply with any of them, without delay. prejudice to any possible sanctions that may be imposed.

CHAPTER IV

Monitoring of hazardous ships and intervention in case of problems and accidents at sea

Article 16. Transmission of information relating to certain vessels.

1. They shall be regarded as a potential risk to navigation or a threat to maritime safety, the safety of human life at sea or to the integrity of the marine environment for ships which are in any of the cases where they are The following are indicated:

(a) Those who, in the course of their journey, have been involved in incidents or accidents described in Article 17, have failed to comply with the notification and information obligations imposed by this royal decree or have (a) in breach of the rules applicable in the systems of traffic organisation and STM under the responsibility of the Spanish Maritime Administration.

(b) Those in respect of which they have been tested or presumed to have carried out voluntary discharges of hydrocarbons or who have committed infringements of the MARPOL Convention in Spanish maritime waters.

(c) Those who have been denied access to one or more ports in a Member State of the European Union, which have been the subject of a report or notification by a Member State in accordance with paragraph 1 of Annex I to the Regulation governing the inspections of foreign vessels in Spanish ports, approved by Royal Decree 91/2003 of 24 January 2003.

2. The Spanish coastal stations which have relevant information on the vessels referred to in paragraph 1 shall communicate it to the competent coastal stations of the other Member States of the European Union located along the route intended for the vessel.

3. The Maritime Administration shall transmit to the competent port authority and, where appropriate, the body designated by that authority the information received from other Member States in respect of ships in the circumstances provided for in the paragraph 1.

4. The Maritime Administration, taking into account the available inspectors, shall carry out, on its own initiative or at the request of another Member State, appropriate inspections or checks and shall inform all Member States concerned of the results. of those.

Article 17. Reporting of incidents and accidents at sea.

1. Without prejudice to international standards and in order to prevent or reduce significant risks to maritime safety, the safety of human life at sea or the marine environment, the maritime administration shall carry out the monitoring and taking appropriate measures to ensure that the masters of the vessels, who sail through the SAR area under their responsibility or by the exclusive economic zone, immediately communicate to the coastal stations of other Member States of the European Union, located in that geographical area, the following ends:

(a) Any incident or accident affecting the safety of the ship, such as boarding, stranding, damage, failure or breakdown, flooding or load-correcting, or any defect in the hull or structural failure.

(b) Any incident or accident involving the safety of navigation, such as failures which may affect the manoeuvrability or navigability of the vessel, and the defects of propulsion systems or apparatus of government, the installation of electricity production or the navigation or communication equipment.

(c) Any situation which may lead to pollution of the waters or coastal areas of a Member State, such as discharges or the risk of discharges of polluting products into the sea.

(d) Any stain of polluting materials or drifting containers or packages observed at sea.

2. The warning message shall include at least the identity of the vessel, its position, the port of origin and the port of destination, the address at which information on dangerous goods and pollutants carried on board can be obtained, the number of persons on board, details of the accident or incident and any relevant information referred to in IMO Resolution A. 851 (20).

Article 18. Measures in cases of exceptionally unfavourable weather conditions.

1. If the Maritime Capitanies consider that, in exceptionally unfavourable weather or sea conditions, there is a serious risk of contamination of the sea or coastal areas of Spain or of other States or that there are risks for human life, the following measures may be adopted:

(a) Facilitate the master of a vessel in the affected port area and who wishes to enter or leave the port, provided that this is possible, all information on the state of the sea and on the weather conditions and, where relevant and possible, on the danger that they may entail for the ship, cargo, crew and passengers.

(b) Any other measures or decisions which, without prejudice to the assistance to ships in danger in accordance with Article 20, are deemed appropriate, such as recommending or prohibiting, to a particular vessel or to all the vessels in general, port entry or exit, in the affected areas, until it has been determined that there are no longer any risks to human life or to the environment.

(c) Limit to the maximum, or prohibit, if necessary, that ships carry fuel in terminal sites in their territorial waters.

2. The master shall inform the shipping company of the appropriate measures or recommendations referred to in paragraph 1 which do not, however, prejudice the decision of the master based on his professional judgment as set out in the SOLAS Convention.

Where the decision taken by the master does not comply with the measures taken pursuant to paragraph 1, he shall inform the competent maritime authority of the reasons for his decision. The Maritime Captaincy may, in such a case, reconsider or maintain the authorisation, prohibition or measure initially agreed and shall, by any means, communicate to the master of the vessel the resolution finally adopted, for compliance.

3. The measures taken by the Maritime Capitanies shall be based on the forecast of the weather and sea conditions provided by the National Institute of Meteorology.

Article 19. Measures relating to incidents or accidents at sea.

1. The Maritime Administration shall, in the event of an incident or accident at sea, take appropriate measures, in accordance with international standards, to ensure maritime safety and human life at sea and to protect the environment. marine and coastal.

2. Where the Maritime Administration considers that, in the event of an accident or incident involving a vessel referred to in Article 17, it is necessary to remove, reduce or eliminate a serious and imminent danger threatening the coastline or the interests of the area The following measures may be taken, inter alia, for the safety of other vessels, their crews, passengers or persons on the ground, or to protect the marine environment:

a) Restrict the movements of the ship or impose a certain course. This requirement does not affect the responsibility of the master as regards the safe government of his vessel.

(b) Use the ship's captain to put an end to the risk to the environment or to maritime safety.

c) To ship an assessment team on the ship with a mission to determine the degree of risk, to assist the captain in remedying the situation and to keep the competent coastal station informed.

(d) To order the master of the ship to go to a place of refuge in the event of imminent danger, or to impose the pilotage or trailer of the ship at the expense of the operator or the shipping company.

3. The operator, the shipping company, the master of the vessel and the owner of the dangerous or polluting goods carried on board shall provide all the cooperation which, with respect to the national and international legal order, is required by the Maritime Administration in order to minimize the consequences of an incident or accident at sea.

4. The master of a vessel to which the provisions of the ISM Code apply shall inform the shipping company, on the basis of that code, of any incident or accident referred to in Article 17 (1). As soon as it has been informed of such a situation, the undertaking shall be in communication with the competent coastal station and be made available to the extent necessary.

Article 20. Places of refuge.

The maritime administration, after consulting the interested parties and report, that will not be decisive, of the public authority Ports of the State on the technical conditions and of the port operation, will elaborate plans to house, in the waters under its jurisdiction, ships in need of assistance. Such plans shall contain the necessary determinations and procedures which take account of the operational and environmental constraints to ensure that ships in need of assistance can be immediately directed to a place of a shelter subject to the authorisation of the competent authority. If deemed necessary and feasible by the Maritime Administration, such plans shall include provisions to facilitate adequate resources and equipment for assistance, rescue and intervention operations in the event of contamination.

Plans to accommodate ships in need of assistance should be available at the request of stakeholders.

Article 21. Authorisation of the entry of a ship in a place of refuge.

1. The Maritime Administration is not required to grant permission to access a place of refuge.

2. When a ship in need of assistance requests authorization to access a place of refuge located in Spanish maritime waters, the Maritime Administration shall decide, in accordance with the information and the evidence available in each time, grant the authorisation where the damage likely to be derived from such a measure is lower than the other alternative measures of aid to the ship would be taken. Otherwise you will deny the authorization, motivating your resolution.

3. When the ship, by its own situation or by external circumstances, presents fire, explosion, damage, including mechanical or structural failures, boarding, pollution, stability reduction, varada or any other than may be a danger to the lives of persons or damage to the marine environment or natural resources, the authorisation of access to the place of refuge may be subject to the assessment of the circumstances listed in the paragraphs 4 and 5 of this Article and of the provision of the guarantee provided for in Article 22.

Rescue activities to safeguard the life or physical integrity of the persons on board will be carried out, in any case, by the Maritime Administration immediately and unconditionally, provided that the situation so requires.

4. The Maritime Administration shall draw up action protocols in which the advantages and disadvantages of allowing access to a ship in need of aid are objectively analysed by weighting the following variables:

a) Emergency trigger event (fire, explosion, breakdown, including mechanical or structural failures, boarding, pollution, decreased stability or varada, among others).

b) Assessing the risks associated with that event by combining the following factors:

1. Personal: such as the safety of people on board, distance from the nearest populated areas and population density.

2. Environmental: high ecological value zones, protected habitats and species, and similar.

3. Socioeconomic: existence of industrial facilities or commercial activities in the vicinity, the tourist interest of the area, exploitation of fisheries or of shellfish activity, among others.

4. Natural and natural conditions: dominant winds, weather conditions and sea conditions, bathymetry, seasonal variations, nautical characteristics (room for manoeuvre, restrictions imposed by the dimensions of the vessel) and similar, as well as maritime works.

5. "Means of action": such as competent administrative bodies and bodies and functions, whether or not there is a pilotage service, number and power of available tugs, facilities and means of support navigation and manoeuvring, means of evacuation means of loading and unloading suitable for the type of goods on board.

6. Consequences foreseeable that can be derived from the use of the place of refuge based on each possible trigger event.

5. Where a request for access to a place of refuge occurs, the Maritime Administration shall, on the basis of the elements of judgment in the specific action protocol applicable to the case, take the decision as appropriate.

In the absence of an appropriate protocol for the ongoing emergency, you will assess the circumstances of the case in order to reach the conclusion referred to in paragraph 2, using the following elements of judgment:

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

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

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

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

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

(f) Whether or not the ship is insured, including liability, and, if applicable, identification of the insurer, and the applicable liability limits if any.

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

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

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

j) Provision of the required financial guarantee or interim measures in this respect.

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

l) Information about the intentions of the captain and/or the company to be saved.

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

Article 22. Constitution of the guarantee.

1. The authorisation of entry of a ship in danger to a place of refuge may also be subject to the provision of a financial guarantee, where any of the circumstances provided for in Article 21.3 occurs.

2. The financial guarantee shall be lodged in a banking institution with an address in Spain by the operator, the shipping company, the savior of the vessel or by the consignor, the owner or the recipient of the charge in favour of the Directorate-General for the Marina Mercante and with submission to the Spanish courts, and it must be clearly stated that it is irrevocably constituted to answer, in any amount, the claims of compensation that are derived from all the possible damages that may be caused to persons, public entities or property of any nature by the ship or its cargo as a result of catastrophic events such as fire, explosion, breakdown, including mechanical or structural failures, boarding, pollution, decreased stability or varada, among others.

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

3. If it is not possible to immediately formalize the security, for the purposes of being a non-working day or an hour, the operator, the consignor, the savior, the agent or the person to whom he delegates shall extend a cheque made by a financial institution or contribute an endorsement, at first request and without the benefit of an excuse, or any other guarantee of equivalent effect in the judgment of the Directorate-General of the Merchant Navy for the amount corresponding to the scale laid down in Article 23, Until such time as it is possible to provide the guarantee, the refund shall be made at the time.

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

Article 23. Amount and performance of the guarantee.

1. For vessels carrying goods with the characteristics set out in Regulation (EC) No 1726/2003 of the European Parliament and of the Council of 22 July 2003 amending Regulation (EC) No 417/2002 on the Accelerated introduction of double hull or equivalent design standards for single hull oil tankers, the amount of the guarantee shall be as follows:

Vessels whose tonnage does not exceed 2,000 GT, up to EUR 7 million, and for each tonnage unit exceeding 2,000 GT, up to EUR 10,000.

2. For all other vessels, the amount of the guarantee shall be as follows:

Vessels whose tonnage does not exceed 2,000 GT, up to EUR 2,5 million, and for each tonnage unit exceeding 2,000 GT, up to EUR 600.

3. The amount of the guarantee, which must be met for the purposes referred to in Article 22.2, shall be determined taking into account the full cost of the foreseeable damage which may occur, due to the nature and quantity of the cargo transported. and the characteristics and status of the vessel, with the maximum limits set in the previous two paragraphs.

4. If the guarantee is constituted, no damage will be caused, nor will costs be incurred for the ones covered by the guarantee, the General Directorate of the Merchant Navy will release the guarantee.

If you do not, you will be able to file charges against you for damages or costs. If the amount executed is not sufficient to deal with all damages caused, the operator, the agent, the shipper or the savior shall satisfy such damage as quickly as possible.

Article 24. Procedure for action.

1. The competence to grant the authorisation of access of a ship to a place of refuge corresponds to the Director General of the Merchant Navy, who may delegate his or her exercise to the maritime captain in whose constituency the vessel is located.

2. The procedure shall be initiated at the request of the master of the vessel concerned or of a representative of the operator or the shipping company, who shall indicate the reasons why the vessel is in need of assistance, providing information consider relevant, as well as that which is required by the Maritime Capitania.

3. The Maritime Captaincy shall carry out all the acts of instruction necessary to substantiate the final decision, including, where appropriate, an inspection of the vessel. In particular, it may propose that the entry of the vessel be conditioned to the concurrence of the circumstances specified in Article 21 or to the provision of the guarantee provided for in the previous Articles.

4. The decision authorising access to a place of refuge must be expressly agreed and may, on the grounds of urgent need, be adopted orally and without any special formalities, without prejudice to the obligation to notify the interested in the act and its statement of reasons in writing as soon as possible and, in any event, within a period of not more than 96 hours.

5. Against the resolution, which will put an end to the administrative route, the interested parties may institute a replacement.

6. Where the entry of the ship at the place of refuge is not authorised, the Maritime Administration shall, if it considers it necessary, lay down alternative measures which it considers appropriate in order to protect the legal goods, either public as private, which may be compromised by the precarious situation of the ship or its cargo and by external circumstances, primarily of a meteorological type, affecting or likely to affect the vessel.

Article 25. Information to interested parties.

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

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

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

CHAPTER V

Complementary measures

Article 26. Publicity and information relating to the competent bodies.

The maritime administration will regularly report to the maritime sector on data deemed relevant, in particular on the geographical area of competence of the various responsible bodies, procedures for notifying the information provided for in this royal decree and its addressees.

Article 27. Administrative police measures.

The maritime administration may refuse entry into port for vessels which distort, do not transmit or transmit incorrect or incomplete information regulated in this royal decree, when it seriously compromises the safety of maritime navigation or pose a serious danger to the marine environment.

Article 28. Inspections, sanctions and the transmission of information.

1. The operation of the telematic systems established in compliance with this royal decree and, in particular, their capacity to meet the requirements for reception and dispatch without delay, without delay, shall be inspected periodically. notified information as provided for in Articles 13 and 16.

2. The actions and omissions that contravene the provisions of this royal decree constitute administrative infractions classified in Chapter III of Title IV of Law 27/1992, of 24 November, of Ports of the State and of the Merchant Navy.

3. The Maritime Administration shall inform the flag State and any other State concerned without delay of the measures taken pursuant to Articles 17 and 19 and of the sanctions, if any, imposed.

4. Where, on the occasion of an incident or accident referred to in Article 17, it is established that the shipping company has not been able to establish or maintain a link to the ship or to the competent coastal stations, the Maritime Administration inform the State that it has issued or in whose name the compliance document IGS has been issued and the associated security management certificate.

5. If the gravity of the failure proves the existence of a major defect in the operation of the safety management system of a shipping company established in Spain, the General Directorate of the Merchant Navy will immediately start the the procedure for the revocation of the document of conformity or the associated safety management certificate issued in Spain.

Additional disposition first. Confidentiality of information.

The maritime administration and, where appropriate, the competent port administration shall take the necessary measures to ensure the confidentiality of the information transmitted to it in application of this royal decree.

Additional provision second. Information transmission EDI system.

The transmission of the information which the captains, vessels or operators of the vessels are required to give to the port or maritime authorities, as well as the one that is being cured by the latter to those of the other Member States of the European Union will, preferably, be made through the EDI system.

Additional provision third. Extinction of exemptions.

The exemptions granted to ro-ro ferries or high-speed passenger craft pursuant to Article 4 (d) of the Regulation on compulsory recognitions are hereby extinguished in order to ensure the safety of the navigation of certain passenger ships, approved by Royal Decree 1907/2000 of 24 November.

Additional provision fourth. Ships of public ownership.

By order of the Minister of Public Works the procedure will be determined according to which the ships of the public nature or public use referred to in article 2.2 can access the places of refuge. The ministerial order will be jointly approved by the Defense and Development Ministers when the ships are assigned to the national defense.

Additional provision fifth. Approval of plans and protocols on places of refuge.

Within two years the Maritime Administration will adapt existing plans to the IMO guidelines and approve the plans and protocols on places of refuge foreseen in this royal decree, which must cover all the Spanish littoral.

This operation shall be carried out on the basis of uniform criteria to be followed by the competent authorities of the other Member States of the European Union.

Additional provision sixth. Regulation of communications.

In order to guarantee the effectiveness of the cooperation obligations in matters of exchange of information referred to in Article 14, the Ministry of Public Works will regulate communications between the authorities. national competent authorities, and between them and those of the Member States of the European Union.

The public entity Ports of the State will act as a communication link, and will be responsible for the establishment and maintenance of the necessary information and data exchange systems.

Single transient arrangement. Time limit for the establishment of equipment and installations.

1. The Maritime Administration shall gradually operate, in accordance with the schedule provided for in Section I of Annex II, appropriate ground equipment and installations to receive and use information from the CIS systems, taking into account the the radio of action necessary for the transmission of such information.

2. The process of establishing the equipment and installations on land referred to in Article 9 shall be completed no later than 31 December 2007 and must be in a position to transmit the information and exchange it. with the systems of the other Member States of the European Union a year later.

3. Maritime and port administrations will coordinate the possible use of the CIS systems as elements of maritime signalling and navigation aid.

Single repeal provision. Regulatory repeal.

Royal Decree 1253/1997, of 24 July, on minimum conditions required for ships carrying dangerous or polluting goods with origin or destination in national seaports, and the Royal Decree, are repealed. 701/1999, of April 30, which modifies the previous one, as well as how many provisions of the same and lower rank object to the provisions of this royal decree.

Final disposition first. Competency enablement.

This royal decree is dictated by the jurisdiction attributed to the State by Article 149.1.20. of the Constitution in the field of merchant marine.

Final disposition second. Regulatory enablement.

The Minister of Public Works will approve the necessary provisions for the development and implementation of this royal decree and, in particular, will adapt the content of the annexes to the needs of protection of the safety of navigation and the prevention and control of pollution of the marine environment and the establishment of international standards in this field.

Final disposition third. Entry into force.

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

Given in Madrid, 6 February 2004.

JOHN CARLOS R.

The Minister of Development,

FRANCISCO ALVEZ-HELMETS FERNANDEZ

ANNEX I

List of information to be reported

1. Information to be notified on the basis of Article 4. General information.

a) Identification of the ship (name, call flag, IMO number or MMSI number).

b) Source and target port.

c) Likely day and time of arrival at the port of destination or the waiting area of the vessels and boarding and landing of the practicalities as required by the competent authority, and likely day and time of departure from that port.

d) Total number of people on board.

e) Copy of the security management certificate (IGS).

2. Information to be notified on the basis of Article 12. Information about the load.

(a) The correct technical name of dangerous or polluting goods, the numbers of the United Nations, where they exist, preceded by the letters "UN", the risk categories according to the IMO, following the nomenclature of the IMDG, CIQ and IGC Codes and, where appropriate, the class of the vessel required for CNI loads, as defined in Regulation 14.2 of Chapter VII of the SOLAS Convention, the quantities of such goods and, if they are being transported in units of transport of cargo other than cisterns, their identification number. Address at which detailed information on the load can be obtained. This data does not replace the documentation to be submitted in accordance with the IMDG Code, where this is applicable.

(b) Any other detailed and relevant information, in particular for the purposes of decisions to be taken in emergency cases.

3. Information to be reported on the basis of Article 13.

A. General information.

a) Identification of the ship (name, call flag, IMO number or MMSI number).

b) Source and destination port, specifying who the shipper and the specific receiver of the load are.

(c) For a ship leaving a Spanish port, the likely time of departure from the port of departure or the waiting area of the vessels and boarding and wishing to carry out the practicalities as required by the competent authority, and likely time arrival at the destination port.

(d) For a ship from a port located outside the European Union and bound for a Spanish port, likely time of arrival at the port of destination or the waiting area of the vessels and the embarkation and disembarkation of the vessels. practical as required by the competent authority.

e) Total number of people on board.

f) Classification society, with the expression of the date of its entry into that society.

B. Information regarding the load.

(a) Safety data sheet with the correct technical name of dangerous or polluting goods, United Nations numbers, where they exist, preceded by the letters "UN", the risk categories according to the IMO following the nomenclature of the IMDG, CIQ and IGC Codes and, where appropriate, the class of the vessel as defined by the CNI Code, as defined in Regulation 14.2 of Chapter VII of the SOLAS Convention, the quantities of such goods, their location to on board and, if they are being transported in cargo transport units other than cisterns, their number identification; emergency procedures provided for in the safety sheet of the goods, as well as the address at which detailed information on the load can be obtained.

(b) Confirmation that a list or manifest or an appropriate plan of loading is on board to provide details of the dangerous or polluting goods carried and their status on the ship.

c) Any other detailed and relevant information, especially for the purposes of decisions that would have been taken in emergency cases.

4. Information referred to in Article 5.

A. Vessel identification (name, call flag, IMO number or MMSI number).

B. Classification society, with the expression of the date of its entry into that company.

C. Date and time.

D. Position in latitude and longitude or exact marking and distance in nautical miles from a clearly identified signal.

E. Course.

F. Speed.

G. Source port, specifying who the shipper and the load receiver are.

H. Arrival port of destination and time.

I. Cargo and, if there are dangerous goods on board, quantity and class according to IMO.

J. Address for the communication of information regarding the load.

K. Total number of persons on board.

L. Any other relevant information, in particular the following:

Characteristics and estimated quantity of fuel for vessels carrying more than 5000 tons of fuel.

Navigation conditions.

Copy of the security management certificate (IGS).

5. The master of the vessel shall immediately inform the Maritime Administration or the relevant port administration of any changes to the information notified under this Annex.

ANNEX II

Requirements applicable to on-board equipment

I. Automatic identification systems (SIA).

1. Ships constructed after 1 July 2002.

Passenger ships, regardless of their size, and all vessels of a gross tonnage equal to or greater than 300 tonnes constructed from 1 July 2002, which make a stopover in a Spanish port, shall be obliged to comply the requirement of placing on board referred to in Article 6.

2. Ships constructed before 1 July 2002.

Passenger ships, irrespective of their size, are required to comply with the requirement for on-board placement referred to in Article 6.

The remaining vessels, provided that they have a gross tonnage equal to or greater than 300 tonnes, are constructed before 1 July 2002 and scale in a Spanish port, will agree with the following timetable:

(a) Tank ships: at the latest on the occasion of the first review of the security material after 1 July 2003.

(b) Ships other than passenger ships and tank vessels, of a gross tonnage equal to or greater than 50,000 tonnes: no later than 1 July 2004.

(c) Ships other than passenger ships and tank vessels of a gross tonnage of 10 000 tonnes or more, but less than 50,000: no later than 1 July 2005, or, in respect of vessels used on sailings international, at any other earlier date agreed by the IMO.

(d) Ships other than passenger ships and tank vessels, of a gross tonnage equal to or greater than 3,000 tonnes, but less than 10,000 tonnes: not later than 1 July 2006, or, as regards vessels used on voyages international, at any other earlier date agreed by the IMO.

(e) Ships other than passenger ships and tank vessels, of a gross tonnage of 300 tonnes or more, but less than 3,000 tonnes: no later than 1 July 2007, or, in respect of vessels used on sailings international, at any other earlier date agreed by the IMO.

The maritime administration may exempt passenger ships from a gross tonnage of less than 300 tonnes used for navigation between Spanish ports of application of the AIS requirements laid down in this Regulation. Annex.

II. System for recording the data of the voyage (RDT).

1. The following vessels of categories (a), (b) and (c) in a Spanish port shall be equipped with a system for recording the voyage data which complies with the operating rules laid down in IMO Resolution A. 861 (20) and the test standards defined in the International Electrotechnical Commission (IEC) standard 61996:

(a) Passenger ships constructed from 1 July 2002: no later than 5 August 2002.

(b) Passenger ships other than ro-ro passenger ferries constructed before 1 July 2002: no later than 1 January 2004.

(c) Ships, other than passage, of gross tonnage equal to or greater than 3,000 tonnes constructed from 1 July 2002: no later than 5 August 2002.

2. Ro-ro ferries constructed before 1 July 2002 shall be equipped with the above system at the latest on the occasion of the first revision as from 1 July 2002.

3. The following categories (a) and (b) which were constructed before 1 July 2002 shall, provided that they make a stopover in a Spanish port, be equipped with a system for recording the journey data which complies with the relevant standards of the IMO:

(a) Cargo vessels of a gross tonnage equal to or greater than 20,000 tonnes: no later than the date fixed by the IMO, or, in the absence of a decision of the IMO, by 1 January 2007 at the latest.

(b) Cargo vessels of a gross tonnage equal to or greater than 3,000 tonnes, but less than 20,000 tonnes, at the latest by the date fixed by the IMO, or, in the absence of a decision of the IMO, by 1 January 2008 at the latest.

4. The Maritime Administration may exempt passenger ships used in navigations between Spanish ports in maritime areas B, C and D according to the classification of Article 4 of Royal Decree 1247/1999 of 16 July 1999 on rules and regulations security applicable to passenger ships carrying out crossings between Spanish ports, of the requirements relating to the registration of the journey data required in this royal decree.

ANNEX III

Electronic messages

1. The Ministry of Development shall establish and maintain the necessary infrastructure to enable the transmission, reception and conversion of data between systems using XML or Edifact syntax, based on Internet or X.400 communication facilities.

2. The procedures applied and the infrastructure must incorporate the obligations of exchange of notification and information arising from other rules, such as Royal Decree 1381/2002 of 20 December 2002 on port facilities receipt of ship-generated waste and cargo residues.

ANNEX IV

Measures to be taken in case of risk to maritime safety and environmental protection (pursuant to Article 19.1)

When, following an accident or circumstances of the type described in Article 17 affecting a vessel, the Maritime Administration considers that, in accordance with international law, it is necessary to remove, reduce or eliminate a serious and imminent danger threatening its coastline or related interests, the safety of other vessels and their crews and passengers, or persons on the ground, or protect the marine environment, may, inter alia:

a) Restrict the movements of the ship or impose a certain course. This requirement does not affect the responsibility of the master as regards the safe government of his vessel.

(b) Use the ship's captain to put an end to the risk to the environment or to maritime safety.

c) To ship an assessment team on the ship with a mission to determine the degree of risk, to assist the captain in remedying the situation and to keep the competent coastal station informed.

(d) To order the captain to go to a place of refuge in the event of imminent danger, or to impose the pilotage or trailer of the ship at the expense of the operator or the shipping company.

e) Any other measures that the Maritime Administration considers necessary to safeguard human life at sea and the protection and control of marine pollution.