Directive 2001 /96/EC of the European Parliament and of the Council of 4 December 2001 lays down harmonised requirements and procedures for the safety of loading and unloading operations of bulk carriers, with the the purpose of reducing the risk of accidents due to incorrect loading and unloading operations.

It is pursued with this rule to increase safety in this sector of maritime transport, both in terms of ships and their crew, establishing for this purpose requirements for ships and terminals, as well as the the introduction of harmonised procedures for cooperation and communication between the ship and the terminals, defining the responsibilities of the captains and the representatives of those terminals.

On the other hand, a quality management system is implemented in accordance with the ISO 9000 series of standards, in order to ensure the correct operation of the operations described above, which can be verified and monitored by the the competent authorities of the Member States, while regulating a system for the repair of damage which may occur during loading and unloading operations.

In turn, article 149.1.20. of the Constitution attributes to the State exclusive competence on the merchant navy, the content of which limits Article 6 of Law 27/1992, of 24 November, of Ports of the State and of the Marine Merchant, as set out in paragraphs (c), (d) and (g) of paragraph 1, which is considered to be a merchant marine the safety of navigation and human life at sea, maritime safety and the technical and operational inspection of ships, crews and goods, respectively.

Consequently, it is necessary to adapt the Spanish legislation to the provisions of Directive 2001 /96/EC and to regulate the harmonised requirements and procedures for the loading and unloading of ships. bulk carriers.

In its virtue, on the proposal of the Minister of Development, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of July 25, 2003,

D I S P O N G O:

Article 1. Object.

This royal decree aims to improve the safety of bulk carriers arriving at Spanish terminals for the loading or unloading of solid bulk cargoes, reducing the risks of excessive and excessive efforts. physical damage to the structure of the ship during loading and unloading operations, by establishing:

(a) Harmonised suitability requirements for such vessels and terminals, and

(b) Harmonised procedures for cooperation and communication between such vessels and terminals.

Article 2. Scope.

This royal decree will apply to:

(a) All bulk carriers, irrespective of the flag they fly, which stand in a Spanish terminal for the loading or unloading of solid bulk cargoes, and

b) All Spanish terminals in which bulk carriers are attacked and which fall within the scope of this royal decree.

Without prejudice to the provisions of Rule VI/7 of the 1974 SOLAS Convention, this royal decree will not apply to installations which are only used in exceptional circumstances for cargo loading and unloading operations. dry bulk of bulk carriers and shall not apply in cases where the loading and unloading is carried out only with the bulk carrier equipment concerned.

Article 3. Definitions.

For the purposes of this royal decree and its annexes, it shall be understood as:

(a) International conventions: the conventions defined in Article 2 (a) of Royal Decree 91/2003 of 24 January 2003 approving the Regulation governing the inspections of foreign vessels in ports

(b) 1974 SOLAS Convention: the International Convention for the Safety of Life at Sea, together with the relevant protocols and amendments, which have been in force since 4 December 2001.

(c) BLU Code: the Code of Practice for the Safety of Bulk Load and Unloading Operations, included in the Annex to Resolution A. 862 (20) of 27 November 1997, of the IMO Assembly, in its version of 4 December 2001.

(d) Granelero: a bulk carrier as defined in Regulation IX/1.6 of the 1974 SOLAS Convention and in accordance with the interpretation set out in Resolution 6 of the 1997 SOLAS Conference, namely:

1. A ship built with a single deck, with top tanks and hopper side tanks in the cargo spaces, primarily intended for dry bulk cargo transport, or

2. A mineralero, which is a seagoing vessel with a deck, two longitudinal bulkheads and a double bottom along the entire cargo area, intended for the transport of minerals in the central warehouses exclusively, or

3. A combined transport vessel, as defined in Regulation 11-2/3.27 of the 1974 SOLAS Convention.

e) Dry bulk load or bulk bulk load: solid bulk load as defined in Regulation XII/1.4 of the 1974 SOLAS Convention, except grain.

(f) Grano: the grain as defined in Regulation VI/8.2 of the 1974 SOLAS Convention.

g) Terminal: any fixed, floating or mobile installation equipped and used for boarding in a bulk carrier or landing from such a dry bulk cargo vessel.

h) Terminal operator: the owner of a terminal, or any organization or person in which the owner has delegated responsibility for the loading and unloading operations performed at the terminal for a bulk carrier in particular.

i) Terminal representative: any person designated by the terminal operator who assumes the general responsibility and authority to control the preparations, execution and completion of the cargo operations or download that performs the terminal on a particular bulk carrier.

(j) Captain: the person under whose command the bulk carrier or an officer of the ship is located to whom the master has responsible for loading or unloading operations.

k) recognised organisation: an organisation recognised in accordance with the provisions of Article 3 of Royal Decree 90/2003 of 24 January on common rules and standards for ship inspection and control organisations; and for the relevant activities of the Maritime Administration.

(l) Administration of the flag State: the competent authorities of the flag State whose flag is entitled to fly the bulk carrier.

m) Port State Control Authority: the competent authority to exercise the control functions regulated in Royal Decree 91/2003 of 24 January is the Ministry of Public Works, which will exercise them through the Directorate-General of the Merchant Marine and the Maritime Captaincy, in its capacity, the latter, of the peripheral maritime administration.

n) Competent Authority: the competent authority to execute and apply the requirements of this royal decree is the Ministry of Public Works, which will carry out, according to the provisions of the law, through the public body Ports of the State and of the Harbour Authorities, the General Direction of the Merchant Marine and the Maritime Capitanies, in their quality, the latter, of the peripheral marine administration.

n) Information on the load: information on the load required by Regulation VI/2 of the 1974 SOLAS Convention.

o) Load or unload plan: a plan as defined in Rule VI/7.3 of the 1974 SOLAS Convention and in the format specified in Appendix 2 of the BLU Code.

p) Ship/ground security checklist: the ship/ground security checklist, as defined in section 4 of the BLU Code and in the format set out in Appendix 3 of the BLU Code.

q) Statement on the density of bulk bulk cargo: the information on the density of the load that is required to be provided to comply with Regulation XII/10 of the 1974 SOLAS Convention.

Article 4. Requirements related to the operational fitness of bulk carriers.

Terminal operators are required to check the operational fitness of bulk carriers for the loading and unloading of solid bulk cargoes by checking compliance with the requirements of the Directive. Annex I.

Article 5. Requirements related to the fitness of the terminals.

Terminal operators within the scope of this royal decree will be subject to the following obligations:

(a) Compliance with the requirements for the fitness of the terminals listed in Annex II.

b) To the designation of one or more terminal representatives.

(c) To the existence of data sets specifying the requirements of the terminal and the competent authorities, and the port and terminal details listed in paragraph 1.2 of Appendix I to the Code BLU, which shall be made compulsory to masters of bulk carriers calling at the terminal for the loading or unloading of solid bulk cargoes.

d) The implementation, development and maintenance of a quality management system. This quality management system shall be certified in accordance with ISO 9001:2000 or an equivalent standard which at least complies with all aspects of ISO 9001:2000, and shall be audited in accordance with the guidelines of the ISO 9001:2000 standard. ISO 10011:1991 standard or equivalent standard that complies with all aspects of ISO 10011:1991. In relation to the equivalent rules, the provisions of Royal Decree 1337/1999, of 31 July, will apply.

Article 6. Responsibilities of the captains and the representatives of the terminal.

Masters of bulk carriers and terminal representatives shall be responsible for the fulfilment of the following obligations:

a) Captain's responsibilities:

1. The captain shall be responsible at all times for the security of the bulk carrier's loading and unloading operations under his command.

2. The master shall notify the terminal, in good time, of the expected time of arrival of the vessel at the terminal, together with the information referred to in Annex III.

3. Prior to the shipment of solid bulk cargoes, the master shall ensure that he has received the information required by Regulation VI/2.2 of the 1974 SOLAS Convention and, where appropriate, a declaration on the density of the bulk load. solid bulk cargo. This information shall be entered in a charge declaration form set out in Appendix 5 of the BLU Code.

4. Before and during loading or unloading operations, the master shall comply with the obligations listed in Annex IV.

b) Terminal Representative Responsibilities:

1. When receiving the initial notification of the expected arrival time of the vessel, the terminal representative shall provide the master with the information referred to in Annex V.

2. The terminal representative shall ensure that the information contained in the loading declaration has been notified to the master as soon as possible.

3. The representative of the terminal shall notify without delay to the captain and the Maritime Capitania of the port and the Port Authority any possible deficiency that he has observed on board a bulk carrier that could endanger the security of the loading or unloading operations of solid bulk cargoes.

4. Before and during loading or unloading operations, the terminal representative shall comply with the obligations listed in Annex VI.

Article 7. Procedures between bulk carriers and terminals.

The loading or unloading of bulk carriers with solid bulk loads shall be subject to the following procedure:

(a) Prior to the loading or unloading of solid bulk cargoes, the master shall agree with the terminal representative on a loading or unloading plan in accordance with the provisions of Regulation VI/7.3 of the 1974 SOLAS Convention.

The loading or unloading plan shall be established as set out in Appendix 2 to the BLU Code, shall include the IMO number of the bulk carrier concerned, and the master and the terminal representative shall indicate with their signature that they agree with the plan.

Both parties shall prepare, accept and agree on a revised plan any modification of the plan which, in the judgment of either party, may affect the safety of the ship or the crew.

The ship and the terminal shall retain for six months the agreed loading or unloading plan, as well as any subsequent modifications agreed upon, for any necessary supervision by the competent authorities.

b) Before loading or unloading operations commence, the master and the terminal representative shall complete and jointly sign the ship/land safety checklist in accordance with the guidelines of the Appendix 4 of the BLU Code.

(c) Effective communication between the ship and the terminal shall be established and maintained at all times in order to be able to respond to requests for information on the loading or unloading process and to ensure rapid compliance with the the case that the master or the representative of the terminal orders the suspension of the loading or unloading operations.

d) The captain and the terminal representative shall carry out the loading or unloading operations in accordance with the agreed plan. The representative of the terminal shall be responsible for the loading or unloading of the bulk load in accordance with the order of the holds, the quantity and the loading or unloading regime indicated in that plan. It shall not depart from the agreed loading or unloading plan unless the master is consulted in the past and his written agreement is manifest.

e) After the completion of the loading or unloading operation, the master and the terminal representative shall state in writing that the vessel has been loaded or unloaded as provided for in the loading or unloading plan, mentioning any agreed modification.

In the case of unloading, it shall also be mentioned that the cargo holds have been emptied and cleaned following the master's instructions and any damage to the ship and repairs carried out, if any, shall be recorded.

Article 8. Role of the competent authorities.

1. Without prejudice to the rights and obligations of the master in accordance with the provisions of Rule VI/7.7 of the 1974 SOLAS Convention, where the relevant Maritime Captaincy has clear evidence that the safety of the vessel or its crew is in danger because of loading or unloading operations, it shall inform the Port Authority in order to prevent or interrupt the loading or unloading of solid bulk cargoes.

2. In cases where the competent maritime authority has been informed of a disagreement between the master and the representative of the terminal in respect of the application of the procedures provided for in Article 7, it shall intervene where necessary in security interest and/or marine environment, taking the appropriate measures, which shall be communicated to the Port Authority.

3. The administrative acts adopted by the Maritime Captain shall be made available to the Director General of the Merchant Navy.

Article 9. Repair of damage during loading or unloading operations.

1. If the structure of the vessel or its equipment is damaged during loading or unloading operations, the terminal representative shall inform the master and, where appropriate, appropriate repairs shall be made.

2. In the event of damage to the structure or to the sealing of the hull or to the essential mechanical systems of the ship, the representative of the terminal or the master shall inform the Administration of the flag State, or to the organization recognized by it and to act on its behalf, and to the Maritime Captain of the port. The latter shall decide whether to carry out the necessary repairs immediately or whether the repairs may be deferred, taking into account the opinion, if any, of the authority of the flag State, or of the organisation recognised by and to act on his behalf, as well as the opinion of the captain. Where the repair is deemed necessary immediately, it shall be carried out to the satisfaction of the master and of the Maritime Captaincy, before the ship leaves the port.

3. In order to take the decision referred to in paragraph 2, the Maritime Captain of the port may go to a recognised organisation to inspect the damage and to advise on the need for repairs or the postponement of repairs.

4. This Article shall apply without prejudice to the provisions of Royal Decree 91/2003 of 24 January 2003.

Article 10. Monitoring and reporting.

1. The Port Authority shall regularly monitor compliance with the requirements of Article 5 (1), Article 6 (2) and Article 7 on the part of the terminals. The monitoring procedure shall include the carrying out of unannounced inspections during loading or unloading operations.

In addition, it shall verify that the terminals comply with the requirements of Article 5 (4) at the end of the period provided for in the first transitional provision, and, for the newly created terminals, at the end of the period provided for in the second transitional provision.

2. Every three years, the Directorate-General of the Merchant Navy and the public authority Ports of the State will jointly produce a report with the results of its supervisory activities, which will be presented to the European Commission. This report shall also include an assessment of the effectiveness of the harmonised procedures for cooperation and communication between bulk carriers and terminals, as set out in this royal decree.

The report shall be transmitted no later than 30 April of the year following the three-year period covered by the report.

Article 11. Sanctioning regime.

The violations of the provisions of this royal decree by the captains of the ships or the operators of the terminals will be sanctioned in accordance with the provisions of Law 27/1992, of 24 November.

Single additional disposition. Applying requirements and procedures.

The harmonised requirements and procedures covered by this royal decree and its annexes shall apply from 1 March 2004.

First transient disposition. Implementation of the terminal quality management system.

The terminal quality management system as referred to in Article 5 (4) shall be in place before 5 February 2005, and certified, in accordance with ISO 9001:2000 or equivalent standards, before 5 February 2005. February 2006.

Second transient disposition. Temporary authority for terminal operation.

The Port Authority may authorize the temporary operation of the newly created terminals for a maximum period of 12 months. In any event, such terminals shall submit their plan for the application of the quality management system as laid down in Article 5 (4) in order to obtain such temporary authorisation.

Final disposition first. Competence title.

This royal decree is dictated by the habilitation granted to the State by Article 149.1.20. of the Constitution.

Final disposition second. Regulatory enablement.

The Minister of Public Works is authorized to make the necessary provisions for the implementation of this royal decree.

Final disposition third. Entry into force.

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

Given in Palma de Mallorca, 25 July 2003.

JOHN CARLOS R.

The Minister of Development,

FRANCISCO ALVEZ-HELMETS FERNANDEZ

ANNEX I

Requirements for the operational fitness of bulk carriers for the loading and unloading of solid bulk cargoes

In accordance with the provisions of Article 4, bulk carriers who stand in Spanish terminals for the loading or unloading of solid bulk cargoes shall be subject to inspection in order to determine whether they comply with the Following requirements:

1. Bulk carriers must have cargo holds and hatches with sufficient size openings and a design such that the loading, stowage, scraping (trimning) and landing operations of the bulk bulk load are carried out in a manner satisfactory.

2. The bulk carriers must bear the identification numbers listed in the loading or unloading plan in the hatches of the cargo hold. The location, size or colour of such numbers shall be chosen in such a way as to be clearly visible and identifiable to the operator of the terminal loading or unloading equipment.

3. The hatches of the cargo holds, the drive systems of the hatches and the safety devices shall all be in good working condition and shall only be used for the intended purpose.

4. In case the vessel is fitted with slags indicator lamps, they shall be checked before loading or unloading, and their smooth operation shall be verified.

5. If it is mandatory to carry on board an approved load instrument, the approved load instrument shall have the relevant certificate and shall allow the effort to be calculated during loading and unloading operations.

6. The propulsion and auxiliary machines shall be in good working order.

7. The cover gear used in the mooring and docking operations shall be capable of being handled and shall be in good working condition.

ANNEX II

Requirements related to the ability of terminals to load and unload solid bulk loads

As provided for in Article 5 (1):

1. The terminals shall only admit to their terminal for loading or unloading bulk carriers that they can safely dock at the loading or unloading facility of solid bulk loads, taking into account such issues as the depth of the load. water in the berth, maximum vessel size, means of docking, defences, access security and possible obstacles to loading or unloading operations.

2. The loading and unloading equipment of the terminal shall be duly certified and maintained in good working order, in accordance with the relevant rules and standards, and shall be used exclusively by competent personnel and, where appropriate, duly titled.

3. The staff of the terminal must be trained in accordance with the responsibilities of the terminal and related to all aspects related to the safety of the loading and unloading of the bulk carriers. The purpose of this training will be to familiarize staff with the general dangers of the loading and unloading operations of solid bulk cargoes, as well as the adverse effects on the safety of the ship from carrying out incorrect loading and unloading operations.

4. Terminal personnel involved in loading or unloading operations shall receive and use personal protective equipment and shall have adequate rest periods to prevent accidents due to fatigue.

ANNEX III

Information that the master must provide to the terminal in accordance with the provisions of Article 6.a) .2.

1. The expected arrival time of the ship at the port height, as soon as possible. This information will be updated as appropriate.

2. With the initial notification of the expected arrival time:

a) Name, call flag, IMO number, flag state, and port of registration.

b) A load or discharge plan indicating the amount of load, stowage by the hatches, order of loading or unloading and quantity to be taken on each lot or landing at each stage of unloading.

c) Expected arrival and draught Calado.

d) Time required to drag or uncheck.

e) The length and breadth of the vessel and the length of the cargo space from the brazola proel of the hatch plus bow to the popel brazola of the hatch plus to the stern on which the load is to be loaded or from which it is to be extracted load.

f) Distance from the waterline to the first hatch for which cargo is to be shipped or unloaded, and distance from the side of the vessel to the opening of the hatch.

g) Site of the actual scale of the vessel.

h) Height of the dead work.

i) Porminors and capacity of the vessel load handling gear, if any.

j) Quantity and type of the mugs.

k) Informations that are specifically requested, such as, for example, the scraping or continuous measurement of the water content of the load.

l) Porminors of any necessary repair that may delay the docking, the beginning of the loading or unloading operations or the scheduled departure of the ship after the loading or unloading is completed.

m) Any other information related to the vessel requesting the terminal.

ANNEX IV

Obligations of the captain before and during loading or unloading operations

In accordance with the provisions of Article 6 (a) .4., before and during loading or unloading operations, the master shall ensure that:

1. The loading or unloading operations, as well as the loading or unloading of ballast water, are carried out under the supervision of the ship's officer responsible for those operations.

2. The load and ballast water distribution is monitored during loading or unloading operations in order to ensure that the structure of the vessel does not suffer excessive efforts.

3. The ship is kept on board or with the smallest possible slags, if this is necessary for operational reasons.

4. The ship is docked safely and the weather conditions and forecasts of the area are monitored.

5. The sufficient number of officers and crew members to adjust the mugs or to attend to any normal or emergency situation is retained on board, taking into account that the crew has sufficient rest periods to avoid the fatigue.

6. The terminal representative has been brought to the attention of the terminal representative (trimado) of the load, which shall be in conformity with the procedures laid down in the IMO Code of Practice for the Safety of Solid Cargoes In Bulk.

7. The terminal representative is notified of the requirements for harmonization between the systems of the de-loading or the loading or unloading of his vessel, as well as any change in the plan for the development of the waste or the ballast and any question that may affect the loading or unloading the load.

8. The discharge of the ballast water is adjusted to the agreed load plan and does not cause flooding of the spring or adjacent vessels. Where it is not practical for the vessel to fully discharge the ballast water before reaching the (trimmed) stage of the loading process, it shall agree with the terminal representative on the hours when it is necessary to suspend the loading water. load operations and also the duration of such interruptions.

9. An agreement has been reached with the terminal representative on the measures to be taken if it rains or weather changes occur which, due to the nature of the load, could be in danger.

10. No hot work on board or in the vicinity of the vessel is carried out while the vessel is in the berth, except where the representative of the terminal is authorised and subject to the requirements of the authorities. competent.

11. Loading or unloading operations and the vessel during the final stages of loading or unloading are carefully monitored.

12. The terminal representative is immediately notified if the loading or unloading process has caused damage, or if it has caused a hazardous situation or is likely to occur.

13. The representative of the terminal is notified when the end of the vessel is to be carried out in order to allow the conveyor system to be emptied.

14. The discharge of the side of the port is exactly the same as the one of the starboard of the same hold in order to avoid the torsions of the structure of the vessel.

15. Where one or more holds are to be weighed, account shall be taken of the possibility of flammable vapours being removed from the holds and proper precautions taken before the hot work is permitted in an adjacent area. to such holds or above them.

ANNEX V

Information that the terminal must provide to the master in accordance with the provisions of Article 6.b) .1.

1. Name of the berth in which the loading or unloading operation shall be carried out and the intended hours of docking and completion of the loading or unloading operations (1).

2. Characteristics of the loading and unloading equipment, as well as the nominal load or discharge speed of the terminal, the number of loading or unloading heads to be used, as well as the time provided for loading each batch, or (in case of download) the expected time for each stage of the download operation.

3. Characteristics of the berth or trousers which the master must be aware of, including the situation of fixed and mobile obstructions, defences, norays and mooring means.

4. Minimum water depth at the berth and in the access and exit channels (1).

5. Density of water in the berth.

6. Maximum distance between the flotation line and the top of the hatch covers or load hatch brazolas, as appropriate for the type of the load operation, and maximum height of the dead work.

7. Provisions relating to landing plates and access plates.

8. Side of the vessel that will be attached to the berth.

9. Maximum allowed speed of approach to the pant and tugs available, its class and traction to fixed point.

10. The loading sequence of the different packages of the load, and any other existing restrictions in case it is not possible to ship the load in a given order or in certain wineries in the manner appropriate to the ship.

11. Properties of the cargo to be shipped and which may constitute a hazard if it is brought into contact with another load or with any waste on board.

12. Advance information on planned loading or unloading operations or on changes to existing loading or unloading plans.

13. If the terminal load or unload equipment is fixed or if it has movement limitations.

14. Required Amras.

15. Warnings about unusual docking media.

16. Possible restrictions on the lastrate or the delastrate.

17. Maximum draught allowed by the competent authority.

18. Any other aspects relating to the terminal on which the captain requests information.

(1) Information regarding the intended hours of docking and departure and the minimum depth of water at the docking station shall be progressively updated and the master shall be notified as soon as they are received. successive notifications of the expected time of arrival. Information on the minimum depth of water in the access and exit channels shall be provided by the terminal or the competent authority, as the case may be.

ANNEX VI

Obligations of the terminal representative before and during loading or unloading operations in accordance with the provisions of Article 6.b) .4.

Before and during loading or unloading operations, the terminal representative:

1. It shall notify the master of the names and procedures for contacting the staff of the terminal or the agent of the consignor who is responsible for loading and unloading operations and with which the master will be in contact.

2. It shall take all appropriate precautions to prevent load and unloading equipment from causing damage to the ship and shall inform the master of any damage occurring.

3. It shall ensure that the vessel is kept in a position or, if for operational reasons, it is required to be scorted, that the angle is as small as possible.

4. It shall ensure that the discharge of the port side exactly matches the discharge of the same hold in order to avoid the torsions of the structure of the vessel.

5. In the case of high density loads or when the amount collected by the spoon is large, it shall inform the master that the structure of the vessel may be subjected to considerable and localised impact loads until the roof of the vessel is tank is completely covered by the load, especially if the free fall from height is allowed, and will pay due attention when starting the loading operations in each hold.

6. It shall ensure that the master and the representative of the terminal at all times agree on all aspects relating to loading or unloading operations and that any changes to the loading regime are communicated to the master. agreed and the completion of the load for each batch.

7. It shall bear a record of the weight and distribution of the loaded or landed load and ensure that the different weights of the holds are not removed from the agreed loading or unloading plan.

8. Ensure that, during loading and unloading, the cargo of the vessel is (trimated) in accordance with the requirements of the master.

9. It shall be satisfied that, when calculating the load quantities required to obtain the draught and the output (trims), the load remaining on the terminal conveyor systems is taken into account and that it is emptied after the operation of the terminal. load. To this end, the terminal representative shall communicate to the master the nominal tonnage of its conveyor system and determine whether it is necessary to empty it after loading operations.

10. In the event of unloading, the master shall be notified in detail where the intention is to increase or reduce the number of load heads used and shall notify the master of the moment when the landing operation of each of the heads is considered to be completed. hold.

11. It shall not carry out hot work on board or in the vicinity of the vessel while it is in the berth, except where it has the master's permission and in accordance with the provisions of the competent authority.