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Order Of 18 January 2000 By Which Approves The Regulation On Dispatch Of Ships.

Original Language Title: Orden de 18 de enero de 2000 por la que se aprueba el Reglamento sobre Despacho de Buques.

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TEXT

The verification, by the Maritime Administration, that the ships and civil vessels comply with all the requirements required by the legal norms to be able to carry out the navigations and traffics that they intend carry out, as well as the corresponding authorisations granted by that Administration, is what has traditionally been referred to as the ship's dispatch.

To regulate ship dispatch, provisions of different normative and scope hierarchy have been dictated in time, since the mention made of the Role of Article 612 of the current Trade Code of August 22, 1885, to date, in which, with different regulatory treatment, the various aspects of ship dispatch have been regulated by provisions such as the Order of the Minister of Commerce of 7 October 1958 and the Convention on Facilitation of International Maritime Traffic (London, 1965).

The above, analyzed in the light of the criteria and guidelines established in Law 27/1992, of 24 November, of Ports of the State and of the Merchant Navy, advises a unification and updating of each and every one of the processes in order to achieve their simplification and thus to achieve greater legal certainty.

In its virtue, according to the State Council, I have:

Single item.

It is approved, under the development of article 86.3 of Law 27/1992, of 24 November, of Ports of the State and of the Merchant Navy, the Regulation on the Office of Ships.

Single transient disposition.

As long as the computer documents are not established for the dispatch and enrole of the crews, if any, and that they will complement the Role, the current models of Rol of Dispatch and Endowment and of License of Navigation, or those that replace them.

Single repeal provision.

The Order of the Minister of Commerce of 7 October 1958, on the Role of Dispatch, is hereby repealed.

Also, how many provisions of equal or lower rank are opposed to the provisions of this Order.

First disposition first.

The Director-General of the Merchant Navy is empowered to dictate the implementing acts that are relevant to the application of this Order.

Final disposition second.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 18 January 2000.

MONTALVO ARIAS-SALGADO

SHIPS DISPATCH REGULATION

CHAPTER I

General provisions

Article 1. Object.

This Regulation aims to determine the requirements to be fulfilled by shipping companies, consignors and captains, to the Maritime Authorities for control, both from the administrative point of view and from the safety of the sea, the entry or exit of the port of the vessels, or the stay in the sea and territorial waters, without prejudice to the necessary prior authorizations to be granted to other authorities.

Ships operating in non-maritime inland waters shall continue to be governed by the rules laid down in Law 29/1985 of 2 August of Waters and their implementing rules.

Article 2. Definitions.

For the purposes of this Regulation, the following definitions shall apply:

a) Buque: Every civilian vessel that needs to be manned for navigation.

b) Embaration: Buque whose length is less than 24 metres.

c) Spanish Buque: Buque or watercraft registered in Spain.

d) Foreign buque: Ship or ship flagged and registered abroad.

(e) Captain: Person who holds the command of a vessel, by virtue of the corresponding professional qualification.

(f) Shipping company: The natural or legal person who, using his or her own or other vessels, is engaged in exploitation, even if this does not constitute its principal activity, in any form supported by the uses

g) Consignee: The natural or legal person acting on behalf and representation of the vessel or owner of the vessel.

(h) Sea inland waters: The waters between the straight lines of base from which the territorial sea is measured, and the shore of the sea, extending also by the margins of the rivers to where it is made sensitive the effect of the tides and their navigable sections to the maritime traffic.

i) Arrival: The time of entry of a ship into the port waters.

j) Output: The time when a ship leaves the waters of a port.

k) Dispatch: The verification by the Maritime Authority that the vessels to which this Regulation applies comply with the requirements required by the legal system, and have the appropriate authorizations to be able to carry out the navigations and activities to which they are engaged or intend to dedicate themselves.

l) Self-dispatch: The act performed by the Captain of the vessel for the assumptions set out in this Regulation, by virtue of which he carries out the ship's dispatch.

ll) Visado: Refrendo, by the Maritime Authority, of the annotations made in the Role by the Captain of the ship.

m) Registration or Registration of Ships: The Registry of Ships and Shipping Companies and/or the Special Register of Ships and Shipping Companies, created by Article 76 and the additional 15th of the Law of Ports of the State and of the Merchant Navy, respectively.

n) Crew List: The document in which the data relating to the number, identity and position of the crew members and other persons in the ship on arrival and departure are included.

n) Crew member: Everyone engaged and effectively enrolled to perform on board duties in connection with the operation or service of the ship, and to be listed on the Crew List.

o) Passenger: Everyone other than:

The captain, a crew member or other person employed or engaged on board the ship in any role related to the vessel's activities.

A child less than one year old.

p) Persons other than the crew and the passage: Persons who are legally engaged and who are on the crew list as non-crew personnel for being neither a crew member nor a passenger.

q) Roles and roles: The administrative formalization of boarding on a ship of crew members and/or persons other than crew and passengers shall be understood as enrole, and the formalization of the boarding the administrative landing.

r) Lists: Classification of vessels according to their activity and origin in accordance with Royal Decree 1027/1989 of 28 July on flag, ship registration and maritime registration.

s) Fishing License: Document issued by the Fishing Authority, authorizing the vessel to fish, determining the fishing gear, dates, type of catch and/or fishing grounds.

t) Role: The Role of Dispatch and Endowment or, where applicable, Navigation License are the documents to be carried by the ships, according to their class, in accordance with this Order and the regulations on flag, registration of ships and maritime registration.

u) Maritime Book or Maritime Enrollment Book: Individual personal document, which credits the maritime registration of its holder, issued by the General Directorate of the Merchant Navy, either through its central organs or peripherals.

v) Certificate of embarkation: Document issued by the Captain of the ship that credits the boarding of a crew member.

w) Captain's General Declaration: Document to be completed and signed by the ship's Captain for dispatch.

x) Maritime Identity Book (or "seaman book"): Identity document of seafarers, issued by the competent authorities of the countries that have signed ILO Convention number 108 on documents national identity of the people of the sea (1958).

Article 3. Scope of application.

1. This provision shall be binding upon the Captains, owners or operators, shipping companies and consignors of Spanish vessels, as well as, where appropriate, foreign vessels when they arrive in the Spanish port or as a they stop, anchor or interrupt their navigation in inland waters and in the territorial sea.

2. All vessels affected by the National Defense and those who are legally entitled to a special regime, as well as the vessels of the foreign navies and those ships of State destined for non-military purposes, are exempt from compliance with this provision. (a) trade with immunity, which shall be governed by the rules in force for ports or Spanish anchorages and their passage through the waters in which Spain exercises sovereignty, sovereign rights or jurisdiction.

3. The vessels of the Seventh List are exempt sailing, regardless of their length, that have a sailing number registered with the Spanish Sports Federation and participate in competitions. The management and control of these vessels may be exercised either directly by the Spanish Sports Federation or through the autonomous federations.

The vessels of the Seventh List are also exempt from motor and/or sailing up to 6 meters of overall length according to the Certificate of Navigability, and the propelled to rowing of the same List, the jet skis and the artifacts recreational boats, as well as all vessels that are exempt from registration in accordance with the rules on flag-flying, vessel registration and maritime registration.

4. The dispatch of the special high-speed craft (EAV) will be governed by the provisions of Royal Decree 1119/1989, of 15 September, which regulates the traffic of high-speed vessels in the Spanish sea waters.

5. For the purposes of this Regulation, it is not considered high speed vessels used by non-profit entities for the rescue of human lives, duly authorized by the Maritime Capitanies; those employed by the Administration and those dedicated to the services of regular lines of passengers or of excursions or marine cruises duly authorized by the General Direction of the Merchant Navy.

Article 4. Competencies.

1. For the purposes of this Regulation, the Maritime Authority will be, in the Spanish ports, the Maritime Captain referred to in Article 88 of the Law of Ports of the State and the Merchant Navy, and, in the foreign ports, the Consul of Spain in certification of shipments and landings, legalisation of Navigation Diaries or days of sea.

2. The obligations and requirements contained in this Regulation do not exempt from compliance with the obligations of other provisions and which fall within the competence of other Authorities.

CHAPTER II

Documents

Article 5. From the documentation to be presented to the Authorities.

Documents or data which may be required or which may be required for dispatch may be provided by means of processing or electronic data exchange techniques, if they are susceptible to such data, provided that they contain the required information.

Section 1 Of The Role And Other Documents

Article 6. Minimum content of the Role and liability of the same

1. The following information shall be recorded in the Role, inter alia: The identity of the owner of the vessel and the endorsements for changes of ownership, main characteristics and registration of the vessel, the List to which it belongs and its changes, and the the relationship of the ship's certificates with an indication of their expiry date.

2. In cases where the crew is in the field of application of Chapter II of Decree 2864/1974 of 30 August 1974 approving the recast text of the Special Regime for the Social Security of Workers of the Sea, the document must contain in addition to the above, the registration number of the ship to the Special Regime of the Social Security of the Workers of the Sea, the corresponding minimum crew frame, and the relation of each and every one of the crew members, expressing the position on board each of them.

3. Spanish vessels, whose gross tonnage (GRT) tonnage or, where applicable, GT is equal to or greater than 20 tonnes, shall be provided with Rol from Dispatch and Endowment irrespective of their classification. The recreational vessels registered in the Seventh List are excluded from the application of this paragraph.

4. Spanish vessels, whose gross registered tonnage (GRT) or, where applicable, GT is less than 20 tonnes, shall be provided with a Navigation Licence irrespective of their classification, although these vessels may be provided with Rol de Dispatch and Endowment to replace the Navigation License. The provisions of this paragraph shall apply to recreational vessels registered in the Seventh List whose gross registered tonnage (GRT) or, where applicable, GT, is equal to or greater than 20 tonnes.

Article 7. Format and publication of the Role.

It is up to the General Directorate of the Merchant Navy to establish the different models of Role, which will be published in the "Official State Gazette".

The first formalisation of the Role by the Maritime Authority will be carried out in accordance with the rules on flag, ship registration and maritime registration.

Article 8. Loss of Role.

In case of loss, theft or loss of the Role, the Captain of the ship is obliged to account for the incident to the Maritime Authority which, after the instruction of the appropriate file, will formalize a new Role.

Article 9. Exchange of the Role.

The Role will be redeemed for a new Role:

a) When space is not available for annotations, the sheets or their capacity for registration are exhausted.

(b) When the length, draught, engine, load and unloading means, or other main characteristic of the vessel, is substantially altered.

c) When its use is impossible by manifest impairment.

To carry out the exchange for any of the causes exposed, it will be necessary to present the Role in use to the Maritime Authority, who after taking reason of the fact, will register the exchange or will raise its own initiative to the Capitania, to the object the replacement shall be recorded on the seat sheet of the vessel. Done this, it will return the interested Rol to his/her file in the company itself, with the warning that this document must be guarded, after which the new Role will be formalized.

Article 10. Stay of the Role.

The Role will not be redeemed even if the ship changes its name, owner, registration, or List, vicissitudes that will be entered in the corresponding box of that one.

Article 11. Change in command of the ship and cease the Captain.

Any change of command of the vessel shall be recorded in the Role.

By ceasing in command of a ship without replacement, its Captain will be obliged, except for force majeure, to deliver the Role to the Maritime Captaincy of the port where the ship has surfed. In the event of the cessation of the vessel abroad without replacement, the Role shall be kept on board in the custody of the Officer or the person in charge of the vessel.

Article 12. Expiration.

The Role will expire when the ship is off in the corresponding Ship Registry, or the ship will be in service for which the Role is not mandatory. In such cases the owner of the ship must notify the Maritime Captaincy of the port of registration, for its annotation on the seat sheet, and proceed to the file and the custody of the document.

Article 13. Use of the Role by the Maritime Authority.

The Role will be in the custody and responsibility of the ship's Captain and will be presented to the Maritime Authorities in the following cases:

a) For the first dispatch of the ship.

b) For the updating of certificates and the minimum crew table in the cases where appropriate.

c) Whenever requested by the Maritime Authority to authorize the enroles and unroles, to issue embarkation certifications, of days of embarkation, of periods of inactivity for the extortions of insurance premiums, of paralyzing the vessel for the collection of the unemployment benefit and other justified causes.

d) In cases where judicial or administrative detention is established, or there is a prohibition to navigate as a result of judicial embargoes or sanctioning cases whose regulation provides for such action.

Article 14. Captain's Log.

It shall be the Annotations of the Captain, with duly dated and signed, those corresponding to the entrances and exits of the ports, the enroles and unroles of the professional crew and the persons other than the crew and passage.

In the case of ships carrying out navigations as described in Article 21.1.b), only the scales and a figure indicating the number of journeys shall be recorded.

Section 2 of the General Declaration of the Captain and the Crew List

Article 15. Content of the Captain's General Declaration.

The General Declaration of the Captain shall conform to the model shown in Annex I and shall record the data required in accordance with the type of vessel, its load and the activity it develops.

Article 16. Crew List.

The Crew List shall be in accordance with the model in Annex II and the most significant data of the crew members of the vessel shall be recorded as, inter alia, their identity and position on board.

Ships carrying out regular lines of island cabotage and having foreign crew members shall submit, duly completed and accompanying the Crew List, the document in Annex III.

CHAPTER III

From ship dispatch

Section 1 of the national merchant and fishing vessels

Article 17. Scope of application.

The provisions of this Section 1 shall apply to all vessels registered in the Register, whatever the List to which they belong, with the exception of those of the Sexta who are hired without crew and those of the Seventh are without professional crew, which shall be governed by the provisions of Section 2.a of this Chapter.

Article 18. First dispatch of fishing vessels.

It will be a requirement to authorize the first dispatch to the sea of a new fishing vessel, which has been processed in the Census of the Operational Fishing Fleet, that the units contributed as low are found immobilized, given their navigation and role patents, and initiated the scrapping files, the replacement substitutment or, where appropriate, if the final export or destination has been authorised for other purposes, in order to obtain its definitive decline in the Third List and the Census of the Operational Fishing Fleet.

Article 19. Dispatch.

1. With the exception of vessels subject to the dispatch regime as referred to in Article 21, all other vessels of this Section shall be dispatched only by means of the presentation of the following documentation before leaving for the the sea, either directly by the Captain or through his consignors or representatives:

a) Original and copy of the duly completed Captain's General Declaration.

b) Original and copy of the duly completed Crew List.

2. In the case of fishing vessels that are dispatched to fish, it will be necessary, in addition to the provisions of the previous number, to be duly registered in the Census of the Operational Fleet, which have the appropriate fishing license and the mandatory fishing effort related to fishing effort.

3. The dispatch of the vessel shall be deemed to be formalised after the issuing of the exit authorisation (or 'ship clearance') for ships departing from a foreign port. The remaining vessels will be considered to be dispatched if, following the submission of the documentation referred to in the previous paragraph, there is no express prohibition of the corresponding Maritime Captaincy before the planned departure (ETD). For the purposes of justification, the Maritime Capitania shall, when requested, seal and return the copies delivered from the General Declaration and the Crew List.

4. Exceptionally, and only where the vessel enters a national port for consumption, loading or unloading operations, victualling operations or crew changes, on a non-working day or time, the consignee may carry out the dispatch. The General Declaration of the Captain and the corresponding List of Crew members if there is no change of crew is presented to the Maritime Captaincy. In cases where there is also a crew change, a Crew List should be added to pick up the roles and unroles to be performed.

In the light of the above, and if the type of navigation so requires or so requested, the Maritime Authority will extend the authorization of departure in advance, which will be delivered by that consignee to the Captain of the ship:

In those cases where it has not been possible for the consignee to submit the request for early release for not having the documentation referred to in the first subparagraph of this paragraph, and the vessel must The Maritime Authority shall authorise the self-dispatch to the Captain of the ship by means of delivery through its consignee of the relevant exit authorisation.

Once the ship has departed to the sea, the self-dispatch must be formalized by the ship's consignee on the first working day and hour after departure, by the delivery of the duly signed Captain's General Declaration and dated and the Input and Output Crew Lists, if they are in roles or unroles.

Article 20. Dispatch at foreign ports.

In foreign ports the Captain of the ship will be able to carry out the self-dispatch, which will be materialized in the Role.

Article 21. Dispatches by time.

1. Those covering traffics which, by their nature, repetition of the type of navigation or duration, make it unnecessary to deliver the documentation for the departure of Article 19 will be considered dispatches. In particular, ships carrying out the following navigations shall be dispatched on a timely basis:

a) Navigations in maritime waters of the service area of a given port.

(b) Navigations in which the ship returns to the port of origin within 24 hours of departure from that port, having carried out or non-stop at other ports.

(c) Navigations in which, leaving the fishing vessel of its base port, returns to it without having carried out any other scale, provided that its fishing grounds are not situated in the North Atlantic (NAFO), South Atlantic, Pacific, Indian, South Africa or any other which for their remoteness are assimilated, which they shall dispatch as referred to in Article 20.

d) Navigations that the Maritime Authority determines given its exceptional nature.

e) Regular line of cabotage operations, as well as cabotage and cabotage operations in a row, which are not regular routes, are carried out with repetitive routes.

2. Dispatches for time, which may be carried out even if the period of validity of the previous issue has not been exhausted, shall be formalised for periods not exceeding those indicated below, which may in no case exceed the period of validity of the period of validity of the period of validity. of the ship's mandatory certificates:

(a) Up to one year for ships sailing in the areas referred to in point (a) of the previous paragraph.

(b) Up to three months for the vessels referred to in points (b) and (e) of the previous paragraph.

(c) For the period to be determined by the Maritime Authority, for the navigations referred to in point (d) of the previous paragraph.

(d) For up to three months, for Third-List vessels, or for a higher period in accordance with the specific fishing trip or with the uses and customs of their respective base ports.

3. For vessels that are eligible for dispatch on time, the Captain, directly or through his/her consignors or representatives, shall, by writing to the Maritime Captain of the appropriate port, request the dispatch for time, attaching to the application a General Declaration of Captain and a Crew List.

In the light of the above, the Maritime Captain shall, by resolution, authorize the dispatch for the appropriate period, after verification of compliance with the following requirements:

a) The validity of the certificates.

b) The completion of the requirements for crew members.

c) The possession of the Fishing License and the fishing effort related to fishing.

d) That the ship to be dispatched is included in the list of vessels registered under the special scheme of the Social Security of the Sea Workers.

e) That the ship to be dispatched to the stream of its Social Security contributions.

The above does not invalidate the obligation of the ship's captain to continue to fill in the scales that occur.

4. If, during the validity of the dispatch, they are produced in roles or unroles, even if only for a trip or a single day, the Captain shall be obliged to communicate such fact to the Maritime Captaincy of its base port or of the port where the incident occurred, as soon as possible and in any event on the first working day, by means of the corresponding notification or the Crew List where such changes are made, either by means of the representative or the consignee.

Section 2. of the Spanish vessels belonging to the Seventh List and the Sixth that are rented without crew

Article 22. Documentation for the dispatch.

The recreational craft of the Seventh List, not exempt from dispatch in accordance with the provisions of Article 3 (3), as well as those of the Sixth List that are rented without crew and the Seventh without crew professional, they must carry out the dispatch to the Maritime Capitania by means of the presentation of the Role.

Article 23. Period of dispatch.

Vessels subject to this Section shall be dispatched for a maximum period of time equal to the validity of their certificates.

Article 24. Formalization of the dispatch.

The Maritime Captaincy shall formalize the dispatch by stating in the vessel's Role the minimum title that is required for the control of the vessel.

The dispatch and its update will be recorded in the Role or Navigation License while the certificates are refreshed.

The maximum number of persons who may embark on such vessels according to their certificates shall also be recorded in the Role.

Section 3 of Foreign Ships

Article 25. Dispatch.

1. In advance of arrival or arrival at the national port of a foreign vessel, to which the International Maritime Traffic Facilitating Convention of 9 April 1965 (Convention FAL.65), the Captain, or person by the authorized or his or her The consignee must present the General Declaration of the Captain and the corresponding List of Crew members. After this delivery, the Maritime Captain will deliver the corresponding exit authorization, formalizing the departure dispatch, if there is no change of crew. In the case of a crew change, the previous documentation must be completed with a second Crew List containing the changes produced, after which the corresponding exit authorisation will be delivered.

2. Exceptionally, and only in the event that the vessel enters domestic port for consumption, victualling operations, crew change, scales, in the case of cruise ships, and cargo and/or unloading operations of vessels which provide regular international services, all on a non-working day or time, the consignee may carry out the advance dispatch, referring to the documents referred to in the previous paragraph.

In cases where it has not been possible for the consignee to submit the request for early release, because he does not have the documentation to be submitted, and the ship must be dispatched on that day and time, the maritime authority shall authorize in writing the Captain of the ship, by the delivery of the authorization of departure to be delivered to him by his consignee, the self-dispatch of his ship if it complies with the current regulations.

Once the ship has left the ship, the dispatch must be formalized by the ship's consignee on the first day and hour after the departure, through the delivery of the General Declaration of the Captain, duly signed and dated, and the Input and Output Crew Lists if they are in roles or unroles.

3. In addition to the above, fishing vessels from other Member States of the European Union and those from third countries, at their national ports, shall complete the provisions of Regulation (EEC) No 2847/1993.

4. The authorization of departure may be refused or revoked by the Maritime Captaincy of existence of an order of immobilization or embargo of the ship. In these cases, the Maritime Captaincy, in order to complete and make this order effective, may require the Captain of the vessel to deliver those documents which it considers relevant.

Article 26. Dispatches by time.

Ships registered in any country of the European Union carrying out regular cabotage traffic, including the maritime transport service for the island of passengers, as well as those registered in third countries authorised to carry out cabotage operations, which are carried out in Spanish ports, either under Council Regulation (EEC) 3577/1992 of 7 December 1992 implementing the principle of the freedom to provide services to maritime transport within the Member States (maritime cabotage), or on the basis of an authorisation from the Directorate-General of the Navy, and carrying out any of the traffics referred to in Article 21 (1) (a), (b) and (e), shall be subject to the same periods of dispatch and obligations as for the Spanish vessels referred to in that Article. Article 21 (3) of Regulation (EU) No 103/2014 of the European Parliament and of the Council of 16 March 2014 on the application of Article 21 (3) of the Treaty. In these cases, in addition to submitting the relevant documentation, the document set out in Annex III shall be completed.

The formalization of the dispatch by time shall be carried out by resolution of the Maritime Captain in which the period of dispatch is recorded, after the presentation of the same documents as the Spanish vessels in whatever application.

Article 27. Modifications to the initial documentation of ships with dispatch for time.

If, during the validity of the dispatch, they are produced in roles or unroles, the Captain shall be obliged to present to the maritime authority, either directly or by authorized person or by his consignee, a new List of Crew Members. to pick up those changes.

Article 28. Anchorage and interruption of the navigation of foreign vessels in maritime inland waters and in the territorial sea.

Except for damage or force majeure, foreign vessels shall not be able to anchor or interrupt navigation in the Spanish territorial sea or in the sea inland waters, except those that are part of the port services areas.

If the anchorage or the interruption of the navigation in the aforementioned waters by fault or cause of force majeure occurs, the Captain of the ship must, as soon as possible, notify the Maritime Captaincy and the Center of Salvage more next to where the facts occur, the following information:

a) Place, date and time of the break or anchor.

b) Cause that motivates it.

c) Estimated time of stay in the waters or anchorage.

(d) Quantity and class of goods on board, with special identification of the load referred to in the International Code of Dangerous Goods.

The tank-tanks that are anchored by the causes mentioned in the previous paragraph or by the cause pointed out in the Order of the Minister of Public Works and Transport of 17 April 1991, for which the anchorage of tank-tanks is regulated in (a) the jurisdiction of the courts or the exclusive Spanish economic zone shall be governed by the provisions of that Order.

Article 29. Foreign pleasure boats dedicated to the rental.

1. Natural or legal persons who are nationals or foreign nationals who are engaged in the rental of non-Community foreign-flagged recreational craft shall, as far as they are concerned, complete the provisions of the Order of 4 of December 1985 for the rental of pleasure craft, and in the resolutions issued pursuant to it.

2. The European Union's flag vessels will be dispatched for the same periods as the Spanish vessels.

CHAPTER IV

Roles and Unroles

Article 30. Scope of application.

The rules of this Chapter shall apply only to the roles and unroles of the professional staff of Spanish vessels.

Section 1. Of Roles

Article 31. Roles of crew members.

1. The enrole of crew members is exclusive to the attachment of a crew member to the ship's service in a given square and to maintain at least the personnel with which it is appropriate to provide the vessel, in accordance with the Article 77 and paragraph six of the additional provision 15th of Law 27/1992, of 24 November, of Ports of the State and of the Merchant Navy.

2. The enrole of the same crew is authorised for more than one vessel or vessel dedicated to internal traffic, provided that it is a vessel or vessel belonging to or operated by the same shipping company and serving in the same vessel. port. The Maritime Captain may authorise, by means of a reasoned decision, the multiple crew member for those traffics which he considers to have the same characteristics as those of internal traffic. In both cases, the crew may embark on a vessel or other vessel without prior notification, provided that they are made to the sea in compliance with the minimum crews established for each vessel.

3. It is also authorized to enrole more than one crew on those vessels or vessels which, in the light of the traffic they carry out, their crews are subject to frequent rotations according to the periods of work, authorization which they must appear in the resolution of the office for time. In this case only the identity of the members of the crew who are on board when a relay or a substantial change of the members of the crew are on board shall be communicated to the Maritime Captaincy.

Article 32. Documentation for the enrole of crew members.

They are enrole documents:

(a) The Maritime Enrollment Book of the person concerned, duly completed, or the Maritime Identity Book in the case of crew members who do not have Spanish nationality and lack the Maritime Enrollment Book of Foreigners.

b) The work permit when required.

(c) The identity card corresponding to the professional title, as well as the compulsory security certificates and, where appropriate, of specialty, and any other requirements required by the current regulations, which prove their training for the performance of his/her position on board.

(d) The document certifying the registration in Spanish Social Security for all nationals of States belonging to the European Union. For non-EU foreign crew members, the Ministry of Labour and Social Affairs will be prepared or available.

e) The accreditation of having been declared "fit to navigate", as provided for in the legislation in force on psycho-physical fitness.

(f) The written contract of work, where it is enforceable, whether under the International Labour Organization Convention number 22 of 24 June 1936, concerning the contract for the winding up of seafarers or under of national legislation.

2. The same documentation as referred to in the previous paragraph shall be required for the roles performed by the Captain in a foreign port, in non-Spanish waters, and those carried out in Spanish waters or ports on an hour or a working day.

Article 33. Enrole of personnel alien to the crew and to the passage.

The enrole of the staff outside the crew and the passage shall be authorized by the Captain of the ship, provided that the number of persons who can embark in accordance with the certificate of equipment permits, upon presentation of the following documents:

a) A valid national identity card or passport for people to board.

(b) Authorisation, in the case of the boarding of minors or disabled persons, of the parents or persons responsible for the child or of the incapacitated person, in which the name, surname and date of birth appear and, where appropriate, the document national identity or passport.

(c) Existing insurance policy covering the risks of death or accident on the occasion of the voyage or sea travel for which the ship is dispatched.

Section 2. Of Unroles

Article 34. Initiative and causes of the unroles.

1. Only unroles can be promoted:

a) On the initiative of the Captain.

b) On the initiative of the shipping company.

c) By reasoned resolution of the Maritime Authority.

d) At the request of the data subject.

2. The ship's captain will record the cause of the development in the crew's Maritime Enrollment Book and the Maritime Identity Book.

Article 35. Documentation for the unroles.

The document for the development is the Maritime Book or, where appropriate, the Maritime Identity Book for foreigners without such a document.

Section 3. From formalization of roles and unroles

Article 36. Formalization of the roles and unroles in Spanish port.

1. The enrole of any crew member on a Spanish vessel must be authorised by the Maritime Captaincy, for which it shall verify that the crew member on board meets the requirements for certification, compulsory certificates, medical fitness recognition and, where applicable, the Social Security affiliation and terms of employment which the vessel and its type of navigation according to the vessel concerned corresponds to.

Enrole authorization is considered to be granted by the consent of the Maritime Authority by signing and sealing the Crew's Maritime Book to board.

If the crew member is foreign and does not have a Maritime Book, it may be replaced by the Maritime Identity Book and in its absence by the boarding certificate.

Performed the above, the ship's captain will note the new shipment on the Role.

2. The roles shall be authorised on a working day and time. Where the enrole is carried out in an indeft period, the master of the vessel may record the assignments without the prior approval procedure after verifying that the crew members on board comply with all the mandatory requirements, however, the the consignee or, if the latter does not exist, the representative of the vessel in that port to deliver to the Maritime Authority of that port, and on the first working day following the departure of the vessel to the sea, a Crew List, signed and sealed by the Captain of the vessel. In cases where Captain's change also occurs, the Crew List will be signed by the incoming and outgoing Captains.

The roles performed by the Captain, as referred to in the previous paragraph, must be formalized before the Maritime Authority of the first Spanish port to arrive, on a working day and time. The formalisation shall be considered after the approval granted by the Maritime Authority.

3. The crew members shall be held by the Captain of the ship, by means of the appropriate annotation in the Role, forming the same after the approval granted by the Maritime Authority.

Article 37. Formalization of the roles and unroles in foreign port or non-Spanish waters.

The roles and unroles will be formalized in the Role and the Maritime Book. If the crew member is foreign and does not have a Maritime Book, he/she may be replaced by the Maritime Identity Book and in his/her defect by the boarding certificate.

Article 38. Inspection of the enrolled staff.

The roles and unroles recorded in the Role by the Captain of the ship may be reviewed at any time by the Maritime Captaincy or by the Directorate General of the Merchant Navy, in order to verify that these have been performed in accordance with current regulations.

CHAPTER V

Of violations and penalties

Section 1. Of Violations

Article 39. Concept and classification.

1. They constitute administrative infractions in the area of the Merchant Navy, actions or omissions that are classified and sanctioned in the Law of Ports of the State and the Merchant Navy.

2. The infringements are classified as minor, serious and very serious, in accordance with the provisions of Article 113.2 of the Law on State Ports and the Merchant Navy.

3. The table of infringements provided for in Law 27/1992 of 24 November concerning the dispatch of ships, role-playing and unwinding, is understood to be complete with the specifications introduced in this Regulation, which, without constituting new violations or alter the nature of which the Law determines, contribute to the most correct identification of the behaviors typified by the law.

Article 40. Minor infractions.

Minor violations shall be considered to be actions or omissions that are not considered to be serious or very serious given their importance or importance of the damages they cause and, in any case, the following:

(a) It is understood in Article 114.4.a) of the Law of Ports of the State and of the Merchant Navy, the presentation to the Maritime Authority, for the purpose of the ship's office, of the General Declaration of the signed Captain by person other than that or in cases where the document is transmitted by the consignee, the absence of the document properly signed.

b) It is understood as an infringement within the meaning of Article 114.4.f) of the Law of Ports of the State and of the Merchant Navy, the failure of the duty to provide the information to be supplied to the Maritime Authority, by own initiative or at the request of the latter, or to do so incorrectly or poorly, in matters of dispatches, roles and unroles.

Article 41. Serious infringements.

The following are serious violations:

(a) Infringement understood in Article 115.1.e) of the Law of State Ports and the Merchant Navy, the offering or delivery of money or other gifts or gifts to the personnel of the Maritime Authority, with object to capture their will for the benefit of who makes such an offer or delivery.

(b) Infringement of Article 115.3.c) of the Law on Ports of the State and of the Merchant Navy, the lack, deterioration or serious inaccuracy of the regulatory documentation to which the ship is to be provided dispatch and winding effects.

(c) An infringement of Article 115.3.g) of the Law on Ports of the State and of the Merchant Navy, failure to comply with the rules on the dispatch of ships, and the rules on the winding up of crews and the misuse of the Role, in contravention of this Regulation.

d) An infringement of Article 115.3.n) of the Law on Ports of the State and the Merchant Navy, the serious failure of the duty to provide the information and documentation that is regulated to provide the Maritime Authorities, in ship dispatches, in roles and unroles.

Article 42. Very serious infringements.

The following are very serious violations:

(a) Infringement understood in Article 116.3.h) of the Law on Ports of the State and the Merchant Navy, the falsehood or omission in the information to be entered in the documentation required for the dispatch of the vessels, roles and unroles, or the existence at sea of a crew other than the one on the dispatch crew list.

(b) Infringements within the meaning of Article 116.3.f) of the Law on Ports of the State and the Merchant Navy are understood to mean that they manifest disobedience to the orders, prohibitions or reasoned conditions laid down by the law. Maritime Authority within the scope of this Regulation.

Section 2. Of sanctions, competencies and procedure

Article 43. Penalties.

1. Actions or omissions that constitute an infringement shall be sanctioned in accordance with the provisions of Article 119 of the Law on State Ports and the Merchant Navy.

2. Infringements will be sanctioned with the following fines:

(a) Mild infractions typified in Article 40:

The provisions of paragraph (a): up to 250,000 pesetas (1,502,5 euros).

Those covered by subparagraph (b): Up to 100,000 pesetas (601 euros).

(b) Serious infractions typified in Article 41:

Up to 1,000,000 pesetas (6,010 euros).

c) Very serious infractions typified in Article 42:

Up to 3.500,000 pesetas (21,035.4 euros).

Article 44. Competencies.

Competition for the imposition of the penalties provided for in this Regulation shall be the responsibility of the owners of the administrative bodies and units provided for in Article 2 of Annex II to Royal Decree 1772/1994 of 5 August 1994. adapting certain administrative procedures in the field of transport and road to Law 30/1992 of 26 November 1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Article 45. Procedure.

The sanctioning procedure shall be in accordance with the provisions of Chapter II of Title IX of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure; Regulation of the Procedure for the Exercise of the Sanctioning Authority, approved by Royal Decree 1398/1993 of 4 August, and the provisions of Annex II to Royal Decree 1772/1994 of 5 August.

Article 46. Responsible.

They will be responsible for breaches of the provisions of this Regulation, the natural or legal persons referred to in Article 118 of the Law on State Ports and the Merchant Navy.

ANNEX I

ANNEX II

ANNEX III