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Royal Decree 1695 / 2012, Of 21 December, Which Approves The National System Of Response To Marine Pollution.

Original Language Title: Real Decreto 1695/2012, de 21 de diciembre, por el que se aprueba el Sistema Nacional de Respuesta ante la contaminación marina.

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TEXT

In accordance with the provisions of Article 149.1.20. of the Spanish Constitution, which confers exclusive competence on the merchant navy, Articles 263 and 264.1 and 2 of the Royal Decree of Law 2/2011, of 5 September, for which the Recast Text of Law 27/1992, of 24 November, of the ports of the State and the merchant navy is approved, grants the Government, on the proposal of the Minister of Development, the power to approve the National Plan of Services Rescue of Human Life in the Sea and the Fight against Pollution of the Marine Environment. The plans that the autonomous communities approve in these areas should be adapted to the guidelines on coordination and mobilization of resources that are included in the National Plan.

In turn, article 149.1.23. of the Spanish Constitution attributes to the State the competence to dictate the basic legislation in the field of the environment. In this regard, Article 110 of Law 22/1988 of 28 July 1988 on costs, in paragraph 1, gives the State the power to implement the international agreements and conventions in the field of competition, and may take appropriate measures for its compliance.

Likewise, article 110 of Law 22/1988, of July 28, confers the State powers of protection and safeguarding of the state public domain under the mandate under article 132.2 of the Spanish Constitution, according to the case-law criteria established by the Constitutional Court in Judgment 149/1991 of 4 July 1991, under which the State ownership of the land-land public domain property implies that the State is obliged to protect the marine-terrestrial demanium in order to ensure the maintenance of its integrity physical or legal as well as their public use.

In application of article 149.1.29. of the Spanish Constitution, referring to the exclusive competence of the State on public security, Law 2/1985 of 21 January, of Civil Protection, and its rules of development, regulate the actions to be carried out and the coordination to be carried out between public administrations in order to deal with situations of serious collective risk, public calamity or extraordinary disaster that may affect the Spanish territory.

On the other hand, the International Convention on Cooperation, Preparation and Fight against Hydrocarbon Pollution of 1990, known by the acronym OPRC 90, and its Protocol on harmful and potentially dangerous substances, Known by the acronym OPRC-HNS 2000, ratified by Spain on January 12, 1994 and January 27, 2005 respectively, they aim for international cooperation and mutual assistance in major incidents of marine pollution, and the development and maintenance in the States Part of the appropriate capacity for preparation and response to marine pollution emergencies at all levels, whether it is caused by hydrocarbons or by harmful and potentially dangerous substances. Both the OPRC 90 Convention and the OPRC-HNS 2000 Protocol are in force, in general and for Spain, from 13 May 1995 and 14 June 2007 respectively.

The OPRC Convention 90 determines in Article 6 the obligation to establish, by the States Parties, a "National System" to deal promptly and effectively with oil pollution events. For its part, the OPRC-HNS 2000 Protocol in Article 4 lays down this same obligation for pollution events by harmful and potentially dangerous substances. The National System should therefore cover both possible sources of marine pollution.

In application of the provisions laid down in the abovementioned rules, Royal Decree 253/2004 of 13 February laying down measures for the prevention and control of pollution in cargo, unloading and It has constituted the fundamental rules applicable at national level in the field of pollution, although, as its manifest name, limited to the field of hydrocarbons. In turn, the National Contingency Plan for accidental marine pollution was approved to deal with the alleged hydrocarbon contamination and contains recommendations for the elaboration of the territorial plans, the competition of the autonomous communities, and internal plans, relating to offshore installations, ports, maritime terminals or coastal industrial plants.

However, the above provisions regulate marine pollution events caused by the discharge of hydrocarbons, without considering or regulating those assumptions in which the cause of the contamination comes given by other substances other than hydrocarbons.

For the purpose of covering the legal vacuum exposed and in accordance with the provisions mentioned above, in order to complete the mandates that they establish, it is necessary to create and regulate an organization system (a) an administrative procedure which constitutes the technical and coordination instrument between the various public administrations with competence in the field, which is capable of providing an adequate response to the alleged pollution of the marine environment; and of the shore of the sea, respecting in any case the competences and functions that to the autonomous communities littoral and the cities of Ceuta and Melilla attributes the legal order, in accordance with the provisions of its statutes of autonomy.

As a result of the above, this royal decree provides the mechanisms of response to the various events and incidents arising from the sea and sea pollution, through the creation of the organs precise and the development of the systems for the relationship and coordination of the various relevant public administrations in the field for the purpose of ensuring effective action in respect of pollution scenarios.

It should also be noted that the availability of a regulatory framework for comprehensive coordination in the field of combating accidental marine pollution is a matter of particular concern to the National System of Management of Crisis Situations. Thus, from the perspective of the functional scope of maritime pollution, the new regulatory framework established by this royal decree is set up as a complementary means of the instruments of planning and safeguarding of maritime pollution. mandate of Law 41/2010, of 29 December, of Protection of the Marine Environment and of the establishment of the marine strategies that this law regulates, subject to the different functional areas defined by the policy of prevention of the maritime pollution within the framework of the policy and objectives of the merchant navy and the protection and good environmental status of the marine environment.

This royal decree has been informed by the coastal autonomous communities and the cities of Ceuta and Melilla, which have collaborated in their preparation. It has also submitted a report from the National Civil Protection Commission, the Sectoral Environmental Conference, which has expressed its approval, and other ministerial departments, including the Ministry of Finance and Public administrations and the Ministry of Defense.

In its virtue, on the joint proposal of the Minister of Development, the Minister of the Interior and the Minister of Agriculture, Food and Environment, with the prior approval of the Minister of Finance and Public Administration, agreement with the Council of State, and after deliberation by the Council of Ministers at its meeting on 21 December 2012,

DISPONGO:

Single item. Object and scope of application.

The National Response System is approved for a marine pollution event, which is attached to this royal decree and which will apply to all cases of accidental or deliberate marine pollution, whichever is the case. its origin or nature, which affects or is likely to affect the maritime waters over which Spain exercises sovereignty, sovereign rights or jurisdiction as well as the Spanish coast.

Additional disposition first. Deadline for drawing up the plans.

The authorities dependent on the General Administration of the State responsible for the approval of the plans, as well as any private entity that, according to this royal decree, must elaborate and implement a plan of Marine pollution contingencies shall be available within the shortest possible time and, in any case, before 12 months after the entry into force of this standard.

The provisions of the preceding paragraph shall be without prejudice to the time limit for the competent authorities of the various territorial administrations involved in the National Response System for the drawing up your plans.

Additional provision second. Collaboration for the elaboration of plans.

The Ministries of Development, Agriculture, Food and the Environment and the Interior will lend to the autonomous communities and the cities of Ceuta and Melilla that request the necessary advice and collaboration to achieve the best possible coordination of the various territorial plans, in accordance with the provisions of Article 4 of Law 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Additional provision third. Offshore area.

The Minister for Development is empowered to establish the "offshore" area referred to in Article 4 (4) of the National Response System, subject to the requirements of Article II (a) (i) (ii) of the Protocol 1992 amending the International Convention on Civil Liability, which was born of damage caused by oil pollution in 1969, after the Ministry of Agriculture, Food and the Environment submitted a report and subject to the limits of the waters in which Spain exercises sovereignty, sovereign rights or jurisdiction in accordance with the legislation in force, in order to determine when a maritime installation located offshore is subject to the provisions of the National Marine Pollution Response System.

Additional provision fourth. Inland marine and port plans of installations which operate in the maritime and port areas, substances in bulk, harmful and potentially dangerous, other than hydrocarbons.

The facilities that operate in the maritime and port areas in bulk, noxious and potentially dangerous, other than hydrocarbons, and which are therefore outside the scope of the Royal Decree 253/2004, of 13 February, establishing measures for the prevention and control of pollution in the operations of loading, unloading and handling of hydrocarbons in the marine and harbour field, must approve their internal plans According to the provisions of this royal decree.

Additional provision fifth. Implications in the field of civil protection planning for coastal pollution events.

The contingency plans that make up the coastal subsystem of the National Response System will be integrated, where appropriate, in the system of civil protection response, at the territorial level that in each case corresponds, in those alleged coastal pollution which may affect the safety of persons and property.

Single transient arrangement. Validity of existing plans.

1. The internal plans of contingencies for accidental marine pollution for the installations that handle hydrocarbons in the marine and harbour field, regulated in the Royal Decree 253/2004, of February 13, will have the consideration of plans Maritime interiors for the purpose of this royal decree and will continue in force without the need for modification. For the amendments to the abovementioned plans requiring a new approval, as well as for the approval of new plans, the provisions of Article 4 of the National Response System will be in line with the provisions of the National Response System. precept, in Article 3 of Royal Decree 253/2004, of 13 February.

2. The existing territorial plans to date will remain in force as they adapt to the provisions of this royal decree.

3. Until the entry into force of the National Maritime Plan created in this royal decree, the National Contingency Plan for Accidental Marine Pollution will remain in force.

Single repeal provision. Regulatory repeal.

How many provisions of equal or lower rank are repealed that are contrary to what was established in this royal decree.

In a specific way, Royal Decree 253/2004 of 13 February establishing measures for the prevention and control of pollution in the operations of loading, unloading and handling of hydrocarbons in the maritime domain and port, is repealed in measure and with the scope established in the unique transitional arrangement of this royal decree.

Final disposition first. Competence title.

This royal decree is dictated in accordance with article 149.1.20. of the Spanish Constitution which attributes to the State exclusive powers in the field of the merchant marine; with Article 149.1.23. powers to lay down basic environmental legislation, without prejudice to the powers of the autonomous communities to lay down additional rules for the protection of the environment on their territory and Article 149.1.29. State exclusive competence over public safety.

Final disposition second. Regulatory development faculty.

The Ministers for Development, Interior and Agriculture, Food and the Environment are empowered, in the field of their competences, to dictate how many provisions are necessary for the development and implementation of in the present 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 Madrid, on December 21, 2012.

JOHN CARLOS R.

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

SORAYA SAENZ OF SANTAMARIA ANTON.

NATIONAL RESPONSE SYSTEM TO A MARINE POLLUTION EVENT

Article 1. Object of the National Response System to a marine pollution event.

1. The National System of Response to a Marine Pollution Event aims to establish, in the face of this nature, a general framework of action integrated by contingency plans of different rank and with the purpose of:

(a) Define the general lines of action, in accordance with the requirements of the International Convention on Cooperation, Preparation and Fight against Hydrocarbon Pollution of 1990 (OPRC 90), its Protocol on harmful and potentially hazardous substances (OPRC-HNS 2000), and other international rules applicable to the prevention and control of marine pollution.

b) Define plan activation guidelines based on emergency situations set according to the severity of the event.

c) Set coordination formulas for assumptions in which multiple plans are activated simultaneously.

d) Establish a communication protocol of the activation of the plans.

e) Define the actions of the various competent public administrations, as well as other public and private institutions, in the use of means applicable in the fight against marine pollution.

(f) To ensure coordination and collaboration between all competent public administrations and public and private entities, which have the means to combat pollution.

Article 2. Definitions.

For the purposes of this National Response System, it is understood by:

(a) "Marine pollution event" means an event or series of events of the same origin involving the direct or indirect introduction into the marine environment of substances or energy causing or likely to cause effects; harmful (as risks to human health, damage to living resources and marine or coastal ecosystems, including loss of biodiversity, obstacles to maritime activities, especially fishing, tourism, activities, etc.). In the case of the sea, a change in the quality of marine waters, which has been limit their use and a reduction in their recreational value, or, in general terms, a reduction in the sustainable use of marine goods and services), and require emergency measures or other immediate response.

(b) "Coast" means the bank of the sea and the rias, as defined in Article 3 of Law 22/1988 of 28 July, of Costas, as well as those elements belonging to the maritime-terrestrial public domain capable of being affected by marine pollution (cliffs, islets, accessions, etc.) and which are defined in Article 4 of that law.

(c) "maritime installations" means enclosures or structures located in the ports, on the coast or at sea, provided with the means necessary to carry out commercial or industrial activities at risk of producing events of marine pollution by hydrocarbons or chemical products, as well as those other than, where appropriate, by maritime administration.

(d) "goods handling terminal" means a maritime installation intended to carry out the transfer of goods between sea and land modes, or in the maritime mode, which may include annexed areas for depositing goods and transport elements.

(e) "contingency plan" means a legal and technical instrument governing the procedures for the organisation and performance of public and private authorities and entities, which is comprehensive in terms of structuring, provision of personal and material means and the management and monitoring of operations in the event of marine pollution.

(f) "Scope of contingency plans" means the space affected, or at the risk of being affected, by an event of contamination in which the actions envisaged in the various plans are carried out. In ports, the scope of application shall be defined by its zone I or inland port waters in the case of ports of general interest, or by the inland area of its port waters, bounded by its overcoats or geographical elements equivalent, in the case of regional ports. In the case of installations or terminals, the scope shall be the area of water which borders the installation or terminal and the width of which shall be twice the length of the largest vessel which can operate on the site and in any case at least 100 metres of radius, except on oil platforms in which case the width shall be a radius of one mile.

g) "Emergency and immediate response measures": decisions and actions aimed at preventing and preventing further damage and the repair of those already produced.

h) "hazard" means the intrinsic capacity of a substance or potential of a marine pollution event to cause, directly or indirectly, damage to persons, material damage and environmental deterioration.

(i) "particularly vulnerable zone" means the area which, due to its natural values, geographical location, or general interest to be protected, requires a special degree of protection and is classified in the territorial plan of the corresponding autonomous community or the cities of Ceuta and Melilla, or in the State Plan for the Protection of the Ribera del Mar.

Article 3. Response subsystems.

The National Response System provides for two subsystems, whose areas of action will be maritime waters and the coast, respectively.

1. The maritime subsystem is made up of the following contingency plans:

(a) National Maritime Plan: contingency plan for a marine pollution event that affects or may affect the waters in which Spain exercises sovereignty, sovereign rights or jurisdiction under Article 264 of the Royal Decree-Law 2/2011 of 5 September, approving the recast of Law 27/1992, of 24 November, of ports of the State and of the merchant navy.

b) Maritime interior plan: contingency plan for an event of marine pollution occurring within its scope, in a port, a maritime freight terminal, a marine platform of exploration or exploitation of natural resources at sea, as well as any other maritime installation located in areas where Spain exercises sovereignty, sovereign rights or jurisdiction.

The organizational structures of the available means of the autonomous communities or of the cities of Ceuta and Melilla will be able to form part of the maritime subsystem to deal with certain operations at sea. Such structures will have to be integrated with the National Maritime Plan, in the terms previewed in this royal decree, and according to the criteria of the current National Plan of Special Services of the Human Life in the Sea and the Struggle against the Pollution of the Marine Environment, as well as any specific agreements or conventions which may exist for these purposes.

2. The coastal subsystem is composed of the following contingency plans:

(a) State Plan for the Protection of the Sea against Pollution: Contingency plan for a marine pollution event affecting or affecting the coast and requiring the intervention of the Administration State General through the Ministry of Agriculture, Food and Environment and, where appropriate, the Ministry of the Interior, taking into account the activation criteria provided for in Articles 7 and 8 of this royal decree.

(b) Territorial plans for autonomous communities and towns in Ceuta and Melilla for the protection of the sea against pollution (hereinafter 'territorial plans'): contingency plan for a pollution event marine that affects or may affect the coast of an autonomous community or the cities of Ceuta and Melilla.

(c) Local plans for the protection of the sea against pollution (hereinafter local plans): contingency plan for a pollution event affecting or likely to affect the territorial scope of a local authority coastal.

Article 4. Elaboration and approval of contingency plans integrated into the National Response System.

The elaboration and approval of the various contingency plans shall be governed by the following rules:

1. The National Maritime Plan will be developed and approved by the Ministry of Public Works, with the specialized technical support of the Ministry of Agriculture, Food and Environment for specific aspects related to the recovery of species, marine biodiversity and marine areas with some protection figure.

2. The State Plan for the Protection of the Ribera of the Sea against Pollution, will be prepared and approved by the Ministry of Agriculture, Food and Environment, prior to the report of the Sectoral Conference of the Environment, of the Advisory Council of the Environment. Environment and the National Civil Protection Commission, with the specialized technical support of the Ministry of Development for specific aspects related to the preparation and fight against pollution on the coast from ships and fixed installations and the Ministry of the Interior as regards the protection of persons and property.

3. The territorial plans shall be drawn up and approved by the competent authorities of each of the coastal autonomous communities and cities of Ceuta and Melilla and shall be approved by the National Civil Protection Commission, as provided for in Law 2/1985 of 21 January on Civil Protection.

4. The inland maritime plans, corresponding to a maritime installation situated "offshore" or in waters over which Spain exercises sovereignty, sovereign rights or jurisdiction, shall be drawn up by the authorities or undertakings in charge of the and approved by the General Directorate of the Merchant Navy of the Ministry of Public Works. The Ministry of Agriculture, Food and the Environment, the Ministry of the Interior, the Ministry of Defense and, where appropriate, the competent authorities of each of the autonomous communities will be informed of the approval of these plans. littoral and the cities of Ceuta and Melilla.

5. Maritime inland plans, belonging to ports other than state-owned ports and to maritime installations situated on the coast outside the state port area, shall be drawn up by the authorities or undertakings in charge of them, and approved by the autonomous community or by the city of Ceuta and Melilla in whose territory they are located, prior binding report of the maritime captaincy. From the approval of these plans, knowledge will be given to the relevant Government Delegation.

6. The inland marine plans, relative to facilities located in the harbour field of state ownership, will be elaborated by the companies in charge of the same and approved by the marine captaincy, previewed the binding report of the community or of the cities of Ceuta and Melilla in terms of the coastal part, and of the port authority which, moreover, will take them into account for the elaboration of their own internal maritime plan. The Government Delegation will be informed of the approval of these plans.

7. The inland marine plans of the ports of State ownership, will be elaborated by the corresponding harbour authorities and approved by the General Direction of the Merchant Marine, previewed report of the marine captaincy and the community (a) the coastal zone or the cities of Ceuta and Melilla, where appropriate, which shall be binding in respect of the coastal part. The Government Delegation will be informed of the approval of these plans.

8. The local plans shall be drawn up and approved by the local authority responsible, where appropriate, and approved by the autonomous community. All this in the terms set out in the corresponding autonomic regulations. The Government Delegation will be informed of the approval of these plans.

Article 5. Content of the various contingency plans.

1. In accordance with the recommendations of the International Maritime Organization and in order to have homogeneous terminology and indicators in all contingency plans, these should have the following minimum content:

a) Scope of the plan.

b) Risk analysis and vulnerable areas, in which an assessment will be made of the possible risks of contamination according to the meteorological, oceanographic and environmental conditions, as well as the characteristics and the conditions of operation of the facilities, identifying, where appropriate, the most vulnerable areas to be protected, by means of the relevant sensitivity maps of the area covered by the area of application. The risk analysis shall take into account in any event the possible danger to persons of the different scenarios and types of marine pollution likely to affect the area of the coast concerned.

c) Determination of the circumstances of the plan activation, depending on the stages and situations that may arise, depending on the severity of the event and the material and human resources to be mobilised.

d) Composition and functions of the management and response bodies of the plan, where the management positions responsible for conducting the operations, as well as the response teams included in the plan, and the tasks will be identified of each one.

(e) Incident notification procedure, where the communication system shall be described to the competent authorities, the content of the communications, as well as the person or department responsible for such notification.

f) Coordination system with other plans, in which the procedure of integration or coordination of the plan will be determined with others of equal or higher rank, according to the criteria established in this National System of Response.

g) Action procedure, which will define the protocols to be implemented in the event of contingency, as well as the immediate response measures aimed at preventing and preventing further damage and repair of those already produced.

h) Circumstances in which the end of the contingency is declared, when the contamination episode that originated it can be considered completed.

i) Inventory of available means under its field of competence, describing the material means available for the containment and recovery of a pollutant spill (personal protective equipment, material of containment and collection of the spill, cleaning and decontamination equipment, and toxic and hazardous waste management depots and stations, among others), including the identification of the place or places of deposit and those responsible for its custody; maintenance and operation.

j) Program of maintenance of the material means available, specifying the periods of review and the maintenance operations, in accordance with the prior experience and the indications of the manufacturer of each equipment.

k) Training programme and periodic simulation exercises for the activation of the plan, where both the theoretical training courses of the staff assigned to the fight against pollution will be established, as well as the different levels of practical exercises to be performed and their periodicity.

(l) Procedure for the review of the plan, in which the conditions and time limits for carrying out periodic reviews of the plan will be defined, as well as the setting up of a commission responsible for the review and monitoring of the plan. results in the practical application of the plan.

2. The provisions of this Article shall apply to local plans, in accordance with the constitutional regime corresponding to the specific jurisdiction in question in each case.

Article 6. Management and response bodies of a contingency plan.

1. The response structure of a contingency plan, whatever its range, shall be adapted to the schemes adopted by the International Maritime Organisation and shall have the following bodies:

a) A Director of the Emergency, whose task is to activate or deactivate the plan, establish the general lines of action and the guidelines to be followed by the response groups through timely decision making, monitoring of the results and maintaining the institutional relations between the competent public administrations.

(b) An Advisory Technical Committee, composed of experts whose expertise in scientific, technical, legal or economic matters may be relevant and whose task is to advise the director of the emergency.

(c) A Coordinator of Operations, at whose office the address of the response groups acting in the affected area, shall perform his duties in accordance with the guidelines which the Director of the Operations emergency.

(d) Some Response Groups, in charge, according to the plan to which they are attached, of the immediate response to the risk (of explosion, fire or chemical risk, among others), of the management of the anti-pollution equipment, the recovery of the spilled products, the proper management of the waste collected, the cleaning of contaminated areas and the protection of biodiversity.

e) A Public Relations Cabinet, which is responsible for relations with the media and for the dissemination of the statements made by the director of the emergency on the evolution of the situation.

f) A Logistic Support Group, which is responsible for addressing the needs of response groups.

2. This response structure will be limited in time, as it will only work when a contingency plan is activated, acting from that point of time and being in effect only for as long as the plan remains activated.

3. The provisions of this Article shall apply to local plans, in accordance with the constitutional regime corresponding to the specific jurisdiction in question in each case.

Article 7. Emergency phases and situations.

1. In order to establish the emergency phases and situations and activate the corresponding plan or plans in the appropriate degree of response, the following circumstances shall be taken into account:

a) The magnitude and danger of the contamination event, class and type of the polluting agent and site of contamination.

b) Surface and vulnerability of potentially affected areas, based on economic, environmental, health protection and human life reasons.

c) Required media.

2. The phases and emergency situations are as follows:

I) Alert phase. The alert phase of a specific plan or set of plans of the National Response System in response to an event of marine pollution, will involve the provision of action of the means and resources mobilized, according to the field of competences of the plan or plans concerned and the degree of response corresponding to the characteristics of the potential event.

II) Emergency phase. An emergency phase shall be considered when, if there is a marine pollution incident, the prevention and reduction of the damage resulting from or arising from it requires the mobilization of means and resources of one or more of the plans of the members of the National Response System:

a) Situation 0: an episode of marine pollution of small magnitude and dangerousness will occur, characterized by one of the following circumstances:

i) That marine pollution is within the scope of an internal maritime plan or/and a local plan.

(ii) that pollution falls within the scope of the maritime internal plans.

iii) That the pollution affects or may affect exclusively and in a limited way to the coastal front of a local entity.

In this emergency situation, at least, in the appropriate degree of response, the maritime interior plan or/and the appropriate local plan shall be activated.

(b) Situation 1: occurs when an episode of marine pollution of medium magnitude or dangerousness occurs, characterized by one of the following circumstances:

i) That the means available in the plans activated in situation 0 are insufficient to combat pollution.

(ii) that the contamination would have occurred outside the scope of the maritime inland plans.

(iii) that due to the circumstances of vulnerability of the affected or threatened area, the situation 0 is still applicable, it is considered necessary by the responsible authorities, to activate the plans corresponding to the Situation 1 in the degree of response deemed appropriate.

(iv) The pollution affects or may affect the stretch of coast corresponding to several neighbouring municipalities.

In this emergency situation will be activated, in the appropriate degree of response, in addition to the maritime interior plan, if any, at least the territorial plan of the autonomous community and/or the city of Ceuta or Melilla or the plans local area and, where appropriate, the National Maritime Plan.

c) Situation 2: It will occur when any of the following circumstances occur:

i) That the means available in the plans activated in situation 1 are insufficient to combat pollution.

ii) That the affected or threatened area is particularly vulnerable.

In this emergency situation, the local plans of the corresponding area, the territorial plan of the autonomous community or the city of Ceuta or Melilla affected, and, if necessary, the local plans of the corresponding area, will be activated. maritime interior plan. The management body of the territorial plan may request from the Ministry of Development the support of maritime resources and, where appropriate, the activation of the National Maritime Plan. The management body may also request from the Ministry of Agriculture, Food and Environment the mobilization of means of the State Plan for the Protection of the Sea against Pollution, including such means, if any, in the territorial plan.

d) Situation 3: an episode of marine pollution of great magnitude or danger will occur, characterized by one of the following circumstances:

i) That pollution affects or may affect the coast of several autonomous communities.

(ii) that pollution may affect the waters or the coast of neighbouring States.

(iii) pollution should occur in the waters under the sovereignty of the neighbouring States, but which could endanger, due to its danger, extension and geographical proximity, the maritime waters over which Spain exercises sovereignty, sovereign rights or jurisdiction, or the Spanish coast.

iv) That, being in danger the security of persons and property, the emergency is declared of national interest by the Minister of the Interior, as established in the Basic Standard of Civil Protection, approved by the Royal Decree 407/1992, April 24.

In this emergency situation the National Maritime Plan and the State Plan for the Protection of the Ribera del Mar against pollution will be activated, in addition to the territorial plans of the autonomous communities or the cities of Ceuta and Melilla concerned, as well as, where appropriate, the maritime inland plans and the relevant local plans.

Article 8. Activation and relationship between the different plans.

1. Maritime subsystem plans:

(a) The maritime inland plans shall be activated by the authority or undertaking in charge of the plans, in the appropriate degree of response.

b) The activation of an emergency maritime interior plan will involve the declaration of the alert phase of the National Maritime Plan and the corresponding territorial plan, as well as of the organizational or the operation of the coastal autonomous communities or the cities of Ceuta and Melilla in order to cope with certain actions at sea.

c) The National Maritime Plan shall be activated by the maritime authority when it is necessary for the prevention or mitigation of the damage, with the consequent mobilization of the means of intervention attached to it. The use of means previously mobilised by the other plans of the maritime subsystem will be carried out in the framework of the National Maritime Plan and following its protocols.

2. Coastal subsystem plans:

(a) The territorial plans and local plans shall be activated by the competent authorities in each case, in the appropriate degree of response.

b) The activation of a local plan will result in the declaration of the alert phase of the corresponding territorial plan. In turn, the activation of a territorial plan will be the declaration of the alert phase of the State Plan for the Protection of the Sea against Pollution.

c) The State Plan for the Protection of the Ribera of the Sea against Pollution will be activated by the Ministry of Agriculture, Food and Environment. The mobilization of means of intervention of the plan will take place as foreseen in situations 2 and 3 referred to in article 7.2 of this royal decree.

d) In the event that means of the State Plan for the Protection of the Sea against Pollution are mobilized in situation 2, these means will complement those of the territorial plan that would have been activated. In this case, a representative of the Ministry of Agriculture, Food and Environment, to which the coordination of the resources provided by the State plan will correspond, will be part of the operational coordination center from which the emergency. In the case of emergencies declared as situation 3, the use of means previously mobilized by the other plans of the coastal subsystem will be carried out in the framework of the State Plan of Protection of the Ribera del Mar against the Pollution and following their protocols.

Article 9. Maritime subsystem plan activation communication protocol.

In case of activation of any of the plans of the marine subsystem and with the objective of articulating an adequate and effective response the following protocol of communication is established:

1. When the authority or undertaking in charge of an internal maritime plan agrees to its activation, it shall inform the local and regional authorities concerned and the maritime authority that it shall inform the Government Delegation in the autonomous community. or city of Ceuta or Melilla concerned and the Provincial Coast Services of the Ministry of Agriculture, Food and the Environment.

2. Where the competent authority of an autonomous community or of the cities of Ceuta and Melilla, which has its own organisational structure and means to deal with operations at sea, shall inform the authorities of such operations. the local authorities concerned and the Delegation of the Government, who will inform the maritime captaincy, the Directorate General of Civil Protection and Emergencies of the Ministry of the Interior and the General Directorate of Sustainability of the Coast and the Sea.

3. When the maritime authority agrees to the activation of the National Maritime Plan, it shall immediately inform the Department of Homeland Security, the Directorate General of Civil Protection and Emergencies of the Ministry of Interior, the Ministry of Agriculture, Food and the Environment and the Delegation of the Government, who will transfer this circumstance to the territorial administrations that could be affected.

Article 10. Coastal subsystem plan activation communication protocol.

In case of activation of any of the plans of the coastal subsystem and with the objective of articulating an adequate and effective response the following communication protocol is established:

1. When the competent body activates a local plan, it shall inform its autonomous community and the Government Delegation in that community, who shall inform the maritime captaincy and the Ministry of Agriculture's Provincial Coast Services, Food and Environment.

2. When the competent authority of an autonomous community or of the cities of Ceuta and Melilla activates its territorial plan, it shall inform the local authorities concerned and the Delegation of the Government, who shall inform the captaincy. maritime, to the Directorate General of Civil Protection and Emergencies of the Ministry of the Interior and to the General Directorate of Sustainability of the Coast and the Sea.

3. The activation of the State Plan for the Protection of the Ribera of the Sea against Pollution should be communicated by the Ministry of Agriculture, Food and Environment to the local and regional authorities affected, through the Government delegations in these autonomous communities or in the cities of Ceuta and Melilla, the General Directorate of the Merchant Navy, the Directorate General for Civil Protection and Emergencies of the Ministry of the Interior and the National Center of Driving Crisis Situations.

Article 11. Emergency coordination by authorities designated by the autonomous communities or by the cities of Ceuta and Melilla.

1. The general coordinator of the emergency shall be designated by the autonomous community or the corresponding Ceuta and Melilla cities provided that the only activated plans are a territorial plan or one or more local plans of the same community. together with an internal maritime plan.

2. The coordination of actions in the event of the simultaneous activation of an internal maritime plan and a territorial plan which has its own organisational structure and means of dealing with certain operations at sea will be the responsibility of the the management body of the territorial plan, without this being the substantive change in the basic arrangements for the organisation or operation of the inland waterway plans.

3. Where the coordination of the emergency is assumed by an authority designated by the autonomous community or the cities of Ceuta and Melilla, it shall be for that authority to incorporate the emergency decision-making bodies to a representative of the General direction of Marina Mercante, which will normally be the competent maritime captain for the reason of the place where the event occurs, as well as a representative of the Operations Directorate of the Society of Salvage and Maritime Safety (SASEMAR), a representative of the Delegation of the Government and a representative of the Directorate-General for Sustainability of the Coast and the Sea. If maritime inland plans are also activated, the representation of port authorities and authorities should also be ensured.

Article 12. Coordination between plans of the maritime subsystem and the coastal subsystem, when the National Maritime Plan is activated.

1. In cases where inland maritime plans are activated together with the National Maritime Plan, the coordination of actions shall be the responsibility of the management body of the National Maritime Plan, without the substantive alteration in the basic organisational or organisational arrangements. the operation of the inland waterway plans.

2. The maritime interior plans, the local plans and the territorial plans of the autonomous communities and the cities of Ceuta and Melilla will have to be coordinated and adapted to the National Maritime Plan, in the terms of the article 264 of the Royal Decree Legislative 2/2011, of 5 September, approving the recast of Law 27/1992, in those aspects involving actions at sea.

3. In the event of the joint activation of a territorial plan and of the National Maritime Plan (situations 1 or 2), a coordinating body shall be constituted by a representative of the Government Delegation, the maritime captain and the head of the demarcation. of the competent costs by reason of the place where the event occurs, as well as by three representatives appointed by the affected autonomous community.

Article 13. Declaration and general coordination of an emergency in situation 3.

In the event of any of the circumstances defining a situation emergency 3, the structure and functions of the coordinating bodies of plans, which will respond to the principle of single command is the one set out to continuation:

1. The General Coordinator, who will declare the emergency situation 3, will establish the priorities for action in each case, according to the information available, and facilitate the communication and the joint decision-making among the directors of activated plans.

The general coordination will be the responsibility of the Minister of Public Works (or alternatively the Minister of Agriculture, Food and the Environment, when no plan of the maritime subsystem is activated), except in those emergencies that give rise to pollution of the coast which may affect the safety of persons and property and are declared of national interest in accordance with the rules in force in the field of civil protection, in which the functions of general coordinator shall correspond to the Minister of the Interior.

Declared by the general coordinator the emergency situation 3, will determine the activation, by the authorities that in each case correspond, of the plans that integrate the National System of Response to the contamination marine and that they may be affected by the emergency situation.

2. A Board of Directors, whose main missions will be to advise the general coordinator on decision making and to provide additional information on the characteristics of the areas to be protected.

3. A Technical Advisory Board, whose mission is to provide the general coordinator and the directors of the activated plans with scientific and technical information on the characteristics and behaviour of the pollutant, to the environment affected by the pollution, or any other aspect that might be relevant to decision-making, as well as legal assistance in decision-making.

4. An Economic Council whose task is to account for the costs incurred in the field of pollution and to advise on administrative procedures for recruitment, as well as to coordinate the related complaints.

5. A Center for Information and Relations with Social Media.

Article 14. Composition of emergency coordination bodies in situation 3.

In situation 3, the composition of the mentioned organs will be as follows:

(a) The Board of Directors shall be composed of the Director General of the Merchant Navy, the Director General of Sustainability of the Coast and the Sea, the Director General of Civil Protection and Emergencies, the Director of the Department of Homeland Security, Director General of Defense Policy and Admiral Second Chief of Staff of the Navy, and directors of territorial and local plans that are activated. Members of the Governing Board may delegate in each individual case to the person in their organisation who they consider to be most appropriate.

b) The Technical Advisory Board shall be composed of the Director of the Spanish Oceanography Institute, the President of the State Meteorology Agency, the President of the Scientific Research Council, the Director of the Center for Studies and Experimentation of Public Works, the Chief of the Operations Division of the Navy, a representative of the Military Emergency Unit, the Director and the Chief of Operations of SASEMAR, the State Attorney Head corresponding to the ministerial department of the general coordinator of the emergency, as a representative designated by the competent authority of each of the territorial plans that are activated, or the persons in whom they delegate, and those national or international experts who are required to do so by the General coordinator of the emergency.

(c) The Economic Council shall be composed of the deputy directors-general or equivalent (s) responsible for economic affairs in the management centres concerned with the members of the management board, or persons in the that they delegate.

d) The information centre shall be composed of members of the press office of the ministry corresponding to the general coordinator of the emergency, together with representatives of the various departments and communities. Autonomous regions or cities of Ceuta and Melilla concerned.