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Resolution Of April 24, 2015, Of The Port Authority Of Las Palmas, That Publishes The Approval Of A List Of Particular Requirements Of The Port Service Of Pilotage In The Port Of Arrecife.

Original Language Title: Resolución de 24 de abril de 2015, de la Autoridad Portuaria de Las Palmas, por la que se publica la aprobación del Pliego de Prescripciones Particulares del Servicio Portuario de Practicaje en el Puerto de Arrecife.

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TEXT

The Board of Directors of the Port Authority of Las Palmas, in session dated December 18, 2014, in view of the proposal made by the Management, in accordance with the forecasts contained in the Royal Decree Legislative 2/2011, of 5 September, for which the Recast Text of the Law of Ports of the State and the Merchant Marine is approved, with respect to the regulation of the specific requirements of the Harbour Service of Practice, has adopted the agreement " Approve the Statement of Specific Prescriptions for the Provision of the Harbour Service Pilotage in the Port of Arrecife "and its publication in the" BOE " of the full text of the contract as well as on the website of the Port Authority.

Las Palmas de Gran Canaria, April 24, 2015. -President of the Port Authority of Las Palmas, Luis Ángel Ibarra Betancourt.

RESOLUTION OF THE BOARD OF DIRECTORS OF THE PORT AUTHORITY OF LAS PALMAS, APPROVING THE SPECIFICATION OF THE PARTICULAR REQUIREMENTS OF THE PORT OF REEF PORT SERVICE

Background

I. Dated October 23, 2013, registration number 6549, the Port Authority of Las Palmas, after having been heard by the Port of Reef Port Services Committee, and other interested parties, pursuant to Article 113.1 of the Recast Text of the Law of Ports of the State and the Merchant Marine, approved by the Royal Decree Legislative 2/2011, of 5 September (in future TRLPEMM), has sent to Ports of the State for its report the file of the draft of the Pliego Private of the Port of Practice in the Port of Arrecife, according to the provisions of the TRLPEMM.

II. With the date of entry into this Body 24 November 2014, registration number 7015, the Resolution of the President of Ports of the State of 17 November 2014 was received, issuing a favourable report to the draft of the Pliego de Prescripciones The Port of Arrecife is a special service for the Port of Arrecife, which is conditional on the incorporation of the modifications set out in the report, prior to its final approval by the Board of Directors of the the Port Authority.

In its virtue, this Board of Directors of the Port Authority of Las Palmas in session of December 18, 2014, agrees:

First.

Approve the Pliego of Particular Prescriptions of the Port of Practice in the Port of Arrecife, in the terms established in the Recast Text of the Law of State Ports and the Merchant Navy, approved by Real Legislative Decree 2/2011 of 5 September.

Second.

Ordering the publication in the Official Journal of the State of the Referred To Particular Prescriptions, as well as the approval agreement in accordance with the provisions of Article 113.5 of the TRLPEMM, will be available to those interested in the offices of the Port Authority of Las Palmas in physical and electronic format.

Against this resolution, which puts an end to the administrative path, it may be possible to appeal to this Board of Directors for a period of up to one month or alternatively to the Administrative Board. within two months, before the Chamber of Administrative-Administrative of the Superior Court of Justice of the Canary Islands, both periods from the day following the notification of this Resolution.

In compliance with the provisions of Article 27 (5) of Law 30/1992, the Legal Regime of Public Administrations and the Common Administrative Procedure, the minutes of the session of the Council of Administration of 18 December 2014 has not yet been approved.

Las Palmas de Gran Canaria, December 18, 2014. -V. º B. º of the President of the Port Authority, Luis Ibarra Betancourt. -Secretariat of the Board of Directors of the APLP, Maria Bosch Mauricio.

SPECIFICATIONS OF PARTICULAR REQUIREMENTS OF THE PORT OF REEF PILOTAGE SERVICE

Clause 1. Legal Foundation.

In accordance with the provisions of Article 113 of the Recast Text of the Law of Ports of the State and of the Merchant Navy, approved by Royal Decree-Law 2/2011 of 5 September (hereinafter TRLPEMM), it corresponds to the The Port Authority of Las Palmas the approval of these Special Prescriptions for the provision of the pilotage service in the port of Arrecife.

Clause 2. Definition.

It is understood by service of pilotage the service of advice to captains of ships and floating artifacts, borrowed on board of these, to facilitate their entry and exit to port and the nautical maneuvers within this and the geographical limits of the practice area, under security conditions and in the terms set out in the recast text of the TRLPEMM, in the General Practice Regulation (hereinafter RGP), in the Operation and Police Regulation, in the Port ordinances and these particular prescriptions.

According to the provisions of Royal Decree 393/1996, of March 1, for which the RGP is approved, it is understood by:

1. Entry practice: the advice service provided by the practical to safely direct a vessel or floating device in accordance with the particular provisions of each port, to its destination in a port area, either properly anchored or moored to a dock, buoy, dike, pant, dry dock, or port, passing through channels or locks if necessary.

2. Exit pilotage: the advice service provided by the practice to safely direct a floating vessel or device from its place of docking, anchorage, buoy, dike, pant, dry dock or port, up to the geographical limits of the 'pilotage' area, in accordance with the particular provisions of each port or to the point where it leaves the ship in the Czech Republic, subject to the indication of its master, passing through channels or locks if necessary.

3. Practice for internal movements: the advisory service that is provided by the practitioners to move a floating vessel or artifact from one place to another within the limits of the practice service.

4. Practical: it is the person who prior to his corresponding qualification and appointment; advises the captains of ships and floating devices to facilitate their entry and exit from the ports, rivers, rías or bars, anchorages, buoys, cargo exterior and dikes, in the movements both inside and outside of the ships, in anchorages, docks and disatraces, as well as in other areas; indicating the convenient defeat of the ship and the nautical maneuvers necessary for greater security of the navigation.

The provision of these services may be performed only by the lending company that is licensed to do so, in accordance with the TRLPEMM.

Clause 3. Object.

The purpose of these particular prescriptions is the regulation of the granting of the license and the provision of the pilotage service referred to in Article 108 and 126 of the L. P. in the port of Arrecife.

The number of providers will be limited to a single provider, given that there is only one port area in the port of Arrecife. For this purpose, it is understood as a port area that it is capable of fully independent exploitation including its maritime accessibility and therefore that the geographical limits of the provision of the relevant pilotage service to each of these areas are completely independent.

These licenses must conform to what is established in the TRLPEMM and these particular prescriptions.

Clause 4. Geographical scope.

The geographical scope of this service is the port area bounded by the service areas of the port of Arrecife, in accordance with the provisions of the Demarcation Of Spaces and Port Uses (DEUP).

1. Geographical limits of the provision of the technical-nautical pilotage service:

The pilotage service shall be provided at the port of Arrecife and the field of buoys for the supply to the airport, within the area within the following limits:

Lat. 28º 58.9 N and L 013º 30.6 W continuing at sea in positions.

Lat. 28º 58.9 N and L 013º 29.0 W.

Lat. 28º 56.4 N and L 013º 30.6 W.

Lat. 28º 55.0 N and L 013º 37.0 W.

Lat. 28º 56.0 N and L 013º 37.0 W, on land in Punta Lima (southern limit).

2. The anchorage zone of waiting for a berth and/or emergency shall be the area within 1.5 nautical miles between the delay 062º/v from the southern end of the dock dock Los Marbles, to the position Lat. 28º 5809 N and L 013º 29.0 W and the delay 148º/v from the south end of the dock dock Los Marbles to the position Lat. 28º 56.4 N and L 013º 30.6 W.

See Annex II.

However, in order to provide the service, the Practice may leave outside the geographical limit of the area of practice established, after warning to the CCSP of the Port Authority of Las Palmas, when necessary for the maneuvers are carried out in conditions of safety for navigation, for ships and for their crews.

Clause 5. Access requirements.

1. General requirements:

The provision of the pilotage service will require obtaining the corresponding license to be granted by the Port Authority subject to the provisions of the TRLPEMM and in this Statement of Specific Prescriptions. The license for the provision of the service shall always be of a specific nature.

As the number of providers of the practice service under Article 126.3 of the TRLPEMM is limited, the licence shall be awarded by contest in accordance with Article 115 of the said Law and by the deadline fixed in these Specific Prescriptions, upon accreditation by the successful tenderer of the fulfilment of the requirements laid down in the Law and in these Specific Prescriptions.

They may submit tender in the tender awards of the license for the provision of the service, the natural or legal persons of Spain, of other countries of the European Union or of third countries, conditioned the latter to the proof of reciprocity, except in cases where the commitments of the European Union to the World Trade Organisation do not require such a requirement, that they have full capacity to act and are not incurred as a result of incompatibility.

In any case, according to the provisions of the second transitional provision of the Law of Ports of the State and the Merchant Navy, the company prestatora, as also provided for the second transitional provision of the Law 27/1992, of 24 November, of Ports of the State and of the Merchant Navy, shall be entitled to obtain the licence to provide the service as long as they are practical under the conditions laid down in paragraph 1 of the said transitional provision second, provided that they meet the requirements and conditions set out in the Prescriptions Particular of the pilotage service.

The staff of the practice service company must comply with the qualifications and professional qualification requirements as laid down in the applicable legislation as well as these requirements. particular.

The service provider must have sufficient human and material resources to develop the unit operations normally expected at the port, in conditions of safety, quality, continuity and regularity based on the characteristics of the demand.

2. Incompatibilities:

The holder of a licence for the provision of a port service of pilotage shall not be able to participate, by itself or through any natural or legal person, in the capital or in the management of authorized undertakings for the provision of any other nautical technical service on the same port, except in the case of the service integration license.

Clause 6. Economic-financial, technical and professional solvency.

A) The financial soundness of the company shall be credited when the following two requirements are met:

(a) The applicant company shall have a net worth representing at least 10% of the value of the service delivery costs for two years.

(b) The applicant company shall have a net worth equal to or greater than 15% of the total assets of the undertaking.

This requirement will be credited by any of the following means:

a. Presentation of the audited annual accounts, not in extract, even if it is not an obligation for them to be presented in the States in which they are established.

b. Financial institutions report.

c. Public subscription and disbursement of social capital in the case of legal persons.

If, for justified reasons, an employer is unable to provide the requested references, the service provider may credit his financial and financial solvency for any other documentation deemed sufficient by the employer. Port Authority.

The holder of the license for the provision of the service shall keep abreast of the performance of the tax, labor and social security obligations throughout the duration of the license and thus must prove it. to the Port Authority.

B) Technical and professional Solvency. The technical and professional solvency of the company shall be accredited by the following means:

1. The applicant company must provide proof that it has the required number of duly authorised practitioners and to undertake that the service will be carried out throughout the period of the licence for practical reasons. authorized by the aforementioned Administration, duly appointed by the Port Authority, in accordance with the current regulations.

2. The applicant company must prove that the rest of the workers comply with the requirements laid down in these Specific Prescriptions and by the General Directorate of the Merchant Navy for the personnel on board.

3. The applicant undertaking must prove that it has the material means, facilities and technical equipment appropriate to the performance required by these particular requirements for the provision of the service.

Clause 7. Conditions of benefit.

1. Reach the service:

The licence holder shall provide the service in accordance with the good rules of the trade, in accordance with the principles of objectivity and non-discrimination, and as provided for in the TRLPEMM, in the General Practice Regulation, in the conditions set out in these Specific Prescriptions and in the license granted by the Port Authority.

The instructions given by the practicalities from the time they depart from the pilotage station shall be considered to be included in the practice service, as well as the precise information required by the vessel to carry out the operation. the provision of the service in terms of efficiency and safety of the navigation of ships, their crews, port facilities and service users.

The Port Services Control Center will certify the use of the practice service.

2. Exemptions from the obligation to use the pilotage service:

The use of the pilotage service shall not be required by vessels and captains to which the Maritime Administration has granted exemption, with criteria based on the local experience of the ship's captain, characteristics of the ship, the nature of the cargo, the peculiarities of the port and other circumstances that are regulated before the Harbour Authority report, heard the organ that exercises the representation of the practical ones national, in accordance with the provisions of the General Practice Regulation, in Order FOM 1621/2002, of 20 July and any other legislation applicable to it.

According to Article 126 of the TRLPEMM, with a general character, unless expressly indicated by the Maritime Captaincy for reasons of safety in navigation, will be exempt from the service of pilotage the ships and vessels to the Service of the Harbour Authority; those destined to the realization of works in the harbour public domain; those destined to the victualling and the supply of ships; those destined to the provision of harbour services, based on the port and those who are at the service of other Public Administrations, who are based on the port, as well as those vessels of any other type, whose crew includes a master who has exercised, inter alia, as a practice in the port concerned, or has passed the theoretical and practical training tests in port.

3. Operations required by the service:

The pilotage service includes performing the following operations:

1) Establishment of contacts and timely interrelation with the Port Authority Service Control Center for the coordination, management and control of port maritime traffic and other technical services nautical.

2) Exchange of information with the ship requesting the service, to coordinate and agree on the point and time of boarding of the practice and the conditions of the service.

3) Advice to the Captain on board the ship, for the conduct of the port's entry or exit manoeuvres, anchorage or dock or dock change.

4) Advice to the ship's captain for the coordination of the technical and nautical services of towing and mooring during the conduct of the nautical operations.

5) Compliance with the instructions of the port or maritime administration in the field of their competence, with regard to the allocation of berthing or anchorage positions for ships, except for force majeure or emergency.

4. Service coordination:

The service provider must attend to all requests for the delivery of the service received, under the conditions set out in these particular requirements.

The practice will follow the instructions from the Port Authority and coordinate the maneuver in its advisory role, with the ship's captain.

The vessels will necessarily have their base at the port and their preferred berth must be approved by the Port Authority, as well as any changes to it.

Ships intended for service may not leave the port service area or provide services other than those set out in these Specific Prescriptions, unless prior and express authorisation of the Authority Port and previous report of the Maritime Captaincy in that it affects the marine safety.

The practice should remain in contact with the service control center, where appropriate, coordinating the programming of the services and warning of the moments of start and end of each of them, as well as of the incidents that arise and follow the instructions from that center or service. To do so, it will provide and use the established means of communication and follow the existing operating procedures of the Port Authority.

5. Operational conditions:

1) The pilotage service shall be provided on a regular and continuous basis to all vessels and vessels that request it, whether they have the obligation to use it or already request it on a voluntary basis, and the Twenty-four hours of the day during all the days of the year, except in the case of force majeure in which case the service provider shall be obliged, without any right to compensation, to take the necessary measures to deal with the circumstances. and ensure the resumption of service. This is without prejudice to the instructions that the Port Authority and the Maritime Captaincy could provide for safety of the port and emergency control.

To these effects is understood by force greater all unforeseeable and exceptional event, independent of the will of the service provider and the Harbour Authority, which is not imputable to a fault or negligence of the provider, and that it could not have been avoided by applying as much diligence as possible, and which prevents the provision of the service.

2) The provision of the service shall be performed with due diligence avoiding delays in the commencement of the service.

The formal request and confirmation of the service request shall be made by the consignee, the Captain or the shipowner of the vessel through the procedure and with the minimum advance notice set out in Annex I

3) During the service it is for the ship's captain to command and address the maneuver.

The Port Authority shall determine the order of precedence of the manoeuvres, taking into account the priorities that the Maritime Authority may have, where appropriate, for the purposes of maritime safety or for reasons of port exploitation.

4) The maintenance work of the vessels shall be carried out during the periods of inactivity of the service.

The service provider must replace the means that are to be left out of service by revision, scheduled maintenance operations or any other cause that may be anticipated in advance. The replacement medium must be available before removing the affected medium.

The service provider shall submit a commitment to replace any equipment or equipment which has been paralyzed by breakdown, repair or administrative reasons, on the other hand, within a period not exceeding 15 calendar days, the Port Authority, without prejudice to the fact that the service must continue to be provided on the same terms of quality, safety, etc. This exceptional period may only be extended in a single additional equivalent period.

The replacement of a equipment or craft by another suitable for the provision must be previously authorized by the Port Authority.

Replacement equipment or vessels must comply with technical characteristics that are suitable for the provision of the service and are previously authorized by the Port Authority.

5) Communications: The pilotage service shall have a communications protocol, in accordance with the procedure approved by the Port Authority, which ensures the normal operation of the service in the terms indicated above and its coordination with the Port Services Control Centre (C.C.S.P.), and, where appropriate, with the Port Operating Service, as the centre responsible for the coordination of operations.

6. Security conditions:

The service provider will be subject to the Service and Police Regulations, as well as the Port Ordinance and Board of Directors resolutions that develop them.

The company will have to integrate into the plans that the Port Authority develops in response to emergency situations and protection of the port with all its means, both human and material, to the effect of provision of the Address of the corresponding Plan, and in accordance with the orders and priorities emanating from it, for which, within the period not exceeding three months from the granting of the license must present to the Harbour Authority inventory of means, their location, their permanence, schedules and other information that the Authority Port requires.

a) Health and safety: The company providing the port of practice, in compliance with its duty of effective protection against occupational risks, will guarantee the rights, safety and health of all workers under their command in all aspects related to the work. It shall develop preventive action on a permanent basis in order to improve existing levels of protection, and shall have the necessary to ensure adaptation to changes in working circumstances.

The company that provides the port of practice, will integrate the prevention of occupational risks in all its activities and decisions, both in the technical processes, in the organization of the work and in the conditions in which it is provided, as at all levels of the hierarchical line (attribution to all and ownership by them, of including the prevention of occupational risks in any activity which they carry out or order, as well as in all decisions to be taken).

The service company, in compliance with the Law on the Prevention of Occupational Risks (Law 31/1995 of 8 November) and in the supplementary legislation, must be approved before the beginning of the activity, the Plan of Prevention of occupational hazards and emergency plans corresponding to the completion of Article 20 of the aforementioned Law.

Likewise, the service company will monitor the implementation of the coordination of business activities, as established in article 24 of Law 31/1995, of 8 November, Prevention of Occupational Risks and in Royal Decree 171/2004, of January 30, for which article 24 of the aforementioned Law is developed, in matters of coordination of business activities, as well as the article 65 of the Law of Ports of the State and the approved Merchant Navy by Royal Decree-Law 2/2011, 5 September.

b) Protection of ships and port facilities: The service provider of the service shall request the Director of the Port Authority for the relevant authorisations for access to the fenced or bounded areas of the port. Port facilities, of each person of the company that has to carry out in that space some activity, being responsible civil of the performances of the same ones. It will also account for people, who duly take over, assume their representation.

The service provider and his/her staff shall comply at all times with the provisions of the above regulations and other applicable regulations related to the protection of ships and port facilities.

1) Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on the improvement of the protection of ships and port facilities.

2) Royal Decree 1617/2007 of 7 December establishing measures for the improvement of the protection of ports and maritime transport ("BOE" No. 304, Thursday, December 20, 2007).

c) Maritime-port security: As soon as the Public Body of Ports of the State develops the Regulation of Exploitation and Police and the corresponding Port Authorities by the Port Authority of the Palms, the maximum speed, in zone I, of the vessels and of the ships to which it is served will be of 7 knots, except the darsena of Naos that will be of 3 knots, trying not to favor the generation of waves that disturb the normal the mooring of vessels berthed at adjacent docks; in zone II it shall be that which the For operational reasons, the Port Authority may authorise a higher speed, subject to the express request and justification of the service provider, for operational reasons.

The provider must comply with the requirements of the "technical conditions for the provision of the pilotage service for maritime safety reasons" approved by the General Directorate of the Merchant Navy, according to The provisions of Article 20 of the General Practice Regulation.

The practical one, before starting the maneuver, will make sure that the elements of security and assistance with which it must count for the realization of the same: moorings and tugs etc., are available to the ship and request the Captain confirmation that the ship has the propellant, manoeuvring, safety and communication elements in perfect operation.

When any incident is detected in this sense, the practice will ask the ship's captain to be subsated, and will put it in the knowledge of the Port Authority as soon as possible through the procedure established by the Port Authority itself, who will decide on the measures to be taken.

When the practice considers risky a maneuver for reasons of draught, bad weather or any other cause, it will be able to advise its realization justifying its decision to the Harbour Authority, remaining the resumption of the manoeuvre and the continuation of the practice service as a result of the decision of that person, which must, in any event, respect the technical conditions for the provision of the service for reasons of maritime safety approved in its case by the Capitania Maritime.

The practicalities must account to the Harbour Authority and the Maritime Captaincy, of any event or occurrence that occurs on the occasion of the provision of the harbour service of pilotage, that it affects or could affect the maritime safety, the safety of human life at sea or the marine environment, including the observed deficiencies and anomalies detected during port entry and exit manoeuvres or in the nautical manoeuvres within the port, which may be relevant to these effects as soon as possible.

For maritime safety, the following points of boarding, landing, waiting area of ships and special conditions are established:

1) The point of boarding:

(a) The entry-to-port point of boarding (including anchorage zone and airport buoys field) shall be located on the outer boundary of the pilotage area within a radius of 1,5 nautical miles from the southern end of the the dock of the Marbles and at that limit, at the point that the practical one considers more suitable in relation to the direction of approach of the ship, meteorological conditions, etc.

However, at the request of the Captain of the ship or the Maritime Captaincy, in accordance with the Practice and for safety reasons, the ship may be able to board the ship at any point in the outer boundary of the area of provision of the service.

(b) The point of embarkation for the port exit maneuver shall be the post assigned as a berth to the ship, the boarding being carried out prior to the departure exercise, either by land or by sea.

The point of boarding for the anchorage departure maneuver shall be the one that occupies the ship before starting to levar chains.

2) Landing point:

(a) The landing point, in the manoeuvres of entry to the dock, shall be the one occupied by the vessel, after the completion of the berth in the assigned position.

(b) The landing point, in the departure manoeuvres of the dock, shall be that which the master of the vessel and the practice considers that the vessel is in the Czech Republic and that it is safe, in accordance with the weather conditions, for the transhipment and/or traffic at that time.

(c) The landing point, in the anchorage exit manoeuvres, after the anchorage cam manoeuvre has been completed, shall be the one which the master of the vessel and the practice considers the vessel to be in the franking and which is safe, depending on the of the weather, the transhipment and/or the traffic at that time, except in the case of the manoeuvres in which the vessel originates for the port, which shall be applicable for the purpose of the dock entry manoeuvres.

(d) The landing point for the exit maneuver of the buoys field after the dismoring manoeuvre of the buoys and the levada anchorage chain has been completed, shall be the one which the master of the vessel and the practice considers to be the vessel remains in the Czech Republic and is safe, depending on weather conditions, transshipment and/or traffic at that time.

Special Conditions: In duly justified exceptional cases, where the weather conditions prevent the boarding of the Practice at the established point, the Practice shall accompany the vessel from such situation to a place where boarding is possible. During this navigation the Practical will advise the Captain of the ship, using how many means are precise-positioning tug of escort, information of traffic, alignment, boats of practice, etc.-. In this case the captain will manifest his explicit conformity.

Waiting Zone: The waiting area for vessels to take Prachticus and proceed to the berth or anchorage position assigned to you will be 1 nautical mile from the outside of the shipping area.

7. Environmental conditions:

The lending company will comply at all times with the current environmental regulations applicable to it, in particular, with those related to water and soil contamination, as well as the regulates waste management, taking appropriate measures not to produce episodes of contamination, avoiding any spill in port docks, and must be integrated into the contingency plan or prevention and fight against the accidental marine pollution of the Port Authority.

The lending company must take appropriate measures not to exceed the emission limits for pollutants into the atmosphere and noise established by the current environmental regulations as well as those determined by the Ordinance. Port concerned, preventing or producing episodes of air or noise pollution and by taking the necessary technical measures to reduce the emission of particulate pollutants from engines.

The provision of the service will be carried out, in any case, with strict compliance with the environmental standards set out in these Specific Prescriptions, in the Regulation of Exploitation and Police, in the Portuguese and the environmental management systems that, where appropriate, adopt the Port Authority, in accordance with its environmental sustainability objectives and indicators.

8. Indicators of the quality level of the service.

The service delivery will be performed with due diligence avoiding delays in the start of the service. The service provider shall carry out pilotage operations in a reasonable time, in accordance with the characteristics of the vessel, the operating conditions, the conditions of the time and the starting points and the end of the provision of the service. service, taking care of the possible instructions that emanate from the Harbour Authority.

The certification of quality of service benchmarks will always be voluntary, as established by the State Ports and M.M. Law, which provides for bonuses on the activity rate when the provider decides to implement them.

The service provider will have an obligation to collaborate with the Port Authority in the study of improvements in service delivery and in the planning of future actions.

The indicators considered for evaluating service delivery will be:

1) Availability of minimum material means, understood to be available to be used at any time: It will be calculated as ratio by ratio of the total time in which the media are available to be used and the total time laid down in these particular requirements in which the service must be operational. The availability count must not be less than 95% of the total annual computing services.

D = Available equipment time/(365 × 24) = 1-(Out of service time)/(365 × 24)

2) Impunctuality: The number of operations that are started with a delay of more than 15 minutes. The maximum annual percentage of delays due to causes attributable to the provider shall be 1%.

The maximum annual percentage of operations initiated with delays exceeding 1 hour, for reasons attributable to the provider, shall not exceed 0,5%.

3) Congestion: The number of operations started with a delay greater than 15 minutes as a result of matching multiple services simultaneously or overlapping. It will be calculated as the ratio of the total number of services delayed by coincidence to the total number of services performed in the year. The maximum annual percentage of delays of this type shall be 1%.

This indicator does not evaluate the quality of the performance by the lending company, but the overall service and media sizing. Failure to comply with this indicator will require the resizing of the material and human means required by the modification of these particular prescriptions as set out in the TRLPEMM.

4) Number of services with accidents. For these purposes, any event or sudden event or event that occurs due to the cause or occasion of the activity of the provider and whose responsibility is attributed the provider, which causes damage to persons, equipment, materials, other vessels, port infrastructure or the environment. The number of services with accidents performed, which will occur over 12 months, will be computed. It shall not be greater than:

-Mild accidents: 0.3% of total.

-Severe or very severe accidents: 0.1% of the total.

5) Number of services with incident. For these purposes, any event or sudden event or event that occurs due to or occasion of the activity of the provider and whose responsibility is attributed to the provider, which alters the normal development of the operations, but which does not cause damage to persons, equipment, materials, other vessels, or port infrastructures, or losses in the service processes or the environment. The number of services with incidents, occurring over 12 months, will be computed. It shall not exceed 60 services per year or 1% of the total number of services performed.

6) Number of complaints and complaints for service delivery in which your final resolution is attributable to the provider. The annual percentage of maximum admissible complaints and complaints shall be 1%

7) Average Claims Response Time: Average between the claim submission date difference and the response date. The limit is set within 15 days. The annual percentage of the off-term response to the admissible claims shall be 1%.

N.

Indicator

Calculation Formula

Limit

Frequency

Maximum allowable annual compute (%)

1

Material media availability.

1-T. Failed/ (365 × 24).

-

Annual.

≥ 95

2

N. of delayed operations.

N ° delayed × 100 /total of services.

15 minutes

Annual

≤ 1

3

N. of delayed operations ≥ 1 hour.

N ° delayed ≥ 1 hour × 100 /total of services.

1 hour

Annual.

≤ 0.50

4

N. of operations delayed by media congestion.

N. delayed P.C.M. × 100 /total services.

15 minutes

Annual.

≤ 1

5

Mild crashes.

No. accidents × 100 /total services.

-

Annual.

0.3

6

Serious or very severe crashes.

N. accidents × 100 /total of services.

Annual.

0.1

7

Incidents.

# of incidents × 100 /total of services.

-

Annual.

60 or ≤ 1

8

Annual claims number × 100 /total of services.

-

Annual

≤ 1

9

Average claims response time.

Difference between claim and response date.

≤ 15 days

Annual.

≤ 1

In the event that during the provision of the service an eventuality occurs that affects any of the indicators shown above, the causes that have caused the deviations must be recorded, for knowledge of the Port Authority.

Failure to comply with the established indicators may lead to the application of penalties and to the termination of the licence if it is reiterated in accordance with this specification, without prejudice to the effects of the could be derived from these defaults.

9. Inspection and control powers.

The Port Authority may at all times inspect the means attached to the provision of the service, as well as check its proper functioning.

To this end, the service provider shall provide the Port Authority with access to the register referred to in the previous paragraph at any time required.

10. Innovation and service improvement.

The provider will acquire the commitment to participate in any initiative that the Harbour Authority promotes for the improvement of the quality of the services and will have the obligation to collaborate with the Harbour Authority in the study of these enhancements and future action planning.

In addition, it may, on its own initiative, propose changes that may in no way imply deterioration or loss of quality in the provision of the service. Any modification in the operating procedures shall be duly justified and shall require prior approval by the Port Authority and prior experimentation of its putting into use.

Also, the provider will acquire the commitment to integrate within the quality mark of the Port of Las Palmas, complying with the rules that regulate it and to participate in any initiative that the Port Authority promotes for improving the quality of services.

11. Temporary suspension of service to a user.

The Port Authority, in the event of non-payment of the service, may authorise the provider to temporarily suspend the service until the payment is made or the debt that generated the suspension is sufficiently guaranteed.

The service provider, when at least one (1) method has elapsed since the payment of the fees had been required, without the user having made cash or sufficiently guaranteed the payment, may ask the Port Authority to temporarily suspend the service to the user. The request shall be made by any means that permit the user to be aware of the reception, as well as the date, identity and content of the request. The suspension capability must be communicated to the user in advance.

The Port Authority, once the request for suspension is analyzed, will be able to impose the prior deposit of the fees to be paid, while it deals with the approval or refusal of the authorization to suspend the service.

The suspension of the default service may only be exercised after authorization from the Port Authority and provided that no security reasons prevent it.

The suspension of the default service may be lifted at the request of the Port Authority or the Maritime Capitania, for duly substantiated security reasons.

After payment of the due, the service delivery will be restarted normally.

Clause 8. Public service obligations.

1. Universal coverage public service obligation.-The service provider shall be obliged to meet any reasonable request under non-discriminatory conditions.

However, the service provider may temporarily suspend the provision to a user for repeated non-payment of previous services as set out in Article 109 of the TRLPEMM and in these Prescriptions. Individuals.

2. Public service obligations for the service to be provided in conditions of regularity and continuity. The service provider shall be obliged to maintain the continuity and regularity of the service 24 hours a day, every day of the day year, depending on the characteristics of the demand, except force majeure, in accordance with the conditions set out in these Specific Prescriptions.

To ensure continuity in the provision of the service, the Port Authority may establish mandatory minimum services.

3. Public service obligations relating to collaboration in practical training in the provision of the service. The service provider will have an obligation to collaborate in the practical training of candidates who have passed the service. evidence of theoretical knowledge.

The service provider will have an obligation to collaborate in the practical training for crew personnel for the vessels according to the training forecast of the Port Authority.

The service will also have an obligation to participate with its means in the activities of practical training or emergency drills organized by the Port Authority or the Maritime Capitania.

Given the character of the contributor in the practical training, no financial compensation is provided for this service.

4. Public service obligations to cooperate in rescue operations, fire extinguishing, pollution control as well as emergency prevention and control. -Human and material resources required of the provider to cooperate with the Harbour Authority and the Maritime Administration and, if necessary, with other service providers in the tasks of rescue, fire extinguishing, fight against pollution as well as in prevention and control of emergencies must be ready for direct interventions in response to requests from the authority competent and shall be the same as required by these particular requirements for the usual provision of the service. Where such means are required by the Maritime Captaincy, or another competent body, the Port Authority shall be immediately informed.

The interventions made as a result of these obligations will bear the fees set out in these Particular Prescriptions.

5. -Taking into account the absence of competition, given that, for reasons of maritime safety, there is only one holding company in the pilotage service, the latter must be subject to the tariffs at all times. maxims set out in these Specific Prescriptions.

The Port Authority will also monitor the transparency of the fees and the concepts that are billed.

Clause 9. Significant investment.

By not affecting the licence period, it is not necessary to define the significant investment in the port of practice in accordance with Article 114 of the TRLPEMM.

Clause 10. Term of duration of the license.

The duration of the license for the provision of the service shall be 10 years in accordance with Article 114 of the TRLPEMM.

As the number of license providers is limited, they will not be renewable and should be awarded through competition.

However, while in the existing company there will be some practice that meets the conditions stated in the additional provision of Law 27/1992, which will remain in force in the L.P., the license will be granted to such a lending company.

Where competition is called, the time limit for the licence shall be that offered by the successful tenderer in the competition.

The prestate company may waive the license whenever it communicates to the Port Authority with twelve (12) months in advance.

Clause 11. Human and material means.

The licence holder must have the human and material resources necessary for the provision of the service under the conditions required for safety, quality, continuity and regularity, in accordance with the the demand.

Such means shall be at least the following:

1. In relation to the human team:

A) Human media:

According to the provisions of article 126 of the TRLPEMM, the Port Authority has determined that the number of practicalities necessary for the provision of the service in the port of Arrecife is: Three (3) practical holders of template.

The service provider shall, in all circumstances, be obliged to maintain a (1) Practice in on-call service 24 hours a day every day of the year, in the terms described in these Specific Prescriptions.

The physical presence in the port of the on-call practice shall not exceed 18 hours a day on an annual average, subject to time impropriety.

Taking into account the low intensity of the number of operations in the port of Arrecife, this operation continues in the terms described above, does not imply permanent physical presence in the port, but an availability located and continuous provision to provide and respond to the services requested in time and form appropriate to the requirements of this specification of particular requirements, without delay or delay, giving answer to all the services in the intended ETA, to the emergencies that may be presented or when the provider is required by the user, as well as by the Port or Maritime Authority and/or the Service Coordinating Center.

Among all the practicalities that make up the service company, this will appoint a representative for all the relations with the Port Authority, being able to be assisted by the person he considers.

b) Boat crews:

The crew of the vessels will be required according to the minimum safety crew frame issued by the Maritime Administration. It will also be subject to the provisions of the existing regulations on the use of safety equipment by the crew of all vessels.

All staff shall have training and experience in accordance with their duties, and must be in possession of the qualifications and certifications required by the regulations in force.

The auxiliary staff will be the one to guarantee the service's operation under the conditions established, and must have the minimum professional qualification necessary for the function to be developed, according to establish labour law in the sector.

This staff will be linked to the company company through the different contractual modalities in force, without any working relationship with the Port Authority. In the event of termination of the service, the Port Authority shall not take care of such staff, nor shall it assume any obligation to work in respect of the service, in accordance with the provisions of these particular requirements.

In addition, pursuant to Article 109.5 of the Law of State Ports and M.M., the provider may hire practical and duly qualified auxiliary personnel and for the time required, for attend to temporary increases in activity, if the staff were insufficient.

In the event that the modification of the activity has a stable character, the Harbour Authority will be able to adapt the minimum means required by the modification of the Specific Prescriptions, leaving the holder of the license required to vary the staffing template in the appropriate proportion to be adapted to the modification of the particular requirements within the time limit set out in that amendment.

C) Health and job security:

Each worker shall have the EPIs required for the provision of the service, in accordance with their risk assessment.

The staff must be aware of the means available to the company, its location and the use of the means to save, fire extinguishing, fight pollution and prevent and control emergencies and will be trained in their use.

The service provider expressly undertakes to comply with the covenants and standards which, in relation to the safety and health of workers, are implemented within the port area.

The operator must attach an organization plan for the services in which the procedures involved are detailed, the assignment of human resources, work shifts.

The staff will be unequivocally identified by their clothing, according to the company's proposal.

2. Minimum material means for the provision of the service:

For the duration of the license, the service provider shall have the appropriate means for an effective provision of the license, and at least comply with the following: One (1) vessel attached to the service port of pilotage, which must have permanent availability, 24 hours a day during all the days of the year, except cause of force majeure or express authorization of the Port Authority.

The vessel must comply with the requirements of the "Technical Conditions for the provision of the port service for maritime safety reasons" approved by the General Directorate of the Merchant Navy, according to the with the provisions of Article 20 of the General Practice Regulation (Royal Decree 393/96 of 1 March).

However, the craft will meet the following requirements:

a) Minimum length of 10.00 meters.

b) Minimum power, a 350 hp engine.

c) Dispose of reinforced hull to be able to cover ships without damage.

(d) Be equipped in all its length with a protective cinton capable of supporting and absorbing the impacts that occur when the vessel is covered, as well as the appropriate defenses.

e) Dispose of flat and non-slip cover, avoiding obstructions that make it difficult to move from the bridge to the point of boarding. They will have railings that provide a handle to the Practical on that route. In the area of the point of embarkation and in its vicinity must have points where it is possible to affirm the safety harnesses for use by the sailor of support to the practical one, in case the maneuvers of embarkation/disembarkation so so require.

f) The navigation bridge must have maximum visibility in the horizontal direction, covering in any case the area of boarding (bow of the bridge) and both sides, in order for the pattern to have a direct view of all manoeuvring and disembarkation of the Practical, such as navigation. It shall also have sufficient vertical visibility to permit the vision of the Practical, on the part of the master, during boarding and landing on the ship.

g) Being equipped with a system for cleaning or unpacking the crystals. Such a system may consist of a viewlight, brush wiper, electrical resistors, hot air circulation systems or similar mechanisms.

h) Minimum security equipment:

-1 life ring with 30-meter-light tantrum and light.

-4 statutory life jackets.

-Security harnesses in sufficient numbers.

-Search Focus to illuminate 100 meters away, and with sufficient amplitude to illuminate the scale of Practices when it is in the vicinity of the ship to which it provides service.

-A rescue scale for man-to-water collection, or a device that allows such operation to be performed safely.

i) Navigation and communications equipment:

-VHF transceiver approved for the marine mobile service band, with a power of 25 watts and fixed installation.

-Navigation radar.

-Automatic Identification System (AIS or SIA) equipment of Class A and Transponder-Radar to facilitate the location of the craft of Practice and assist in the approach operations in which the use of the craft as a reference.

The base station must have an equipment that, at least, will be composed of the following elements:

-Phone and fax with separate lines and internet connection.

-VHF transceiver approved for the marine mobile service band, with a power of 25 watts and fixed installation.

-4 W portable VHF equipment, intrinsically safe in accordance with the European standard, along with the necessary chargers and batteries, to assure each of the practical on guard the proper communication.

-AIS-based traffic reception and representation system type A.

-Computer equipment sufficient to carry out the control and monitoring of the provision of services and to provide the Port Authority with the information set out in these Specific Prescriptions.

-An uninterruptible power supply (SAI) that allows in case of current failure, equipment power for at least 4 hours.

3. General considerations for vessels:

They must be properly dispatched by the Maritime Captaincy and be in possession of all the necessary certificates according to the current regulations, which may be requested by the Port Authority in all time. They must also have the necessary insurance in accordance with the Spanish rules of navigation and with the agreements signed by Spain. The seat sheets of the vessels or equivalent documentation issued by the flag State shall be accredited.

The vessels attached to the service must maintain all their Certificates in force throughout the period of the license, which will be at the disposal of the Port Authority and also comply with the conditions established in the These Particular Prescriptions.

The change in the assignment of vessels to the service must be previously approved by the Port Authority.

The vessels destined for the service will necessarily have their base in the port and their berth must be approved by the Port Authority as well as any changes to it. Such means may not leave the area of pilotage of the port, nor provide services other than those established in these Specific Prescriptions, except prior authorization of the Port Authority and prior report of the Maritime Capitania in What is affecting maritime safety, with the exception of force majeure or unforeseen, duly justified in the judgment of the Port Authority.

The age of the vessel attached to the service may not exceed 15 years during the period of validity of the licence, and must be replaced by the time it reaches, unless modernizations have been carried out. substantial in the same way as to ensure that it can provide the service in the required conditions of safety, efficiency and quality. In any case it will be necessary to express the express approval of the Harbour Authority in order to extend the useful life for the term that it considers convenient according to the criterion above.

4. Means necessary for the fulfilment of the public service obligation to cooperate in rescue operations, fire extinguishing, pollution control, as well as in emergency prevention and control:

The human and material resources required of the provider to cooperate in the rescue, fire-suppression, pollution control, as well as in the prevention and control of emergency and port security will be the required for the usual provision of the service, which shall be made available to the Director of the emergency when required by the port or maritime administration.

5. Generic regulation of the material and human means:

If the material means attached to the port service were not the property of the company owner of the license, the latter must present in addition to the requirements mentioned above, the lease agreements for a period equal to or greater than that of the requested license.

If during the period of validity of the license a variation of the traffic or a change in the form of benefit is produced, the Harbour Authority will be able to communicate it to the prestate company so that it has the possibility to put additional means to those required in their licence to ensure that all services are properly addressed.

When traffic change or changes in service delivery are substantial, the Port Authority will be able to adapt the minimum means required by changing these particular requirements, leaving the the holder of the licence required to vary the means attached to the service, in accordance with Article 113.2 of the TRLPEMM and in these particular requirements.

After the end of the license, the Port Authority will not take charge of the material means available to the service provider. The investment made in such means during the lifetime of the license, and which is pending to be amortized to its term, will not generate any right to compensation.

Clause 12. Tariff structure, maximum rates and review criteria.

Practice fees shall include the cost of the pilotage staff, the cost of the vessels and other means used, as well as any other expenditure or costs necessary for the provision of the service.

1. Tariff structure:

The rates will be based on the system of measurement of the vessel currently used in the International Arqueo Conventions, which is the gross tonnage or "GT (Gross Tonnage)", with the corrections legally established. Vessel tonnage shall be measured in accordance with the London Convention of 1969.

The criterion to follow will be that of the flat rate, per service provided or maneuver, understanding for such that it does not suffer increases for the provision of services in the night period or public holidays.

The tariff structure will be in terms of GT and will consist of a fixed part and another variable, as specified in the table below, in line with the following formula to find the cost of the service provided.

Cost = (Fixed Part) + (Variable Part × GT)

Being the GT's, the GT of the assisted vessel.

Only surcharges and reductions caused by:

-Where the material and human resources for the performance of the service have been mobilised, a surcharge or bonus of 25% of the base rate to be applied shall apply for each 30-minute period of unjustified delay in the service. the beginning of their benefit, either for reasons attributed to the practical, or to the ship respectively; up to a maximum of 120 minutes, moment in which if the delay is not justified, in the opinion of the Harbour Authority, and is liable to the ship, it will lose the turn, and you will need to request a new service, billing you a full service. If it is for an unjustifiable cause imputable to the undertaking company the indicated bonus will be applied and in addition, the Harbour Authority may consider, taking into account the circumstances that are present, that an incomplete or incomplete provision has been made inadequate service of port practice, as provided for in Article 26.a.2) of Royal Decree 393/1996 of 1 March 1996, for the purposes of the consideration of a minor fault.

-The cancellation of a service requested by the ship without notice of at least one hour in the commercial port of Arrecife and two hours in buoys. A false service will be considered, with 50% of the tariff corresponding to it, provided that the human and material resources required have been mobilised.

In the rates applicable to pilotage services, the following operations will be differentiated:

1) Input practice: the advice service that provides the practical one to safely direct a floating vessel or artifact according to the particular provisions of each port, to its destination in zone port, either properly anchored or moored to a dock, buoy, dike, pant, dry dock, or port, passing through channels or locks if necessary.

2) Exit practice: the advice service provided by the practice to safely direct a floating vessel or device from its place of docking, anchorage, buoy, dike, pant, dry dock or port of call, up to the geographical limits of the practice area, in accordance with the particular provisions of each port or to the point where it leaves the ship in the Czech Republic, after indicating its master, passing through channels or locks if necessary.

3) Practice for internal movements: the advisory service provided by the practitioners to move a floating vessel or artifact from place to another within the limits of the practice service.

4) Special Maniworks: they are defined as special maneuvers, those that:

-You must use more than one practice to perform.

-They are longer than 60 minutes for their special features.

-The maneuvers performed in the field of buoys.

2. Maximum rates.

The maximum rates for the pilotage service will be as follows.

Port of Practice Service

GT: Desde-Until

Fixed Part

Variable Part

0-1000

115.2

0.0008358

-3000

121.5

0.0032028

3001-6000

117.0

0.0047660

6001-10000

145.8

0.0001076

10001-16000

22.5

0.00115500

16001-20000

31.5

0.0107000

20001-25000

29.7

0.00117000

25001-30000

22.5

0.0124589

30001-40000

29.7

0.0121000

40001-60000

54.0

0.00119588

60001-80000

36.0

0.012438

80001-remainder

54.0

0.0123917

These rates will apply to the operations of:

-Input practice.

-Exit practice.

-Practice for internal movements.

The maneuvers considered special, according to the definition set out in these particular prescriptions, will be billed as follows:

-When two or more practical ones are involved: a rate for each of the Practices that intervene in it individually.

-Maniworks with a duration of more than 60 minutes: 295.75 €/hour for the time exceeding the 60 minutes considered as usual. The proportional portion will be invoiced to the additional minutes. The maneuver performed in the field of buoys shall always be quantified at least one hour.

-Recargo by transfer, round trip, to the field of buoys: 200 €.

In the case where several of the above circumstances are present, the surcharges will be added.

The rates to be applied will be those offered by the provider in the contest, and will always be less than or equal to the maximum set in these Specific Prescriptions.

3. Maximum maximum rate update and review criteria

a) Update.-The Port Authority will update if applicable, the maximum rates in the month of December, using the following formula:

K rate update = K traffic × K cost

The rate update made will be, if applicable, applicable from 1 January of the following year.

Where:

Ktraffic = 1-0.5x (ΔT/T), being ΔT/T = variation of the number of services provided, by one, with its corresponding sign.

Kcost = 1 + 0.9 (Km.o. + Kcomb)

0.9 = cost coefficient, as long as one.

Kcomb = Varcomb x weightcomb, where weight iscomb = fuel weight, as long as one. The percentage of the fuel in the expense account. This weight is fixed at 0.04.

Varcomb = Variation of the fuel price of the vessels.

Km.o.= Varm.o x weightm.o., where Var ism.o.= labor price variation.

weightm.o. = the weight of the labor, as long as one. The percentage of staff expenditure in the expenditure account. This weight is fixed at 0.64.

For these purposes the coefficients above will be fixed as follows:

Fire labor, taking the labor cost variation provided by the INE in its section " 50. Maritime transport and inland waterways " by calculating the average of the last 4 quarters compared to the average of the previous 4 quarters (numbers 5 to 8 above).

In the event that the above formula produces a variation of the tariff of more than 10%, the Port Authority will update the maximum rates by carrying out a new financial economic study of the service, taking into account variations of the different elements which make up the cost of the service, as well as the variations experienced in the volume of the services provided and in the amount of the turnover of the services, By proceeding to adapt the present specification to the results of the study.

b) Extraordinary review.-The revision of the tariff structure or the update of the maximum rates when the value of the 10% indicated in the previous paragraph is exceeded, or when there are overlapping circumstances, unforeseeable at the time of the submission of the application or offer, which can reasonably be assumed that, if the service provider was known to the service provider when the licence was granted, he would have chosen to withdraw the licence; to be carried out, on an exceptional basis, as a result of a change in the conditions In these particular prescriptions, the same procedures will be performed as the ones followed for approval.

4. Rates for emergency intervention, fire extinguishing or pollution control:

Direct interventions in response to requests from the competent authority in emergencies, rescue operations, fire extinguishing or pollution control resulting in identifiable specific costs. place on the accrual of the maximum rates laid down in these particular requirements, if they correspond to standard services.

If they do not have equivalence with unit services, they will be billed as if they were special maneuvers defined in these particular prescriptions.

These services may be ordered by the Maritime Authority or the Port Authority, and shall be carried out by the ship or assisted facility. For these purposes, the vessel owner, the owner, the insurer of the civil liability and the captain of the vessel shall be jointly and severally responsible, and in the case of installations, the owner of the vessel, the holder of the business activity, if any, and the activity insurer.

Clause 13. Obligations supply of information to the Port Authority.

1. General information:

The service provider at the request or request of the Port Authority shall provide the following information within the time limits specified in each case:

(a) The detail of the human and material means, and facilities for the provision of the service (inventory) within 20 calendar days from your request.

b) The alteration in the human or material means or in the facilities, as soon as they are produced or the provider knows them. In any case these alterations must have the express conformity of the Port Authority of Las Palmas.

c) The details of the shareholders 'or members' shares of the company, and any changes in their shareholders 'or shareholders' composition, as soon as they occur, for the purpose of verifying compliance with the established in Article 121 of the TRLPEMM.

(d) Regardless of the type of company with which they are registered, they shall submit to the APLPL on an annual basis and within 15 days of their approval, the annual accounts of the company with strict accounting separation between the service and other activities that the provider may develop, in accordance with the provisions of Article 122 of TRLPEMM.

e) The updated certificates of being in the current with the public finances and social security within 20 calendar days since their request.

f) When the tariffs are updated, the cost structure, reflecting the main cost elements, taking into account economic criteria, necessary to be able to determine in a reasonable manner the real cost of the service. In particular, the following items shall be detailed and justified:

1) If the material means are not their own, copy of the contracts of the chartering or chartering policies.

2) If the means are own, the amount of investment and annual amortization.

3) Personnel expenses.

4) Fuel volume consumed in the last year

5) The corresponding amounts to fuel supply,

6) The amounts dedicated to preventive and corrective maintenance.

7) Insurance amounts.

All within 20 calendar days of your request.

g) The ratio and amount of planned investments for the next two exercises within 20 calendar days from your request.

h) Measurements of the service quality indicators and standards associated with:

1) Media availability.

2) Services not serviced.

3) Puntuality at the start of services.

4) Average duration of services grouped by the gross tonnage sections of the vessels served, established in the tariff structure.

5) Listing of accidents occurring in service delivery.

6) Listing of incidents that occurred in the service delivery.

7) Listing of claims and complaints for delivery of the indicated service the dates of submission and response to them.

8) Customer Service Procedure (suggestions, complaints, and complaints) made available to service users.

All within 20 calendar days of your request.

i) Listing of operations in which accidents have occurred indicating the scale and description of the accident within 20 calendar days of their request.

j) The description of the mechanisms for the coordination of business activities in the field of occupational risk prevention within 20 calendar days of their request.

k) The certificate of disposal of quality management and environmental protection systems established by the Quality Mark of the Port of Las Palmas within 20 calendar days of their request.

l) Certification of the provision of the warranty indicated in these particular prescriptions.

m) The certification of insurance and guarantee for the coverage of risks indicated in these particular prescriptions within 20 calendar days from your request.

n) The justification for being discharged as a Waste Producer within 20 calendar days from your request.

2. Detailed information on the services provided:

Taking into account the needs of information of the Harbour Authority for the management of the harbour service, for the realization of studies that allow the improvement in the service, for the future planning of the same, thus as for statistical purposes, the service provider must complete a computerised record with data on the services provided to the vessels.

In case the Port Authority creates a service platform for the Port Community, or has any external application for the introduction of data by third parties, the provider must enter or dump the data for each service on that platform at least fortnightly.

This Record must contain the following data:

1) Number of scale, name, and GT of the ship.

2) Type of service (input, output, internal movement, etc.).

3) Service request date and time.

4) Date and time of arrival at the dock.

5) The date and time for which the service request was committed.

6) Date and time and place of service delivery start.

7) Date and time and place of service completion.

8) A practice that has intervened in the service.

9) Auxiliary means used in the maneuver.

10) Incidents occurring during service delivery.

11) Billed Amounts.

12) Consignee.

13) Recargo/s-Bonification/is: concept.

14) Recargo/s-Bonification/is: amount.

15) Discounts: concepts and amounts, only those approved in the tender offer, do not include commercial bonuses.

The information contained in the registration must be provided to the Port Authority on a monthly basis and in the format it establishes.

The computerised register may be consulted by the competent authorities, and the information contained in it shall be available for such consultations for a minimum period of four years.

3. Complaints and complaints about service delivery:

The claims submitted to the provider, except for minor billing errors that can be corrected at the moment, must be immediately transferred to the Port Authority, where they will be processed according to the rules and procedures set out in the Port Quality Plan.

4. Information about the rates applied:

The service provider must provide the Port Authority with detailed information about its rates (which must be public) and invoices issued, so that the latter can verify that they are not higher than the rates maximum, as well as to verify the transparency of the tariffs and the concepts that are billed in order to be able to analyze the conditions of competitiveness in relation to the prices and the quality of the services.

5. Information regarding the environmental management carried out by the service provider.

The service provider will make available to the Port Authority the annual report of the external audit carried out on its environmental management system. Such a report shall include, inter alia, any non-conformities detected in compliance with the environmental regulations that apply to it.

Clause 14. Warranty.

In order to ensure compliance with the obligations arising from these Specific Prescriptions, the penalties and penalties that may be imposed and the damages that may arise from the Authority Port, for non-compliance with the conditions of the service, the provider must constitute, before starting its activity, a guarantee in favor of the President of the Harbour Authority, in the terms established in article 95 of the TRLPEMM of:

Warranty Amount. Reef Ports:

Pilotage Port Service: € 20,000.

Failure to comply with the economic obligations and the conditions set out in these Specific Prescriptions by the provider will allow the immediate execution or disposition of this guarantee.

When, pursuant to the provisions of the preceding paragraph, the Port Authority has to make use of the guarantee, in whole or in part, the provider will be obliged to reinstate or supplement it within one month, from the act of disposal. If the person concerned does not return or complete the guarantee in the relevant period, the Port Authority may terminate the license and take any legal action it deems appropriate.

The Port Authority will update the minimum amount of the guarantee in a five-year term from the approval of these particular prescriptions with the same criteria as the maximum rates in a cumulative way. However, the amendment of the endorsement shall not be required once it has been constituted up to the appropriate five-year review.

The guarantee shall be constituted in the terms indicated by the Port Authority, either in:

-Cash.

-Values.

-Banking or caution insurance.

The bond, which will be in solidarity, may be granted by person or entity other than the holder of the license, in any case, it is understood that the guarantee is subject to the same responsibilities as if it were constituted by the and without the benefits of exclusion, division and order being used.

The constitution of the guarantee does not in any way imply that the liability of the holder of the license is limited to its amount.

Extinguishing the license, in accordance with the assumptions provided for in these Specific Prescriptions, will be carried out the return of the guarantee or its cancellation, once satisfied the payment of the outstanding obligations with the Port Authority and provided that the total or partial loss of the same is not applicable for liabilities incurred by the service provider or the penalties and penalties imposed on it and not paid.

Clause 15. Risk coverage.

In accordance with Article 113 (8) (b) of the TRLPEMM, " it shall be the obligation of the provider to indemnify all damages caused to third parties as a result of the provision of the service the license. When such damages have been caused as an immediate and direct consequence of an order of the Administration, it shall be responsible within the limits laid down in the Laws. " This condition will be expressly included in the license.

To this end, the company, before the start of its business, must have a liability insurance covering the liability for any damage caused during the provision of the port service, as well as professional risk allowances.

This warranty may be integrated into your case, in the Civil Liability insurance indicated above.

The amount of such insurance should be that which the provider considers sufficient to cover the risks indicated, which are typical of the provision of the service, and at least the minimum of the following amounts:

-€ 21.8 per unit of gross tonnage of the largest vessel to which the service was provided

-1,059,000 €.

The above amounts correspond to the time of approval of these particular prescriptions and must be updated to determine the resulting amount to be indicated in the license by updating it annually in the The same proportion as the year-on-year variation experienced by the general consumer price index for the total national set (CPI) in October. The coverage that results and is included in the licence shall also be updated annually with the same criterion.

Likewise, the lending company must have the financial guarantee that will enable it to face the environmental liability inherent in the activity, as appropriate in application of Law 26/2007, for the amount that is determined on the basis of the risk assessment and by any of the forms set out in that Law. At the beginning of each year, the validity of this liability insurance policy must be credited to the Port Authority.

Clause 16. Penalties.

To ensure proper compliance with this specification and, without prejudice to the claim for damages to the Authority and other rights and actions corresponding to the Authority Port, which may impose penalties of up to € 3,000, for non-compliance with specific quality standards in the provision of the service (quality indicators set out in these particular requirements), provided that non-compliance is not typified as an infringement of the TRLPEMM sanctioning regime.

For non-compliance with quality indicators:

-Availability: € 2,000 if three (3) or more services are given in a month with a lack of availability of material means, for reasons attributable to the practicalities.

-Impunctuality: € 3,000, if three (3) or more services are delayed per month, for reasons attributable to the practicalities or a service is provided with 1.5 hours or more delay.

-Claims filed: € 2,000 if three (3) or more claims per month are received, the result of which is attributable to the service provider.

-Unserved claims in time: € 2,000 if given three (3) or more per month, not served in time and whose fault is attributable to the service provider.

By waiver of the license or abandonment of the service in breach of the notice period provided for in clause 10 of this specification, or the termination of the license by any of the other reasons specified in clause 17, except in (a) and (e) of the same: 20 000 €.

The Port Authority will update the amounts set out in the previous paragraph in a five-year term from the approval of these Specific Prescriptions, with the same criterion as the maximum rates of form accumulated.

The previous penalties will entitle the Port Authority, after hearing from the prestate company and through the corresponding reasoned resolution, to the seizure of the corresponding amount of the guarantee, which it must be returned by the provider within the time limit indicated in this Statement.

The penalties referred to in the preceding paragraphs do not exclude compensation to the Port Authority, users or third parties may be entitled to the damages caused by the service provider.

On the other hand, for the purposes of imposing sanctions, resources and precautionary suspensions of the possible sanctions, it will be governed by the rules of the common administrative procedure, being liable to be challenged before the competent administrative-administrative jurisdiction.

Clause 17. Causes of license extinction.

Licences may be extinguished, in accordance with Article 119 of the TRLPEMM, for the following reasons:

a) The course of the time limit set in the license.

b) The revocation of the title by any of the following causes, as provided for in Article 119.1 of the TRLPEMM:

1) For loss or non-compliance with the requirements set out in Article 109.2 of the TRLPEMM and the conditions set out in the enabling title.

2) For the non-adaptation to the modification of the content of the license approved by the Port Authority when these particular prescriptions have been modified, as provided for in Article 117.2 of the TRLPEMM

(c) For non-compliance with any of the public service obligations or any of the conditions set out in these particular requirements, taking into account the following particularities:

1) In the event of non-payment to the Port Authority of the fees and charges payable, the withdrawal of the licence shall be carried out after the period of six months after the end of the voluntary payment period.

2) It will be cause for revocation of the title, failure to provide information corresponding to the Port Authority, as well as to provide false information or incorrect or incomplete form of information repeated.

d) Billing of services or concepts undue to the users or the Port Authority or distortion of the services provided.

e) Renunciation of the holder with the mandatory notice of twelve (12) months.

f) Do not initiate the activity within the prescribed period, as indicated in these Specific Prescriptions.

g) Transmission of the license to a third party without the authorization of the Port Authority or lease thereof.

h) Constitution of mortgages or other warranty rights (with the exception of the first mortgage or other guarantee rights), on the material means attached to the provision of the service without prior information to the Port Authority.

i) Non-replacement or complement of the guarantee prior to the Port Authority's requirement.

j) For serious neglect in the preservation or replacement of the material means necessary for the provision of the service.

k) Repeated poor or abusive service delivery, especially if it affects security.

l) The repeated non-compliance with the indicators established by the Port Authority, without prejudice to the effects that may result from such breaches.

m) Not having the minimum human and material resources in place.

n) Non-compliance with the rates offered and the maximum rates.

o) The supply of false or knowingly erroneous data to the Port Authority.

p) Abandonment of the service area of the port by any of the materials attached to the service, without the prior authorization of the Port Authority and report of the Maritime Captaincy in what is affecting the safety maritime.

The license shall be extinguished by agreement of the Board of Directors of the Port Authority, after hearing the person concerned, except in the case provided for in subparagraph (a) of the previous paragraph, in which the extinction will occur automatically.

The termination of the license will result in the total loss of the warranty, except in the cases (a) and (e).

Clause 18. Obligations of environmental protection and contribution to sustainability.

The company will have to comply with the applicable environmental regulations as well as the specific environmental standards that, if necessary, will be established in the Regulation of Exploitation and Police, the Harbor Ordinance and the instructions that the Port Authority may dictate, as well as in the environmental management systems that the Port Authority may approve, or that the Port Authority has in place, in accordance with environmental sustainability objectives and indicators; and be responsible for taking the necessary measures to prevent and mitigate the environmental effects resulting from the provision of services. The Port ordinances may lay down the minimum operational measures to be taken by that undertaking for this purpose.

In application of Law 26/2007, Environmental Liability, the company will have to carry out a risk assessment and will provide the financial guarantees that will be applicable in its case according to the same.

Within one year of the date of granting of the license, the provider must have an environmental management system in place and certificate, in accordance with what is established by the Quality Mark of the Port of Las Palms.

The scope of these management systems should comprise all activities related to the provision of the regulated service by these particular prescriptions.

According to the provisions of Article 11 of the FOM Order 1392/2004, the vessels of the pilots must have a plan for the delivery of waste to the receiving port facilities authorized by the Authority. Port, the plan accepted by the facilities concerned must be accepted. In addition, they shall submit a quarterly report to the maritime captaincy of the deliveries of waste during that period, with the endorsement of the said installation.

Likewise, the provider must have a protocol or, where appropriate, a contingency plan for possible discharges, both own and for intervention at the request of the competent administration, which will be included or integrated within the Plan of Contingencies of the Harbour Authority. This protocol shall include the availability of material and human means of action, the activation and response procedure.

Clause 19. Criteria for the distribution of public service obligations.

As the number of service providers of practice under Article 126.3 of TRLPEMM is limited and there is no more than one area or port area, it is not necessary to lay down the criteria for the distribution of public service, which shall be assumed by the sole provider.

Clause 20. Criteria for the quantification and distribution of compensation for public service obligations.

As the number of service providers of practice under Article 126.3 of the TRLPEMM is limited, there is no more than one area or port area and there is no passenger terminal or merchandise dedicated to the particular use that can be made. (a) to apply the integration of services, it is not necessary to establish the criteria for the quantification and distribution of compensation for public service obligations.

Clause 21. Port charges.

The holder of the license for the provision of the pilotage service, are obliged to the satisfaction of the following rates:

a) Activity rate:

The provision of services by the holder of the licence shall accrue the corresponding fee in favour of the Port Authority in accordance with Article 183 et seq. of the TRLPEMM.

The holder of the port service provision license shall be taxable of the fee.

The accrual of the fee will occur at the start date of the activity unless justified causes to the judgment of the Port Authority.

The full fee fee will be calculated by the Port Authority by applying to the tax base the corresponding rate of charge according to the following:

-The tax base will be the number of services provided.

-The rate of charge, in accordance with the criteria and limits set out in the above article, shall be € 3,6914 per service provided.

According to the criteria set out in Article 188.b) of the TRLPEMM, the annual amount accrued by the Port Authority for this concept, shall have the following limits:

a. The annual amount shall not be less than one per cent of the annual net amount of the business figure or, failing that, of the amount of business developed in the port under the licence.

b. The full annual fee of the fee may not exceed six per cent of the annual net amount of the business figure or, failing that, of the amount of business developed in the port under the licence.

The tax base and the tax rate associated with it will be established in the license and will not be reviewable except as indicated in the preceding paragraph or by modification of these particular prescriptions.

At the end of each financial year, the licence holder shall provide the net annual amount of the business figure and the actual amount of the tax base (number of services provided) corresponding to the provision of the service concerned. of the licence, which will serve as a basis for the regularisation of the annual full quota. This volume of business must be properly accredited by the presentation of the annual accounts.

The lien rate shall be updated in accordance with Article 190 of the TRLPEMM.

b) Ship rate:

The provision of services by the holder of the licence shall accrue the corresponding rate of the vessel in favour of the Port Authority of conformity and in the terms set out in Articles 193 and following of the TRLPEMM

In the event of a grant or authorization granted to the service provider, the service provider must pay the corresponding public domain occupancy rate in accordance with the terms of the concession or authorization.

The payment of these fees will be made in accordance with the deadlines and procedures set out below.

-Monthly settlement period.

-Liquidation to expired periods.

For both fees, consideration will be given to the possible bonuses provided for in Article 245 of the TRLPEMM

Clause 22. Modification of these particular requirements and the license.

1. Amendment of the Specific Prescriptions.

In accordance with the provisions of Article 113.2 of the Law of State Ports and M.M., the Port Authority may amend this Statement of Specific Prescriptions for objective reasons, among other reasons, the evolution of the characteristics of the demand in the port, the technological evolution, the disadjustments observed in the conditions of safety, quality, continuity and regularity in the delivery of the service, the normative and new changes requirements associated with public service obligations.

The modification of the Specific Prescriptions will be carried out with identical formalities that are followed for approval.

2. Modification of the license.

In accordance with the provisions of Article 117.2 of the Law of State Ports and of the M.M., following the principles of objectivity and proportionality, the Port Authority may modify the content of the license, prior to hearing of the persons concerned, when the particular prescriptions of the service have been amended.

The modification will set a deadline for the holders to adapt to them. After that period, without the adaptation taking place, the licence shall be without effect.

In any case, the activity rate will be applied with the adaptations that proceed as set forth in the State Ports and M.M. Law, and in these Particular Prescriptions.

Clause 23. License transmission.

Licences may be transmitted to persons other than those to whom they were originally granted when the transmission is in favour of a natural or legal person who meets the requirements set out in the 109.2 the Law of Ports of the State and of the M.M., as well as all the provisions provided for in this Statement and in those laid down in Article 92 of the same Law of State Ports and of the M.M., when the license is transmitted together with a concession of the public domain linked to the service.

Likewise, the transmitters and acquirers must meet the requirements set out below:

-That the license holder is current in compliance with all obligations arising from the concession.

-That the new holder meets the conditions required for the exercise of the activity or provision of the service to be granted.

-That from its grant date, has elapsed, at least a two-year time frame.

The transmission shall in any case be subject to the prior conformity of the Port Authority and, where appropriate, to the mandatory authorisation of the competition authorities, having regard to the employment contracts of the staff of the holder of the licence, the effects provided for in the labour law.

Clause 24. Liability of the provider to its employees and to third parties.

After the end of the license, the Port Authority will not take charge of the material means available to the service provider. The investment made in such means during the lifetime of the license, and which is pending to be amortized to its term, will not generate any right to compensation.

Clause 25. Protection of personal data.

In compliance with the provisions of the Organic Law 15/1999, of 13 December, of Protection of Personal Data (hereinafter LOPD), the Port Authority of Las Palmas, with registered office in Explanada Tomás Quevedo s/n Las Palmas de Gran Canaria, informs the interested person that the personal data that in his case are collected through the presentation of the documentation required for the granting of a license for the provision of the port service object of the These particular requirements will be treated, automated or not, under the the responsibility of the Port Authority in order to verify the accreditation by the applicant of the fulfilment of the conditions and requirements collected in the same, to request the necessary additional documentation, to attend to their requests for information, to inform you of the agreement of the Board of Directors regarding the granting or not of the license, to proceed from office to its registration in the registration of companies of the port services, to send any other documentation required in this respect, as well as any other procedures envisaged under the application regulations and historical maintenance.

Also, the interested party is informed that in accordance with the legislation in force, the Port Authority will have to communicate the information and personal data in the procedure of granting the license to the following Bodies and third parties: Judges and Courts, where appropriate, when legally required to do so, Public Body Ports of the State (OPPE) for inclusion in the General Register of port services companies, to the Intervention General of the State Administration (IGAE) to carry out the functions of the audit that has been attributed and in general, to any other third parties to whom, under the current regulations the Harbour Authority has the obligation to communicate the data or that they agree to the information of the workers in the reference registration given its public character.

The interested party expressly consents to the aforementioned treatment by submitting the application for the granting of the license and the delivery, therefore, to the Port Authority of all the documentation in which it is made record your personal data and you agree to communicate in the shortest time to the Port Authority any variation of the data collected through this specification or those generated during the processing of your application for a license with the the purpose of the Authority's update of the said Authority. Where personal data have been provided directly by the person concerned, the Port Authority shall consider the information provided by the Port Authority as accurate, as long as the contrary is not disclosed.

In compliance with the provisions of the LOPD, where the data subject is required to provide personal data relating to natural persons other than those identified in this specification, be it in the process of processing the license or during the provision of the service, must be prior to its communication to the Harbour Authority, inform them of the ends contained in this clause. Consequently the transfer of personal data from third parties to the Harbour Authority, is conditioned to the principle of legitimacy, necessity and proportionality and to the communication of relevant data, not excessive, current and truthful, and requires with prior information and request the consent of such third parties for the processing of their data in accordance with the extremes contained in this communication. Where the data transferred by the data subject to the Port Authority shall be inaccurate, in whole or in part, or incomplete, the data subject shall cancel and replace them ex officio with the corresponding rectified or completed data in the 10 (10) days from the date of knowledge of the inaccuracy-except that the legislation applicable to the file establishes a procedure or a specific deadline for it-and to communicate in the same time to the Harbour Authority, the rectification or cancellation made.

The interested party is also obliged to give to each of the natural persons whose data are transferred to the Harbour Authority, the informative communication that to these effects it facilitates the said Harbour Authority, which must be individually signed by each of the affected and returned to the Port Authority together with the remaining relevant documentation.

For such purposes, the delivery by the interested party to the Port Authority of any documentation containing personal data shall ensure the adoption of the relevant safety measures in accordance with the Title VIII of Royal Decree 1720/2007 of 21 December 2009 approving the Development Regulation of the LOPD, and in particular the measures to prevent the removal, loss or undue access to information during the period of its implementation. transport.

The interested party may exercise its rights of access, rectification, cancellation and opposition to him in respect of his personal data, addressed in writing, to which photocopy of the DNI, addressed to the APLP, with Ref. DATA, Legal Service, C/ Tomás Quevedo Ramírez, s/n, CP 35008, Las Palmas de Gran Canaria, or by e-mail addressed to protecciondedatos@palmasport.es or in the one that replaces it and communicates in the General Register of Protection Data.

In order to grant the maximum facilities for the formulation of your requests, the APLP has forms of exercise of these rights, and you can request them in the email address above.

Clause 26. Submission of requests.

Those interested in obtaining a license for the provision of the port service of pilotage will be able to present their offers to the Harbour Authority when the contest to this effect is called, which will be governed by the established the corresponding base specification.

However, according to the provisions of the second transitional provision of Law 27/1992, of Ports of the State and of the Merchant Navy and in the transitional provision of Law 48/2003, of economic and social the provision of services of ports of general interest, the company providing a licence in force for the entry into force of the said Law 27/1992, will have the right to obtain the licence to provide the service while in that corporation there are (a) the conditions laid down in paragraph 1 of that transitional provision are met; provided that they comply with the requirements and conditions set out in these Specific Prescriptions of the Practice Service as provided for in Section 27 (2). In order to obtain the license, you must submit your application to the Port Authority, in accordance with the provisions of Article 115 of the Law on State Ports and the Merchant Navy.

To access the license, the successful tenderer must submit an application containing the data indicated in Article 70.1 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations. and the Common Administrative Procedure. As an essential requirement, original or certified copy must be submitted by the Port Authority of Las Palmas or, notarized, of the documents listed below:

A) Administrative documentation, which shall be composed of the documents listed below and which may be provided in original or authentic copy:

1. Supporting documentation of the applicant's ability to act:

If this is a natural person, national identity document or, in the case of foreign nationals, the equivalent document.

Legal persons shall be accredited by means of the articles of association, the statutes or the founding act, in which they are established by the rules governing their activity, duly registered, where appropriate, in the Corresponding public register, depending on the type of legal person concerned.

In the case of non-Spanish entrepreneurs who are nationals of Member States of the European Union, they shall be accredited by their registration in accordance with the law of the State in which they are established, or by the lodging of an affidavit or a certificate, in the terms to be laid down in accordance with the Community implementing provisions.

Other foreign businessmen must prove their capacity to act with a report of the Permanent Diplomatic Mission of Spain in the corresponding State or the Consular Office in whose territorial scope the address of the company.

2. Documents proving the representation. Those who appear or sign applications on behalf of others must be able to present sufficient power to the effect, if any, duly registered in the Commercial Register, and the national identity document or, in the case of foreign nationals, the equivalent document.

3. The applicant shall designate a representative, with sufficient powers and domicile in the territorial area of competence of the Port Authority, for the purpose of establishing regular communication with that body.

4. Declaration to submit to the jurisdiction of the Spanish Courts and Courts of any order for all the incidents which, directly or indirectly, may arise from the license granted, with renunciation, if any, to the jurisdiction the foreign court which may correspond to the applicant. Spanish applicants must not submit this declaration.

5. Express statement to know and accept the clauses of these particular prescriptions.

6. Economic solvency documentation of the applicant, in accordance with the provisions of clause 6 of these particular requirements.

7. Documentation of the applicant's technical and professional solvency , as set out in clause 6 of these particular requirements.

8. Responsible statement of the constitution of the guarantees laid down in these particular prescriptions within the time limit stipulated in the licence.

9. Supporting documentation of compliance with the tax, labour and social security obligations set out in clause 6 of these particular requirements.

10. In the case of legal persons with a corporate form, supporting documentation of the company's shareholder composition.

11. Responsible statement of the fulfilment of the obligations under article 121.4 of TRLPEMM and of not being incourted in the causes established in article 60.1 of the Royal Legislative Decree 3/2011, of 14 November, for which approves the recast text of the Public Sector Contracts Act.

12. Commitment to notify the Port Authority of any modifications that affect the provisions of the preceding paragraphs and occur after the request.

B) Technical documentation, which will be integrated by the documents listed below:

1. Description of the activities that integrate the service delivery that is requested, with the organization and procedure proposal.

2. Description of human and material means for the provision of the service, indicating their qualification and characteristics, respectively, in accordance with the provisions of these particular prescriptions.

3. Economic-financial study of the activities and investments to develop and justify the proposed tariffs that will not be able to include different concepts or exceed the maximum amounts established in these particular prescriptions.

4. Specific Accreditation to have the minimum material means to be attached to the port service provided for in clause 10, as well as those indicated in the application. The vessels, which will be based in some of the ports managed by the Port Authority of Las Palmas, except express authorization of the Port Authority itself for reasons of exploitation, will be duly dispatched by the Capitania Maritime and shall have the corresponding approvals and certificates in compliance with the provisions of the relevant safety regulations.

5. Statement responsible for having legally enforceable permits, authorizations, and licenses for the exercise of the activity.

6. Commitment to meet the required levels of quality, productivity and performance, as well as those offered, in accordance with the proposal of organization and procedures for the provision of the service, indicating objectivable parameters and measurable quality.

7. Commitment of certification and implementation of the specific quality manuals elaborated by the APLP, as well as the integration in the quality mark of the ports of the Port Authority of Las Palmas, within the maximum period of one year from the date of obtaining the license.

8. Commitment to hold civil liability insurance on the terms set out in these particular prescriptions. Without accreditation to the Port Authority of compliance this requirement will not be able to commence service delivery.

9. The remaining documentation the presentation of which is required in these particular prescriptions and in the resolutions which, if any, will be approved by the General Directorate of the Merchant Navy establishing the minimum technical conditions of service delivery.

It will not be necessary to accompany the application for a license to the documentation of the required in this clause that has already been contributed by the applicant to the contest called for the award of the license according to the corresponding Pliego of Bases of the same, and that consequently already obre in the power of the Harbour Authority

The tender documents shall contain, where appropriate, at least the requirements for participation in the competition, the period of the licence, the information to be provided by the bidder and the award criteria. The minimum means and the conditions required shall be those set out in these Specific Prescriptions.

Clause 27. Other conditions.

1. Starting the service delivery:

The service shall begin to be provided within one month of the date of notification of the grant of the license.

Prior to the beginning of the service delivery, the Harbour Authority will proceed to inspect the material means committed by the provider and to check the human means, to verify that they meet the requirements required.

2. License already existing for approval of these Particular Prescriptions:

The existing license at the time of approval of these Specific Prescriptions must be adapted to the provisions within the maximum period of 6 months. After that period has elapsed without the adaptation, for reasons attributable to the provider, the licence shall be without effect.

3. Assumption of responsibilities:

The service will be performed by the license holder under its exclusive risk and venture.

The service provider shall be responsible for the consumption of fuel, water and electricity, as well as any other service that may be used in the port, and all other expenses incurred by the service and which are necessary for the operation of the service.

All taxes, arbitrations or fees resulting from the provision of the service shall be on behalf of the licence holder, in accordance with the legislation in force at any time.

The holder of the license for the provision of the service shall keep abreast of the performance of the tax, labor and social security obligations throughout the duration of the license and thus must prove it. to the Port Authority.

In accordance with the provisions of Article 113 (8) (a) of Royal Decree-Law 2/2011, the following clause will be included in the license: " the Port Authority will not in any case respond to the obligations of the any nature that corresponds to the service provider in relation to its employees, in particular those relating to employment relations, pay, risk prevention or social security. '

The licence holder shall be responsible for taking the necessary measures to prevent and mitigate the environmental effects resulting from the provision of the service.

Clause 28. Rights and duties of the provider.

1. Rights of the holder of the license.-The holder of the license shall be entitled to:

(a) to provide and to provide the port service for pilotage as provided for in Article 126 of TRLPEMM under the conditions laid down in this Statement of Specific Prescriptions and in the licence granted by the Authority Port.

(b) To receive the corresponding fees from users for the services provided and, where appropriate, to the updating and revision of the services in accordance with the provisions of these Specific Prescriptions.

(c) To receive the appropriate economic consideration as a result of the cooperation in the provision of security services, rescue, pollution control, emergencies and fire extinguishing.

d) To temporarily suspend the provision of the service to a user in the event of the default of the service provided, subject to authorization by the Port Authority, provided that it does not prevent it. For such purposes, the service provider shall proceed in accordance with the provisions of this specification.

2. Duties of the holder of the license.-The holder of the license shall have the duty of:

(a) To provide the port pilotage service as provided for in Article 126 of the TRLPEMM under the conditions laid down in this Statement of Specific Prescriptions and in the license granted by the Port Authority, in accordance with the principles of objectivity and non-discrimination to any user who requests it.

b) Submit to the maximum rates approved by the Port Authority.

(c) Meet the public service obligations in accordance with Article 113 of the TRLPEMM in this Statement and in the license granted to it.

d) Fulfill the Operating and Police Regulations, the Port Ordinance and other implementing regulations.

e) To grant to the Port Authority the fees and charges payable and to contribute, where appropriate, to the financing of the public service obligations.

f) To supply the Port Authority with information and documentation to verify the compliance of its obligations and to control the correct delivery of the service, to meet the requirements that come taxes by the Law of Ports of the State and the M.M., the present specifications of particular prescriptions and other implementing regulations, as well as to satisfy statistical needs and, in particular, the quality of services and tariffs, in order to ensure the transparency and reasonableness of the same.

g) Inform the Port Authority immediately of any cause that prevents the provision of the requested service or its provision within the response period set out in the Specific Prescriptions.

h) Be transparent in the information to the users, giving publicity to the conditions of delivery of the service and the rates applied, so that they can have access to this information.

i) Ensure the transparency and reasonableness of the rates to be met by the provision of services, as well as the concepts by which it is billed.

j) Do not engage in anti-competitive conduct in the market for port services, comply with resolutions, and address recommendations by competent regulatory bodies.

k) Respect the rules and resolutions adopted by the competent environmental authorities.

l) Adopt the necessary measures to be able to meet the requirements that, in matters of maritime and port security, public security and national defense, are formulated by the competent authorities.

m) Communicate to the Port Authority any significant change in its shareholding, in accordance with Article 121 of the TRLPEMM.

n) To carry out for each port a strict accounting separation between the service of practice and other activities that the provider could develop, crediting it to the Harbour Authority in the terms provided in the article 121 of the TRLPEMM.

o) Obtain from the competent authorities the permits, authorizations and licenses that are required for the provision of the service and keep them in place.

p) Transfer to the Port Authority all claims arising from alleged deficiencies in the provision of the service.

This obligation shall not be required for the holders of marine stations and terminals dedicated to particular uses, or those authorised for the integration of services.

ANNEX I

The request for the port of practice shall be made by the persons or entities that are authorized to the effect, as follows:

For ships entry:

-On the basis of the DUEs received the Port Authority will communicate daily to the service provider by means of transmission more suitable for each port, (fax, EDI, internet, paper, etc.), a relation of the requests For the purpose of drawing, anchorage and internal movements authorised by the Amusement Planning and Management Unit, as well as the established entry-level criteria, if they were to be established.

If the company prestatora considers in his judgment, the convenience of introducing modifications to the established order, for reasons related to the conditions of maneuver, will put it in knowledge of the Harbour Authority requesting its approval. The order of the docking maneuvers finally established by the Port Authority, will be binding for the Corporation of Practices.

In case of force majeure or for security reasons, the Practice may vary the established order by notifying the Port Authority in advance and in any case, subsequently justifying, in writing, the decision taken.

-The formal request of the service shall be made by the consignee, captain or shipowner of the ship to the Port Authority with a minimum advance of 120 minutes, except for the tidal boats for which the advance will be 180 minutes.

The Port Authority will immediately transfer the provider of formal requests received.

-The confirmation of the request of the service by the Captain of the ship will be made directly to the prestatora company with a minimum advance of 30 minutes, must answer is to the request of the service maximum in the same time period.

-When the service has been formally requested and confirmed with due notice, no delay in the commencement of service delivery will be admissible.

For ship departure:

The master of the vessel, the consignee or the shipowner of the vessel shall formally confirm the request for the exit pilotage service by means of the communication to the undertaking of the scheduled departure time of the vessel, with one Minimum advance of thirty (30) minutes. This minimum advance notice will be one hundred and twenty (120) minutes for the tide vessels and ninety (90) minutes for the airport's Field of buoys.

If the provider does not have any notification or instruction to the contrary, it is understood that the ship has the required authorizations and will be provided with the requested service.

When the service has been requested in advance, no delay shall be admissible in the commencement of the service delivery.

The only entities or persons authorized to apply for the practice, with the exception made of the Maritime and Port Administration in the field of their competences and in cases that the regulations allow, shall be the consignee of the vessel, as the representative of the shipowner, the shipowner or the master/master of the vessel.

ANNEX II

Reef Pto Practice Zone

Northern limit, starting on land at Punta Lomo Gordo with lat position. 28º 58.9 N and L. 013º 30.6 O, continuing at sea in lat positions. 28º 58.9 N and L. 013º 29.0 O, lat. 28º 56.4 N and L. 013º 30.6 O, lat. 28º 55.0 N and L. 013º 37.0 O, lat. 28º 56.0 N and L. 013º 37.0 O, en tierra Punta Lima (southern limit).