Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-5773
The Council of administration of the authority port of Las Palmas, in session date December 18, 2014, in view of the proposal made by the Directorate, in accordance with the provisions contained in Royal Decree 2/2011, 5 September, which approves the text revised from the law of Puertos del Estado and the merchant marine with regard to the regulation of the specific provisions of the port pilotage service, adopted the agreement «Adopted the statement of requirements specific to the provision of the service port of pilotage in the port of Arrecife» and publication in the «Official Gazette» of the full text of the statement as well as on the website of the port authority.
Las Palmas de Gran Canaria, 24 April 2015.-the President of the authority port of Las Palmas, Luis Angel Ibarra Betancort.
RESOLUTION of the Board of Directors of the port authority of LAS PALMAS, which approves the list of specific provisions of the port service of pilotage in the port of ARRECIFE background I. Date of departure on October 23, 2013, with registration number 6549, the port authority of Las Palmas, after having been heard the Committee of port services of the port of Arrecife, and other stakeholders, in accordance with the article 113.1 of the text revised from the law of Puertos del Estado and the merchant marine, approved by Royal Legislative Decree 2/2011 , 5 September (in later TRLPEMM), referred to Puertos del Estado for its report the record of the draft list of particular requirements of the port service of pilotage in the port of Arrecife, pursuant to the provisions of the TRLPEMM.
II. registry number 7015, with date of entry into this organism 2014 November 24, received the resolution of the President of Puertos del Estado, of 17 November 2014, issuing report favorable to the draft list of requirements specific port service of pilotage in the port of Arrecife, conditional, non-binding, the incorporation of the changes outlined in the report , prior to final approval by the Board of Directors of the port authority.
By virtue of, this Council of administration of the authority port of Las Palmas on 18 December 2014 session, agrees: first.
Approve the list of particular requirements of the port service of pilotage in the port of Arrecife, in the terms established in the revised text of the law of the State and the merchant marine, ports approved by Royal Legislative Decree 2/2011, 5 September.
Order the publication in Official Gazette of the referred individuals requirements specification, as well as the agreement of approval in accordance with the provisions of article 113.5 in the TRLPEMM, they will be available to stakeholders at the offices of the port authority of Las Palmas in physical and electronic form.
Against this resolution, which puts an end to the administrative appeal may be brought optionally before this Board of Directors in the period of one month, or, Alternatively, contentious-administrative in the period of two months, before the contentious-administrative of the High Court of Justice of the Canary Islands, both periods counted from the day following the notification of the present decision.
In compliance with the provisions of paragraph 5 of article 27 of the law 30 / 1992, of the legal regime of public administrations and common administrative procedure, warns that the minutes of the meeting of the Board of Directors of 18 December 2014 has not been approved yet.
Las Palmas de Gran Canaria, on December 18, 2014. - V.º b. º of the President of the authority port, Luis Ibarra Betancort. - the Secretary of the Board of the APLP, María Bosch Mauricio.
LIST of particular requirements of the port service of pilotage in the port of ARRECIFE clause 1. Legal basis.
In accordance with the provisions of article 113 of the text revised from the law of Puertos del Estado and the merchant marine, approved by Royal Legislative Decree 2/2011 of 5 September (hereinafter TRLPEMM), corresponds to the port authority of Las Palmas, the approval of the requirements specific to the service of pilotage in the port of Arrecife.
Clause 2. Definition.
Pilotage service means the counselling service to captains of ships and floating structures, provided on board, to facilitate their entry and exit to port and nautical maneuvers within this and the geographical limits of the area of pilotage, in conditions of security and in the terms established in the text of the TRLPEMM , in the General pilotage regulations (in later RGP), in the regulation of exploitation and police, in the port regulations and in these particular requirements.
Set out in Royal Decree 393/1996 of March 1, which approves the RGP, refers to: 1. entrance pilotage: counselling service provided by the pilot to steer safely a vessel or floating device in accordance with the specific provisions of each port, to its destination in port area , either properly anchored or moored to a dock, buoy, dam, Pier, dry dock, or varadero, passing through canals or locks if necessary.
2 output pilotage: counselling service provided by the pilot to steer safely a vessel or floating from their place of mooring, mooring buoy, dam, Pier, dry dock or varadero, to the geographical limits of the area of pilotage, in accordance with the provisions of each port or to the point where it stops the ship in Pedra prior indication of their captain, passing through canals or locks if necessary.
3 pilotage for interior movements: the counselling service provided by pilots to move a vessel or floating from one place to another within the limits of the pilotage service.
4 practical: is the person who after its corresponding habilitation and appointment; assists the captains of ships and floating structures to facilitate their entry and exit ports, rivers, estuaries or bars, anchorages, buoys, foreign landings and dykes, both internal and external movements of vessels at anchorages, you berths and desatraques, as well as in other areas; indicating the suitable defeat of the ship and nautical maneuvers needed for greater safety of navigation.
These services may only be carried out by the company that have license to do so, in accordance with the TRLPEMM.
Clause 3. Object.
The object of these specific requirements is the regulation of the granting of the license and the provision of the service of pilotage which 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 a port area in the port of Arrecife. To this effect, is understood as port area that is capable of fully independent operation including maritime accessibility and, therefore, that the geographical limits of the pilotage service corresponding to each of these areas are completely independent.
Such license shall comply with the provisions of the TRLPEMM and in these particular requirements.
Clause 4. Geographical scope.
The geographical area for the provision of this service is the port area, bounded by the service areas of the port of Arrecife, in accordance with the delimitation of spaces and uses port (DEUP).
1. geographical limits of the tecnico-nautico service of pilotage: pilotage service will be provided at the port of Arrecife and field of buoys for the supply to the airport, in the area within the following limits: Lat. 58.9 28º n and L 013 ° 30.6 W continuing in the sea in positions.
LAT. 58.9 28º n and L 013 ° 29.0 W.
LAT. 28 ° 56.4 n and L 013 ° 30.6 W.
LAT. 55.0 28 ° n and L 013 ° 37.0 W.
LAT. 28 ° 56.0 n and L 013 ° 37.0 W, ashore at Punta Lima (southern boundary).
2. the zone of anchorage of waiting for a place of mooring or emergency will be the area within 1.5 nautical miles between 062 ° / v delay from the southern end of the pier Los Mármoles Dyke, to Lat. position 28 ° 5809 n and L 013 ° 29.0 W and the delay 148 ° / v from the South end of the dam of the Los Mármoles Pier to the Lat. position 28 ° 56.4 n and L 013 ° 30.6 W.
See annex II.
However, to provide the service, the pilot may leave outside the geographical boundary established pilotage area, notice to the CCSP of the port authority of Las Palmas, wherever necessary to make manoeuvres safe for navigation, vessels and their crews.
Clause 5. Admission requirements.
1 General requirements: the provision of pilotage service will require the obtaining of the licence that shall be granted by the port authority subject to the provisions in the the TRLPEMM and in this list of particular requirements. The license for the provision of the service will always be specific.
To the be limited the number of service providers of pilotage by article 126.3 of the TRLPEMM, the license will be awarded by competition pursuant to article 115 of the Act and by the deadline in these special requirements, prior accreditation by the successful tenderer of the fulfilment of the requirements laid down in the law and in these particular requirements.
Offer may be submitted in competitions for the award of the license for the provision of the service, natural persons or legal Spanish, other countries of the European Union or third countries, conditioned these latest test of reciprocity, except in cases that the commitments of the European Union with the World Trade Organization do not require such a requirement which they have full capacity to act and are not falling into cause of incompatibility.
In any case, in accordance with the transitional provision second of the law of State ports and merchant marine, the company, as it also established the transitional provision second Act 27/1992, of November 24, the State ports and merchant marine, is entitled to obtain the license for the service while there are practical in the conditions laid down in paragraph 1 of the aforementioned provision transient second , subject to the requirements and conditions set forth in the particular requirements of the pilotage service.
The provider of pilotage service personnel must meet the requirements of certification and professional qualifications from, as set out in the applicable legislation as well as in these specific provisions.
The service provider must have the human and material resources sufficient allowing to develop the unit operations normally expected in the port, in terms of safety, quality, continuity and regularity depending on demand.
2. incompatibilities: The holder of a licence for the provision of port pilotage service cannot participate, by itself or through natural or legal persons, filed, in the capital or in the management of licensed firms for the provision of any other yacht technical service in the same port, except in the cases of integration of services license.
Clause 6. Professional, technical, and economic and financial solvency.
A) solvency economic financial company will be accredited when the following two conditions are met: to) the applicant firm must have a net worth that represents at least 10% of the value of the costs of providing the service for two years.
(b) the applicant firm must have a net worth equal to or higher than 15% of the total assets of the company.
This requirement will be credited for any of the following means: a. presentation of the annual accounts audited, not in summary, even if their presentation in the States is not obligation to where those are established.
b. report of financial institutions.
c. public deeds of subscription and payment of the share capital in the case of legal persons.
If for justified reasons a businessman can not provide the references chosen, the service provider may be credited its financial solvency by any other documentation considered as sufficient by the port authority.
The holder of the licence for the provision of the service will keep the current compliance obligations, labor, tax and social security during the entire duration of the license and thus they must prove it to the port authority.
(B) technical soundness and professional - technical and professional solvency of the company will be credited by the following means: 1. the applicant company must prove that it has the required number of practical duly certified by the maritime administration and commit to that service will be performed during the term of the license by practical properly enabled by the Administration referred duly appointed by the port authority, in accordance with the regulations.
2. the applicant company must provide proof that the remainder of workers meets the requirements in these special requirements and the General Directorate of the merchant marine for embarked personnel.
3. the applicant company must provide proof that you pose material means, facilities and technical equipment suitable to the performance required in these specific provisions for the provision of the service.
Clause 7. Conditions of delivery.
1. scope the service: the licensee will provide the service in accordance with the good rules of the office, in accordance with the principles of objectivity and non-discrimination, and as provided for in the TRLPEMM, in the General pilotage regulations, under the conditions laid down in these specific requirements and the license granted by the port authority.
Instructions given by pilots from the time at which depart the pilotage station, as well as the precise information that the vessel required to perform the service in conditions efficiency and safety of navigation of vessels, their crews, port facilities and users of the service shall be included in the pilotage service.
The center of Control of port services shall certify the use of pilotage service.
2 exemptions to mandatory use of pilotage service: are not obliged to use the pilotage service ships and captains that the maritime administration has granted exemption, with criteria based on the local experience of the captain of the ship, the characteristics of the ship, the nature of the load, the peculiarities of the port and other circumstances regulations report of the port authority is planning to heard the organ which exercises the representation of pilots at the national level, in accordance with the General pilotage regulations, in order FOM 1621 / 2002, of July 20 and in the other regulations that may apply.
Pursuant to article 126 of the TRLPEMM, as a general rule, unless an explicit indication of the harbour master for reasons of safety of navigation, will be exempt from pilotage service ships and vessels in the service of the port authority; for the execution of works in the public port domain; the provisioning and provisioning of vessels; for the provision of port services, based in the port and those who are at the service of other public administrations, having its base in the port, as well as vessels of any other type, whose crew includes a captain who has exercised, even temporarily, as practical in the port that question either has surpassed theoretical qualification tests and practices on that port.
3 operations required for the service: the pilotage service includes the following operations: 1) establishment of contacts and timely interaction with port authority Service Control Centre for the coordination, management and control of the maritime traffic and other technical-nautical services.
(2) exchange of information with the vessel requesting the service, to coordinate and agree on point and time boarding of the practical and the conditions of the same.
(3) advising the captain on Board of the ship, to carry out the maneuvers of entry or exit from the port, anchoring or change of mooring or dock.
(4) advice to the master of the vessel to the coordination of nautical services towing and mooring during the nautical operations.
(5) compliance with the instructions of the port or maritime administration in the areas of competence, with regard to the allocation of posts of mooring or anchoring of vessels, except in cases of force majeure or emergency.
4 coordination of the service: the service provider must meet all requests for service received, under the conditions laid down in these specific provisions.
The pilot will follow the instructions coming from the port authority and will coordinate the maneuver in its advisory function, with the master of the vessel.
Vessels will necessarily have their base at the port and its preferential mooring post must be approved by the port authority, as well as any changes thereto.
Vessels used for the service, may not leave the area of the port service, or provide services other than those set forth in these specific requirements, unless prior and express authorization of the port authority and report of the harbour in which affect maritime safety.
The pilot must remain in contact with the service control centre, where appropriate, coordinating the schedule of services and warning of the moments of beginning and ending of each of them, as well as the incidents that arise and will follow instructions that will impart from the Centre or service. For this, you will have and will use established media and will continue operating procedures of the port authority.
5. operating conditions:
1) pilotage service will be provided regularly and continuously to all ships and boats which request it, already have the obligation to use it or already ask for it on a voluntary basis, and must be operational 24 hours a day every day of the year, except for force majeure in which case the service provider shall be required without any compensation, to adopt the necessary measures to deal with the circumstances adverse and ensure the resumption of the service. This is without prejudice to the instructions that the port authority and the harbour master could teach for reasons of security of the port and emergency control.
To these effects force majeure means any event unforeseeable and exceptional, independent of the will of the provider of the service and the port authority, which is not attributable to misconduct or negligence of the provider, and that not would have been avoided by applying the highest diligence possible, and which prevents to carry out the provision of the service.
(2) the provision of the service will be held with due diligence avoiding delays in the start of it.
The formal request and confirmation of the service request will be made by the consignee, the master or the shipowner of the ship by the procedure and with minimal notice in annex I 3) during service corresponds to the master of the vessel command and the direction of the manoeuvre.
The port authority shall determine the order of priority of the maneuvers, taking into account the priorities that the maritime authority could have, where appropriate, for the purpose of maritime safety or for reasons of port operation.
(4) the maintenance of ships work will be carried out in periods of inactivity of the service.
The service provider must replace the media expected to stay out of service for overhaul, scheduled maintenance or any other cause that can be anticipated in advance. The middle of substitution must be available before removing the affected.
The service provider shall submit a commitment to replace any equipment or material medium paralyzed by malfunction, repair, or administrative reasons, on the other hand, in a period not exceeding 15 calendar days, prior report to the port authority, without prejudice to that service should continue to be on the same terms of quality, security, etc.. This single outstanding period may be extended in a single additional period.
The replacement of a team or boat on the other for the provision must be previously authorised by the port authority.
Equipment or substitute boats shall comply with technical characteristics that are suitable for the provision of the service and be previously authorized by the port authority.
(5) communications: Pilotage service will have a communications protocol, in accordance with the procedure that has been authorised by the port authority, which guarantees the ordinary operation of the service in the terms indicated above and their coordination with the Control of port services (C.C.S.P.) Center, and where appropriate, with the port service, responsible for the coordination of operations center.
6. security conditions: the service provider shall be subject to the rules of service and police, as well as port Ordinances and resolutions of the Board of Directors carrying them.
The company must be integrated into plans to develop the port authority as a response to emergencies and protection of the port with all its resources, both human and material, to the effect of making them available in the direction of the Plan, and in accordance with orders and priorities emanating from it, which, within the period not exceeding three months from the granting of the licence shall provide to the port authority inventory of media, its location, its permanence, schedules and other information required by the port authority.
(a) health and safety at work: the company that provides the service port pilotage, in fulfilment of its duty to effective protection against occupational risks, guaranteed rights, the safety and health of all workers under their command in all work-related aspects. Develop preventive action on a permanent basis in order to improve the existing levels of protection, and shall ensure to ensure adaptation to the changes in the circumstances of work.
The port pilotage service company, will integrate the occupational risk prevention in all its activities and decisions, both in technical processes, the Organization of the work and the conditions under which this is provided at all levels of the hierarchical line (attribution to all them and assumption by them, include the prevention of occupational risks in any activity that carry out or order) (as well as in all decisions taken).
The provider of the service, in accordance with the law of prevention of occupational risks (Act 31/1995 of 8 November) and the complementary regulations, must be approved before the start of activity, occupational risk prevention Plan as well as emergency plans that apply in compliance with article 20 of the Act.
Likewise, the company that provides the service will monitor the implementation of coordination of business, of agreement provisions of article 24 of law 31/1995, of 8 November, prevention of occupational hazards and in Royal Decree 171/2004, of 30 January, by which article 24 of the aforementioned law develops in the field of coordination of business activities, as well as article 65 of the law of State ports and merchant marine, approved by Royal Legislative Decree 2/2011, 5 September.
(b) protection of ships and port facilities: the service provider, ask the Director of the port authority the relevant authorizations for access to the areas fenced or bounded from the port area, of each of the people in the company who need to perform in the space activity, being responsible for civil actions by them. It will also give account of persons, duly apoderadas, assume its representation.
The provider of the service and its staff shall comply at all times set out in policy below indicated and other regulations that may apply, 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 concerning the improvement of the protection of ships and port facilities.
(2) Royal Decree 1617 / 2007, of December 7, whereby the measures for improving the protection of ports and maritime transport ("BOE" No. 304, Thursday, December 20, 2007).
(c) global security: as long as soon as is being developed by the public agency of State ports the regulation of exploitation and police, and the corresponding port regulations by the port authority of Las Palmas, the maximum speed, in zone I, ships and vessels that serves will be 7 knots, except the dock of Naos that will be of 3 knots taking care to not promote the generation of waves that disturb the normal mooring of boats docked in the adjacent docks; area II is the one deemed safe by the practical for the transshipment of the Practico.por maneuver operational reasons, the port authority may permit higher speed, upon request and express justification of the service provider.
The provider shall comply with provisions in the «technical conditions for the provision of pilotage service» for maritime safety reasons approved by the General Directorate of the merchant marine, pursuant to article 20 of the General pilotage regulations.
Coaster, before beginning the procedure, shall ensure that the elements of security and assistance which must have to carry out the same: boatmen and tug boats etc., are at the disposal of the vessel and ask the captain confirmation the ship's propulsion elements, operation, safety and communication in perfect operation.
It is detected any incidents in this regard, the practical ask the captain of the ship that it is remedied, and shall inform the port authority as soon as possible through the procedure as established by the port authority, who will decide on the measures to be adopted.
When the pilot considers risky a move for reasons of draught, bad weather or any other cause, may discourage their realization justifying its decision to the port authority, and the resumption of the maneuver and the continuation of pilotage service as a result of the decision that, which must respect, in any case, the technical conditions of provision of the service for reasons of maritime safety adopted in his case , by the harbour master.
Pilots must give an account to the port authority and the harbour master, of any event or occurrence that takes place on the occasion of the provision of the service port of pilotage, which affect or could affect maritime safety, the safety of human life at sea or to the marine environment, including observed deficiencies and the anomalies detected during operations in and out of port or nautical maneuvers inside This one, which could be relevant for these purposes, as soon as possible.
Maritime and port security, establishing points of boarding, disembarkation, standby vessels and special conditions: 1) the boarding point: to) the embarkation point of entrance to port (including zone of anchorage and field of airport buoys) will be located in the outer boundary of the area of pilotage, within a radius of 1.5 nautical miles from the southern end of Los Mármoles dock Dock and that limit , at the point that the pilot considered most suitable in relation to the direction of approach of the ship, weather conditions, etc.
However, at the request of the captain of the vessel or of the harbourmaster, in accordance with the practical and safety reasons, this may board the vessel at any point on the outer boundary of the service area.
(b) the point of embarkation for the port exit manoeuvre will be the post assigned as berthing the vessel, making the shipment before the exit manoeuvre, either by land or by sea.
The embarkation point for the exit of anchor manoeuvre, will be that occupy the vessel before levar chains.
((2) landing point: to) the point of disembarkation, the input to the spring maneuvers, will be that occupy the vessel, once completed the docking maneuver in the assigned stand.
(b) the landing point, in the output of the spring maneuvers, will be the master of the vessel and the pilot considered that the vessel is in 13(d) and is safe, depending on weather conditions, transshipment or traffic at that time.
(c) the point of disembarkation, in manoeuvres of exit of anchoring, completed the maneuver of cam of anchorage, will be the master of the vessel and the pilot considered that the vessel is in 13(d) and is safe, depending on weather conditions, transshipment or traffic at that time, except in the maneuvers that the ship proceed to port that shall apply provisions in regard to input to spring maneuvers.
(d) the landing point for the exit of the field of buoys manoeuvre once has finished the manoeuvre of untying of buoys and levada anchor chain, will be the master of the vessel and the pilot considered that the vessel is in 13(d) and is safe, depending on weather conditions, transshipment or traffic at that time.
Special conditions: in duly justified exceptional cases, when weather conditions prevent the shipment of the pilot in the set point, the practical accompany the ship from this situation to a place where it is possible boarding. During this navigation coaster shall advise the master of the vessel, using many media to be precise - positioning tug escort, information traffic, alignment, boats, etc.-. In this case the captain manifest their explicit agreement.
Waiting area: the area of esperade vessels to take practical and proceed to the position of mooring or anchoring assigned will be 1 nautical mile from the outside of the boarding area.
7. environmental conditions: the company shall comply at all times with current environmental regulations that may apply, in particular, those related to the contamination of water and soil, as well as the governing waste management, by adopting appropriate measures to not produce episodes of pollution, avoiding any spill in the port docks and integrated into the Contingency Plan or of prevention and fight against pollution accidental marina of the port authority.
The company shall take appropriate measures to not exceed the limits of emission of pollutants into the atmosphere and noise to establish environmental legislation as well as which determine the corresponding port Ordinance, avoiding that occur or may be produced by atmospheric or acoustic pollution episodes and adopting the necessary technical measures for the reduction of the emission of particulate pollutants from the engines.
The service will take place, in any case, with strict compliance with environmental standards set out in these specific requirements, the regulation of exploitation and police, port regulations and systems of environmental management which, if any, adopted by the port authority, in accordance with its objectives and indicators of environmental sustainability.
8. the level of quality of service indicators.
The provision of the service will be made with due diligence avoiding delays in the start of it. The service provider should develop pilotage operations within a reasonable time in accordance with the characteristics of the ship, operating conditions, the prevailing weather conditions and the points of beginning and end of the service, attending if possible instructions issued by the port authority.
Certification in the reference of quality service will always voluntary, as it establishes the law of Puertos del Estado and of the M.M., which includes bonuses on activity rate where the provider chooses to implement them.
The service provider shall be obliged to collaborate with the port authority in the study of improvements in the provision of the service and the planning of future actions.
The indicators considered to evaluate the provision of the service will be: 1) availability of material means minimum, understood as that they are ready to be used at any time: is calculated as ratio by ratio between the total time that the media are ready to be used and the total time established in these specific provisions in which the service must be operating. The computation of availability should not be less than 95% of the total of services on an annual basis.
D = time equipment available /(365×24) = 1-(Tiempo fuera de servicio) /(365×24) 2) tardiness: number of operations that have started with a delay of more than 15 minutes. The maximum annual percentage of delays for reasons attributable to the lender, will be 1%.
The maximum annual percentage of operations initiated with delays exceeding one hour, for reasons attributable to the provider, shall not exceed 0,5%.
(3) congestion: Number of operations initiated with a delay of more than 15 minutes as a result of the coincidence in the demand for various services either simultaneous or overlapping. It is calculated as ratio by the ratio between the total number of services delayed by coincidence and the total number of services carried out in the year. The maximum annual percentage of delays of this type, will be 1%.
This indicator does not evaluate the quality of the provision by the company but the service in general and the media size. The breach of this indicator will require the downsizing of media materials and humans required by these specific provisions modifying forms set out in the TRLPEMM.
(4) number of services with accident. For these purposes means accident all event or event sudden and caused by cause or occasion of the activity of the service provider and whose responsibility is attributed to the lender, causing damage to persons, equipment, materials, other ships and port infrastructure or the environment. Be computed the number of services with made accidents, which occur over 12 months. Shall not exceed a: - minor accidents: 0.3% of the total.
-Serious or very serious accidents: 0.1% of the total.
(5) number of services with incident. For these purposes means incident any event or event sudden and caused by cause or occasion of the activity of the service provider and whose responsibility is attributed to the lender, that alter the normal conduct of the operations, but that does not cause damage to people, equipment, materials, other ships or port infrastructures, nor losses in service processes or environment. Be computed the number of services with incidents which occur over 12 months. Shall not exceed 60 services per year or 1% of the total of services performed.
(6) number of claims and complaints by provision of the service in which its final resolution is attributable to the provider. The annual percentage rate of claims and maximum admissible complaints will be 1% 7) the average response to complaints time: average between the difference of date of presentation of the claim and the date of response. The limit is set at 15 days. The annual percentage rate of response deadline to put forward claims admissible will be 1%.
Indicator limit frequency computation annual maximum allowable Calculation Formula No. (%)
Availability of material means.
1 T. failure / (365 × 24).
≥ 95 2 number of delayed operations.
No. delayed × 100/total services.
≤ 1 3 No. ≥ 1 hour delayed operations.
No. delayed ≥ 1 hour × 100/total services.
1 hour annual.
≤ 0.50 4 No. delayed by congestion of media operations.
Delayed no. P.C.M. × 100/total services.
≤ 1 5 minor accidents.
No. accidents × 100/total of services.
0.3 6 serious or very serious accidents.
No. accidents × 100/total of services.
0.1 7 incidents.
Number of incidents × 100/total services.
60 or ≤ 1 8 number of claims received.
Annual number of claims × 100/total services.
≤ 1 9 average response to claims time.
Difference between date of claim and reply.
≤ 15 days yearly.
≤ 1 in case of occurring during the performance of the service an eventuality that affects any of the indicators before displayed, must register the causes that have led to deviations, to the port authority.
Failure to comply with the established indicators may will lead to the application of penalties and the extinction of the license if it is repeatedly as set out in this contract, without prejudice to the effects that could arise from these breaches.
9. powers of inspection and control.
The port authority may inspect at any time the media attached to the provision of the service, as well as check its correct operation.
To this end, the service provider will provide port authority access to registry referred to in the previous section at any time require this.
10 innovation and improved service.
The provider will acquire the commitment to participate in any initiative that promotes the port authority for the improvement of the quality of the services and shall be obliged to collaborate with the port authority in the study of these improvements and the planning of future actions.
In addition it may, on its own initiative, propose changes that, in any case, may involve deterioration or loss of quality in the provision of the service. Any change in operating procedures, will be duly justified and require prior approval by the port authority, and previous experimentation with its implementation in use.
Also, the provider will acquire commitment to integrate with the mark of quality of the port of Las Palmas, in accordance with standards which govern it and participate in any initiative that promotes the port authority for the improvement of the quality of services.
11. temporary suspension of the service to a user.
The port authority, in the event of non-payment of the service, may authorize the lender the temporary service suspension, until payment or to guarantee enough debt that generated the suspension.
The service provider, when it has elapsed at least one (1) months since I had truthfully required the payment of fees, unless the user had made cash or had sufficiently guaranteed payment, may ask the port authority the temporary suspension of the service to the user. The requirement to be practiced by any means that allows evidence of the receipt by the user, as well as the date, identity and contents of the. The possibility of suspension shall inform previously to the user.
The port authority, once analyzed the request for suspension, may impose the prior deposit of the fees will be earned, while it handles the approval or denial of authorization of suspension of the service.
The suspension of service for non-payment may only be exercised prior authorization from the port authority and provided that no security reasons prevent it.
The suspension of service for non-payment may be lifted at the request of the port authority or the harbour master, duly substantiated for safety reasons.
Once the payment of the amount owed, restarts the services normally.
Clause 8. Public service obligations.
1. obligation of coverage universal. public service - the service provider is obliged to meet all reasonable demand under non-discriminatory conditions.
However the foregoing, the service provider may suspend temporarily a user for repeated non-payment of previous services according to the provisions of article 109 of the TRLPEMM and in these particular requirements.
2. public service obligations so that the service is provided in conditions of regularity and continuity - the service provider is obliged to maintain the continuity and regularity of the service 24 hours a day, every day of the year, depending on demand, except for force majeure, in accordance with the conditions specified in these special provisions.
To ensure continuity in the provision of the service, the port authority may establish mandatory minimum services.
3. public service obligations related to collaboration in practical training in the provision of the service. - the service provider shall be obliged to collaborate in practical training for candidates who have passed the test of theoretical knowledge.
The service provider shall be obliged to collaborate in practical training for crew for vessels in accordance with the provision of training of the port authority.
Likewise, the service shall be obliged to participate with their means in practical training or emergency drills organized by the port authority or the harbour.
Given the nature of partner in practical training, do not provide compensation any for this service.
4 public service obligations to cooperate in rescue, fire suppression operations, the fight against pollution, as well as prevention and control of emergency. - the human and material resources required the lender to cooperate with the port authority and the maritime administration and, where appropriate, with other service providers in rescue, fire control work fight against pollution, as well as prevention and control of emergency must be willing to direct interventions in response to requests from the competent authority and will be required in these specific provisions for the regular provision of the service. When such means are required by the harbour master or other competent body, you must be immediate knowledge of the port authority.
Interventions as a result of these obligations shall bear the fees set forth in these special provisions.
5 submission to authority tariff. - taking into account the absence of competition, given that the pilotage service for maritime safety, there is only a single provider, this must agree at all times to the maximum rates laid down in these special provisions.
Also, the port authority will control the transparency of tariffs and the concepts that are billed.
Clause 9. Significant investment.
To not affect the term of the license, you don't need to define the significant investment in the port service of pilotage, in accordance with article 114 of the TRLPEMM.
Clause 10. Duration of the license period.
The duration of the license for the provision of the service will be 10 years in accordance with article 114 of the TRLPEMM.
Being limited the number of providers of the leave they are not renewable and must be awarded through competition.
However, while the existing company is a practical fulfilling the conditions indicated in the second additional provision of Act 27/1992, whose validity is maintained in the L.P., license will be granted to this company.
When you call contest, the license will be the offered by the successful tenderer in that contest.
The company may waive the license provided that you notify the port authority with twelve (12) months in advance.
Clause 11. Human and material resources.
The licensee must have the necessary human and material resources for the provision of the service in the required conditions of safety, quality, continuity and regularity, in accordance with the characteristics of the demand.
Media will be, as a minimum, those determined below: 1. in relation to the team: to) human resources: in accordance with article 126 of the TRLPEMM, the port authority has determined that the number of necessary practical for the provision of the service in the port of Arrecife is: three (3) practical holders of template.
The service provider shall be required, in any circumstance, to maintain a practical (1) guard service 24 hours a day every day of the year, under the terms described in these special provisions.
The physical presence in the port of the pilot on duty shall not exceed the 18 hours a day on annual average, subject to time irregularity.
Taking into account the low intensity of the number of operations in the port of Arrecife, this continuous operation under the terms described, does not imply permanent physical presence in port, but localized availability and continuous willingness to provide and respond to the services requested in time and manner appropriate to the requirements in this list of specific provisions no delays or delays, responding to all services in the expected ETA to emergencies that may occur or when it is required the provider both by user, e.g. port or maritime authority or Centre Coordinator of services.
Among all pilots that make up the company that provides the service, it shall appoint a representative for all relations with the port authority, and may be assisted by the person whom it considers.
(B) vessels crew: the crew of the vessels will be the compulsory in accordance with the minimum crew of security box issued by the maritime administration. Also, it will be provisions of the current regulations on the use of material safety by the crew of all vessels.
All staff will have training and experience commensurate with their functions, and must be in possession of the qualifications and certifications imposed by the regulations in force.
Auxiliary staff will be the one that ensures the operation of the service under the conditions laid down, and must have the necessary minimum professional qualifications for the feature that will develop, in accordance with the established labour legislation in the sector.
Such staff will be linked to the company through the different existing contractual arrangements, the absence of any working relationship with the port authority. In the event of termination of the provision of the service, the port authority will not be such personnel, nor assume any labor obligation with respect to the same, in accordance with these specific provisions.
Also, under provisions of article 109.5 of the law of Puertos del Estado and the M.M., the provider may employ practical and personal assistant duly qualified and for the time that prove necessary, to meet temporary activity increases, if staff were insufficient.
In the event of modification of activity have a stable character, the port authority may adapt media required minimums by amending the particular requirements, being the holder of the licence to vary the workforce at the appropriate proportion to adapt to the modification of the specific provisions within the period established by such modification.
(C) health and safety at work: every worker shall have the necessary PPE for the provision of the service, in accordance with their assessment of risk.
The personnel must know the media that has the company, its location and the use of the resources intended to rescue, fire control work, fight against pollution and to the prevention and control of emergency and will be trained in its use.
The service provider undertakes to expressly comply with standards that, in relation to the safety and health of workers, implanted within the port area and the Covenants.
The holder must accompany a plan of organizing services that detailing the procedures involved, the allocation of human resources, work shifts.
Staff will be unequivocally identified by his clothing, according to proposal of the company.
2. material means minimum for the provision of the service: throughout the duration of the license, the service provider shall have adequate means for the effective provision of the same, and as a minimum will comply as indicated below: (1) boat attached to the port service of pilotage, which must be permanently available, 24 hours a day every day of the year except for cause of force majeure or authorization express of the port authority.
The vessel must comply with provisions in the «technical conditions for the provision of port pilotage service» for maritime safety reasons approved by the General Directorate of the merchant marine, pursuant to article 20 of the General pilotage regulations (Royal Decree 393/96 of 1 March).
Still the above, the vessel shall meet the following requirements: to) minimum length of 10.00 metres.
(b) minimum power, a 350 hp engine.
(c) have reinforced hull to be able abarloar to ships without damage.
(d) be so equipped in all its length of a contour strip protection able to withstand and absorb the impacts that occur to abarloar is the ship, as well as adequate defenses.
(e) dispose of flat roof and non-slip, avoiding obstructions that hinder the displacement from the bridge to the point of embarkation. They will benefit from pulpit provided to handle to the practical in this journey. In the area of the embarkation point and its immediate surroundings you must have points in which it is possible to affirm harnesses safety for use by the sailor's support to the practical, where embarkation/disembarkation maneuvers required to do so.
(f) the navigating bridge shall have maximum visibility horizontally, covering in any case shipment (bow bridge) area and both sides, so the pattern have a direct view entire manoeuvre of embarkation and disembarkation of the pilot, both the navigation. You must also have sufficient vertical visibility that allows the vision of the practical, by the employer, during the loading and unloading the ship.
(g) be equipped with a system for cleaning or demisting of the crystals. Such a system may consist of a vistaclara, wiper brushes, electric heaters, circulation of hot air or similar mechanisms.
(h) minimum safety equipment:-1 lifebuoy with tailing of 30 meters and light.
-4 regulatory life jackets.
-Sufficient safety harnesses.
-Focus search to illuminate 100 metres away, and with one large enough to illuminate the scale of practical when you are in the vicinity of the ship that provides service.
-A scale of rescue for collection of man to water, or a device which allows to perform the operation safely.
(i) navigation and communications equipment:-Transceiver VHF approved for the band of the maritime mobile service, with a power of 25 Watts and fixed installation.
-Equipment of automatic identification (AIS or SIA) of class A and Transponder-Radar system to facilitate the location of the boat's practical and help in the operations of approach where you have to use the boat as a reference.
The practical base station must have a facility which, as a minimum, will be composed of the following elements:-telephone and fax with independent lines and internet access.
-Transceiver VHF approved for the band of the maritime mobile service, with a power of 25 Watts and fixed installation.
-Equipment VHF portable 4 w, intrinsically safe in accordance with the European standard, along with the Chargers and batteries required, to ensure proper communication to each guard coaster.
-System of reception and representation of the type A AIS-based traffic.
-Sufficient computer equipment to carry out the control and monitoring of the provision of services and inform the port authority established in these special provisions.
-A system of uninterruptible power supply (UPS) that allows in case of failure of the current, the power of computers for at least 4 hours.
3. General considerations on the boats: must be conveniently released by the Harbour and be in possession of all the necessary certificates according to the current regulations, which may be requested by the port authority at all times. They must also have the necessary insurance in accordance with the Spanish legislation of navigation and with the agreements signed by Spain. You must prove leaves seat boats or equivalent documentation issued by the flag State.
Ships assigned to the service must maintain all their certificates in force during the term of the license, which will be available to the port authority and also meet the conditions laid down in these special provisions.
The change in the allocation of vessels to the service must be previously approved by the port authority.
Vessels used for the service will necessarily have their base at the port and its docking position shall be adopted by the port authority as well as any changes thereto. Such means may not leave the area of the port pilotage or provide services other than those set forth in these specific requirements, without prior authorization from prior report of the harbour in which affect maritime safety, except for cause of force majeure or unforeseen, duly justified according to the port authority and the port authority.
The antiquity of the vessel attached to the service shall not exceed 15 years, and must be replaced to attain such seniority, except that made substantial upgrades in which ensure that you can provide the service in conditions of safety, efficiency and quality during the term of validity of the licence. In any case will require the express approval of the port authority to prolong life for the period that it deems necessary in accordance with the above criteria.
4 means necessary for the fulfilment of the public service obligation to cooperate in rescue, fire control, pollution control, operations as well as in prevention and control of emergencies: the human and material resources required the lender to cooperate in the work of rescue, fire control, pollution control, as well as in prevention and control of emergencies and port security will be required for the regular provision of service that they shall be made available to the Director of the emergency when required by the port or maritime administration.
5. Generic regulation of the human and material resources: If the material means attached to the port service were not owned by the proprietor of the license, the latter shall submit in addition to the requirements indicated above, corresponding lease contracts for a period equal to or greater than the requested license.
If during the term of the license is a variation of traffic or a change in the form of provision, the port authority may notify the company so you have the possibility of putting additional means to those required in your license to ensure that all services are duly served.
When variation of traffic or changes in service delivery are substantial, the port authority may adapt media required minimums through the modification of these specific provisions, leaving the licensee required to vary the media assigned to the service, pursuant to the provisions in article 113.2 from the TRLPEMM and these specific provisions.
Once the term of the license, the port authority will not be charge of the material resources available to the service provider. The investment in these facilities during the term of the license, and is pending to pay off at the end, will not be entitled to any compensation.
Clause 12. Tariff structure, maximum rates and review criteria.
The pilotage rates include the cost of pilotage personnel, for the vessels and other means used, as well as any other expense or cost required for providing the service.
1. tariff structure: rates will have as a basis the measuring system of the vessel used currently in the international conventions of tonnage, which is the gross tonnage or «GT (Gross Tonnage)», with corrections legally established. The tonnage of vessels is measured according to the Convention of London of 1969.
The criteria to be followed will be the rate flat, service or manoeuvre, meaning one that does not suffer increases services in night time or holidays.
The tariff structure will be by sections of GT and will consist of a fixed part and another variable, as specified in the table indicated below, subject to the following formula to find the cost of the service provided.
Cost = (fixed part) + (part varible × GT) being GT's, GT of the assisted vessel.
Will be accepted exclusively charges and reductions caused by:-when they have mobilized the human and material resources for the realization of the service, a surcharge will be applied or bonus of 25% of the rate base to apply, for each period of 30 minutes of undue delay in the start of your benefit, either by charged cause to the practical, well to the ship respectively; up to a maximum of 120 minutes, indicated that if the delay is not justified, according to the port authority, and is attributable to the vessel, this will lose the turn, and must request a new service, to bill you for a service complete. If it is for no justified reasons imputable to the company will apply the indicated bonus and in addition, the port authority may be considered, taking into account the circumstances that occur concurrently, has been given an incomplete or inadequate provision of port pilotage service, as established in article 26.a.2) the Real Decree 393/1996 of March 1 for the purposes of consideration of non-light.
-The cancellation of a service requested by the vessel without notice of at least one hour in the port business of reef and two hours in buoys. Shall be deemed a false service, billing is 50% of the rate that appropriate, provided that the human and material resources required have been mobilized.
In the rates applicable to pilotage services, the following operations will be differentiated: 1) input pilotage: counselling service provided by the pilot to steer safely a vessel or floating device in accordance with the specific provisions of each port to its destination in port area, either properly anchored or moored to a dock, buoy, Dyke Dock, dry dock, or varadero, passing through canals or locks if necessary.
(2) pilotage of output: counselling service provided by the pilot to steer safely a vessel or floating from their place of mooring, mooring buoy, dam, Pier, dry dock or varadero, to the geographical limits of the area of pilotage, in accordance with the provisions of each port or to the point where it stops the ship in Pedra prior indication of their captain, passing through canals or locks if necessary.
(3) pilotage for interior movements: the counselling service provided by pilots to move a vessel or floating from one place to another within the limits of the pilotage service.
(4) special maneuvers: are defined as special maneuvers, those which:-must use more than one practical for its realization.
-Have a duration exceeding 60 minutes due to its special characteristics.
-Manoeuvres carried out in the field for the buoys.
2. maximum rates.
Maximum for pilotage service fares will be those set out below.
Port pilotage GT service: from - up to fixed part part variable 0-1000 115.2 0.0008358 1001-3000 121.5 0.0032028 3001-6000 117.0 0.0047660 6001-10000 145.8 0.0001076 10001-16000 22.5 0.0115500 16001-20000 31.5 0.0107000 20001-25000 29.7 0.0117000 25001-30000 22.5 0.0124589 30001-40000 29.7 0.0121000 40001-60000 54.0 0.0119588 60001-80000 36.0
0.0125438 80001-rest 54.0 0.0123917 these rates shall apply to the operations of:-entrance pilotage.
-Pilotage for interior movements.
Considered special maneuvers, according to the definition in these specific provisions, is billed as follows:-when involving two or more practical: a fee for each one of the pilots involved in it individually.
-Manoeuvres with a duration exceeding 60 minutes: 295,75 euros/hour by the time exceeding 60 minutes as usual. The proportion will be invoiced to the additional minutes. The manoeuvre carried out in the field for the buoys will always quantify a minimum of one hour.
-Surcharge for transfer, return to the field of buoys: €200.
In the case which comply with several of the above circumstances, surcharges will be added.
The rates to be applied will be the one offered by the provider in the contest, and will always be less than or equal to the maximum laid down in these specific requirements.
3 criteria for updating and extraordinary revision of maximum tariffs to) update. - the port authority will update if required, the maximum rates in December, using the following formula: K rates update = K × K traffic cost rates update carried out will be in your case, applicable as from 1 January of the following year.
Where: Ktrafico = 1 - 0.5 x (ΔT/T), where ΔT/T = variation of the number of services provided, both by one, with its corresponding sign.
Kcoste = 1 + 0.9 (Km.o. + Kcomb) 0.9 = coefficient of costs, as one.
Kcomb = Varcomb x pesocomb, being pesocomb = weight of the fuel, as per one. Percentage that is fuel expenses account. This weight shall be set at 0.04.
Varcomb = variation of the price of fuel for ships.
Km.o. = Varm.o x pesom.o., Varm.o. = variation of the price of labor.
pesom.o. = weight of the labour force, as per one. Percentage that represents staff in the expense account costs. This weight shall be fixed at 0.64.
For this purpose the previous coefficients shall be fixed as follows: Incr workmanship, taking labor cost variation provided by the INE in its section "50. Transport maritime and inland waterways» by calculating the average of the last 4 quarters with respect to the average of the previous 4 quarters (numbers 5 to 8 above).
In the event that the above formula produced a variation of 10% rate, the port authority will update the amount of the maximum rates through the implementation of a new financial economic study of the service, in which the variations of the different elements that make up the cost of the service are taken into account, as well as the changes experienced in the volume of services provided and the amount of the turnover of the same proceeding to adapt the present statement of requirements to the results of the study.
(b) review extraordinary. - review of the tariff structure, or upgrade of the maximum rates when it exceeds the value of 10% referred to in the preceding paragraph, or when there are circumstances which have arisen, unforeseeable at the time submitted the application or tender, that lead to assume, reasonably, that if you have been known by the provider of the service when it granted the license , I would have opted to cancel the same, only it may carry out, on an exceptional basis, it is a modification of the conditions laid down in these specific requirements, will be made with identical procedures that the row for approval.
4 rates by intervention in emergencies, fire rescue or pollution control: direct interventions in response to requests from the competent authority in emergencies, operations of salvage, fire or fight against pollution that cause specific identifiable costs, will result in the accrual of the maximum rates set out in the present specific provisions, if they correspond to common services.
If they did not have equivalence with services unit, will they be billed as if they were special operations defined on these specific provisions.
These services may be ordered by the maritime authority or by the port authority, and will be charged to the vessel or auxiliada installation. For this purpose they will be jointly and severally responsible shipowner, owner, the insurer's liability, and the captain of the ship and in the case of installations, the owner, the owner of entrepreneurial activity, in his case, and the insurer of the activity.
Clause 13. Obligations providing information to the port authority.
1 general information: the service provider to request or requirement of the port authority shall provide the following information within the time limits specified in each case: a) the detail of the material and human resources, and facilities to the provision of the service (inventory) within a period of 20 calendar days from your request.
(b) the alteration in their human or material resources or facilities, as may occur or the lender know them. In any case these alterations must be with the express agreement of the port authority of Las Palmas.
(c) the detail of its shareholder composition or partners members of the company, and any change in its shareholder composition or members, as soon as this occurs, in order to be able to check compliance with the provisions of article 121 of the TRLPEMM.
(d) regardless of the type of society with which they are registered, shall submit to the APLPL, annually and in within 15 days from their approval, the annual accounts of the company with strict accounting separation between the service and other activities that could develop the provider, in accordance with the provisions of article 122 of the TRLPEMM.
(e) certificates updated to meet current public finance and social security in a period of 20 calendar days from your request.
(f) when the rates, the cost structure, have been updated reflecting the main elements of cost, according to economic criteria necessary to determine the actual cost of the service in a reasonable manner. In particular, must be detail and justify the following items: 1) if the material means are not themselves, copies of contracts for rentals or charter parties.
2) if the media are themselves, the amount of investment and annual depreciation.
(3) the staff costs.
(4) volume of fuel consumed in the last 5 year) amounts corresponding to bunkering, 6) the amounts devoted to preventive and corrective maintenance.
(7) the amounts of the insurance.
All of them within 20 calendar days of your request.
(g) the relationship and amount of investments planned for the two coming years within a period of 20 calendar days from your request.
((h) indicators and standards of quality of service measurements associated to: 1) media availability.
(2) not attended services.
(3) timeliness in the beginning of the services.
(4) average time duration of services grouped by sections of the gross tonnage of the ships attended, set out in the tariff structure.
(5) list of accidents occurring in the provision of the service.
(6) a list of incidents in the provision of the service.
(7) list of representations and complaints by the indicated service dates of presentation and response to them.
(8) procedure (suggestions, complaints and claims) customer service made available to users of the service.
All of them within 20 calendar days of your request.
(i) list of operations in which accidents have occurred indicating scale number and description of the accident within a period of 20 calendar days from your request.
(j) a description of the mechanisms of coordination of business activities in the field of prevention of occupational risks in a period of 20 calendar days from your request.
(k) the certificate of disposal of systems of management of quality and protection of the environment established by the mark of quality of the port of Las Palmas in a period of 20 calendar days from your request.
(l) the certification of the provision of the warranty set forth in these specific provisions.
(m) the certification of insurance and warranty for covering risks outlined in these specific provisions within a period of 20 calendar days from your request.
(n) the justification be given high as producer of waste within a period of 20 calendar days from your request.
2 detailed information on services: taking into account the information needs of the port authority for the management of the port service, for studies that will lead to improving service, for planning future thereof, as well as for statistical purposes, the service provider must be documented completed a record computerized with data services provided to ships.
When the port authority create a platform of services for the port community, or dispose of any external application for the introduction of data by third parties, the lender must either introduce or dump the data of each service on this platform at least twice a month.
That 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) date and time of the service request.
(4) date and time of arrival at the dock.
(5) date and time for which the service request has been confirmed.
(6) date, time and place of commencement of the provision of the service.
(7) date, time and place of completion of the service.
(8) a study which has been involved in the service.
(9) the AIDS used in the maneuver.
(10) incidents occurred during the provision of the service.
(11) invoiced amounts.
13) surcharge/S-bonificacion/is: concept.
14) charge/S-bonificacion/is: amount.
(15) discounts: concepts and amounts, only those approved in the offer allocated, does not include commercial bonuses.
The information contained in the record shall be provided to the port authority a monthly and in the format of this set.
The computerized register may be consulted by the competent authorities, and the information in it will be available for these consultations for a minimum period of four years.
3 complaints and complaints about the provision of the service: the claims submitted to the provider, with the exception of the minor errors of billing that is able to correct at the moment, should be transferred immediately to the port authority, which will be processed in accordance with the rules and procedures laid down in the quality Plan of the port.
4. information about the applied rates: the service provider must provide to the port authority detailed information about their rates (which must be public) and invoices, so that it can verify that they are not higher than the maximum rates, as well as to verify the transparency of tariffs and concepts that are billed in order to be able to analyze the conditions of competitiveness in relation to the prices and the quality of services.
5. information relating to the environmental management carried out by the service provider.
The service provider shall make available to the port authority the annual external audit report on its environmental management system. This report shall include, among others, possible non-conformities detected in compliance with environmental regulations that may apply.
Clause 14. Warranty.
In order to ensure the fulfilment of the obligations arising from these particular requirements, sanctions and penalties that may be imposed and damages that may occur to the port authority, for breach of the terms of service, the provider must be, before starting its activity, a guarantee in favour of the Chairman of the port authority , in the terms established in article 95 of the TRLPEMM of: warranty claims. Reef ports: port pilotage service: €20,000.
Failure to comply with the financial obligations and the conditions laid down in these specific requirements by the provider, will allow the execution or immediate provision of this warranty.
When by application of the provisions of the preceding paragraph, the port authority had to make use of the guarantee, fully or partially, provider will be forced to replace it or complement it in within a month, counted from the Act of disposal. If the person concerned does not restituyese or completion guarantee in the referred period, the port authority may extinguish the license as well as take the legal action it deems appropriate.
The port authority updated the minimum amount of the warranty five-year way starting from the approval of these particular requirements using the same criteria that the maximum rates a cumulative basis. However, not be required modification of the guarantee once constituted up to the five-year review that apply to you.
The guarantee shall be lodged in the terms indicated by the port authority, as well in:-effective.
-Aval Bank or insurance surety.
The bond, which will be supportive, may be granted by a person or entity other than the licensee, provided, however, that warranty is subject to the same responsibilities as if it were composed of the same, and without the benefits of exclusion, division and order can be used.
The creation of the security does not imply in any case that the responsibility of the holder of the licence is limited to the amount.
Extinguished the license, as the assumptions provided in these special requirements, the return of the warranty or its cancellation, will be held once satisfied the payment of outstanding obligations with the port authority and where appropriate the total or partial loss of the same responsibilities that would have incurred by the provider of the service or the sanctions and penalties that had been imposed and not paid.
Clause 15. Coverage of risks.
International provisions in section 8.b) of article 113 of the TRLPEMM, "subject to obligation to the lender indemnify all damages and damages caused to third parties as a result of the provision of the service license. When such damages have been caused as immediate and direct consequence of an administration order, it will be this responsible within the limits given in the laws». This condition will be included expressly in the license.
For this purpose, before the beginning of its activity, the provider must have insurance civil liability covering responsibilities for possible damages caused during the performance of the port service, as well as compensation by occupational hazards.
This warranty may be integrated in his case, the liability insurance above.
The amount of such insurance must be that the lender considers sufficient to cover the risks indicated, of the provision of the service, and at least the lesser of the following amounts: - €21.8 per unit of gross tonnage of the largest ship that has been paid service - €1.059.000.
Previous quantities correspond to the time of adoption of these specific provisions and must be updated to determine the resulting quantity indicated in the licence updating it every year in the same proportion that the interannual variation experienced by the general index for total national Assembly (IPC) consumer prices in the month of October. Coverage that is and should be included in the license is also updated on a yearly basis using the same criteria.
Likewise, the company must have the financial guarantee enabling it to cope with environmental responsibility inherent to the activity, as appropriate pursuant to law 26/2007, for the amount to be determined on the basis of risk assessment and for any of the forms referred to in this law. At the beginning of each year, the entry into force of this policy of liability insurance must demonstrate to the port authority.
Clause 16. Penalties.
To ensure a correct implementation of this specification requirements privately, and without prejudice to the claim for damages and damages to any place and other rights and actions that correspond to the port authority, this may impose penalties of up to €3,000, for breach of specific quality standards in the provision of the service (quality indicators set out in the present specific provisions) , provided that such non-compliance is not typified as offences in the disciplinary regime of the TRLPEMM.
For breach of quality indicators:-availability: €2,000 if three (3) or more services in one month with lack of availability of material means, for reasons attributable to the practical.
-Tardiness: €3,000, if three (3) or more services delayed a month, for reasons attributable to the practical or a serving with 1.5 hours or more than delay.
-Claims presented: €2,000 if three are received (3) or more claims per month, whose result is attributable to the service provider.
-Complaints not taken care of in time: €2,000 if three (3) or more a month, not served in time and whose failure is attributable to the service provider.
By waiving the license or abandonment of the service in breach of the period of notice set clause 10 of this specification, or termination of the license for any of the other reasons listed in clause 17, except in the cases to) and e) of the same: 20 €000.
The port authority will update the amounts laid down in the preceding paragraph in a five-year way starting from the approval of these particular requirements, using the same criteria that the maximum rates a cumulative basis.
Previous penalties shall be entitled to the port authority, after hearing from the company and through the corresponding reasoned ruling, to the seizure of the amount of the guarantee, which shall be replaced by the provider within the period indicated in this statement.
The penalties referred to in the preceding paragraphs do not exclude the compensation to which the port authority, users or third parties may be entitled for damages and losses caused by the service provider.
In addition to effects of the imposition of sanctions, suspensions and resources precautionary of penalties, shall be governed by the rules of common, being susceptible of being appealed before the competent contentious administrative procedure.
Clause 17. Causes of extinction of the license.
Licenses may be extinguished, in accordance with the provisions of article 119 of the TRLPEMM, for the following reasons: to) during the period specified in the license.
((b) the revocation of the title for any of the following reasons, in accordance with article 119.1 from the TRLPEMM: 1) for loss or non-compliance with the requirements laid down in article 109.2 of the TRLPEMM and the conditions established in the enabling title.
((2) for the adaptation to the modification of the contents of the license approved by the port authority have been amended in these particular requirements, as laid down by article 117.2 of the TRLPEMM c) for breach of any of the obligations of public service or of any of the conditions laid down in these specific provisions, taking into account the following particularities (: 1) in the event of non-payment to the port authority of rates and fees accrued, shall be the revocation of the license within six months after the completion of the voluntary payment period.
(2) it will be cause for the revocation of the title, breach of the obligation to supply the information that corresponds to the port authority, as well as providing false information or incorrect or incomplete form of repeatedly.
(d) billing services or improper concepts to users or the port authority or distortion of the services provided.
(e) waiver of the operator with the required notice of twelve (12) months.
(f) does not start the activity within the prescribed period, as indicated in these special provisions.
(g) transfer of the license to a third party without the permission of the port authority or leasing thereof.
(h) establishment of mortgages or other warranty rights (with exception made of the first mortgage or other security rights), on the material means attached to the provision of the service without informing prior to the port authority.
(i) no replacement or warranty prior request of the port authority.
(j) by severe neglect in the maintenance or replacement of the material resources necessary for the provision of the service.
(k) repeated provision of poor or abusive service, especially when it comes to security.
(l) the repeated breach of the indicators established by the port authority, without prejudice to the effects that may arise from such breaches.
(m) do not have the human resources and established minimum materials.
(n) the non-compliance of the offered rates and maximum rates.
(o) provide false or erroneous information knowingly to the port authority.
(p) abandonment of the service area of the port by any of the materials assigned to the service, without the prior authorization of the port authority and report of the harbour in which affect maritime safety.
License will expire by agreement of the Board of Directors of the port authority, after hearing the interested party, except in the case provided for in paragraph a) of the preceding paragraph, in which extinction occurs automatically.
The extinction of the licence will lead to the loss total guarantee, except in cases to) and e).
Clause 18. Obligations of environmental protection and contribution to sustainability.
The company must comply with the rules applicable in environmental issues as well as specific environmental standards which, if any, laid down in the regulation of exploitation and police, port Ordinances and instructions that can dictate the port authority, as well as in systems of environmental management that could approve the port authority, or having it implanted , in accordance with the objectives and indicators of environmental sustainability, and will be responsible for adopting the necessary measures to prevent and to mitigate the environmental effects resulting from the provision of services. Port regulations may provide for the minimum operational measures that the company should take to this end.
In application of law 26/2007, environmental liability, the company shall carry out a risk assessment and provide financial guarantees which may be applied in accordance with the same.
In the term of one year from the date of grant of the license, the provider must have implanted and certified an environmental management system, according to which set the mark of quality of the port of Las Palmas.
The scope of these management systems should include all activities related to the provision of the service governed by these specific provisions.
In accordance with article 11 of the order FOM 1392 / 2004, pilot boats, must have a plan of delivery of waste to port reception facilities authorized by the port authority, should be such a plan accepted by the affected facilities. In addition, they will present quarterly before the harbour a relationship of their waste deliveries during that period, with the endorsement of the above-mentioned installation.
Likewise, the lender must have a protocol or, where appropriate, a contingency Plan for possible spills, both their own as to intervention at the request of the competent authority, which shall be included or integrated into the port authority Contingency Plan. The Protocol shall contain the availability of human and material means of action, the procedure of activation and response.
Clause 19. Criteria of distribution of public service obligations.
To be limited the number of pilotage service providers by article 126.3 of the TRLPEMM and there is no more than an area or port area, is not necessary to establish the criteria for distribution of the public service obligations, which must be assumed by the sole provider.
Clause 20. Criteria of quantification and distribution of compensation for public service obligations.
Being limited the number of pilotage service providers by article 126.3 of the TRLPEMM, there no more than an area or port area and there is no terminal ticket or merchandise dedicated to the particular use that can be applied to the integration of services, it is not necessary to establish the criteria of quantification and distribution of compensation for public service obligations.
Clause 21. Port charges.
The holder of the licence for the provision of pilotage service, are required to the satisfaction of the following rates: to) participation rate: the provision of services by the Licensee obtains the corresponding rate in favour of the port authority in accordance with article 183 et seq. of the TRLPEMM.
Taxable rate will be by the licensee for the provision of port service.
The accrual of the rate shall be the date of commencement of activity except causes justified according to the port authority.
The full fee rate, is calculated by the port authority applied to the taxable base corresponding type of assessment in accordance with the following:-the tax base will be the number of services provided.
-The type of assessment, in accordance with the criteria and limits in the article indicated, will be €3.6914 per service.
In accordance with the criteria referred to in article 188.b) of the TRLPEMM, the annual amount earned by the port authority for this concept, will have the following limits: a. the annual amount shall not be less than one per cent of the annual net amount of turnover or, in absence thereof, of the volume of business developed in the port under the licence.
b. the full annual fee rate shall not exceed six per cent of the annual net amount of turnover or, in absence thereof, of the volume of business developed in the port under the licence.
The tax base and assessment associated with the same type will be set to leave and will not be reviewable except as provided in the preceding paragraph or by modification of these specific provisions.
At the end of each financial year, the licensee shall facilitate the annual net amount of the turnover and the actual amounts of the tax base (number of services rendered), corresponding to the service object of the license, that it will form the basis for the regularization of the full annual fee. This volume of business must be properly credited by the presentation of the annual accounts.
The tax rate will be updated in accordance with article 190 of the TRLPEMM.
(b) rate of the ship: the provision of services by the Licensee obtains the corresponding rate of the ship for the port authority in accordance and under the terms laid down in the articles 193 and following of the TRLPEMM where there is a concession or authorization to the service provider, it must pay the rate of occupation of the public domain as specified in the title of the concession or authorization.
The payment of these fees will take place in accordance with the deadlines and procedures listed below.
-Monthly settlement period.
-Liquidation periods expired.
Both rates, shall be taken into account possible subsidies provided for in article 245 of the TRLPEMM clause 22. Modification of these specific provisions and license.
1. modification of the specific provisions.
In accordance with article 113.2 from the law of Puertos del Estado and the M.M., the port authority may modify this list of requirements specific for objective reasons motivated, among other things, by the evolution of the characteristics of demand in port, technological developments and imbalances observed in security conditions quality, continuity and regularity in the provision of the service, policy changes and new requirements associated with the public service obligations.
The modification of the specific requirements will be made with identical procedures that the row for approval.
2. modification of the license.
In accordance with article 117.2 of the law of Puertos del Estado and the M.M., according to the principles of objectivity and proportionality, the port authority may modify the contents of the license, after hearing stakeholders, when they have been amended in the particular requirements of the service.
The modification will be set a term so holders adapt to them. Within this period, without that adaptation, has occurred the license shall be without effect.
In any case, the activity rate applies with adaptations originating as set out in the law of Puertos del Estado and the M.M., and in these particular requirements.
Clause 23. Transfer of license.
Licenses may be transmitted to persons other than those that were originally granted them when transmission is made in favour of a physical or legal person that meets the requirements listed in the 109.2 of the law of Puertos del Estado and the M.M., as well as all the provisions provided for in this specification and those set out in article 92 of the same law of Puertos del Estado and the M.M. When the license is transmitted along with a grant from the public domain linked to the service.
Likewise, the transceivers and the purchasers shall meet the requirements set forth below:-the licensee is aware in the fulfilment of all the obligations arising from the award.
-That the transferee meets the requirements for the exercise of the activity or service subject to concession.
-That from the date of granting, has elapsed, unless one period of two years.
The transmission will be in any case subject to prior conformity of the port authority and, where appropriate, to mandatory approval by the competition authorities, taking the effects provided for in labour legislation with respect to contracts of employment of staff of the licensee.
Clause 24. Responsibility of the provider against their employees and third parties.
Once the term of the license, the port authority will not be charge of the material resources available to the service provider. The investment in these facilities during the term of the license, and is pending to pay off at the end, will not be entitled to any compensation.
Clause 25. Protection of personal data.
In compliance with organic law 15/1999, of 13 December, of protection of Personal character data (in hereinafter LOPD), the port authority of Las Palmas with registered office at Explanada Tomás Quevedo, s/n Las Palmas de Gran Canaria informs the applicant that the personal data which may be collected through the submission of the documents required for the granting of a licence for the provision of port service object the present specific provisions will be subject to processing, automated or not, under the responsibility of the port authority in order to check the accreditation by the applicant's compliance with the conditions and requirements in the same request how much additional documentation is necessary, respond to your requests for information, communicate the agreement of the Board of Directors concerning the granting or not of the license proceed ex officio to its registration in the register of companies providers of port services, submit any other required documentation on the subject, as well as any other procedure provided for in accordance with the applicable regulations and the maintenance of historical.
Also advises the applicant that in accordance with current legislation, the port authority shall communicate the information and personal data in the procedure of granting of the license to the following agencies and third parties: judges and courts, in its case, when it was legally required to do so, agency public Puertos del Estado (OPPE) for inclusion in the General Register of companies providing port services the intervention General of the administration of the State (IGAE) for carrying out the functions of control that has conferred and in general, to any other third party who, under the current regulations the port authority had the obligation to communicate the data or that they agree to the obrante information in the referenced record given its public character.
The person concerned consents cited treatment through the presentation of the request for issuance of the license and delivery, therefore, to the port authority of all the documentation which is made to record your personal data and undertakes to communicate in the shortest time to the port authority any variation of data collected through the present contract or the generated during the processing of your request for license in order to that the cited authority can proceed to its update. Personal data have been supplied directly by the person concerned, the port authority considered to be exact provided by this, as not to communicate otherwise.
In compliance with provisions of the data protection act, in the event that the person concerned must facilitate personal data relating to individuals other than those identified in the present specification, either during processing of leave or during the provision of the service, you must prior to their communication to the port authority, to inform them of the points contained in this clause. Consequently the transfer of personal data by third parties to the port authority, is conditioned to the legitimacy, necessity and proportionality principle and relevant, not excessive, current and truthful data communication, and requires prior inform and seek consent to such third parties for the processing of your data according to the points contained in this communication. When the data transferred by the person concerned to the port authority prove to be inaccurate, in whole or in part, or incomplete, the person concerned must cancel them and replace them ex officio by the corresponding data rectified or completed within the period of ten (10) days since it had knowledge of inaccuracy - unless the law applicable to the file provides a procedure or a specific term for it - and inform the port authority at the same time the correction or deletion effected.
The applicant is also obliged to deliver to each of the individuals whose data are transferred to the port authority, informative communication provided by the aforementioned port body, which must be signed individually by each of the affected and returned to the port authority along with the remaining documentation that is relevant to these effects.
For such purposes, the delivery by the interested party to the port authority of any documents containing personal data must ensure the adoption of the relevant security measures in accordance with title VIII of the Royal Decree 1720 / 2007, of 21 December, which approves is the regulation of development of the data protection act, and in particular It shall take measures to prevent theft, loss or improper access to information during transport.
The interested parties may exercise their rights of access, rectification, cancellation and opposition that assists him with respect to their personal data, by contacting by letter, to which accompanied a photocopy of ID card, addressed to the APLP, ref. DATA, legal service, C/ Tomás Quevedo Ramírez, s/n, CP 35008, Las Palmas de Gran Canaria, or by e-mail to email@example.com or that the substitution and to communicate in the General registry of data protection.
Thus, in order to grant the maximum facilities for the formulation of their requests, the APLP has forms of exercise of such rights, and can apply at the above email address.
Clause 26. Submission of applications.
Those interested in obtaining a license for the provision of port pilotage service may submit their offers before the port authority when the contest be convened for that purpose, which shall be governed by the provisions of the corresponding list of bases.
However, in accordance with the provision transient second Act 27/1992, of the State ports and merchant marine and in the transitional provision eighth of law 48/2003, economic regime and provision of services of general interest ports, the company licensed existing at the entry into force of the Act 27/1992 , you have the right to obtain the license for the provision of the service while in the Corporation exist practical under the conditions provided for in paragraph 1 of the aforementioned second transitional provision, subject to the requirements and conditions set forth in these particular requirements of the service of pilotage, as provided for in paragraph 2 clause 27. To obtain a license, shall submit its application to the port authority, pursuant to article 115 of the law of State ports and merchant marine.
To access the licence, the successful bidder of the contest must submit an application containing the data listed in article 70.1 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure. Essential requirement must submit original or a copy certified by the port authority of Las Palmas or attested by a notary, of the documents listed below: to) administrative documentation, which will be integrated by the documents listed below are related and may be provided in original or certified true copy: 1. supporting documentation of the capacity to act of the applicant : If the equivalent document is a physical person, national document of identity or, in the case of foreign nationals,.
Legal persons be credited through the deed or document of Constitution, the statutes or the founding act, which contained standards which regulates its activity, duly registered, where applicable, in the public registry that corresponds, according to the type of legal entity concerned.
In the case of non-Spanish businessmen who are nationals of Member States of the European Union it will be credited by their registration from in accordance with the legislation of the State where they are established, or by submitting an affidavit or certificate, in the terms established by law, in accordance with Community rules.
Other foreign employers must prove its capacity to act with the report of the permanent diplomatic mission of Spain in the corresponding State or the Consular Office in whose territory is situated the domicile of the company.
2. documents evidencing the representation. They must be those who are brought or requests on behalf of others, to sign power of attorney to the effect, in his case, duly registered in the mercantile registry, and the national identity card or, in the case of foreign nationals, the equivalent document.
3. the applicant shall appoint a representative with sufficient powers and is domiciled within the territorial scope of powers of the port authority, for the purposes of establishing regular communication with the Agency.
4. statement to submit to the jurisdiction of the Spanish courts of any order for all incidents that, direct or indirectly, could arise from the granted license, with resignation, where appropriate, to the foreign judicial jurisdiction that may correspond to the applicant. Spanish applicants must not submit this Declaration.
5. express declaration of know and accept the terms of these specific provisions.
6. supporting documentation of the financial solvency of the applicant, in accordance with clause 6 of these specific provisions.
7. supporting documentation of the technical and professional solvency of the applicant, in accordance with clause 6 of these specific provisions.
8 statement responsible for the Constitution of the warranties set forth in these specific provisions within the period stipulated in the licence.
9. supporting documentation of the character fiscal, employment and social security obligations set out in clause 6 of these specific provisions.
10. in the case of legal entities with corporate form, supporting documentation of the shareholder composition of the company.
11 statement responsible for compliance with the obligations laid down in article 121.4 of the TRLPEMM and of not being in the causes set forth in article 60.1 of the Royal Legislative Decree 3/2011, of 14 November, which approves the revised text of the law of contracts in the Public Sector.
12. commitment to notify the port authority any changes that would affect the provisions of the preceding paragraphs and occurs subsequent to the application.
(B) technical documentation, which will be integrated by the documents listed below: 1. Description of the activities that comprise the provision of the service that is requested, with the proposal of organization and procedure.
2. Description of the human and material resources for the provision of the service, indicating your qualifications and characteristics, respectively, in accordance with these specific provisions.
3. Economic and financial analysis of the activities and investments to develop and justification of the proposed rates which will include different concepts not exceed the maximum amounts laid down in these specific provisions.
4. specific accreditation for media minimum materials that shall be attached to the service port, provided for in clause 10, as well as those indicated in the request. The boats, which will have its base in any of the ports managed by the port authority of Las Palmas except for express clearance from the port authority for reasons of exploitation will be properly released by the harbour master and have approvals and the corresponding certificates, compliance with current legislation in the field of security.
5. responsible for declaration of having permits, authorizations and licenses legally required for the exercise of the activity.
6. commitment to meet levels of quality, productivity and performance required, as well as those offered, in accordance with the proposed organization and procedures for the provision of the service, indicating objetivables and measurable parameters of quality.
7. commitment to certification and implementation of specific quality manuals prepared by the APLP, as well as the integration into the quality mark of the ports of Las Palmas port authority, within a maximum period of one year from the date of obtaining the license.
8. commitment to holding a civil liability insurance under the terms established in these specific provisions. Without accreditation to the port authority's compliance with this requirement will not start the service.
9. the remaining documentation whose presentation is required in these special requirements and resolutions which, where appropriate, approve the General direction of the merchant marine that established minimum technical conditions for provision of the service.
It is not necessary to accompany the license request that documentation of the required this clause which has already been provided by the applicant to the opt to the competition for the award of the license in accordance with the corresponding list of Bases of the same, and therefore already doing in the possession of the port authority statement of contest will contain in his case, at least, the requirements to participate in the contest, the term of the license, information to make it easier for the applicant and the criteria for awarding. The minimex and the conditions required will be those set forth in these special provisions.
Clause 27. Other conditions.
1 beginning of the service: the service will begin to be within a maximum period of one month from the date of notification of the granting of the license.
Prior to the start of the service provision, the port authority will proceed to inspect the material means committed by the lender and check the human resources, to verify that they meet the requirements.
2 license already existing for the approval of these particular requirements: the existing license at the time of approval of these particular requirements must adapt to them within a maximum period of 6 months. Within such period without that has taken place for reasons attributable to the lender, the adaptation, the license shall be without effect.
3. assumption of responsibilities: the service will be done by the licensee under its sole risk and ventura.
The consumption of fuel, water and electricity, as well as any other service that can be used in port, and all other expenses which results in the provision and that are necessary for the operation of the service will be borne by the service provider.
All taxes, local taxes or rates derived from the provision of the service, pursuant to the legislation in force at any time will be borne by the licensee.
The holder of the licence for the provision of the service will keep the current compliance obligations, labor, tax and social security during the entire duration of the license and thus they must prove it to the port authority.
International provisions in section 8.a) of article 113 of the Royal Decree legislative 2-2011, will be included in the license the following clause: "the port authority is not liable in any case the obligations of any nature corresponding to the provider of the service against its workers, especially that relating to labour relations, pay, prevention of risks or social security».
The licensee will be responsible for adopting 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 licence. - the licensee shall be entitled to: to) bid and serviced the port pilotage as provided for in article 126 of the TRLPEMM under the conditions laid down in this statement of requirements individuals and the license granted by the port authority.
(b) receive fees from users for services rendered and, where appropriate, to update and review thereof pursuant to these special requirements.
(c) perceive the economic consideration that matches as a result of the cooperation in the provision of security, rescue, pollution, emergency and fire-fighting.
(d) suspend temporarily service to a user in the event of non-payment of the service provided, authorization of the port authority, provided that for safety reasons do not prevent it. For this purpose, the service provider shall proceed in accordance with this specification.
2 duties of the holder of the license - the license holder shall have the duty of: to) the service of pilotage port as provided for in article 126 of the TRLPEMM under the conditions laid down in this statement of requirements individuals and license granted by the port authority, in accordance with the principles of objectivity and non-discrimination to any user who requests it.
(b) subject to the maximum rates approved by the port authority.
(c) the obligations of public service in accordance with article 113 of the TRLPEMM in the present contract and license granted thereto.
(d) comply with the regulation of exploitation and police, port Ordinances and other regulations apply.
(e) pay to the port authority rates and fees accrued and contribute, where appropriate, to the financing of public service obligations.
f) provide to the port authority all information and documentation required to verify compliance with their obligations and control the proper provision of the service, to meet the requirements that come tax by the law of Puertos del Estado and the M.M., the present list of requirements individuals and other rules of application, as well as to meet statistical needs and especially that relating to the quality of services and tariffs, in order to ensure the transparency and the fairness of the same.
(g) report to the port authority, immediately, of any cause that prevents the provision of the requested service or its service within the response period set forth in the particular requirements.
(h) be transparent information to users, giving publicity to the conditions of provision of the service and tariffs applied, so that they can have access to this information.
(i) ensuring transparency and reasonableness of the rates to satisfy for the provision of services, as well as concepts that billed.
(j) not to engage in anti-competitive conduct in the market of port services, comply with the resolutions and meet the recommendations issued by the competent regulatory bodies.
(k) respecting the standards and resolutions approved by the competent authorities in the field of environment.
(l) adopt the necessary measures to meet the requirements which, in the field of maritime safety and port, public security and national defense, are formulated them by the competent authorities.
(m) inform the port authority any significant change in its shareholder composition, in accordance with article 121 of the TRLPEMM.
(n) take for each port a strict accounting separation between the pilotage service and other activities that could develop the lender, crediting it to the port authority in the terms provided for in article 121 of the TRLPEMM.
(o) competent authorities obtain the permits, authorizations and licenses that are required for the provision of the service and keep them in force.
(p) transferred the port authority all claims incurred by alleged deficiencies in the provision of the service.
This obligation shall not be payable to holders of maritime stations and terminals dedicated to particular uses, or the authorized to service integration.
Annex I the application of port pilotage service shall be carried out by persons or entities which are authorized, in the following way: for the entry of vessels:-based on the received DUEs port authority communicated daily to the service provider by means most suitable transmission for each port, (fax, EDI, internet, paper, etc.) a list of requests for mooring, anchoring and move authorized by the unit of planning and management of berths, as well as the criteria of priority of entry, if you settle.
If the company considers in his opinion, the desirability of introducing modifications to the established order, for reasons relating to the conditions of operation, it will in knowledge of the port authority asking for its approval. The order of the maneuvers of dockage finally established by the port authority, shall be binding on the Corporation's practical.
In case of force majeure or for reasons of safety, the practical may vary the established order warning previously to the port authority and in any case, justifying, in writing, the decision.
-The formal request of the service will be made by the consignee, Captain or owner of the ship to the port authority with a minimum advance of 120 minutes, except for vessels of tide for which the advance is 180 minutes.
The port authority will give immediate transfer to the provider received formal requests.
-Confirmation of the request for service by the ship's captain will be made directly to the provider at least for 30 minutes, and must answer this at the request of the service maximum in the same period of time.
-When the service has formally requested and confirmed in due time it will not be permissible delay in the start of the service.
For the departure of vessels: the master of the vessel, the consignee or the owner of the same will formally confirm the request for the service of pilotage of output by means of communication to the company that provides the expected time of departure of the vessel, with a minimum notice of thirty (30) minutes. This minimum notice will be one hundred twenty (120) minutes for vessels of tide and ninety (90) minutes for the field of airport buoys.
If the provider did not have no notification or instruction to the contrary, means that the vessel has mandatory authorisations and the requested service will be given you.
When the service is requested in due time it will not be permissible delay in the start of the service.
The only entities or persons authorized to request the service of pilotage, with the exception of the maritime and port administration in the scope of their powers and in the cases that the legislation so permitted, shall be the consignee of the ship, as a representative of the shipowner, the shipowner or the captain/pattern of the same.
Annex II Pto pilotage area. Reef limit North, pulling ashore in Punta Lomo Gordo with position lat. 58.9 28º n and l. 013 ° 30.6 or continuing in the sea in positions lat. 58.9 28º n and l. 013 ° 29.0 or lat. 28 ° 56.4 n and l. 013 ° 30.6 or lat. 55.0 28 ° n and l. 013 ° 37.0 or lat. 28 ° 56.0 n and l. 013 ° 37.0 or in land Punta Lima (southern boundary).
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