The Board of Directors of the Port Authority of Ceuta, in session dated March 9, 2015, in view of the proposal made by the Directorate, in accordance with the forecasts contained in the Royal Legislative Decree 2/2011, of 5 September, for which the Recast Text of the Law of Ports of the State and the Merchant Marine is approved, with respect to the regulation of the specific requirements of the Harbour Service of Practice, has adopted the agreement of " Approve Specification of the Specific Prescriptions for the Provision of the Portuguese Practice Service, in the Port of Ceuta "and its publication in the" BOE " of the full text of the contract, as well as on the website of the Port Authority.

Ceuta, April 9, 2015. -President of the Port Authority of Ceuta, José Francisco Torrado López.

SPECIFICATIONS OF PARTICULAR REQUIREMENTS OF THE PORT OF PRACTICE IN THE PORT OF CEUTA

February 2015

INDEX

Clause 1. Legal basis.

Clause 2. Definition.

Clause 3. Object.

Clause 4. Geographical scope.

Clause 5. Access requirements.

Clause 6. Submission of offers or requests.

Clause 7. Human and material means.

Clause 8. Significant investment.

Clause 9. Term of validity of the license.

Clause 10. Start of the benefit.

Clause 11. Conditions of benefit.

Clause 12. Quality of service.

Clause 13. Environmental and safety conditions.

Clause 14. Operational and control procedures.

Clause 15. Modifications to the benefit.

Clause 16. Responsible.

Clause 17. Port charges.

Clause 18. Tariff structure and maximum rates.

Clause 19. Maximum rate revision and update criteria.

Clause 20. Rates for intervention in emergencies, fire extinguishing, rescue or pollution control.

Clause 21. Rights of the holder of the license.

Clause 22. General obligations related to the service.

Clause 23. Public service obligations.

Clause 24. Criteria for the distribution of public service obligations.

Clause 25. Criteria for the quantification and distribution of compensation for public service obligations.

Clause 26. Obligations of environmental protection and contribution to sustainability.

Clause 27. Guarantees and insurance.

Clause 28. Modification of the license.

Clause 29. Penalties.

Clause 30. Causes of license extinction.

Clause 31. System of incompatibilities.

Clause 32. Transmission of the licenses.

Clause 33. Data protection.

Annex I. Planes of the pilotage area and points of embarkation.

Annex II. Submission of offers or requests.

CHAPTER I

Object and basis of the specification

Clause 1. Legal basis.

According to the provisions of Article 113 of the recast text of the Law of State Ports and the Merchant Navy approved by the Royal Legislative Decree 2/2011, of 5 September (hereinafter TRLPEMM), it corresponds to the The Port Authority of Ceuta the approval of the present particular prescriptions for the provision of the service of pilotage in the port of Ceuta.

Clause 2. Definition.

It is understood by practice the service of advice to captains of ships and floating artifacts that will be provided on board of these to facilitate their entry and exit to port and the nautical maneuvers within this and the limits geographical area of practice under conditions of safety and in the terms set out in Article 126 of TRLPEMM, in the Regulation governing this service (General Regulation of Port Practice, approved by Royal Decree 393/1996, (1 March) and in the present specification for particular prescriptions. During the service it is for the master of the vessel to command and address the maneuver.

Clause 3. Object.

The purpose of these particular prescriptions is the regulation of the provision of the port of practice referred to in Articles 108 and 126 of TRLPEMM in the port of Ceuta.

Clause 4. Geographical scope.

The geographical scope of this service is determined by the service area of the Port of Ceuta and by the geographical limits of the practice area established.

The area of practice that is established for the only area of practice of the port of Ceuta comprises the sea surface between the coast and an arc of circumference that, making center in the union of the second with the third alignment of the Poniente pier and a radius of 1.5 miles, une Punta Bermeja with the coast of the north skirt of Mount Hacho. In this area and under normal conditions of time, the practice will embark on the area determined by a circle of 0.25 miles of radius and center on the 360 ° delay of the green light of the Poniente dam and 0.75 miles of it. When the weather situation prevents boarding, the pilot shall direct the ship from the vessel to obtain the necessary shelter in the area most suitable for this purpose.

The plane of the pilotage area is included in Annex I.

CHAPTER II

Grant Procedure and Service Delivery Access Regime

Clause 5. Access requirements.

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

In accordance with Article 126.3 of TRLPEMM, the number of providers shall be limited to a single provider.

As the number of providers is limited, the licence shall be awarded by tender in accordance with Article 111 of TRLPEMM and in accordance with the procedure laid down in Article 115 of the TRLPEMM, for the period laid down in that Article. Special prescriptions, prior to accreditation by the holder of the compliance with the requirements laid down in the Law and in these Specific Prescriptions.

Without prejudice to the foregoing and in application of the transitional provision of TRLPEMM, in relation to the second transitional provision of Law 27/1992, of 24 November, of Ports of the State and of the Merchant Navy, the Corporation of Practices of the port of Ceuta, S.L.P. or entity that replaces it, shall be entitled to obtain the license to provide the service as long as they are practical under the conditions laid down in paragraph 1 of that provision second transitional period, provided that they comply with the requirements and conditions laid down in this particular requirements of the pilotage service.

In the service of pilotage the self-provision cannot be authorized, without prejudice to the obtaining of exemptions from pilotage. The integration of services may not be authorised either, except in the case of ports, particular berths or terminals under concession arrangements situated outside the geographical limits of the provision of the port service of pilotage, as in those other exceptional situations of similar characteristics to the previous ones. Where licences are granted to allow integration, the holders of such licences shall comply with the same conditions laid down for the provider of services open to general use, with the exception of clauses relating to universal coverage, Tariff structure and maximum tariffs, performance levels and public service obligations relating to continuity and regularity on the basis of port demand.

Only natural or legal persons, Spanish or foreign, who have the capacity to act, and credit their economic, financial and technical solvency, will be able to obtain the corresponding license. professional.

A. Economic-financial solvency.

Tender companies must have a net worth representing at least the largest of the following two amounts: 15% of the value of the service delivery costs for two years or 25% of the total assets of the service the company.

This requirement can be credited, among others, by any of the following means:

a) Report of financial institutions.

b) Audited annual accounts.

c) Public scriptural underwriting and disbursement of social capital in the case of newly created companies.

d) Any other documentation deemed sufficient by the Port Authority.

The bidders or applicants must prove to be aware of the compliance with the obligations of a fiscal, labor and social security obligations required by the legislation in force.

B. Technical and professional solvency.

Technical solvency will be credited by presenting:

1. A relationship, where appropriate, of the principal services or works carried out in the last three years by the applicant including amount, dates and public or private beneficiaries thereof.

2. A description of the management and technical team, especially those responsible for quality control, with an indication of the degree of stability in employment over the past three years.

3. Service memory with description of the organisation and procedures intended for the provision of the service and indicating objectivable and measurable parameters of the quality.

4. Nominal identification of the practical, human and material means and, where appropriate, facilities available to the applicant for the provision of the service, which shall be subject to the minima laid down in this specification.

5. The remaining workers must meet the requirements set out in these Particular Prescriptions and by the Merchant Marine General Directorate for the onboard personnel.

Clause 6. Submission of offers or requests.

1. Those interested in obtaining a licence for the provision of the port service of pilotage may submit their tenders, to the Port Authority of Ceuta when the contest is convened for this purpose, which shall be governed by the provisions of the corresponding bases. However, according to the provisions of the transitional provision of TRLPEMM, the practice corporation of Ceuta, according to the content of the second transitional provision of Law 27/1992 of 24 November, of Ports of the State and of the Merchant Navy, shall be entitled to obtain the licence to provide the service as long as they have been in practice under the conditions laid down in paragraph 1 of the said second transitional provision, provided that it complies with the requirements and conditions set out in these Specific Prescriptions of the Practice Service. To obtain the license, you must submit your application to the Port Authority, in accordance with Article 115 of the TRLPEMM.

2. In order to obtain the licence for the provision of the service, they may offer, where appropriate, natural or legal persons, Spanish, other European Union countries or third countries-subject to the conditions of proof of reciprocity, except in the assumptions in which the European Union's commitments to the World Trade Organisation do not require such a requirement-that they have full capacity to act and are not involved in incompatibility.

3. The tenders, or in their case application, shall contain the particulars referred to in Article 70.1 of Law No 30/1992 of 26 November 1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure and the documentation indicated in Annex II.

When a contest is called for the award of the license, the tender documents must be approved which will contain at least the requirements to participate in the contest, the period of the license, the information to to be provided by the bidder and the award criteria. The minimum means and the conditions required shall be those set out in these Specific Prescriptions.

CHAPTER III

Media for service delivery.

Clause 7. Human and material means.

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

The media will be determined below:

1. In relation to the human team:

a) The minimum staff will be as follows:

1) Seven (7) practical with the necessary professional qualification, enabled for the exercise of the practice in the port of Ceuta.

2) The service provider shall in any circumstances be obliged to maintain the continuity and regularity of the provision of the service during the twenty-four hours a day, every day of the year, in the terms described in these particular requirements.

3) Guard shifts will be organized according to the following criteria:

(1) Two on-call practitioners will maintain a presence at the port 24 hours a day.

(2) The shifts of ship crews will be adapted to the needs of the on-call practice. The presence of one or two crews in the port will be determined based on the level of activity of the port.

(3) Response times shall be those set out in clause 11.5) of this specification.

(b) The lending undertaking shall have the number of workers required to maintain such working shifts in template, adjusting that number where necessary to comply with, as regards working time and breaks, the current labor regulations, their collective agreement and the additional thirty-second provision of the Recast Text of the Law of State Ports and the Merchant Navy.

(c) In the case of the case in point, the number established by the Port Authority pursuant to Article 126.4.b) of the TRLPEMM is appropriate to meet the above obligations. However, when the company provides that, due to the evolution of the demand for services, it is necessary to modify the number of practicalities, it must ask the Port Authority to study the need to start the corresponding procedures for the modification of the approved number of practicalities and the process of enabling and appointing them, where appropriate.

(d) In any case, the crew of the vessels shall be that established in the "minimum safety certificate" issued by the Maritime Administration in each of them.

e) The staff will be linked to the company company through the different contractual modalities in force, without any working relationship with the Port Authority. In the event of termination of the service, the Port Authority shall not take care of the staff, nor shall it assume any obligation to work on it.

(f) In addition, pursuant to Article 109.5 of TRLPEMM, the provider may hire suitably qualified staff and for the time necessary to address temporary increases in activity, if the Template staff were insufficient. With regard to the need, be it the cause that is, of hiring new practicalities, will be to what has the own TRLPEMM, the RD 393/1996, of March 1, for which the General Regulation of Practice and the Order FOM is approved 2417/2007, dated July 25, which regulates the recognition of professional training for the provision of port practice services. In the event that the modification of the activity has a stable character, the Harbour Authority will be able to adapt the minimum means required by the modification of the Specific Prescriptions, leaving the holder of the license obliged to vary the staff template in the appropriate proportion to accommodate such modification.

g) The service provider of the service will appoint a representative for all relations with the Port Authority. In addition, the following shall be taken into account:

1) The responsibility of the exploitation will require a merchant marine captain, enabled as a practice by the General Directorate of the Merchant Navy.

2) The rest of the staff will have a training and experience in accordance with their duties, and must be in possession of the qualifications and certifications that the regulations in force impose.

h) In relation to the safety and health of workers, the service provider of the service will comply with the provisions of the Law on the Prevention of Occupational Risks (Law 31/1995 of 8 November) and in the regulations complementary, the Risk Prevention Plan must be approved before the start of the service delivery. It shall subsequently communicate the variations, alterations, extensions or amendments to that Plan. Furthermore, the lending undertaking must comply with the national or provincial agreements in the sector and undertake, expressly, to adopt the procedures and measures laid down and to comply with the covenants and rules which, in this field, are implemented within the framework of the of the port area.

i) The personnel must be aware of the means available to the company, its location and the use of the means for the rescue, fire-extinguishing, pollution control and prevention and control of the emergencies and will be trained in their use.

(j) The service provider shall comply with the applicable labour law at any given time and, in particular, as provided for in the TRLPEMM's 32nd Additional Disposition, and shall also maintain the continuing training of its personnel, in accordance with the training provisions to be established and with plans which, where appropriate, determine the Port Authority in this field or in general.

1) Staff will be unequivocally identified by their clothing, as proposed by the company.

2) The crew of the vessels will be the necessary one and will be specially trained to carry out safely the maneuver of approach to a ship in motion and will be able to keep to the side of the ship as the (i) practical application of the procedure. It will also be subject to the provisions of the existing regulations on the use of safety equipment by the crew of all vessels.

2. In relation to the material means:

(a) During the entire period of the licence, the service provider shall have the appropriate means to provide the service, and must meet the conditions of maritime safety laid down by the rules in force and at least the following determined in your day by the General Directorate of the Merchant Navy listed below:

Communication and radio:

1) At the practice station:

(1) A phone line.

(2) A fax line. (Both separate lines and will have the necessary equipment required).

(3) Two marine VHF radio installations. They will have two channels (channel 12 plus one reserve).

(4) An Emergency Power Supply System for communications equipment (VHF transceivers) capable of maintaining the equipment for a minimum of twelve (12) hours without uninterrupted and maximum consumption. such a system may be a battery pack.

(5) An AIS console.

2) On the individual equipment of each practice:

(1) A portable VHF equipment approved for the maritime mobile service band. In addition, a reserve unit must be available for every five practicalities.

(2) At the practical station, at least two chargers must be available, each with sufficient capacity to maintain the batteries of the VHF equipment used in the different pilotage shifts. In addition, each practice must have a battery of reserve normally at full load.

(3) The on-call practice must have a mobile phone for immediate location in the face of any emergency that arises in the service, or any other valid means for such location.

3) On board vessels:

(1) The one established for the port service vessels of Class S in Royal Decree 1185/2006 of 16 October 2006 approving the Regulation on the control of maritime radio communications on board vessels Spanish civilians, as amended by Royal Decree 1435/2010 or regulations which are in force and, in any case, with the characteristics set out below for the minimum safety equipment of the vessels.

Navigation:

1) The necessary service vessels, at least two must comply with the "minimum technical conditions with which, for safety reasons, the pilotage service must be provided", approved by the Directorate General of the Merchant Navy, in accordance with the provisions of Article 20 of the General Practice Regulation (RD 393/96 of 1 March). In addition to the indicated characteristics, the craft shall meet the following requirements:

(1) Minimum length of 9 meters and power equal to or greater than 275 hp.

(2) Cinco reinforced with cinton in its entire length in order to be able to cover ships without damage.

(3) Flat and non-slip cover, free of obstructions that make it difficult to move from the bridge to the point of boarding and railing that provides the practice with the practice.

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

(5) Dotting a system for cleaning or unpacking the crystals. Such a system may consist of a clear view, wiper wipers, electrical resistors, hot air circulation systems or similar mechanisms.

(6) Appropriate Defenses.

(7) The vessels, regardless of their size, will comply with the provisions of the International Regulations to Prevent Collisions in the Sea with regard to acoustic lights and signals.

2) Minimum security equipment for each vessel. In addition to the safety equipment required in the certificates issued by the Maritime Captaincy, these vessels must be equipped with:

(1) Search Focus to illuminate 100 meters away, and with sufficient amplitude to illuminate the scale of Practice.

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

(3) Navigation radar.

(4) Class A Transponder AIS

(b) The vessels assigned to the service must be properly dispatched by the Maritime Captaincy and be in possession of all the necessary certificates in accordance with current legislation, which may be requested by the Port Authority at all times. They must also have the necessary insurance in accordance with the Spanish rules of navigation and with the agreements signed by Spain, with the corresponding sheets of seat of the boats being accredited.

c) In the event that the material means attached to the port service are not the property of the holder of the license, it must present in addition to the requirements mentioned above the lease agreements for a period equal to or greater than that of the requested license.

(d) The vessels destined for the service will necessarily have their base in the port and their berth must be approved by the Port Authority as well as any changes in this respect. Such means may not leave the area of pilotage of the port, nor provide services other than those established in these Specific Prescriptions, except prior authorization of the Port Authority and prior report of the Maritime Capitania in What is affecting maritime safety. Any change in the assignment of vessels to the service must be approved in advance by the Port Authority.

The holder shall maintain in good use and perfect state of conservation the material means proposed and approved by the Port Authority for the provision of the service.

Ship maintenance operations will be performed on service inactivity periods.

(e) The vessels attached to the service may not exceed the age of 15 years during the period of validity of the licence, and must be replaced when the age is reached, unless the checks have been carried out. necessary, with the express approval of the Port Authority, or have been made substantial modernizations in the same ones that guarantee that they can provide the service in the conditions demanded of safety, efficiency and quality. In any case it will be necessary to express the express approval of the Harbour Authority in order to extend the useful life for the term that it considers convenient according to the above.

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

g) If during the period of validity of the license a variation of the traffic or a substantial change in the form of benefit is produced, the Harbour Authority will be able to propose to the company pradestora that it adapts its fleet and other means to the new circumstances to ensure that all services are properly addressed.

As a guarantee of the adequacy of the human and material resources and their operability, the operator must attach a plan of organization of the services in which the procedures involved are detailed, the allocation of resources human, work shifts and emergency response plan.

In the case of service integration, the provisions of Article 134 of TRLPEMM shall be provided. In this case, the holders of the integration licences of this service must have sufficient human and material resources to allow the development of the usual unit operations in the terminal or marine station, the more simple as the most complex, in the same conditions of safety and quality that are demanded for the rest of the providers.

Clause 8. Significant investment.

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

CHAPTER IV

Terms of service delivery

Clause 9. Term of validity of the license.

In accordance with the provisions of Article 114 of TRLPEMM, the term of validity of the licence for the provision of the pilotage service shall be ten (10) years. Licences for the provision of the pilotage service may not be renewed in accordance with Article 114.2 of TRLPEMM.

The license holder may waive the license provided that it is communicated to the Port Authority with twelve (12) months in advance.

Clause 10. Start of the benefit.

The service will begin to be provided within a maximum of one month from the date of granting the license. Prior to the commencement of the service delivery, the Port Authority will proceed to inspect the material resources committed by the provider and to verify the human means, to verify that they meet the required requirements.

Clause 11. Conditions of benefit.

1. The pilotage service shall be provided on a regular and continuous basis and shall be operational at 24 (24) hours during all the days of the year, with the exception of force majeure, or due to be duly justified in the opinion of the Authority. Port, and under the conditions laid down in this Statement. It shall be provided at the request of the users, provided that they have previously been authorised by the Port Authority for the docking, undocking or anchorage and on non-discriminatory conditions.

2. By way of derogation from the above paragraph, the use of the pilotage service shall be compulsory where the maritime administration so determines in accordance with the rules applicable. The determination by the General Direction of the Merchant Navy of the necessity of the existence of the service of pilotage implies the obligation of its use for the entry and exit of the port of Ceuta of all the ships, with an equal tonnage or more than 500 GT, as well as for the nautical manoeuvres which these vessels require to carry out within the port, with the exception of the spied which do not require the undocking of the vessel or the use of tugs and of the vessels obtaining the exemption the use of the pilotage service, granted by the Maritime Administration under the legislation In addition and in accordance with Article 126.2 of TRLPEMM they shall be exempt from the service of pilotage with a general character, unless expressly indicated by the Maritime Captaincy for reasons of safety in the navigation, the ships and vessels to the Service of the Harbour Authority; those destined to the realization of works in the harbour public domain; those destined to the victualling and the supply of ships; those destined to the provision of harbour services, based on the port and those who are at the service of other Public Administrations, which have their base in the port, so such vessels of any other type, the crew of which includes a master who has exercised, inter alia, as a practice in the port of Ceuta, or has passed the theoretical and practical clearance tests on this port.

3. The Harbour Authority shall determine the order of precedence of the manoeuvres when the circumstances so require, taking into account the priorities that the Maritime Authority has for the safety effects and the technical considerations of the Practical.

4. The pilotage service shall have a communications procedure, in accordance with the authority of the Port Authority, which ensures the normal operation of the service during the 24 hours of the day and its coordination with the Service of management, coordination and control of maritime port traffic in the waters of the port of Ceuta and, where appropriate, the relationship with the Port Operating Service, as the centre responsible for the coordination of the operations as a whole. Communication with the service will be carried out through Channel 12 (VHF marine according to Appendix 18 of the ITU Radio Regulations) or through the Service Coordination Center (fax, telephone, e-mail). At the time of the start and end of the practice service, the practice must be communicated by radio to the CCS/CCEP, as well as the place of embarkation/disembarkation.

5. The provision of the service shall be carried out with due diligence avoiding delays in the commencement of the service. Where the service has been requested in accordance with the procedures and time of notice of ETA and ETD as set out in paragraph 7 of this clause, no delay shall be admissible in the commencement of the provision of the service in respect of the time confirmed arrival at the boarding position of the practical or the exit maneuver. For the rest of the cases the prestate company must respond to any request for service with the maximum response time of thirty (30) minutes. For these purposes it is considered a response time to the elapsed time since the service request is made until the provider has all the necessary means, human and material, in the required place and are in conditions of start the service by excluding the delays due to due cause of force majeure or duly justified unforeseen events of the Harbour Authority.

6. The provider may only suspend the service exceptionally for fortuitous reasons or force majeure, after authorization of the Port Authority, in which case the service provider shall be obliged, without any right to compensation, to adopt the measures required of a diligent employer to deal with the adverse circumstances and to ensure the immediate resumption of the service. The above is without prejudice to the instructions that the Port Authority and/or the Maritime Capitania could impart for reasons of port security and emergency control.

7. The operations and manoeuvres of vessels in the port of Ceuta, subject to the obligation of use of the port service of pilotage and in which by concurrency of special circumstances of safety are obliged by the Maritime Captaincy to its Exceptional use will be performed according to the following guidelines:

a) Traffic in incoming vessels. The service of management, coordination and control of the marine harbour traffic in waters of the port of Ceuta located in the Center for the Coordination of Services (CCS) of the Harbour Authority, after coming into communication with the ship will report of the hour estimated arrival at the port (or by the acronym, of the English "Estimated Time of Arrival", ETA) to the Port Emergency Control Center (CCEP), when it is operating, and to the corresponding providers of technical-nautical services (Practice, Trailer and Amarre). Likewise, two (2) hours before the ship's arrival at the practical boarding position, it will communicate to the CCEP and the pilotage service confirming its ETA and will remain in communication through the channel 12 VHF. The pilotage service shall provide the instructions it deems necessary for the provision of its service and shall also transfer to the tugboats and the mooring the instructions necessary for the start and performance of the operation. of the vessel.

b) Traffic in outbound vessels. In the case of exit traffic, vessels must notify the SCC of their forecast of departure by VHF at a time of one (1) hour. In the same way as at the entrance, the CCS will put on notice the technical-nautical services (pilotage, towing and demure). Subsequently, the ship will request the pilotage service confirming the hour of the maneuver with a mean (1/ 2) hour in advance and remaining in contact through the VHF channel 12. It is also for the pilotage service to provide the instructions it deems necessary for the provision of its service as well as the instructions necessary for the commencement and performance of the ship's departure manoeuvre.

Clause 12. Quality of service.

1. The provider must have a maximum period of one (1) year from the grant of the licence, an ISO 9001 quality certification which includes the operation of the pilotage service and must be maintained throughout the period of validity. of the license.

2. The service provider will have the obligation to collaborate with the Port Authority in the study of improvements in the delivery of the service and in the planning of future actions. In addition, it may, on its own initiative, propose changes which may in no case imply deterioration or loss of quality in the provision of the service.

3. The indicators set to assess the quality level of service delivery are as follows; all of them will be computed in annual periods:

Congestion indicator:

-Services not initiated at the time for which they were confirmed or in response time by being all on-call practice or busy vessels providing other services: less than 2 per 100.

-Average of delay times (with respect to the confirmed start or response time) at the start of the services as all the on-call practice or busy craft providing other services: less than 30 minutes.

Punctuality indicator:

-Services initiated without delay in respect of the requested or required time according to the response time: greater than 98 per 100. For the purposes of the measurement of the provider's compliance with the indicator, those services initiated with delay for reasons not attributable to the provider shall not be computed.

-Average delay times (with respect to the confirmed start or response time) at the start of services less than 30 minutes.

Security and Normal Indicators:

(Services without accident) more than 99,9 per 100; for the purposes of measurement of the performance of the indicator by the provider, those events whose causes are not attributable to the provider shall not be computed.

-Normalality (services without incident) greater than 98 by 10; for the purposes of measuring the performance of the indicator by the provider, those events whose causes are not attributable to the provider shall not be computed.

-Satisfaction (services without complaints/complaints, showing the responsibility of the provider, in the opinion of the Director of the Port Authority) greater than 95 per 100; for the purposes of the measurement of the compliance of the indicator on the part of the provider, those events whose causes are not attributable to the provider shall not be computed.

The Port Authority shall assess, in accordance with such indicators, the performance, timeliness, security, normality and satisfaction of the service provided and may promote a change in the conditions of the service necessary (in particular the minimum means required), and even to declare the inadequacy of the private initiative, proceeding in accordance with the provisions of Article 109.3 of the LP.

If there is a delay in service delivery during service delivery, accidents or incidents occur, or complaints or complaints are received, the causes that have caused the service shall be recorded. deviations, for knowledge of the Port Authority.

Repeated non-compliance with the established indicators may result in the termination of the licence, without prejudice to any effects arising from such breaches.

4. The service provider must incorporate during the period of the licence the basic technological innovations which, in the opinion of the Harbour Authority, can contribute to an improvement in the quality of the service delivery. Likewise, the provider will acquire the commitment to participate in any initiative that the Port Authority promotes for the improvement of the quality of the services provided that it is not caused by costs. In any event, the service provider shall observe the good practices of the craft for the development of the intended activities, providing the necessary material and human resources.

Clause 13. Environmental and safety conditions.

1. The service provider must take appropriate measures not to produce episodes of contamination of the harbour waters, avoiding any spill in the dock, and must be integrated in the Plan of Contingencies or of the fight against the marine pollution. It shall also take appropriate measures not to exceed the limits of emission of pollutants into the atmosphere and noise established by the existing environmental legislation, preventing or producing episodes of contamination. atmospheric or acoustic and shall take the necessary technical measures to reduce the emission of particulate pollutants from engines.

2. The provision of the service shall be carried out, in any case, with strict compliance with the environmental standards laid down in clause 14 of these Specific Prescriptions, in the Regulation of Exploitation and Police, in the Port and environmental management systems that, where appropriate, adopt the Port Authority, in accordance with its environmental sustainability objectives and indicators.

3. The company will have to be integrated in the plans of action in emergency situations that the Harbour Authority approves, with all the human and material means attached to the service, to the effect of making them available to the Director of the Plan that corresponds in case of emergency and according to his orders and priorities. In order to facilitate the elaboration of such plans to the Port Authority, the company will communicate the inventory of means, its location, its permanence, schedules, contacts and any other information that the Port Authority determine.

In accordance with the provisions of point 4 of the Technical Documentation related to Annex II to this specification, in compliance with the provisions of Article 20 of Law 31/1995 on the Prevention of Occupational Risks, Before the start of the activity the business company will have to present to the Harbour Authority its corresponding Plan of Self-Protection, as established in the Royal Decree 393/2007, of March 23, for which the basic norm of self-protection of centres, establishments and agencies engaged in activities which may give rise to origin to emergency situations.

Clause 14. Operational and control procedures.

1. General information.

The service provider shall provide the Port Authority with the following information within the time limits specified in each case.

-Annually, it will facilitate the detail of the human and material means, and facilities for the provision of the service (inventory).

-It will notify any alteration in the human or material means, or in the facilities, as soon as it is produced or the provider knows it. In any case these alterations must have the express conformity of the Harbour Authority.

-Annually, it will provide the details of its shareholder composition or members of the company, and any changes in its shareholders 'or shareholders' composition, as soon as it is produced, for the purpose of verifying the compliance with the requirements of Article 121 of RDL 2/2011.

-Annually, the accounts of the company with strict accounting separation between the service and other activities that the provider may develop, in accordance with the provisions of Article 122 of the Recast Text of the Law of Ports of the State and the Merchant Navy, approved by Royal Decree-Law 2/2011 of 5 September.

-When this specification is to be amended, the cost structure, reflecting the main cost elements, taking into account economic criteria, necessary to be able to reasonably determine the actual cost of the service; The following items shall be detailed and justified:

• If material means are not your own, rent amounts or chartering policies.

• If the means are own the amount of investment and annual amortization.

• Staff expenses.

• The corresponding amounts to fuel supply.

• The amounts dedicated to preventive and corrective maintenance.

• Insurance amounts.

-Average of material and human equipment used in the activity, in annual computation for the material means.

-Annually measurements of the quality indicators set out in these particular prescriptions.

-Annually, the description of the mechanisms of coordination of business activities in the field of occupational risk prevention.

-The certificate of management system disposition based on ISO 14.001:2004 or EMAS accreditations on the date it is renewed.

-Annually certification of the warranty indicated in prescription 27.

-Annually, certification of insurance and guarantee for the coverage of risks indicated in prescription 27.

-Annually the justification for being discharged as a Waste Producer.

-Annually, the ship-generated waste delivery plan, validated by a ship-generated waste receiving port service company.

-Annually, the number of Incidents or Accidents that occurred in the service delivery.

-Annually, the number of Events or Environmental Incidents occurred.

2. Detailed information on the services provided.

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

a) Number of scale assigned by the Port Authority.

b) Type of service (Input, output, internal movement, voluntary).

c) Service request date and time.

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

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

f) The date and time and place of completion of the service.

g) Name, flag, and size (GT) of the ship.

h) Name of the practice that has intervened.

i) Incidents occurring during service delivery.

j) Inbilled quantities.

The information contained in the register must be provided to the Port Authority on a monthly basis, in digital format before the 15th of the following month.

The computerised record may be consulted by the competent authorities, and the supporting documentation of the information contained in the information shall be available for such consultations for a minimum period of five years.

The claims submitted to the provider must be immediately transferred to the Port Authority, where they will be processed in accordance with the rules and procedures applicable to their nature.

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

4. The service provider must provide the Port Authority with detailed information on its tariffs, which must be public, so that it can verify that they are not higher than the maximum rates, as well as to verify the the transparency of tariffs and the concepts that are invoiced in order to be able to analyse the conditions of competitiveness in relation to the prices and quality of services.

5. All the information provided by the provider will be sent to Ports of the State to serve as a basis for the elaboration of the annual competitiveness report based on the analysis and the conclusions of the Permanent Observatory of the Market of the Port services as provided for in Article 123 of TRLPEMM.

Clause 15. Modifications to the benefit.

1. No modifications or innovations may be made to the performance of the pilotage operation which would not have been approved by the Port Authority with due justification and after verification of its operation.

2. In accordance with the terms set out in this Statement of Specific Prescriptions and in the applicable regulations, the Port Authority may introduce any variations it deems appropriate for the best practice of the practice.

3. Where the variation in traffic or changes in the provision of the service is substantial, the Port Authority may adapt the minimum means required by the modification of these particular requirements, with the holders of a license required to vary the means attached to the service, as set out in the TRLPEMM and Clause 28.

Clause 16. Responsible.

The service will be performed by the license holder under its exclusive risk and venture. The license granted shall include the following clause: It shall be the obligation of the provider to indemnify all damages caused to third parties as a result of the provision of the service subject to the license. When such damages have been caused as an immediate and direct consequence of an order of the Administration, it shall be responsible within the limits laid down in the Laws.

According to article 113.8 of TRLPEMM, the license granted will include the following clause:

" The Port Authority shall in no case respond to any obligations of any nature that correspond to the service provider in relation to its employees, especially those relating to employment relations, wages, risk prevention or social security. "

The license holder shall be responsible for the consumption of fuel, water and electricity, as well as any other service that may be used in the port and all other expenses incurred by the service and which are necessary for the operation of the service. In addition, all taxes, arbitrations or fees resulting from the provision of the service shall be on behalf of the licence holder, in accordance with the legislation in force at any time.

CHAPTER V

Economic Regime

Clause 17. Port charges.

1. The holder of the licence for the provision of pilotage services, is obliged to the satisfaction of the corresponding activity rate in favor of the Harbour Authority in accordance with the provisions of the articles 183 and TRLPEMM.

2. The tax base for this fee shall be the number of gross tonnage (GT) units of the vessels served and the full quota shall be calculated by applying to the tax base the rate of charge set at EUR 0,31 per 100 GT. This value shall be updated in accordance with Article 190 of the TRLPEMM.

3. In accordance with the criteria laid down in Article 188 of TRLPEMM, the full annual fee for the fee shall be as follows:

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

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

4. At the end of each financial year, the licence holder shall provide the net annual amount of the business figure and the actual amount of the taxable amount (total GT of the vessels to which the service has been provided), corresponding to the provision of the service the purpose of the licence, which shall serve as the basis for the adjustment of the annual full quota, in the event that the fee has been required in advance and the amount of the tax base has been established by estimate. This volume of business must be properly accredited by the presentation of the annual accounts.

5. At the request of the provider and upon accreditation of the fulfilment of the required conditions, the possible bonuses provided for in Article 245 of TRLPEMM shall apply.

6. The rate of the vessel shall be settled in accordance with Articles 194 to 204 of the TRLPEMM, with the application of the allowances to be applied in accordance with Article 245 of that text.

7. The rate of aid for navigation shall be settled in accordance with Articles 237 to 244 of the TRLPEMM.

8. In the event of a grant or authorisation granted to the service provider, the service provider shall pay the corresponding public domain occupation fee.

9. The payment of these fees shall be made in accordance with the following periods and procedures:

(a) The holder of the licence shall be obliged to submit the monthly relationship of services provided and charges invoiced within 15 days of the expiry of the corresponding month.

b) The Port Authority of Ceuta will conduct monthly settlements on an expired basis.

(c) The business figure shall be credited by the presentation of the accounts of the company duly audited in accordance with Article 122 of the TRLPEMM.

Clause 18. Tariff structure and maximum rates.

1. The rates will be based on the system of measurement of the ship used in the International Conventions of Arqueo, currently "GT", with the legally established corrections. Vessel tonnage shall be measured in accordance with the London Convention of 1969.

2. The fees applicable to the pilotage service shall be differentiated by the following operations:

(a) Entry practice: The pilotage service, provided to vessels from the sea, initiated within the limits of the zones set out in clause 4, and completed in the assigned dock, bay or trouser area, once they are docked and duly moored or anchored, including the relives, the launch of anchors and any other manoeuvres required to complete this type of practice.

(b) Exit practice: The pilotage service, provided to the vessels from their place of docking or anchorage to the point where the vessel is left in the franking, including the revils, the collection of anchors and any other manoeuvres to specify to complete this type of practice.

(c) Internal movement: The pilotage services for the nautical manoeuvres to move a ship from one place to another within the limits of compulsory pilotage. This service includes the undocking, inland navigation and the new docking, including the revilings, launches and anchors of anchors and any other manoeuvres required to complete this type of practice. Internal movement shall also be considered when the vessel has once been docked if to correct its initial position of docking by manoeuvres on (spied) mugs, which involve a distance from the transfer of more than one length, or if it is carried out The machine and/or tugs must be used for all the mugs and/or tugs.

3. If, due to the weather conditions, the landing of the practice is not possible and is obliged to continue on board to another port, the ship must bear the following costs:

a) Accommodation and maintenance in similar conditions to the ship's officers.

b) Stay and transport of the Practical from the place of landing to Ceuta.

c) Compensation of a thousand euros (1,000 euros) per day or fraction.

4. The fees shall include the provision of services in night time, weekends or public holidays by not being allowed to be charged by them or by any other concept, except for the case of a ship without a machine or a breakdown, and must conform to the structure of the table set out in this Article with the following limitation:

Maximum Rates:

The applicable maximum rates for the pilotage service, in accordance with clause 2, shall be as set out below.

Concept	Amount by service - Euros
to 2,000 GT	200.00
2.001 to 4,500 GT	230.00
From 4,501 to 7,000 GT	250.00
7001 to 10,000 GT	260.00
10,000 GT	285 + [(GT/1000) -10] * 5.00

In the case of regular liner passenger ships not exempted from pilotage, a 50% reduction on the corresponding fee shall apply.

In the case of a ship without a machine or a fault, a surcharge of 100% shall be applied on the rate corresponding to the tonnage.

In the event that a contest is called for the award of a license, the rates to be applied will be those offered by the successful tenderer, which will always be less than or equal to the maxims established in these prescriptions. particular. When exceptionally the service is provided by the Port Authority in accordance with the provisions of Article 109.3 of TRLPEMM, Ports of the State shall approve the fees to be charged for their benefit.

Clause 19. Maximum rate revision and update criteria.

1. The Port Authority will update annually in January the maximum rates according to the following formula:

Kupdate fares = Ktraffic × Kcost

Being,

Ktraffic = 1-CT × VarT/T

Where:

CT = Traffic Commitment Coefficient, by one, and equal to 0.5 VarT/T = Annual Variation of the Services, as long as one and with its sign.

And being:

Kcost = 1 + Cc × lncrm.o × pesomo

Where:

cc = Cost commitment coefficient, as long as one, and that is 0.9.

lncrm.o = labour force revision coefficient (expressed as an increase and by one of the labor factor with respect to the total cost) and calculated by taking the variation of the labour cost provided by the INE in its paragraph " 50. Shipping and inland waterways " by calculating the average of the last 4 quarters from the average of the quarters 5 to 8 above.

pesomo = ratio of labor factor weight to total cost = 0.85.

2. In the event that the previous procedure produces increases or decreases, in excess of 10%, the Harbour Authority reserves the power to update the value of the maximum rates by the realization of a new economic study (a) financial, in which changes in the cost of the service are taken into account, as well as the changes in the volume of the services provided and the amount of the turnover of the services. This update of the maximum rates shall be considered as a modification of the conditions set out in these Specific Prescriptions, in accordance with the terms set out in the following paragraph.

3. The revision of the tariff structure or of the maximum rates above the values resulting from the previous paragraph may be authorized only, exceptionally, when circumstances are overcome, unforeseeable at the moment (a) to submit the application, which can reasonably be assumed that, if the service provider was known to have been granted the licence, he would have chosen to substantially change his or her proposal or to withdraw it. As this is an amendment to the conditions laid down in these particular requirements, this will be done with the same formalities as those followed for approval.

Clause 20. Rates for intervention in emergencies, fire extinguishing, rescue or pollution control.

Direct interventions in response to requests from the competent authority in emergencies, rescue operations, fire extinguishing or pollution control resulting in identifiable specific costs. place on the accrual of the specific tariffs set out in the following paragraph.

A service fee of 600 euros per hour will be considered. These services will be billed per hour or fraction. The beginning of the service shall be understood from the moment the company providing the service receives the initial order of the Emergency Center or the company causing the disaster and ends when the order of completion is given for the same one ordered by the company. start of the service.

The costs incurred in cleaning the hull of the vessels after their intervention in areas with discharges must be paid in addition to the rate indicated.

The means attached to the service of pilotage, both personal and material, must always be ready. Where such means are required by the Maritime Administration, the Port Authority shall be immediately informed.

CHAPTER VI

Rights and obligations

Clause 21. Rights of the holder of the license.

1. The licence holder shall be entitled to:

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

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

c) To receive the economic consideration corresponding to the cooperation in the provision of security services, rescue, fight against pollution, emergencies and fire extinguishing in accordance with the set out in these Specific Prescriptions.

(d) to receive, where appropriate, the financial compensation for the public service obligations.

e) Temporarily suspend the provision of the service to the user when at least one month has elapsed since the payment of the fees had been required for payment, without the payment of the fees being made or having been guaranteed sufficiently. For these purposes, the requirement shall be made by any means which permits the user to have a record of the reception, as well as the date, identity and content of the request. Once the payment of the due by the suspended user of the service has been made, the requested service will be provided. The suspension of the service for non-payment may only be exercised after authorization from the Director of the Port Authority and provided that no security reasons prevent it. The suspension capability must be advertised so that users have been able to access this information.

Clause 22. General obligations related to the service.

1. The service provider shall have the duty to provide the pilotage service as provided for under the conditions laid down in this Statement of Specific Prescriptions, in the General Practice Regulation as appropriate and in the a license granted by the Port Authority, in accordance with the principles of objectivity and non-discrimination.

2. The following obligations shall be required for the service provider:

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

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

c) Fulfilling the Operating and Police Regulations, the Port Ordinance and other implementing regulations, as well as the resolution that, if any, will be approved by the Directorate General of the Merchant Navy for which the minimum technical conditions for the provision of the service at each port in accordance with Article 20 of the General Practice Regulation.

d) Inform the maritime captain of any incident that is observed during the provision of the service and that has or may have an effect on maritime safety.

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

f) To supply to the Harbour Authority all the information that is necessary to control the correct delivery of the service and, in particular, the relative to the quality of the services and the rates, in order to guarantee the transparency and the reasonableness of the same.

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

h) To carry for the port of Ceuta a strict accounting separation between the service of pilotage and other activities that the provider could develop, crediting it to the Harbour Authority in the terms previewed in the Article 122 of TRLPEMM. In accordance with Article 121 of the TRLPEMM, the holder of a licence for the provision of the port of practice shall not be entitled to participate in the capital or in the capital by himself or through any natural or legal person. the management of undertakings authorised for the provision of any other technical service-nautical in the same port, except in the case of service integration.

i) Communicate to the Port Authority any significant change in its shareholding or equity in respect of the existing one at the time of the granting of the license, in accordance with Article 121 of the TRLPEMM.

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

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

l) To be transparent in the information to the users, giving publicity to the conditions of delivery of the service so that they can have access to this information and to guarantee the transparency and reasonableness of the rates to satisfy for the provision of services, as well as the concepts for which it is billed.

Clause 23. Public service obligations.

1. The service provider shall be obliged to meet any reasonable request under non-discriminatory conditions. Notwithstanding the foregoing, the service provider may temporarily suspend the provision to a user for non-payment of the service as set out in these Specific Prescriptions.

2. The service provider shall be obliged to maintain the continuity and regularity of the service in the light of the characteristics of the claim, with the exception of force majeure, under the conditions laid down in these particular requirements, Port Authority to establish mandatory minimum services to ensure continuity in the provision of the service.

3. The service provider shall be obliged to assist in the practical training of candidates who have passed the tests of theoretical knowledge. The service provider shall also cooperate in training related to the prevention and control of emergencies.

4. With regard to cooperation with the Port Authority and the Maritime Administration and, where appropriate, with other service providers in the field of rescue, fire extinguishing and pollution control, as well as in prevention and Emergency control and port security the human and material resources required of the provider shall be as follows:

a) In relation to the human team: the service practitioners with their respective auxiliary staff.

b) In relation to the material means: the vessels with their auxiliary material with permanent availability throughout the year. The contributions made as a result of these obligations shall bear the rates set out in these Specific Prescriptions.

5. According to Article 110 of the TRLPEMM, the provider submits to the public service obligations indicated in these clauses on tariff power. Taking into account the absence of competition, given that in the practice service, for reasons of maritime safety, there is only one holding company, it must be subject at all times to the maximum rates laid down in this Regulation. Specifications The Port Authority will monitor the transparency of the tariffs and the concepts that are billed.

Clause 24. Criteria for the distribution of public service obligations.

1. For cases where service integration licences are granted, public service obligations shall be distributed among the providers of such services with objective, transparent, proportional, equitable and non-transparent criteria. (a) discriminatory conditions, including the market share of each of them.

2. In compliance with Article 135.3 of TRLPEMM, the holders of service integration licences shall not be subject to compliance with the public service obligations of universal coverage and continuity and regularity. The human and material resources to be provided by these providers will be only adequate to meet the volume and characteristics of the traffics that will operate under the same conditions of safety and quality as the rest of the providers and with the continuity and regularity that such traffics require.

3. The means to be provided by these providers for the public service obligation to cooperate in rescue operations, fire extinguishing, pollution control as well as in the prevention and control of emergencies and in the practical training, all required in your licence.

Clause 25. Criteria for the quantification and distribution of compensation for public service obligations.

In the service integration licences, the economic compensation shall be established which, where appropriate, the holders shall pay as a contribution to the public service obligations falling on the holder of the service. Open licence for general use can be addressed, in particular those of maintaining universal coverage, regularity and continuity of services.

In accordance with Article 136 of the TRLPEMM, the value of the compensation shall be a percentage of the fixed costs that would correspond to the provider open to general use with the minimum material and human resources. required in this statement. This percentage shall be equal to the percentage representing the total annual activity of the port service carried out by the holder of the service integration licence, in the geographical area affected by these provisions. Individuals.

The value of the compensation will be set according to the following formula:

Compensation = fixed costs × market share

Where:

Fixed costs: for the purposes of applying this formula, is the amount of EUR 1,247,319, corresponding to the fixed costs considered in the cost study carried out for the establishment of the maximum rates.

Market Share: is the cumulative GT of the services provided by the service integration licence holder divided by the accumulated GT of all the pilotage services provided at the port, expressed as per one.

The annual compensation shall be invoiced by the Port Authority to the holders of service integration licenses, if the service provider is open to general use, on a quarterly basis and shall be paid with the same periodicity to that provider.

Given the character of the collaborator in the practical training of the staff of the service provider, there is no financial compensation for this fact, as no obligation is added to the greater than those established for the service. the normal provision of your service.

Clause 26. Obligations of environmental protection and contribution to sustainability.

1. The lending companies will have to comply with the applicable environmental regulations as well as the specific environmental standards that, if necessary, will be established in the Regulation of Exploitation and Police, in the Portuguese and in the instructions that the Port Authority can dictate, as well as in the environmental management systems that the Port Authority could approve, according to the objectives and indicators of environmental sustainability, and will be responsible for adopting the measures necessary to prevent and mitigate the environmental effects of the the provision of services. The Port ordinances may lay down the minimum operational measures to be taken by those undertakings for this purpose.

2. Within (1) one year from the date of the grant of the licence, the providers shall be registered in the register of the Community system of environmental management and audit EMAS or have an established and certified management system environmental ISO-14001:2004 the scope of which includes all activities related to the provision of service regulated by this licence.

3. In accordance with Article 11 of the Order FOM 1392/2004, the vessels must have a plan for the delivery of waste to the receiving port facilities authorized by the Port Authority, and this plan must be accepted by the facilities concerned. They shall also submit a quarterly report to the Maritime Captaincy on the deliveries of waste during that period, with the endorsement of the said installation. Moreover, in the field of the fight against pollution, the material and human resources provided by the service provider must be integrated into the Contingency Plan of the Port Authority.

4. In application of Law 26/2007, Environmental Liability, the lending company shall carry out a risk assessment and shall be provided with the financial guarantees that are applicable to it in accordance with the law.

CHAPTER VII

Other Provisions

Clause 27. Guarantees and insurance.

1. In order to ensure compliance with the obligations arising out of the specifications, the penalties which may be imposed and the damage which may arise, the provider must, before commencing his activity, constitute a guarantee the minimum amount shall be EUR 100 000.

2. The guarantee shall be constituted in cash, or by bank or insurance company, in accordance with the model determined by the Port Authority. The security, which shall be in solidarity, may be granted by person or entity other than the holder of the licence, in any event, it being understood that the guarantee is subject to the same responsibilities as if they were constituted by the same and without use the benefits of exclusion, division, and order.

3. The minimum amount of the previous guarantee shall be updated fortnightly from the approval of these particular prescriptions in order to adapt it to the variations experienced by the cumulative CPI for the national set in the month. of October during that period.

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

5. Failure to comply with the obligations of the provider shall allow the immediate execution or provision of the security lodged. Where it is necessary for this measure to make use of the guarantee, in whole or in part, the provider will be obliged to restate or supplement it within a period of one (1) month from the act of disposal. If the person concerned does not return or complete the guarantee in the relevant period, the Port Authority may terminate the license and take any legal action it deems appropriate.

6. In accordance with Article 113 (8) (b) of the TRLPEMM, it shall be the obligation of the provider to indemnify all damages caused to third parties as a result of the provision of the service covered by the licence. When such damages have been caused as an immediate and direct consequence of an order of the Administration, it shall be responsible within the limits laid down in the Laws. The license shall include a clause expressly stating such an obligation.

7. For the purposes referred to in the preceding paragraph, the undertaking undertaking must take out a liability insurance covering any damage caused during the provision of the port service as well as the risk compensation. professionals.

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

-EUR 21.3 per unit of gross tonnage of the largest vessel to which the service has been provided.

-EUR 1,065,000.

9. The resulting amount shall be indicated in the licence and shall be updated annually in the same proportion as the year-on-year variation experienced by the overall consumer price index for the total national set (CPI) in the month of October and in the maximum tonnage of vessels entered in the port of Ceuta during the previous year.

10. In addition, the lending undertaking must have the financial guarantee which enables it to meet the environmental liability inherent in the activity, as applicable under Law 26/2007, for the amount to be determined in function of the risk assessment and by any of the forms set out in that Law.

11. For this purpose, gross tonnage shall be defined in the international conventions entered into by Spain and in the applicable national regulatory rules.

12. The holder of the license, before the start of activity, must present to the Port Authority of Ceuta, copy of the contracted policies, together with the proof of payment of the corresponding premium receipts, as well as the updates that occur. The above requirement may be replaced, at the choice of the holder or, in any case, at the request of the APV for a certificate issued by the insurance company accreditable that the policy contracted by the authorized company gives compliance to the obligations and terms arising from this clause.

Clause 28. Modification of the license.

1. In accordance with Article 113.2 of TRLPEMM, the Port Authority may amend this Statement of Specific Prescriptions for objective reasons, inter alia, for the development of the characteristics of the demand in the port, the technological evolution, the mismatches observed in the conditions of safety, quality, continuity and regularity in the delivery of the service, the normative changes and new requirements associated to the obligations of service public. The amendment of the Specific Prescriptions shall be carried out with the same formalities as those followed for approval.

2. In accordance with Article 117.2 of TRLPEMM, following the principles of objectivity and proportionality, the Port Authority may amend the content of the licences, after hearing the parties concerned, when they have been modified the particular prescriptions of the service. The operator must adapt to the changes within the time limit laid down in those amendments. After that period has elapsed without the adaptation taking place, the licence shall be without effect.

3. The licence existing at the time of approval of these particular prescriptions must be adapted to the provisions of the same period within the maximum period of six (6) months, after that time limit has not taken place, for reasons of reasons. imputable to the provider, the licence shall be without effect.

Clause 29. Penalties.

1. In order to ensure the correct compliance with this specification and, without prejudice to the claim of damages to and from other rights and actions that correspond to the Port Authority, this may be imposing penalties for non-compliance with specific quality standards in the provision of the service (quality indicators).

For non-compliance with the indicators, according to clause 12:

Normalization

	Euros
Puntuality	3,000
3,000	3,000
3,000
Satisfaction	3,000

For each month of delay in the presentation of the certifications of quality, environment and safety and occupational health required: 1,000 euros.

2. The penalties will entitle the Harbour Authority, after hearing of the prestate company and through the corresponding reasoned resolution, to the seizure of the corresponding quantity of the guarantee, which must be replenishes by the supplier within the period and conditions set out in this specification.

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

4. For non-compliance with the notice period in case of a waiver of the license or abandonment of the service: 100,000 euros.

Clause 30. Causes of license extinction.

1. The following may be causes for extinction in accordance with Article 119 of TRLPEMM:

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

b) revocation of the title by loss or non-compliance with the requirements laid down in Article 109.2 of the TRLPEMM, the conditions laid down in the enabling title or the non-adaptation to the particular requirements of the service which has been amended in accordance with the provisions of Article 117.2 of that text.

(c) By termination of the concession or authorization or termination of the contract referred to in Article 115.4 of the TRLPEMM.

(d) For non-compliance with any of the public service obligations or any of the duties of the holder of the licence, as referred to in the clauses of this Statement of Specific Prescriptions, as well as conditions set out in the enabling title, taking into account the following particularities:

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

-It will be cause of revocation of the title, in addition to the failure of the obligation to supply the information that corresponds to the Harbour Authority, to provide false information or repeatedly to supply it incorrectly or incomplete.

e) Renunciation of the holder with the notice of twelve (12) months, in order to guarantee the regularity of the service.

f) I do not start the activity within the set deadline, as indicated in these Particular Prescriptions.

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

h) Constitution of mortgages or other rights of guarantee on the material means attached to the provision of the service without having previously informed the Port Authority.

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

j) Serious neglect, where appropriate, in the preservation or replacement of the material means necessary for the provision of the service.

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

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

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

n) Billing of improper services or concepts to the users or the Port Authority or distortion of the amounts received in the billing.

2. The opening of the file shall be granted to the holder of the licence for a period of 15 (15) days in order to make the submissions he considers relevant. It is up to the Board of Directors of the Port Authority to agree to the extinction of the licenses except in the case provided for in paragraph (a) of the previous paragraph, in which the extinction will occur automatically.

The termination of the license is without prejudice to any penalties or penalties that may be imposed in accordance with the provisions of this Statement of Specific Prescriptions and the TRLPEMM.

Clause 31. System of incompatibilities.

The holder of a licence for the provision of the port of practice shall not be able to participate, by itself or through any natural or legal person involved, in the capital or in the management of undertakings authorised for the purpose of the provision of any other technical-nautical service in the same port, except in the case of service integration licences.

Clause 32. Transmission of the licenses.

Licences may be transmitted to persons other than those to whom they were originally granted when the transmission is in favour of a natural or legal person who meets the requirements set out in the Article 109.2 of the TRLPEMM, and in the present specification of particular requirements.

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

Clause 33. Data protection.

In compliance with the provisions of the Organic Law 15/1999, of 13 December, of Protection of Personal Data (hereinafter LOPD), the Port Authority with registered office in Muelle de España s/n, informs the interested party the personal data that is collected through the presentation of the documentation required for the granting of a license for the provision of the basic port service subject to these particular requirements will be processed, automated or not, under the responsibility of the Harbour Authority for the purpose of verifying the accreditation by the applicant of the fulfilment of the conditions and requirements contained therein, to request any additional documentation necessary, to attend to his requests for information, to inform him Agreement of the Board of Directors concerning the granting or not of the license, to proceed on its own initiative to its registration in the register of companies providing basic port services, to send any other necessary documentation in this respect, as any other procedure provided for under the implementing rules and the historical maintenance.

Also, the interested party is informed that in accordance with the legislation in force, the Port Authority will have to communicate the information and personal data in the procedure of granting the license to the following Bodies and third parties: Judges and Courts, where appropriate, when legally required to do so, Public Body Ports of the State (OPPE) for inclusion in the General Register of companies providing basic port services and the exercise of the functions assigned to it by the legislation in force, to the Intervention General of the State Administration (IGAE) to carry out the audit functions that it has attributed and in general, to any other third parties to whom, under the current regulations there would be an obligation to communicate the data or that they accessed the information in the referenced register given their public character.

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

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

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

The interested party may exercise its rights of access, rectification, cancellation and position by writing to the Port Authority in the following address: Muelle de España s/n, 51001, Ceuta, or in the replace and communicate in the General Data Protection Registry.

Ceuta, 10 March 2015. -Director, Cesar Lopez Ansorena.

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ANNEX II

Presentation of offers or requests

For the Port Authority to decide on the granting of a license for the provision of the service subject to these Specific Prescriptions, the interested party must make an application or submit an offer, according to the Case, which shall contain the particulars referred to in Article 70.1 of Law No 30/1992 of 26 November 1992, of the Legal System of Public Administrations and of the Common Administrative Procedure and shall be accompanied by the following documentation:

Administrative character:

1. Evidence of the applicant's ability to act.

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

-Legal persons by means of the presentation of the deed or document of incorporation, the statutes or the founding act, in which the social object is recorded, the rules governing their activity, duly registered, where appropriate, in the relevant public register, according to the type of legal person concerned.

-In the case of non-Spanish entrepreneurs who are nationals of Member States of the European Union, the capacity to act shall be credited for their registration in the register in accordance with the law of the State in which they are registered. are established, or through the submission of an affidavit or certificate, in the terms that are laid down in the legislation for the development of public sector contract law. Other foreign businessmen must prove their capacity to act with a report from the Permanent Diplomatic Mission of Spain in the corresponding State or the Consular Office in whose territorial scope the company's domicile is located.

2. Documents proving the representation. Those who appear or sign applications on behalf of others must be able to present a sufficient amount of power to the effect, if any, duly registered in the Trade Register, accompanied by the corresponding certificate of their validity, and the national document of identity or, in the case of foreign nationals, the equivalent document.

3. Designation of a representative, with sufficient powers and domicile in the territorial scope of the Port Authority's competences, for the purpose of establishing a regular communication.

4. Statement of the shareholding or shareholdings at the time of the request or offer. Any changes made during the procedure for the processing of the license must be immediately brought to the attention of the Port Authority, so that the aforementioned actuarial composition or participations in the license grant date.

5. Certification certificates of compliance with the tax and labor obligations of the Tax Administration and Social Security.

6. Statement responsible for the fulfilment of the obligations laid down in Article 121 of the LP on incompatibilities.

7. Statement responsible for having, and maintaining throughout the duration of the license, the permits, authorizations and licenses legally required for the exercise of the activity.

Economic-financial character:

1. Supporting documentation of the applicant's financial and economic solvency, as set out in the corresponding Prescription.

2. Supporting documentation of the lodging of the security required in the corresponding Prescription.

3. Supporting documentation of a liability insurance covering the risks inherent in the provision of the service by the minimum quantity set out in the corresponding Prescription.

Technical character:

1. Memory of the service referred to by the corresponding Prescription, with detailed description of:

-The organization to provide the service, and systems to record requests, activities, incidents, and claims for each service.

-Personal and material means made available.

-The system of quality assurance, safety and environmental protection.

2. Specific accreditation of the human and material resources that will be attached to the service, subject, in any case, to the minimum requirements to the effect required in this Statement. Accreditation shall also be provided for the corresponding approvals and certificates of vehicles and other machinery, in compliance with the current safety regulations.

3. Certification of quality and environmental management systems (for quality ISO 9001.2008, and for the environment ISO 14.001:2004 or EMAS accreditations) or, failing that, commitment to contribute within a maximum of one year from the date of granting of the license, such certification.

4. Safety study and contingency plan for the service, and it will also include the plan of prevention of occupational risks as established in the Lev of Prevention of Occupational Risks, as well as in the Plan of Self-Protection against Intrusion specifying the inventory of means, their location, their permanence, schedules and other requirements: as well as a declaration responsible for their adaptation to the corresponding Port within three (3) months after the granting of the license, this following the directions of the Port Director.

From another character:

1. Information communications relating to the Organic Lev of Data Protection made to each of the natural persons whose data are transferred to the Port Authority and individually signed by each of those affected.

2. Express declaration of understanding and acceptance of the terms of this specification.

3. Commitment to notify the Port Authority of any changes or circumstances that affect or may affect the content of the related documentation in the preceding paragraphs and occur after the application and/or the grant of the license: this in accordance with article 121.3 of the LP.