Resolution Of 9 April 2015, Of The Autoridad Portuaria De Ceuta, Which Publishes Approval Of A List Of Particular Requirements Of The Port Service Of Pilotage In The Port Of Ceuta.

Original Language Title: Resolución de 9 de abril de 2015, de la Autoridad Portuaria de Ceuta, por la que se publica la aprobación del Pliego de Prescripciones Particulares del Servicio Portuario de Practicaje en el Puerto de Ceuta.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-5526

The Board of Directors of the port authority of Ceuta, in session date March 9, 2015, 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 of 'Approve the statement of requirements specific to the provision of the service port of pilotage, in the port of Ceuta' and its publication in the «official Gazette» of the full text of the statement, as well as on the website of the port authority.

Ceuta, 9 of April 2015.-the President of the port authority of Ceuta, José Francisco Torrado López.

LIST OF PARTICULAR REQUIREMENTS OF THE PORT SERVICE OF PILOTAGE IN THE PORT OF CEUTA February 2015 INDEX clause 1. Legal basis.

Clause 2. Definition.

Clause 3. Object.

Clause 4. Geographical scope.

Clause 5. Requirements of access.

Clause 6. Presentation of offers or request.

Clause 7. Half human and materials.

Clause 8. Investment significant.

Clause 9. Term of the license.

Clause 10. Home of the provision.

Clause 11. Conditions of delivery.

Clause 12. Quality of service.

Clause 13. Environmental and safety conditions.

Clause 14. Operating and control procedures.

Clause 15. Changes in the provision.

Clause 16. Responsible.

Clause 17. Port charges.

Clause 18. Tariff structure and maximum rates.

Clause 19. Criteria for the updating and revision of maximum rates.

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

Clause 21. Rights of the holder of the licence.

Clause 22. General obligations related to the service.

Clause 23. Public service obligations.

Clause 24. Criteria of distribution of public service obligations.

Clause 25. Criteria of 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 extinction of the license.

Clause 31. Regime of incompatibilities.

Clause 32. Transfer of licenses.

Clause 33. Data protection.

Annex i. pilotage area and points of boarding planes.

Annex II. Presentation of offers or requests.

CHAPTER I object and basis of the contract clause 1. Foundation legal.

Of conformity with it willing in the article 113 of the text consolidated of the law of ports of the State and of the Marina merchant approved by the Real Decree legislative 2 / 2011, of 5 of September (in forward TRLPEMM), corresponds to the authority port of Ceuta the approval of them present prescriptions particular for the provision of the service of pilotage in the port of Ceuta.

Clause 2. Definition.

Is understands by pilotage the service of advice to captains of ships and artifacts floating that is paid aboard of these to facilitate its input and output to port and them maneuvers nautical within this and of them limits geographical of the area of pilotage in conditions of security and in them terms that is established in the article 126 of the TRLPEMM , in the regulation that regulates this service (regulation General of pilotage port, approved by Royal Decree 393 / 1996, of 1 of March) and in the present specification of requirements particular. During the service corresponds to the master of the vessel command and the direction of the manoeuvre.

Clause 3. Object.

The purpose of these particular requirements is the regulation of the provision of the service port pilotage referred to in articles 108 and 126 of the TRLPEMM in the port of Ceuta.

Clause 4. Geographical scope.

The geographical area for the provision of this service is determined by the service area of the port of Ceuta and the geographical limits of the area of pilotage established.

The area of pilotage which is established for the only area of pilotage of the port of Ceuta comprises the maritime area between the coast and an arc of circumference making centre in the union of the second with the third alignment of Pier West and a 1.5-mile radius, Punta Bermeja joins the coast of the northern slope of monte Hacho. In this area, and in normal weather conditions, the pilot embark on the area determined by a circle of 0.25 mile radius and Centre in the delay of 360° of the green light of the dique de Poniente and 0.75 miles of it. When the situation weather prevents the boarding, the practical will lead to the ship from the boat to get the shelter necessary in the area more suitable for this.

It includes flat of the area of pilotage in the annex I.

CHAPTER II procedure of granting and regime of access to the provision of the service clause 5. Requirements of access.

The provision of the service of pilotage will require the obtaining of the corresponding license that is grant by the authority port with clamping to it willing in the TRLPEMM and in this specification of requirements particular. The license for the provision of the service will be always in character specific.

In accordance with it established in the article 126.3 of the TRLPEMM, the number of providers will be limited to a single provider.

To the be limited the number of providers, the license will be awarded by competition, in accordance with article 111 of the TRLPEMM, and pursuant to the procedure laid down in article 115 of the same, by the deadline in these special requirements, prior accreditation by the holder of the fulfilment of the requirements laid down in the law and in these particular requirements.

Without prejudice to the foregoing, and pursuant to the transitional provision first of the TRLPEMM, in relation to the transitional provision of the Act 27/1992, of November 24, second State ports and merchant marine, the practical Corporation of the port of Ceuta, S.L.P. or entity that replaces it, is entitled to obtain the license for the service while there are practical in the conditions laid down in paragraph 1 of the aforementioned transitional provision Second, provided that they comply with the requirements and conditions established in the present statement of specific provisions of the pilotage service.

Not the services, without prejudice to obtain pilotage exemptions may be authorized in the pilotage service. The integration of services, may not be authorized except in the cases of ports, particular berths or terminals at concession located outside the geographical boundaries of the port pilotage service, as well as in other exceptional situations of similar characteristics to the previous ones. When licenses authorizing the integration grant, owners must comply the same conditions laid down for the service provider open to general use, with the exception of the clauses concerning universal coverage, pricing structure and maximum rates, levels of performance and public service obligations relating to continuity and regularity depending on demand for the port.

Only those natural or legal, Spanish or foreign, who have capacity to act, and certify their economic, financial and technical or professional solvency have access to the obtaining of the corresponding licence.

A economic and financial solvency.

Bidding companies must have a net worth that represents at least the greater of the following two amounts: 15% of the value of the costs of providing the service for two years or 25% of the total assets of the company.

This requirement may be credited, among others, by any of the following means: to) report of financial institutions.

(b) annual audited accounts.

(c) deeds of subscription and payment of the share capital in the case of start-up companies.

(d) other documentation considered sufficient by the port authority.

Bidders or applicants must prove to be aware of the character of tax, labour and social security obligations required by the legislation in force.

B. technical and professional solvency.

Technical solvency will be credited by the presentation of: 1. A relationship, where appropriate, the main services or works made in the last three years by the applicant including amount, dates and recipients, public or private of them.

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

3. memory of the service with description of the Organization and procedures planned for the provision of the service and indicating parameters objetivables and measurable of it quality.

4. identification nominal of them practical, of them media human and materials and, in its case, facilities of that available the applicant for the provision of the service, that will have that respect the minimum established in this specification.


5. the rest of workers must meet the requirements in these special requirements and the General Directorate of the merchant marine for embarked personnel.

Clause 6. Presentation of offers or request.

1. them interested in obtain license for the provision of the service port of pilotage may present their offers, before the authority port of Ceuta when is convened the contest for this purpose, that is governed by it established in the specification of bases corresponding. However, in accordance with the provision transient first of the TRLPEMM, the Corporation of pilots of Ceuta, according to the contents of the second of the Act 27/1992, of November 24 transitional provision, State ports and merchant marine, is entitled to obtain the license for the service while they exist practical on the conditions laid down in paragraph 1 of the aforementioned second transitional provision , provided that it meets the requirements and conditions set forth in these particular requirements of the pilotage service. To get the license, must present its request before the authority port, of conformity with it established in the article 115 of the TRLPEMM.

2. to obtain the license for the provision of the service they may offer, if any, physical or legal, Spanish, people from 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 requirement-to have full capacity to act and are not falling into cause of incompatibility.

3. them offers, or in your case request, must contain them data designated in the article 70.1 of the law 30 / 1992, of 26 of November, of regime legal of the administrations public and of the procedure administrative common and the documentation indicated in the annex II.

When convening of competition for the award of the licence, shall be adopted the statement of contest which will contain at least the requirements for entering the competition, the term of the license, the information to make it easier for the applicant and the award criteria. The minimex and the conditions required will be those set forth in these special provisions.

CHAPTER III means for the provision of the service.

Clause 7. Human and material resources.

The provider of the service must have of them media human and materials necessary for the provision of the service in them conditions required of security, quality, continuity and regularity, according to them features of it demand.

Such means shall be those determined below: 1. in relation to the team: to) staff as a minimum shall be as follows: 1) seven (7) practical with the necessary professional qualification, enabled to exercise the service of pilotage in the port of Ceuta.

(2) the service provider shall be required in any circumstance, to maintain the continuity and regularity of the service 24 hours a day, every day of the year, under the terms described in these specific provisions.

(3) the guard shifts of be organized according to the following criteria: (1) two guard coasters will keep presence in the port 24 hours a day.

(2) them shifts of them crews of the vessels is adapted to the needs of them practical of guard. The presence of an or two crews in the port is determined depending on the level of activity of the same.

((3) response times will be those set out in clause 11.5) of this specification.

(b) the company must have the number of workers needed to keep such shifts, adjusting that number when required to comply, in regards to working day and breaks, the current labor legislation, their collective agreement and the additional provision thirty second the text revised from the law of Puertos del Estado and the Merchant Marine in template.

((c) in the case of pilots, the number set by the port authority in application of the provisions in the article 126.4. b) the TRLPEMM is suitable for the previous obligations. However when the company considers that, due to the evolution of demand for services, it is necessary to modify the number of practical, you must request it from the port authority so initiate the formalities of modification of the approved number of practical and the process of habilitation and appointment of the same, if this study.

(d) in any case, the crew of the vessels will be established in the 'minimum provision of security certificate' issued by the maritime administration in each of them.

(e) the 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 responsible for personnel, nor assume any labor obligation with respect to the same.

(f) in addition, pursuant to the provisions of article 109.5 of the TRLPEMM, the provider may contract duly qualified and for the time that prove necessary, to meet temporary increases in activity, if staff were insufficient. With regard to the need, is the cause that is, recruitment of new practical, will be what has the own TRLPEMM, RD 393/1996, on 1 March, which approves the General pilotage regulations and order FOM 2417 / 2007, of 25 July, which regulates the recognition of professional training for the provision of port pilotage services. 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 such modification.

(g) the service provider shall appoint a representative for all relations with the port authority. In addition, will take into account the following: 1) the responsibilities of the operation will require a Merchant Navy Captain, enabled as practical by the General Directorate of the merchant marine.

(2) the rest of the staff will need training and experience commensurate with their functions, and must be in possession of the qualifications and certifications imposed by the regulations in force.

(h) with regard to safety and health of workers, the company that provides the service shall comply with the provisions in the law of prevention of occupational risks (Act 31/1995 of 8 November), and legislation complementary to the risk prevention Plan must be approved before the start of the service. It shall subsequently communicate variations, alterations, extensions or modifications of the Plan. Also, the company must meet national or provincial conventions of the sector and engage, specifically, to adopt procedures and measures established and to comply with the Covenants and norms which, in this matter, implanted inside the port area.

(i) the staff must know 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.

(j) the service provider shall comply with the labour legislation in force at all times and, in particular, as provided for in the provision additional thirty second of the TRLPEMM, and must also maintain the continuous training of its personnel, in accordance with training expectations established and plans which, if any, determined by the port authority in this area or General.

1) staff will be unequivocally identified by his clothing, according to proposal of the company.

(2) the crew of the vessels will be necessary and will be specially trained to perform safely the approximation to a ship in motion and will be able to stay on the side of the ship as the coaster proceeds to embark or disembark. Also, is will be to it willing by the regulations existing on the use of the material of safety from the crew of all them boats.

2 in relation to the material means: to) during the term of the licence, the service provider will have the appropriate means for an effective provision of the same, and must fulfil the conditions of maritime safety that establishes the rules and at least following certain in its day by the direction General of merchant listed below (: Communication and radio: 1) in practical station: (1) a telephone line.

(2) a fax line. (Both independent lines with corresponding equipment required).

(3) two radio VHF marine facilities. They will have two channels (channel 12 more one of reservation).


(4) a system of emergency power supply for capacity (transceivers VHF) communications equipment to keep running continuously and with maximum consumption equipment for a minimum of twelve (12) hours, said system shall be a set of batteries.

(5) a console AIS.

(2) in every practical individual equipment: (1) a portable VHF equipment approved for the band of the maritime mobile service. Also you must have a reserve unit for each five practical.

(2) in the station of practical is must have of at least two Chargers, each one of them with capacity sufficient to keep operational them batteries of them equipment VHF employees in them different shifts of pilotage. Likewise, each pilot must have a backup battery normally at full load.

(3) them practical of Guard must have of a phone mobile for location immediate before any emergency that arises in the service, or of any other half valid for such location.

(3) on Board of vessels: (1) laid down for class S port service vessels in the Royal Decree 1185 / 2006 of 16 October, which approves the regulation which regulates maritime radiocommunications aboard Spanish civilian vessels, amended by the Royal Decree 1435 / 2010 or legislation that is in force and , in any case, with features that are later set to minimum safety equipment of vessels.

(Of navigation: 1) them boats of service necessary, at least two must meet it established in them «conditions technical minimum with that, by reasons of security, should be lent the service of pilotage», approved by the address General of the marine merchant, in accordance with it established in the article 20 of the regulation General of pilotage (RD 393 / 96, of 1 of March). In addition to the above characteristics, vessels shall comply with the following requirements: (1) minimum length of 9 meters and power equal to or greater than 275 HP.

(2) helmet reinforced with contour strip in all its length for power abarloar is to them ships without suffering damage.

(3) coated flat, non-slip, free from obstructions that hinder the displacement from the bridge to the point of embarkation and pulpit that provides grip to the practical in this journey.

(4) 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.

(5) provision of a system for the cleaning or demisting of them crystals. Such a system may consist of a clear view, wiper brushes, electric heaters, circulation of hot air or similar mechanisms.

(6) defenses adequate.

(7) ships, regardless of their size, reflected in the international regulations for preventing collisions at sea in relation to lights and beeps will meet.

(2) minimum safety equipment for each boat. In addition to the required safety equipment in the certificates issued by the harbour master these vessels must be equipped with: (1) focus search to illuminate 100 metres away, and with one large enough to light the pilot ladder.

(2) a scale of rescue for collection of man to the water, or a device that allow perform this operation with safety.

(3) radar for navigation.

(4) class A AIS Transponder.

(b) vessels assigned to the service must be conveniently released by the Harbour and be in possession of all the necessary certificates according to the current legislation, which may be requested by the port authority at all times. Also they must have necessary insurance in accordance with the Spanish legislation of navigation and with the agreements signed by Spain, corresponding seat of boats leaves must be accredited.

c) in the event of material means attached to the port service, were not owned by the licensee, this must present in addition to the above requirements corresponding lease contracts for a period equal to or greater than the requested license.

(d) 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 media not may leave the area of pilotage of the port, or provide services different of them established in these prescriptions particular, except authorization prior of it authority port e report prior of the captaincy maritime in what affects to it security maritime. Any change in the allocation of vessels to the service must be approved previously by the authority port.

The holder shall maintain in good use and perfect state of conservation materials media proposed and approved by the port authority for the provision of the service.

The ship maintenance operations take place on downtime of the service.

(e) vessels assigned to the service during the term of validity of the licence shall not exceed the 15 years old, and must be replaced when reaching that age, unless made the necessary checks, with the express approval of the port authority, or substantial modernizations are made in them to ensure that they can provide the service in conditions of security that efficiency and quality. 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.

(f) 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.

(g) If during the term of the license is a variation of traffic or a substantial change in the form of delivery, the port authority may propose to the company that fit its fleet and other media to the new circumstances to ensure that all services are duly served.

As a guarantee of the adequacy of the human resources and materials and its operation, the holder must accompany a plan of organizing services that detailing the procedures involved, the allocation of human resources, work shifts and the emergency response plan.

In the case of integration of services it shall apply provisions of article 134 of the TRLPEMM. In this case, integration of this service licensees must have the human and material resources sufficient allowing to develop the common unit operations in the terminal or maritime, both simple as the more complex, under the same conditions of security and quality that are required for the rest of the providers.

Clause 8. Investment significant.

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.

CHAPTER IV conditions of service clause 9. Term of the license.

In accordance with article 114 of the TRLPEMM the term of the license for the provision of pilotage service shall be ten (10) years. Licences for the provision of pilotage service may not renew, in accordance with article 114.2 of the TRLPEMM.

The holder of the licence may waive the license provided that you notify the port authority with twelve (12) months in advance.

Clause 10. Home of the provision.

The service will begin to be within a maximum period of one month from the date of grant of the license. Prior to the start of the service, 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.

Clause 11. Conditions of delivery.

1 pilotage service will be provided regularly and continuously, the twenty-four (24) hours a day and must be operational every day of the year, except for reasons of force majeure, or unplanned duly justified according to the port authority, and under the conditions established in the present contract. You will be provided at the request of users, provided that they have been previously approved by the port authority for the docking, moorage or funding and non-discriminatory conditions.


2. Notwithstanding the established in the previous paragraph, the use of pilotage service shall be compulsory when so determined by the maritime administration in accordance with provisions in the legislation. The determination by the General direction of the merchant marine of the necessity of the existence of the pilotage service assumes the obligation to use for input and output port of Ceuta from all vessels, with a tonnage equal to or superior to 500 GT, as well as nautical maneuvers requiring these vessels carry out within the port , with the except of them machofucker that not require the moorage of the ship or the use of tugs and of them ships that obtain the exemption of the use of the service of pilotage, granted by the Administration maritime with arrangement to it legislation existing also and with arrangement to the article 126.2 of the TRLPEMM will be exempt of the service of pilotage with character general , except indication express of the captaincy maritime by reasons of security in the navigation, the ships and boats to the service of the authority port; 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 of Ceuta, either you have surpassed theoretical qualification tests and internships in this port.

3. the port authority fixed the order of priority of the maneuvers when the circumstances so require, taking into account the priorities that the maritime authority had for purposes of security and heard the technical considerations of the pilot.

4. the pilotage service will have a communications procedure, according to which has been authorised by the port authority, which guarantees the ordinary operation of the service during 24 hours a day and its coordination with the service for planning, coordination and control of maritime port traffic in the waters of the port of Ceuta and, where appropriate, the relationship with the port service , as responsible for the coordination of all the operations center. The communication with the service will be through channel 12 (VHF Marine in accordance with appendix 18 of the ITU Radio Regulations) or through the center of coordination of services (fax, phone, e-mail). At the time of beginning and ending of the pilotage service the pilot must inform radio CCS/ACPE, as well as the place of embarkation/disembarkation.

5. the provision of the service will be done with due diligence avoiding delays in the start of the same. When the service is has requested in accordance with them procedures and time of notice of ETA and ETD established in the paragraph 7 of this clause, not will be admissible delay any in the home of the provision of the service with regard to the time confirmed of arrival to the position of boarding of the practical or of the maneuver of output. For other cases, the company shall respond to any request for service with the maximum time response of thirty (30) minutes. To these effects is considered time of response to the elapsed since is performs the request of the service until the lender has willing all them means necessary, human and materials, in the place required and are in conditions of start the service excluding is them delays due because of force greater or unforeseen duly justified ajudgment of the authority port.

6. the provider only may suspend the service exceptionally by accidental causes or force majeure, prior authorization from the port authority, in which case the service provider shall be required, without any compensation, to take a diligent businessman enforceable measures to deal with adverse circumstances and ensure the immediate resumption of the service. The above is understood without prejudice to the instructions that the port authority or the harbour could deliver for reasons of security of the port and emergency control.

(7. them operations and maneuvers of ships in the port of Ceuta, subject to the obligation of use of the service port of pilotage and in which by concurrency of circumstances special of security are forced by captaincy maritime to its use of form exceptional, is will be according to the following guidelines: to) traffic of ships of input. Service planning, coordination and control of maritime port traffic in the waters of the port of Ceuta, located in the center of coordination services (CCS) of the authority port, after communication with the vessel shall inform the time estimated arrival to the port (or) by the acronym of the English "Estimated Time of Arrival", ETA to the center of Control of port emergency (CCEP) , when is running, and to the corresponding health providers of services nautical (pilotage, towing and mooring). The same two (2) hours prior to the arrival of the vessel to the pilot boarding position, it shall notify the CCEP and the pilotage service confirming your ETA and will remain on channel 12 VHF communication. The pilotage service will provide instructions as it considers necessary for the provision of its service and also moved to the tugs and the linesmen instructions for the start and completion of the manoeuvring a vessel.

(b) ships of exit traffic. For the traffic of output, those ships must communicate mandatory with the an advance of a (1) time to the CCS its forecast of split by VHF. In the same way that at the entrance to the CCS will notice the nautical services (pilotage, towing and untying). Subsequently, the ship will request the service of pilotage confirming the time of the maneuver with half (1 / 2) hour of advance and remaining in contact through the channel 12 of VHF. Also corresponds to the pilotage service provide the instructions it deems necessary for the provision of its service as well as the necessary instructions for the start and completion of the manoeuvre of departure of the vessel.

Clause 12. Quality of service.

1 EI provider must be provided within a maximum of one (1) year from the granting of the licence, of a quality certification ISO 9001 that understand the operation of the pilotage service and must keep it throughout the period of validity of the licence.

2. 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. 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.

3. the indicators set to assess the level of quality of the provision of the service are as follows; all of them are counted in annual periods: congestion indicator:-services not started at the time which were confirmed or response time by being all pilots guard or occupied boats providing other services: less than 2 per 100.

-Average time delay (with respect to the confirmed home or response time) at the start of the services being all pilots guard or boats busy providing other services: less than 30 minutes.

Punctuality indicator:-initiated services without delay with respect to the time requested or payable according to the response time: greater than 98 per 100. To the effects of the measurement of the compliance of the indicator from the lender, not is computed those services initiated with delay by causes not attributable to the lender.

-Half of them times of delay (with respect to the time of home confirmed or of response) in the home of those services less of 30 minutes.

Indicators of security and normality: (without services) more than the 99.9 per 100; for the purposes of measuring compliance with the indicator by the provider, do not put those events whose causes are not attributable to the provider.

-Normal (without incident services) increased by 10 98; for the purposes of measuring compliance with the indicator by the provider, do not put those events whose causes are not attributable to the provider.

-Satisfaction (no-complaints/claims, which proves the responsibility of the provider, in the opinion of the Director of the port authority services) increased 95 per 100; for the purposes of measuring compliance with the indicator by the provider, do not put those events whose causes are not attributable to the provider.

The port authority will evaluate, according to such indicators, performance, timeliness, security, normality and satisfaction of the service provided and will promote an amendment to the provision conditions which were necessary (in particular the minimex required), and even to declare the failure of private initiative, proceeding in accordance with article 109.3 of the LP.


Where during the provision of the service there is a delay in the start of the service, accidents or incidents occur, or claims or complaints are received, shall register the causes that have led to deviations, to the port authority.

He repeated breach of them indicators established may give place to the extinction of the license, without prejudice of those effects that could derive is of those breaches.

4. the provider of the service must incorporate during the term of the license them innovations technological Basic that, to judgment of the authority port, can contribute to an improves in the quality of the provision of the service. Also, the provider will acquire commitment to participate in any initiative that the port authority promotes for the improvement of the quality of the services provided that costs will not cause. In any case, the development of the planned activities, the service provider will notice good practices of the trade, having the necessary human and material means to do so.

Clause 13. Environmental and safety conditions.

1. the service provider shall take appropriate measures to not produce episodes of pollution of port waters, avoiding any spill in the dock, and integrated into the Contingency Plan or fight against marine pollution. You must also take all appropriate steps to not exceed the limits of emission of pollutants into the atmosphere and noise established environmental laws, avoiding that occur or may be produced episodes of atmospheric or acoustic pollution and shall take the necessary technical measures for the reduction of the emission of particulate pollutants from the engines.

2. the provision of the service will take place, in any case, with strict compliance with environmental standards established in clause 14 of these particular requirements in 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.

3. the company shall be integrated into action plans emergency approved by the port authority, all the resources both human and material attached to the service, the effect of put them at the disposal of the Director Plan that corresponds in an emergency and in accordance with his orders and priorities. In order to facilitate the preparation of such plans to the port authority, the company will tell you means inventory, its location, its permanence, schedules, contacts and any other information determined by the port authority.

In accordance with it planned in the point 4 of the documentation of character technical related in the annex II of this specification, in compliance of it established in the article 20 of the law 31 / 1995, of prevention of risks labour, before the home of the activity it company provider must present before the authority port its corresponding Plan of self-protection as established in the Royal Decree 393/2007, of 23 March, which approves the basic standard of self-protection of centres, establishments and units engaged in activities that may give rise to emergency situations.

Clause 14. Operating and control procedures.

1. general information.

The provider of the service must facilitate to the authority port, the following information in them deadlines that is specified in each case.

-Annually, it shall provide the detail of the material and human resources, and facilities to the provision of the service (inventory).

-It shall notify any alteration in the human resources or materials, or facilities, as soon as it occurs or the lender know. In any case these alterations must be with the express agreement of the port authority.

-Annually, will provide the detail of its shareholder composition or partners of the company, and any change in its shareholder composition of partners, as soon as this occurs, in order to be able to check compliance with the provisions of article 121 of RDL 2/2011.

-Annually, 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 text revised from the law of Puertos del Estado and the merchant marine, approved by Royal Legislative Decree 2/2011, on 5 September.

-When is go to modify this specification, the structure of costs, reflecting them elements main of cost, according to criteria economic, necessary for to determine of way reasonable the cost real of the service; in particular, must be detail and justify the following items: • If the material means are not themselves, the amounts of rent or charter parties.

• If the media are themselves the amount of investment and of amortization annual.

• Staff costs.

• The amounts for bunkering.

• The amounts devoted to preventive and corrective maintenance.

• The amounts of insurance.

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

-Yearly measurements of the quality indicators established in these specific provisions.

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

-The certificate of management system based on ISO 14 standard provision. 001:2004 or EMAS accreditation on the date that it be renewed.

-Annual certification of the warranty set forth in the prescription 27.

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

-Annually the justification of being given of high as producer of waste.

-Annually, the Plan's delivery of waste generated by vessel, validated by a company provider of the service port of reception of waste generated by ships.

-Annually, the number of incidents or accidents occurring in the provision of the service.

-Annually, the number of events or environmental incidents.

2 detailed information on the services provided.

Taking into account information needs of the port authority for the management of the port service, for studies that allow the improvement in service, for future planning of the same, as well as for statistical purposes, the service provider must complete documented a record computerized with data services provided to ships. Said record must contain the following information: a) scale number assigned by the port authority.

(b) type of service (input, output, internal, voluntary movement).

(c) date and time of the service request.

(d) date and time for which the service request has been confirmed.

(e) date, time and place of commencement of the provision of the service.

(f) date, time and place of completion of the service.

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

(h) the name of the pilot who has spoken.

(i) incidents occurred during the provision of the service.

(j) invoiced amounts.

The information contained in the record shall be provided to the port authority with a monthly periodicity, in digital format before the 15th day of the following month.

The computerized register may be consulted by the competent authorities, and support the information in the documentation will be available for these consultations for a minimum period of five years.

Claims submitted to the provider shall be transferred immediately to the port authority, which will be processed in accordance with the rules and procedures applicable to its nature.

3. the authority port can inspect in all time them media attached to the provision of the service, as well as check its correct operation.

4. the provider of the service must facilitate to it authority port information detailed on their rates, that must be public, so that this can verify that not are superior to them rates maximum, as well as for check it transparency of them rates and of them concepts that is billed to the object of to analyze them conditions of competitiveness in relation to them prices and the quality of them services.

5. all information provided by the provider will be forwarded to ports of the State so that it serves as the basis in the preparation of the annual report of competitiveness based on the analysis and conclusions of the Permanent Observatory of the market of the services port pursuant to the provisions of article 123 of the TRLPEMM.

Clause 15. Changes in the provision.

1. no modifications or innovations they may be introduced in the realization of the operation of pilotage which had not been approved by the port authority with due justification and subject to verification of their commissioning.

2. under the terms established in this list of particular requirements and applicable legislation, the port authority may introduce changes it deems appropriate for the better provision of pilotage service.


3. when the variation of traffic or changes in the provision of the service to be 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 of the TRLPEMM and in clause 28.

Clause 16. Responsible.

The service will be held by the licensee under its sole risk and ventura. The license granted will include the following clause: will be obligation of the provider compensate all them damage and damages that is cause to third as consequence of the provision of the service object of the 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.

In accordance with article 113.8 in the TRLPEMM, the license granted shall include 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 consumption of fuel, water and electricity, as well as any other service that can be used in the 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 licensee. Also, will be by has of the holder of the license all them taxes, excise taxes or rates derived of the provision of the service, with arrangement to the legislation existing in each time.

CHAPTER V economic regime clause 17. Fees port.

1. the holder of the licence for the provision of pilotage services, is obliged to the satisfaction of the relevant rate of activity in favour of the port authority in accordance with the provisions of the articles 183 et seq. of the TRLPEMM.

2. the tax base for this rate is the number of units of gross tonnage (GT) of the manned ships and the total tax will be calculated by applying to the tax base the tax rate whose value is set to 0.31 euros per each 100 GT. This value will be updated in accordance with article 190 of the TRLPEMM.

3. in accordance with them criteria established in the article 188 of the TRLPEMM, it fee full annual of the rate will have them following limits:-it fee full annual not will be lower to the one percent of the amount net annual of the figure of business or, in its defect, of the volume of business developed in the port to the amparo of the license.

-It fee full annual not will be superior to the six percent of the amount net annual of the figure of business or, in its defect, of the volume of business developed in the port to the amparo of the license.

4. at the end of each fiscal year, the licensee shall provide the annual net amount of the turnover and the actual amounts of the tax base (total GT of vessels that has been paid service), corresponding to the service object of the license, that it will serve as a base for the regularization of the full annual fee on the assumption that the rate has been required in advance and the amount of the tax base has been established for estimation. This volume of business must be properly credited by the presentation of the annual accounts.

5. at the request of the lender and prior accreditation of compliance with the required conditions, apply any subsidies provided for in article 245 of the TRLPEMM.

6. the rate of the ship will be assessed with form as provided in articles 194 and 204 of the TRLPEMM, with the application of bonuses until there site pursuant to article 245 of the quoted text.

7. the rate of AIDS to navigation will be assessed with form as provided in articles 237 to 244 of the TRLPEMM.

8. If exist a concession or authorization granted to the provider of the service, this should pay the rate of occupation of domain public corresponding.

9 the payment of these fees will take place in accordance with the deadlines and procedures listed below: a) the licensee shall be required to the presentation of the monthly value of services provided and rates charged within 15 days following the expiry of the corresponding month.

b) Autoridad Portuaria de Ceuta will perform monthly liquidations period expired.

(c) the figure of business must prove is through the presentation of them accounts of the company duly audited with arrangement to it established in the article 122 of the TRLPEMM.

Clause 18. Structure tariff and rates peak.

1. rates will be based measuring system of the ship used in the international conventions of tonnage, currently 'GT', with corrections legally established. The tonnage of vessels is measured according to the Convention of London of 1969.

2 at the rates applicable to the service of pilotage, the following operations will be differentiated: to) entrance pilotage: the service of pilotage, borrowed from the sea vessels, initiated inside of boundaries of the zones laid down in clause 4, and ended in the spring, Bay, or assigned shore area once are moored and properly moored or anchored While including the reviros, launch of anchors and any other manoeuvre that is needed to complete this type of pilotage.

(b) pilotage of output: the service of pilotage, borrow vessels from its place of mooring or anchoring to the point where the vessel in 13(d), let still included the reviros, collection of anchors and any other manoeuvre that is needed to complete this type of pilotage.

(c) inside move: the services of pilotage corresponding manoeuvres nautical to move a ship from one place to another within the limits of compulsory pilotage. This service includes the moorage, inland navigation and the new docking, even the reviros, launches and collections of anchors and any other manoeuvre that is needed to complete this type of pilotage. Also is considered movement inside when the ship a time docked if for correct its position initial of berthing performs maneuvers on ties (machofucker), that involve a distance of the transfer top to a length, or if to the perform them should get all them ties and use the machine and/or tugs.

(3. If due to the conditions weather not out possible the landing of the practical and is viera forced to continue aboard until another port, the ship must do is charge of them following costs: to) accommodation and maintenance in conditions similar to them official of the ship.

(b) stay and transport for the practical from the place of landing to Ceuta.

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

4. rates include the realization of services at night, weekends or holidays not allowing charge for these or any other concept, except in the case of vessel without machine or fault, and must conform to the structure of the table contained in this article with the following limitation: maximum rates: applicable maximum tariffs for pilotage service in accordance with clause 2, shall be those set out below.




Concept amount by service - Euros up to 2,000 GT 200,00 2001 to 4,500 GT 4.501 230,00 to 7,000 GT 250,00 from 7001 to 10,000 GT 260,00 more of 10,000 GT 285 + [(GT/1000)-10] * 5, 00 for non-exempt pilotage regular passenger vessels shall apply a reduction of 50% on the corresponding fee.

In the case of a vessel without machine or damage shall apply a surcharge of 100% on the fee that corresponds by tonnage.

In the case that was convened contest for the award of a license, them rates to apply will be them offered by the successful tenderer, that will be always lower or equal to them maximum established in these prescriptions private. When exceptionally the service is lent by the authority port in accordance with it intended in the article 109.3 of the TRLPEMM, ports of the State approve the rates to perceive by your provision.

Clause 19. Criteria of update and revision of rates peak.

1. the authority port updated annually in the month of January them rates maximum according to the following formula: Kactualizacion rates = Ktrafico × Kcoste being, Ktrafico = 1-CT × VarT / T where: CT = coefficient of commitment of traffic, while by one, and that is equal to 0.5 VarT / T = variation annual of the No. of services, insofar as by one and with your sign.

And still: Kcoste = 1 + Cc × lncrm.o × pesomo where: Cc = coefficient of costs commitment, as for one, and that is 0.9.

lncrm.o = coefficient of revision of the labour force (expressed as increment and as one factor of labour with respect to the total cost) and calculated taking the variation of the labor cost 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 5 to 8 quarters.


pesomo = proportion of the weight of labor with respect to the total cost factor = 0.85.

2. in the event that the procedure previous produced increases or decreases, upper to the 10%, it authority port is book it power of update it claims of them rates maximum through the realization of a new study economic financial, in which is have in has them variations of them different elements that integrate the cost of the service, as well as them variations experienced in the volume of them services rendered and in the amount of the billing of them same. This update of them rates maximum will have the consideration of modification of the conditions established in these prescriptions private, in them terms provided in the following paragraph.

3 review of the tariff structure or maximum rates above the values resulting from the preceding paragraph, only may be authorized, on an exceptional basis, when there are circumstances which have arisen, unforeseeable at the time of submitting the application, to assume, reasonably, that if you have been known by the provider of the service when it was granted license I would have chosen to substantially change its proposal or withdraw from it. It is a modification of the conditions laid down in these specific provisions, this will take place with identical procedures that the row for approval.

Clause 20. Rates by intervention in emergencies, extinction of fire, rescue or fighting against the pollution.

Direct interventions in response to requests from the competent authority in emergencies, operations, salvage, fire or fight against pollution that cause specific identifiable costs, will result in the accrual of the specific rates set forth in the following paragraph.

A fee shall be deemed by 600 euros hour service. These services will be billed per hour or fraction. The beginning of the service means from the moment the the same company received the initial order from the center of emergency or causing the sinister company and ends when the order of completion is given by he who ordered the beginning of the service.

The costs caused by cleaning the hull of the boats after its intervention in areas with spills must be paid in addition to the indicated rate.

The media assigned to the service of pilotage, both personal and material, shall be always ready. When such means are required by the maritime administration should be immediate knowledge with the port authority.

CHAPTER VI rights and obligations clause 21. Rights of the holder of the licence.

(1. the holder of the license will have right a: to) offer and provide the service of pilotage according to it planned in article 126 of the TRLPEMM in them conditions established in this specification of requirements particular, in the license granted by the authority port and in the regulation General of pilotage in what corresponds.

(b) receive fees from users for services rendered and, where appropriate, to update and review thereof pursuant to these special requirements.

(c) perceive it consideration economic that corresponds as consequence of the cooperation in the provision of services of security, rescue, fight against the pollution, emergency and extinction of fire in accordance with it established in these prescriptions private.

(d) where appropriate, perceive economic compensation proceeding through the public service obligations.

(e) suspend temporarily the service to the user when at least one month has elapsed since that is would have required him convincingly the payment of fees, unless the same has been made effective or it has been sufficiently guaranteed. To these effects, the requirement is practiced by any medium that allows have constancy of the reception by the user, as well as of the date, identity and content of the same. Once the payment of the amount owed by the suspended from the service user, the requested service will be provided. The suspension of the service by default only may exercise is prior authorization of the Director the authority port and whenever not it prevent reasons of security. The possibility of suspension must be advertising, so that users have gained access to this information.

Clause 22. General obligations related to the service.

1. the provider of the service will have the duty of provide the service of pilotage according to it planned in them conditions established in the present specification of requirements particular, in the regulation General of pilotage in what appropriate and in the license granted by the authority port, according to them principles of objectivity and not discrimination.

2 will be necessary for the service provider compliance the following obligations: to) submit to the maximum rates approved by the port authority.

(b) pay to the port authority rates and fees accrued and contribute, where appropriate, to the financing of public service obligations.

(c) comply with the regulation of exploitation and police, port regulations and other applicable regulations, as well as resolution, where appropriate, approve the General direction of the merchant marine that established minimum technical conditions for provision of the service in each port in accordance with article 20 of the General pilotage regulations.

(d) inform the maritime captain of any incident that is observed during the performance of the service and that has or may have effects on maritime safety.

(e) 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.

(f) provide to the port authority all the information that is required to control the proper provision of the service and, in particular, that relating to the quality of the services and rates, in order to ensure the transparency and the fairness of the same.

(g) inform 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 these special provisions.

(h) lead to the port of Ceuta 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 122 of the TRLPEMM. In accordance with article 121 of the TRLPEMM, the holder of a licence for the provision of port pilotage service cannot participate, by itself or through natural or legal persons interposed, in the capital or in the management of authorized companies for the provision of any other service technician-nautical in the same port except in the case of integration of services.

(i) notify the port authority any significant change in its shareholder composition or holdings with respect to the existing at the time of granting of the licence, in accordance with article 121 of the TRLPEMM.

(j) the competent authorities obtain permits, authorizations and licenses that are required for the provision of the service and keep them in force.

(k) transfer to the authority port all them claims that is produced by alleged deficiencies in the provision of the service.

(l) be transparent in the information to them users, giving advertising to them conditions of provision of the service so these can have access to this information and ensure it transparency and reasonableness of the rates to meet by the provision of them services, as well as of them concepts by which is facture.

Clause 23. Public service obligations.

1. the service provider is obliged to meet all reasonable demand under non-discriminatory conditions. However the foregoing, the service provider may suspend temporarily the provision a user by default service pursuant to these special requirements.

2. the service provider is obliged to maintain the continuity and regularity of service depending on the demand, except for force majeure, under the conditions laid down in these specific provisions, being able the port authority to establish minimum mandatory services to ensure continuity in the provision of the service.

3. the provider of pilotage service shall be obliged to collaborate in practical training for candidates who have passed the test of theoretical knowledge. Also the provider of pilotage service will cooperate in training tasks related to the prevention and control of emergencies.

4 in relation to cooperation with the port authority and the maritime administration, and, where appropriate, with other service providers in the work of rescue, extinguishing fires and pollution control, as well as in the prevention and control of emergencies and port security the human and material resources required to the provider are as follows: to) in relation to the team : the practical of service with their respective personal assistant.


(b) in relation to material means: ships with auxiliary material with permanent availability throughout the year. Interventions as a result of these obligations shall bear the fees set forth in these special provisions.

5. in accordance with the article 110 of the TRLPEMM, the provider is subjected to the obligations of service public indicated in these clauses on power tariff. Taking into account the absence of competition, given that there is only a single provider, in the service of pilotage, marine safety reasons, this must agree at all times to the maximum rates laid down in the present contract. The authority port will control the transparency of the rates and the concepts that is billed.

Clause 24. Criteria of distribution of public service obligations.

1. for cases in service integration licenses are granted, the public service obligations will be distributed between the providers of these services with objective, transparent, proportionate, equitable and non-discriminatory criteria, among which the market share of each of them be taken into consideration.

2. in compliance with the provisions of article 135.3 from the TRLPEMM, licensees of integration of services will not be subject to the fulfilment of the obligations of public service of universal coverage, continuity and regularity. The human and material resources which must have these lenders, will only be suitable for the volume and characteristics of the traffic that will operate under the same conditions of security and quality required the rest of providers and with continuity and regularity, requiring such traffic.

3. them media of that must have these health providers destined to the obligation of service public of cooperate in them operations of rescue, extinction of fire, fight against the pollution, as well as in prevention and control of emergency and in the training practice, will be all them required in your license.

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

Licenses for integration of services is set to the compensation which, in his case, holders must pay as a contribution to that public service obligations that fall on the licensee's open to general use can be met, in particular the keep universal coverage, the regularity and continuity of services.

In accordance with it established in the article 136 of the TRLPEMM, the value of the compensation will be a percentage of the costs fixed that you correspond to the provider open to the use general with them media human and materials minimum required in this specification. That percentage will be equal to the percentage that represents of the total of annual activity of the port service made by the licensee of the service integration, in the geographical area affected by these particular requirements.

The value of the compensation shall be fixed in accordance with the following formula: offset = fixed costs × market share where: fixed costs: for the purposes of application of this formula, is the amount of 1.247.319 euros, corresponding to the fixed costs considered in the cost study carried out for the establishment of maximum rates.

Market share: is the accumulated GT of the services rendered by the licensee of integration of services divided by the GT hoarded all pilotage services in the port, as expressed by one.

The compensation annual will be invoiced by the authority port to them holders of licenses of integration of services, if any provider of the service open to the use general, with periodicity quarterly and is paid with the same periodicity to said provider.

Given the character of collaborator in the training practice of the personal of the provider of the service of pilotage, not is contemplates compensation economic by this made to the not add is no obligation to major that them established for the provision normal of your service.

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

1-supplying enterprises must comply with the rules applicable in environmental issues as well as specific environmental standards which, if necessary, be established in the regulation of exploitation and police, in the port regulations and instructions that can dictate the port authority, as well as in systems of environmental management that could approve the port authority, 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 these companies must adopt to this end.

2. in the term of (1) year from the date of grant of the license, providers must be registered in the register of the Community system of management and environmental audit EMAS or have implemented and certified an ISO-14001 environmental management system: 2004 which understand all activities related to the provision of service governed by this license.

3. in accordance with the provisions of article 11 of the order FOM 1392 / 2004, vessels 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. Also presented quarterly to the harbour a relationship of their waste deliveries during that period, with the endorsement of the above-mentioned installation. On the other hand, in the field of the fight against pollution, the human and material resources available to the service provider to be integrated into the Contingency Plan of the port authority.

4. 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.

CHAPTER VII other provisions clause 27. Guarantees and insurance.

1. in order ensure the compliance of the obligations derived of them spreads, of them sanctions that could impose is and of them damage and damages that could produce is, the lender must constitute, before start your activity, a warranty whose amount minimum will be of 100,000 euros.

2. the guarantee shall be in cash, by bank guarantee or insurance company, according to the model to be determined by the port authority. The bail, that will be solidarity, may be granted by person or entity different of the holder of the license, understanding is, in all case, that the warranty is subject to the same responsibilities that if were constituted by the same and without can use is them benefits of exclusion, division and order.

3. the minimum amount of the above guarantee will be updated biweekly form starting from the approval of these particular prescriptions in order to adapt it to the changes experienced by the CPI built up to the National Assembly in October during that period.

4 extinct the license, according to the cases referred to 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 responsibilities incurred by the service provider or the sanctions that had been imposed.

5 failure to comply with the financial obligations by the provider, will allow the execution or immediate disposition of the security lodged. When by application of this measure had to make use of the guarantee, fully or partially, provider will be forced to replace it or complement it within the period of one (1) month, 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.

6 pursuant to section 8.b) of article 113 of the TRLPEMM, subject to obligation to the lender shall 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. The license will include a clause stating expressly the obligation.

7. for the purposes referred to in the preceding paragraph, the company must sign a liability insurance that covers damage caused during the provision of the service port as well as the compensation for occupational hazards.

8. 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:-21.3 euros per unit of gross tonnage of the largest ship that has been given the service.

-1.065.000 euros.


9. the resulting amount will be indicated on the licence and will be updated annually at the same rate as the interannual variation experienced by the general index for total national Assembly (IPC) consumer prices in the month of October and on the basis of the maximum tonnage of vessels entered the port of Ceuta over the past year.

10. Likewise, it company provider must have of it warranty financial that you allow do facing it responsibility environmental inherent to the activity, according to corresponds in application of it Law 26 / 2007, by the amount that is determine depending on the evaluation of risk and by any of them forms collected in such law.

11. to that end, the defined refers to gross tonnage in the international agreements signed by Spain and national regulations that are applicable.

12. the holder of the licence, before the start of activity, shall be submitted to the Autoridad Portuaria de Ceuta, copy of contracted policies, together with the proof of payment receipts from premium corresponding, as well as updates that occur. The previous requirement may be replaced, at the option of the holder or, in any case, at the request of the APV by a certificate issued by the insurer certifying that the insurance policy taken out by the authorized gives compliance obligations and terms derived from this clause.

Clause 28. Modification of the license.

1. in accordance with the provisions of article 113.2 from the TRLPEMM, the port authority may modify this list of particular requirements for objective reasons motivated, among other things, by the evolution of the characteristics of demand in the port, the technological evolution, imbalances observed in conditions of safety, 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. in accordance with the provisions of article 117.2 of the TRLPEMM, according to the principles of objectivity and proportionality, the port authority may modify the content of licences, after hearing stakeholders, when they have been amended in the particular requirements of the service. The holder must adapt to changes in the term established therein. Within this period without that adaptation, has occurred the license shall be without effect.

3. the existing license at the time of approval of these particular requirements must adapt to them within a maximum period of six (6) months, within this period without that has taken place for reasons attributable to the lender, the adaptation, the license shall be without effect.

Clause 29. Penalties.

1. to ensure a correct compliance of this specification of prescriptions particular and, without prejudice of the claim of damage and damages to any place and of others rights and actions that correspond to it authority port, this may impose penalties by breach of standards of quality concrete in the provision of the service (indicators of quality).

For breach of the indicators, in accordance with clause 12: Euro punctuality claims 3,000 3,000 3,000 3,000 satisfaction normality for each month of delay in the presentation of certificates of quality, environment and safety and occupational health required: 1,000 euros.

2. them penalties will give right to it authority port, prior audience of it company provider and through the corresponding resolution motivated, to the seizure of the amount corresponding of the warranty, which must be response by the provider in the term and conditions indicated in this specification.

3. 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.

4. for breach of the period of notice in case of waiver of the license or abandonment of the service: 100,000 euros.

Clause 30. Causes of extinction of the license.

(1. may be causes of extinction, of conformity with it established in the article 119 of the TRLPEMM, the following: to) the course of the term established in the license.

(b) reversal of the title for loss or non-compliance with the requirements laid down in article 109.2 of the TRLPEMM, of the conditions enabling title, or by not adapting to the specific provisions of the service have been amended, in accordance with article 117.2 of the quoted text.

(c) by termination of the concession or authorization or rescission of the contract referred to in article 115.4 of the TRLPEMM.

(d) for breach of any of the obligations of public service or of any of the duties of the holder of the license, referred to in clauses of this statement of requirements individuals, as well as of the conditions established in the enabling title, taking into account the following particularities:-in the event of non-payment to the port authority of rates and fees accrued , will proceed the revocation of the license elapsed the term of six months from the end of the period of payment voluntary.

-It will be cause for the revocation of the title, in addition to the breach of the obligation to supply the information that corresponds to the port authority, providing false information or repeatedly to supply it's incorrect or incomplete form.

(e) waiver of the owner with the notice of twelve (12) months, in order to ensure the regularity of the service.

(f) does not start the activity within the prescribed period, as indicated in these special requirements.

(g) transfer of the license to a third party without the permission of the port authority.

(h) establishment of mortgages or other warranty rights in material media attached to the provision of the service without having previously informed the port authority.

(i) no replacement or warranty prior request of the port authority.

(j) serious neglect, where appropriate, 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) drop-out of the service area of the port by one of the material attached to the service without the prior authorization of the port authority and report of the harbour in which affect maritime safety.

(n) billing services or improper concepts to users or the port authority or distortion of the amounts received in the billing.

2 order the initiation of the record will be granted to the licensee within fifteen (15) days to formulate allegations it deems relevant. Corresponds to the Board of Directors of the port authority agree on the extinction of licenses except in the case provided for in paragraph to) of the previous paragraph, in which extinction occurs automatically.

The extinction of the license is understood without prejudice to any penalties or sanctions that could proceed as laid down in this statement of requirements individuals and in the TRLPEMM.

Clause 31. Regime of 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 service tecnico-nautico in the same port, except in the cases of integration of services licenses.

Clause 32. Transmission of the licenses.

The licenses may transmit is to people different of those to which les were originally granted when the transmission is make in favor of a person physical or legal that meets them requirements designated in the article 109.2 of the TRLPEMM, and in the present specification of requirements particular.

The transmission will be in all case subordinate to it prior conformity of it authority port and, in its case, to it mandatory authorization of them authorities of competition, taking concerning them contracts of work of the personal of the holder of the license, them effects expected in it legislation labor.

Clause 33. Protection of data.


In compliance with organic law 15/1999, of 13 December, of protection of Personal character data (in hereinafter LOPD), the port authority established in spring of Spain s/n, interested parties informed that the personal data which may be collected through the presentation of the documents required for the granting of a licence for the provision of port service Basic object of the present specific provisions will be treatment, 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 contained in them, ask how much additional documentation is necessary, respond to your requests for information, communicate with the agreement of the Board of Directors concerning the granting or not of the license, proceed ex officio to registration in the register of outsourcees basic 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, is advises to the interested that of conformity with it legislation existing, it authority port must communicate it information and data personal hearing in the procedure of granting of the license to them following agencies and third: judges and courts, in its case, when outside required legally for this, body public ports of the State (OPPE) for its inclusion in the registration General of companies providers of services port basic and the exercise of them functions that has assigned by it legislation in force, to it intervention General of the administration of the State (IGAE) for realization of them functions of control that has attributed and general, to any others third to who, under the normative existing had the obligation of communicate them data or that agree to the information obrante in the referenced record given its character public.

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 specification , or those generated during the processing of your request for license, in order that the cited authority can proceed with updating. 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 prescription. 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 days since they 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.

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.

He interested may exercise their rights of access, rectification, cancellation and position requesting it by written directed to the authority port in the following address spring of Spain s/n, 51001, Ceuta, or in that that it replace and is communicate in the Register General of protection of data.

Ceuta, to March 10, 2015.-the Director, César López Ansorena.

Here is a picture in the original. See the document PDF official and authentic.

ANNEX II presentation of offers or requests so that the port authority ruling on the granting of a licence for the provision of the service subject to these special requirements, the person concerned must formulate a request or submit an offer, according to the case, 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 and e shall be accompanied by the following documentation : Administrative: 1. supporting documentation of the capacity to act of the applicant.

-If it is of a person physical, document national of identity or. in the so-called of citizens foreigners, the document equivalent.

-Legal persons by submitting writing or document of Constitution, the statutes or the founding act, where its corporate purpose, the rules by which regulates its activity, duly registered, where applicable, in the public registry that corresponds, according to the type of legal person concerned.

-When is try of entrepreneurs not Spanish that are national of States members of the Union European, it capacity of Act is be credited by its registration in the record from in accordance with the legislation of the State where are established, or by it presentation of a statement sworn or a certified, in them terms that is established in it normative of development of it legislation of contracts of the sector public. Other foreign businessmen, 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, if any, duly registered in the mercantile register, accompanied by the corresponding certificate of its entry into force, and the national identity document or, in the case of foreign nationals, the equivalent document.

3. designation of a representative, with powers enough and with domicile in the field territorial of competencies of the authority port, to them effects of establish a communication regular.

4. shareholder composition or holdings Declaration at the time of the application or tender. Any change produced during the procedure of processing of the license must be since immediately in knowledge of the authority port, so is constancy of it cited composition shareholder or of participations in the date of granting of the license.

5. two accredited certifications of the fulfilment of the obligations of fiscal and labour by the tax authorities and Social Security.

6 statement responsible for compliance of the obligations laid down in article 121 of the LP on incompatibilities.

7. responsible Declaration have, and maintain throughout the term of the license, permits, authorizations and legally required licenses for the exercise of the activity.

Economic and financial character: 1. supporting documentation of the economic and financial solvency of the applicant, in accordance with the appropriate prescription.

2. supporting documentation of the creation of the security required on the appropriate prescription.

3. supporting documentation have a civil liability insurance covering the risks inherent in the provision of the service by the minimum quantity laid down in the corresponding prescription.

Technical: 1. memory of the service referred to in the corresponding prescription, with detailed description of:-the Organization to provide the service, and the systems for recording applications, the development of activities, incidents and claims of each service.

-The personal media and materials made available.

-The system of assurance of the quality, safety and the protection of the environment.


2 accreditation specified have the human and material means which shall be attached to the service subject, in any case, the minimum requirements to the effect required by this specification. Approvals and accreditation certificates of the vehicles and the rest of the machinery, in accordance with the regulations on security will also be provided.

3. certification of quality and environmental management systems (for the ISO 9001.2008 quality, and the environment the ISO 14. 001:2004 or EMAS accreditation) or, in their absence, commitment to provide within a maximum period of one year from the date of grant of the license, such certification.

4. study of security and plan of contingencies of the service, and that will include also the plan of prevention of risks labour according to it established in the Lev of prevention of risks labour, as well as in the Plan of self-protection against the intrusion specifying the inventory of media, its location, its permanence, schedules and others requirements: as well as a statement responsible of its adaptation to them corresponding of the port in the term of three (3) months after the granting of the license, this following the directions of the Director of the port.

Of another character: 1. communications information relating to the Lev organic of protection of data made to each an of them people physical whose data are transferred to the authority port and signed individually by each one of them affected.

2. express declaration know and accept the terms of this specification.

3. commitment to notify the port authority modifications or circumstance that affects or may affect the content of the documentation above and occurs after the application or the granting of the license: in accordance with article 121.3 of the LP.