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Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 on the establishment of a Community system for monitoring and reporting on maritime traffic was intended to establish a the system for the control of maritime navigation at European Union level which would make freedom of navigation compatible with the protection of maritime safety and the preservation of the marine environment.
The transposition of Directive 2002/59/EC was verified by standards of legal and regulatory standards. The regulatory incorporation was carried out by Royal Decree 210/2004 of 6 February establishing a system for monitoring and reporting on maritime traffic.
Directive 2009 /17/EC of the European Parliament and of the Council amending Directive 2002/59/EC, which essentially aimed at the implementation and use of progress, was adopted on 23 April 2009. (i) technical assistance for the implementation of the objectives set out in Directive 2002 /59/EC. The latter directive was also incorporated into the Spanish internal legal order by legal and regulatory standards. As regards the regulatory aspect, by the approval of Royal Decree 1593/2010 of 26 November, amending Royal Decree 210/2004.
Finally, on 23 February 2011, the Commission's Directive 2011 /15/EU was adopted, amending Directive 2002/59/EC of the European Parliament and of the Council on the establishment of a system of Community safety and information on maritime traffic.
Directive 2011 /15/EU amends the references to Resolution MSC.150 (77) of the International Maritime Organization (IMO), which has been repealed by Resolution MSC.286 (86) of the International Maritime Organization, and should therefore be updated. references and replace references to others.
It also replaces Annexes II and IV. The changes which are being made by this substitution are, in some cases, mere clarifications, including certain aspects, such as the use by the fishing vessels of the automatic identification systems (CIS), which do not variation.
The new features of the change in Annexes II and IV affect the updating of the requirements concerning the installation on board of the ships of the automatic identification systems (SIA) and the data recorder of the crossing (RDT), adapting them to the amendments introduced by the International Convention for the Safety of Human Life at Sea (SOLAS).
They also refer to the deployment, for certain categories of ships, of the simplified RDT approved by the IMO, as well as the determination of the scope of the exemptions to which small passenger ships are eligible. on short journeys.
Finally, the specification is produced in a more precise way of what the Member States ' powers of intervention are after an accident at sea.
This royal decree is intended to incorporate into Spanish law the Commission's Directive 2011 /15/EU.
In its virtue, on the proposal of the Minister of Development, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of the day of January 20, 2012,
DISPONGO:
Single item. Amendment of Royal Decree 210/2004 of 6 February establishing a system for monitoring and reporting on maritime traffic.
Royal Decree 210/2004 of 6 February is amended as follows:
One. Article 2.4 will have the following wording:
" 4. For the purposes of the application of the rules for the notification and monitoring of ships, the provisions and equipment on board of all ships, as well as the equipment, shall not be regarded as goods subject to the obligations laid down in this royal decree. fuel for own use of vessels of gross tonnage less than 1,000 tonnes. '
Two. In Article 6a, where it says: '... timetable set out in point 3 of Part I of Annex II to a system ...', that is: '... timetable set out in Annex II, Part I, with a system ...'.
Three. Article 12 (1) (b) shall have the following wording:
" (b) in the case of the substances referred to in Annex I to the MARPOL Convention, the safety data sheet specifying the physico-chemical characteristics of the products, including, where appropriate, the viscosity expressed in cSt at 50 ° C and density at 15 ° C, as well as other data to be included in it in compliance with IMO Resolution MSC. 286 (86): "
Four. The second final provision is worded as follows:
" Final Disposition Second. Faculty of development.
The Minister of Public Works is authorized to make the necessary provisions for the development and application of the provisions of this royal decree.
In particular, the Minister of Public Works is empowered to adapt the content of the Annexes to the needs for the protection of safety and the prevention and control of pollution of the marine environment and to international standards in this field.
The holder of the said Department is also empowered to make technical amendments to the annexes resulting from changes in international regulations, in particular those adopted on the initiative of the Committee of maritime safety and pollution prevention for ships ('COSS Committee '), set up by Regulation (EC) No 2099/2002 of 5 November.'
Five. Annexes II and IV respectively are replaced by Annexes I and II to this royal decree.
Single repeal provision. Regulatory repeal.
All provisions of equal or lower rank are repealed as soon as they are opposed, contravened or incompatible with the provisions of this royal decree.
Final disposition first. Competence title.
This royal decree is issued under the provisions of Article 149.1.20. of the Constitution, which attributes exclusive competence in the field of merchant marine to the State.
Final disposition second. Incorporation of European Union law.
By this royal decree, Directive 2011 /15/EU of 23 February 2011 of the Commission amending Directive 2002/59/EC of the European Parliament and of the Council on the the establishment of a monitoring and information system on maritime traffic.
Final disposition third. Entry into force.
This royal decree will enter into force on March 16, 2012.
Given in Madrid, on January 23, 2012.
JOHN CARLOS R.
The Minister of Development,
ANA MARIA PASTOR JULIAN
ANNEX I
" ANNEX II
Requirements applicable to on-board equipment
I. Fishing vessels.
Fishing vessels with a total length of more than 15 metres shall be equipped with an automatic identification system (SIA) in accordance with Article 6a, in accordance with the following timetable:
-Fishing vessels of overall length, equal to or greater than 24 metres and less than 45 metres: no later than 31 May 2012.
-Fishing vessels of overall length equal to or greater than 18 metres and less than 24 metres: no later than 31 May 2013.
-Fishing vessels with a total length of more than 15 metres and less than 18 metres no later than 31 May 2014.
-New-build fishing vessels of more than 15 metres in length shall comply with the provisions of Article 6a as from 30 November 2010.
II. Vessels engaged in international voyages.
Passenger ships, whatever their size, as well as all ships that are not of a gross tonnage passage equal to or greater than 300 tons, carrying out international voyages and calling in a Spanish port, shall be fitted with an automatic identification system (SIA) in accordance with the technical and performance standards laid down in Chapter V of the SOLAS Convention. Passenger ships, irrespective of their size, as well as all vessels not of a gross tonnage fare equal to or greater than 3,000 tonnes, carrying out international voyages and calling at a Spanish port, shall be fitted with a (RDT) data recorder in accordance with the technical and performance standards laid down in Chapter V of the SOLAS Convention. For cargo ships constructed before 1 July 2002, the RDT may be a simplified voyage data recorder (RDT-S) which complies with the technical and performance standards developed in accordance with Chapter V of the SOLAS Convention.
III. Vessels engaged in non-international voyages.
1. Automatic identification systems (SIA).
Passenger ships, whatever their size, as well as all other vessels of gross tonnage equal to or greater than 300 tonnes, which carry out non-international voyages, shall have an identification system installed (SIA) which complies with the technical and performance standards laid down in Chapter V of the SOLAS Convention.
2. Journey data recording systems (RDT).
(a) Passenger ships, whatever their size, as well as all vessels other than a passenger ship of a gross tonnage equal to or greater than 3,000 tonnes constructed from 1 July 2002 carrying out sailings international, shall carry a voyage data recorder (RDT) which complies with the technical and performance standards developed in accordance with Chapter V of the SOLAS Convention.
(b) Cargo vessels of a gross tonnage equal to or greater than 3,000 tonnes constructed before 1 July 2002 carrying out non-international voyages shall be fitted with a voyage data recorder (RDT) or a Simplified voyage data recorder (RDT-S) that complies with the technical and performance standards developed in accordance with Chapter V of the SOLAS Convention.
IV. Exemptions.
1. Exemptions from the obligation to carry an CIS on board.
(a) The Directorate-General of the Merchant Navy, provided that maritime safety and the integrity of the marine environment are not put at risk, may exempt from the application of the provisions relating to the CIS contained in the This Annex shall be attached to passenger ships of less than 15 metres in length or gross tonnage of less than 300 tonnes engaged in non-international voyages.
(b) The Directorate-General of the Merchant Navy, provided that maritime safety and the integrity of the marine environment are not put at risk, may exempt from the obligation to bring in an CIS set out in this Annex to the vessels other than passenger ships, of a gross tonnage of 300 tonnes or more but less than 500 tonnes sailing exclusively by Spanish inland sea waters outside the routes normally used by other vessels provided with SIA.
2. Exemptions from the obligation to carry on board a voyage data recorder (RDT) or a simplified voyage data recorder (RDT-S).
The Directorate-General of the Merchant Navy, provided that maritime safety and the integrity of the marine environment are not put at risk, may grant exemptions from the obligation to have an RDT or an RDT-S installed on them. assumptions as follows:
(a) Passenger vessels that only engage in cross-sea crossings not included in Class A as referred to in Article 4 of Royal Decree 1247/1999 of 16 July 1999 on safety rules and standards applicable to the Passenger ships carrying out crossings between Spanish ports may be exempted from the obligation to have an RDT installed.
(b) Ships which are not ro-ro passenger ships and have been constructed before 1 July 2002 may be exempted from the obligation to have an RDT installed provided that the interface of an RDT is shown to be with the existing equipment of the ship is neither reasonable nor feasible.
(c) Cargo ships constructed before 1 July 2002 carrying out international and non-international voyages may be exempted from the obligation to have an RDT-S installed if they are to be permanently removed from the service for two years following the date of application specified in Chapter V of the SOLAS Convention. '
ANNEX II
" ANNEX IV
Measures to be taken in the event of a threat to maritime safety and the environment
(In application of Article 19 (1))
When, following an incident or circumstances such as those described in Article 17 involving a ship, the Maritime Administration considers that, in accordance with international law, it is necessary to avoid, or to remove a serious and imminent threat which, in spite of its coastline or interests, the safety of other vessels and their crews and passengers or persons on the ground, or which must be protected, may, inter alia:
(a) Restrict the movements of the ship or order it to follow a given course, without this decision affecting the responsibility of the master as regards the safe government of his vessel.
b) Use the ship's captain to put an end to the threat to the environment or maritime safety.
(c) Send the ship on board to an assessment team with a mission to determine the degree of risk, to assist the captain in remedying the situation and to keep the competent coastal station informed.
(d) To order the captain to go to a place of refuge in the event of imminent danger, or to impose the pilotage or trailer of the ship at the expense of the operator or the shipping company.
e) Any other measures that the Maritime Administration considers necessary to safeguard human life at sea and the protection and control of marine pollution.
In the event that the vessel is being towed under a towing or rescue agreement, the measures taken by the Maritime Administration as referred to in points (a) and (d) may also apply to the assistance, salvage and trailer companies involved. "
