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Cargo ship loaded with containers close to coast

Advice, Club News, Loss Prevention

New Spanish Regulations

Two new regulations have been enacted by Royal Decrees in Spain, Decree 210/2004 providing for tracking the movements of ships and carriage of dangerous/polluting substances through Spanish waters, also containing general provisions relating to places of refuge, etc; decree 253/2004 covering the measures for preventing pollution during bunkering/handling fuel and bunkers.

Decree 210/2004 came into effect February 15th, 2004. It is mainly concerned with (1) information to be provided to Spanish Authorities but also has provisions for (2) Tracking Maritime Traffic: (3) Measures adopted in case of accidents at sea and (4) Places of refuge.

(1) It applies to all ships of 300 GT or more carrying dangerous/polluting substances through Spanish waters. It requires the following information to be made available to the Port Authority by the Operator, Master or Agent of the vessel (hereafter “the vessel”) 24 hours before entering a Spanish Port:



  • Vessel’s complete identification
  • Port of origin
  • Next port of call
  • ETA and ETS
  • Number of persons on board
  • Copy of the Safety Management Certificate

The vessel when sailing from a Spanish port carrying dangerous/polluting substances must, not later than the time of sailing, provide the Harbour Master’s Office with:



  • Technical description of the cargo, using numbers and sections of the relevant UN codes – IMO GAS CODE – IMO CHEMICAL CODE – IMDG and INF
  • Quantity of cargo
  • If carried in consolidated units (except tanks) the identification number of these units
  • Details of the company able to provide more detailed information about the cargo, if needed

The above information must also be provided when the vessel sails from a non EU country carrying dangerous/polluting substances and intending to call at a Spanish port or anchor in Spanish waters, but not when just passing through Spanish waters. In this case the information must be provided to the Harbour Master’s Office before sailing from the port of loading or, if the information is not available at that time as soon as the port of call or place of anchorage is known.

In the event of any accident, casualty, breakdown etc, which could affect the marine environment or endanger the safe navigation of the vessel, the Master must immediately notify the Port Authority with the following information:



  • Vessel’s complete identification
  • Ports of origin and destination
  • Number of persons on board
  • Details of the casualty
  • Details of the company able to provide more detailed information about the cargo

(2) The decree provides the systems for supplying information on routing and implementing EU Directive 2002/59/CEThe General Directorate of Mercantile Marine (GDMM) will adopt relevant measures to facilitate the use of the IMO Automatic Identification System (AIS regulation 11 Chapter V SOLAS) In converging areas, established pursuant to Regulation 10 Chapter V SOLAS, GDMM adopts the reporting parameters and specific rules established by the IMO for that area.

Through the Harbour Master’s Offices in each port GDMM will control and inspect the implementation of Voyage Data Recorders on board within the time limits provided in Annex II Part II of the decree (in compliance with IMO resolution A 861 (20)).

(3) In case of an accident, casualty, breakdown etc affecting the marine environment or putting the safe navigation of the vessel at risk, GDMM may adopt the following measures:



  • Limit the movements of the vessel and compel her to follow a specific route
  • Order the Master to resolve the situation giving rise to the risk
  • Embark personnel to evaluate the risk, assist the Master and keep authorities advised
  • Order the Master to enter a port of refuge, employ pilot and towing services, all with costs for the account of the carrier/operator

(4) The GDMM will provide a plan for sheltering distressed vessels whilst in Spanish waters, although GDMM is not under any obligation to grant permission of access to a port of refuge or sheltered area. However if access is denied the authorities must provide the reason for such denial.

Life salvage will be carried out immediately by the authorities.

Protocols of action to be taken in casualty situations such as fire, collision, grounding, structural damage, explosion and spillage are to be provided by the Maritime Authorities within a maximum period of two years. Measures to be taken must take into account safety of life both on board and ashore, potential damage to the environment and natural resources. These protocols will be considered before granting shelter to the vessel.

Access to a place of refuge may be conditional upon posting of financial security, to be provided, exclusively, through a bank located in Spain. The amount of such security could reach up to 7 million euro for vessels not exceeding 2000GT and an amount of Euro 10,000 added for each GT in excess of 2000GT.

The decree provides for sanctions in case of non compliance to any of the regulations. These will be that access to the port will be denied and the Maritime Authority of the vessel’s flag informed. The general infractions and sanctions contained in the Spanish Ports Act 1992 (as amended 1997 & 2003) will also apply to this decree.

Dangerous goods for the purpose of this decree are the substances listed in IMDG code: IMO GAS CODE (ART. 19): IMO CHEMICAL CODE (ART 17); INF CODE; BC CODE (APP. B) Polluting substances are OIL (as defined Annex I Marpol), Noxious liquid substances (Annex II Marpol) and Harmful substances (Annex III Marpol).

Note also that Annex 1 to Royal Decree mentions in paragraph “L”

“any other relevant information, in particular: -Characteristics and estimated quantity of bunkers for vessels carrying more than 5,000 tons of bunkers”.

Royal Decree 253/2004 will come into force on 15th August 2004 and adopts measures for the prevention of maritime pollution which includes port areas, during loading, discharging and handling fuel and bunkers.

It provides for the implementation of local safety plans to be adopted jointly by private companies and Authorities prior to February 2005. As of that date bunker suppliers will be required to provide their own cleaning capability or subcontract cleaning operations. They must also provide a contingency plan to the Harbour Master which includes plans for prevention of pollution and measures to be taken in the event of a spillage.

We are obliged to our general correspondent in Spain, Messrs Munoz & Montanes for this information.





Member Alert is published by The Swedish Club as a service to members. While the information is believed correct, the Club cannot assume responsibility for completeness or accuracy.