SPAIN Law and Practice Contributed by: Verónica Meana, José Antonio Domínguez, Enrique Ortiz and Mikel Garteiz-goxeaskoa, Aiyon Abogados
tions are carried out to ensure compliance with international and EU Conventions and Regu - lations for the safety of life at sea, marine and environmental protection, and life and work standards for seafarers, within the framework of the Memorandum of Understanding of Paris (the “Paris MOU”). The competent authority for foreign vessel inspections is the Ministry of Transport and Sustainable Mobility through the Harbour Master Offices in each port. Groundings and wreck removal outside inter - nal waters are also subject to the powers of the Ministry of Transport and Sustainable Mobility through the Harbour Master Offices, whereas grounding and wreck removal within internal waters are subject to the relevant Port Authority. In both cases, the competent authorities have the power to request salvage or wreck-removal operations from the owner or its insurer. If owners or insurers do not comply with this request, the competent authorities are empow - ered to sink the vessel or remove the wreck at the owner’s/insurer’s expense, without the pos - sibility of claiming limitation of liability. Authori - ties would have a lien on the recovered property and can sell it to recover the costs incurred. In order to prevent marine pollution, the Harbour Masters and Port Authorities are empowered to visit, inspect and arrest vessels within Span - ish jurisdictional waters and to initiate judicial actions or any other action they deem necessary to protect the environment. As a State party to the International Conven - tion on Oil Pollution Preparedness, Response and Co-operation, 1990 (the “OPRC Conven - tion”), Spain has developed the National Marine
Response Plan and the National Shore Protec - tion Plan to prevent and fight pollution at sea and on shore under the powers of the Ministry of Transport and Sustainable Mobility and Coastal Directorate, who will co-ordinate the response to pollution with the assistance of the Spanish salvage public company (SASEMAR), the Army, the police, firefighters, scientific public agencies, etc. The costs of the response will be claimed against the polluter. 1.3 Domestic Legislation Applicable to Ship Registration Ship registration is regulated by Royal Legisla - tive Decree No 2 of 2011 (the “State Port and Merchant Navy Act”), the SSA and Royal Decree No 1027 of 1989, that regulates ship registration and the Maritime Registry. All vessels in Spain must be entered on two reg - istries of different natures: • the Marine Administrative Registry; and • the Registry of Movable Goods, where own - ership, mortgages and encumbrances will be registered. The Marine Administrative Registry is the responsibility of the Ministry of Transport and Sustainable Mobility and is located in the differ - ent Harbour Master Offices. The Marine Admin - istrative Registry provides for the registering of ships through a list system that depends on the activity to be performed by each ship. However, the Registry of Movable Goods, is the responsi - bility of the Ministry of Justice. It is worth mentioning the Special Registry of Ships and Shipping Companies of the Canary Islands (the “REBECA”), which provides for important tax allowances and corporate ben - efits.
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