SPAIN Law and Practice Contributed by: Verónica Meana, José Antonio Domínguez, Enrique Ortiz and Mikel Garteiz-goxeaskoa, Aiyon Abogados
8.4 International Conflict(s) The war in Ukraine and Spain’s enforcement of trade sanctions have compelled Spanish com - panies to source suppliers and loading ports outside Russia, increasing costs and prompt - ing cancellations or renegotiations of supply, affreightment and logistics contracts. In Spanish chartering practice, Ukraine and Russia are des - ignated war risk areas, leading to amendments in charterparties to exclude these regions from trading limits. Standard clauses, such as BIMCO Conwartime 2004 for timecharters and BIMCO Voywar 2004 for voyage charters, are commonly incorporated to address these risks. Additionally, the conflicts affecting the Suez Canal, by causing route changes to entering the Mediterranean from the west, have led to an increase in transshipment traffic at western Mediterranean ports, including ports in Spain. This has caused port congestion problems caus - ing delays and claims thereof. Certain Spanish ports, such as Las Palmas and Algeciras, have experienced an increase in bunkering operations as a result of the new routes implemented to avoid the Suez Canal. 9. Additional Maritime or Shipping Issues 9.1 Other Jurisdiction-Specific Shipping and Maritime Issues One of the topics that could be of interest and that is not covered in previous sections is the possibility of a direct action against P&I clubs under the SSA. Under Spanish Law, a direct action against a civil liability marine insurer is possible under the Criminal Code in terms of civil liability derived from a criminal offence and in general for mari -
sanctioning proceeding will be initiated against the Master and ISM Manager of the vessel and this proceeding may result in a penalty up to a maximum of EUR120,000. The Spanish marine authorities are very active in monitoring sulphur contents in marine fuel oils and penalties have already been imposed for Spain implements all EU and UN trade sanctions and does not have an autonomous sanctions regime. The trade sanctions adopted by the EU are implemented and/or adopted through national measures. The national competent authorities are responsible for establishing internal sanc - tions in the case of violation of restrictive meas - ures, granting exceptions, receiving and co- operating with other member states and acting as a liaison with the sanctions’ committees. The competent authorities in Spain are the Secre - tariat of Commerce and the Secretariat of Treas - ury, both belonging to the Ministry of Economic Affairs and the Secretariat of Taxes, belonging to the Ministry of Finance and Civil Service. limits being breached. 8.3 Trade Sanctions Spain has not published its own list of sanc - tioned individuals and entities and refers to the EU and UN lists. As an EU member state, Spain has implemented all of the sanctions imposed by the EU upon Rus - sia and Belarus that complement and extend the sanctions imposed between 2014 and 2020 and which were based on EU Regulation 833/2014 of 31 July 2014.
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