Spanish maritime administration

Decide

Question 1/1

Salvamento Marítimo cleans up pollution from a collision at the Spanish maritime administration's request. Whom may it claim the costs from?

The lesson in plain words

What it is
- The Sociedad de Salvamento y Seguridad Marítima, known as Salvamento Marítimo, is an entidad pública empresarial (a public business entity).
- It is a public body attached to the ministry that mainly works under private law (RDL 2/2011, the Ports and Merchant Marine Act, art. 267).
What it does
- It provides rescue, pollution prevention and response, traffic monitoring, and towing and assistance (RDL 2/2011, art. 268).
- The maritime administration, meaning the Dirección General de la Marina Mercante and the local Capitanías Marítimas, may also delegate training, teaching, testing and approval activities to it (RDL 2/2011, art. 268.2).
Who runs it
- The Director General de la Marina Mercante is its President (RDL 2/2011, art. 271).
- A separate Director, named by the minister, manages the entity (RDL 2/2011, art. 272).
Its staff
- Its staff come under employment or private law.
- Apart from managers, they are chosen by public call, on merit and ability (RDL 2/2011, art. 273).
- They are not members of the Marina Civil civil service corps.
Recovering costs
- When the maritime administration orders or entrusts it with a service, Salvamento may take legal action to recover the costs (RDL 2/2011, art. 268.3).
- After a maritime accident or incident, it may claim the costs of prevention, clean-up or other entrusted services directly from whoever caused them, on supporting documents (RDL 2/2011, art. 268.4).
The guarantee
- The administration may have required a guarantee (aval) to cover the costs of a clean-up or other accident or incident.
- That guarantee may be extended in favour of Salvamento, which may then enforce it to cover its own costs and those of third parties who helped (RDL 2/2011, art. 268.4).

Key data

Legal form: Entidad pública empresarial (RDL 2/2011, art. 267)
Services: RDL 2/2011, art. 268
President: Director General de la Marina Mercante (RDL 2/2011, art. 271)
Director: Named by the minister (RDL 2/2011, art. 272)
Staff: Employment or private law (RDL 2/2011, art. 273)

Key points

Salvamento Marítimo is an entidad pública empresarial, working mainly under private law.
It covers rescue, pollution prevention and response, traffic monitoring, towing and assistance.
The Director General de la Marina Mercante is President; a separate Director manages it.
Staff work under employment or private law and, apart from managers, join by public call.
It may claim entrusted accident costs directly from whoever caused them.

Check what you have read

Question 1/3

Who is President of the Sociedad de Salvamento y Seguridad Marítima?

True or false?

Decide each statement before you see the answer.

Salvamento Marítimo is a limited company owned by the State.
Staff work under employment or private law and, apart from managers, join by public call.
The Director General de la Marina Mercante is President; a separate Director manages it.
Rescue and clean-up are always free, so Salvamento can never recover costs.

Practice case & exam keys

Situation

After a collision, the maritime administration entrusts Salvamento Marítimo with cleaning up pollution. A private tug helps. The administration had required a guarantee (aval) from the shipowner for the clean-up costs. Whom can Salvamento claim from, and can the guarantee help?

Show the answer

Salvamento may claim its costs directly from whoever caused them, on supporting documents (RDL 2/2011, art. 268.4). If the guarantee is extended in its favour, Salvamento may enforce it to cover its own costs and those of third parties who helped, such as the private tug (RDL 2/2011, art. 268.4). Clean-up being a public service does not stop that claim.

Exam keys

Salvamento Marítimo: entidad pública empresarial, mainly private law (RDL 2/2011, art. 267).
Services and costs: RDL 2/2011, art. 268; direct claim in art. 268.4.
President: Director General de la Marina Mercante (RDL 2/2011, art. 271). Staff: RDL 2/2011, art. 273.