The Spanish State at sea

The lesson in plain words

1. Permission to enter
   • This is a different question from clearance to sail.
   • RONM is the Reglamento de Ordenación de la Navegación Marítima, RD 186/2023.
   • Under RONM art. 27.1, a ship or craft entering Spanish maritime spaces is treated as authorised unless the Capitanía Marítima, the local maritime office, expressly denies it.
   • That applies to innocent passage, to a ship bound for port that has filed its integrated port-call request, and to waters with freedom of navigation.
2. Express entry
   • RONM art. 28 lists the ships that need express entry authorisation, for example ships with a breakdown, shifted cargo, fire or flooding, certain dangerous goods, or one that has asked for assistance or refuge.
   • The Capitanía Marítima grants it, except for assistance or refuge, which the Director General de la Marina Mercante grants (RONM arts. 28.d and 3.2.a).
   • Entry can also be prohibited (RONM art. 30).
3. The 48 hours
   • When authorisation is needed, the request is made at least 48 hours before arrival in Spanish maritime spaces (RONM art. 29.1).
   • Filing it outside that period is a serious offence (RONM art. 54.1.g).
   • RONM art. 29.1 gives no shorter period for ships in difficulty, and this lesson does not say how the 48 hours applies to a casualty.
4. Refuge and forced arrival
   • A place of refuge is a sheltered place where a ship in trouble can be made safe.
   • In arribada forzosa (forced arrival, an unplanned entry to port in an emergency), the owner, master or consignee (the ship's agent) tells the maritime administration why, and it checks the reasons (Ley 14/2014, the Maritime Navigation Act, art. 9).
5. A master's duties
   • A master must go to the aid of people in danger at sea unless this would put the ship, crew or passengers in grave danger, and must record it in the Diario de Navegación, the navigation log (Ley 14/2014, art. 183.3).
   • Nobody with an interest in ship or cargo may obstruct a decision the master judges necessary for life or the marine environment (Ley 14/2014, art. 184.1).
   • The master of a Spanish ship reports accidents at once to the nearest Capitanía or consul (Ley 14/2014, art. 186.1).
6. Salvage
   • Salvage is any act to help a ship, craft or floating device in danger, or to safeguard other property in danger, in navigable waters (Ley 14/2014, art. 358.1).
   • A useful result gives a right to an award, capped at the value saved (Ley 14/2014, art. 362.1).
   • In Spanish maritime spaces the maritime administration may direct operations, and its instructions bind master, owner, shipper and salvor (Ley 14/2014, art. 367.1).
   • An authority that only orders or supervises gets no award (Ley 14/2014, art. 360).

Key data

Key points

• Entry is treated as authorised unless the Capitanía expressly denies it (RONM art. 27.1).
• RONM art. 28 lists ships that need express entry authorisation from the Capitanía.
• The Director General decides requests for assistance or refuge.
• A master must aid people in danger unless that puts ship, crew or passengers in grave danger.
• Instructions of the maritime administration in a salvage bind master, owner, shipper and salvor.

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Practice case & exam keys

Exam keys

1. 1Entry: RONM art. 27.1 treated as authorised; RONM art. 28 express cases; RONM art. 29.1 48 hours.
2. 2Refuge: Director General de la Marina Mercante (RONM arts. 3.2.a, 28.d). Arribada forzosa: Ley 14/2014, art. 9.
3. 3Master's duties: Ley 14/2014, arts. 183.3, 184.1, 186.
4. 4Salvage: Ley 14/2014, arts. 358, 360, 362, 364, 367.