The Spanish State at sea

The lesson in plain words

1. Where the rules apply
   • The policing rules of Ley 14/2014, the Maritime Navigation Act, apply to every ship in waters where Spain has sovereignty, sovereign rights or jurisdiction (Ley 14/2014, art. 4).
   • They also apply to Spanish ships anywhere in the world, but other States' powers still count (Ley 14/2014, art. 5).
   • In this unit, ship means buque and craft means embarcación, a vessel without a continuous deck or under 24 m.
   • These Title I rules cover craft too, unless a rule says otherwise (Ley 14/2014, art. 6.2).
2. Sea zones
   • RDL 2/2011 is the Ports and Merchant Marine Act, a Real Decreto Legislativo, which is a decree with the force of law.
   • Its art. 8 lists the sea zones.
   • All distances run from the baselines, the lines along the coast where the zones start.
   • Interior waters lie inside them.
   • The territorial sea reaches 12 nautical miles (NM), the contiguous zone 24 NM and the exclusive economic zone (EEZ) 200 NM.
3. Innocent passage
   • Foreign ships in the territorial sea have innocent passage.
   • It must be quick and continuous, and must not threaten Spain's peace, public order or security (Ley 14/2014, art. 37).
   • Unauthorised research is not innocent.
   • Nor is the passage of a damaged ship that seriously threatens the environment (Ley 14/2014, art. 39).
   • The Government may suspend passage for a time, without discriminating between flags (Ley 14/2014, art. 42).
4. Foreign State ships
   • Foreign State ships, warships included, are immune from Spanish jurisdiction.
   • They answer only to their flag State, apart from the exceptions in international law and in Ley 14/2014 (Ley 14/2014, art. 50).
   • If a foreign warship in Spanish interior waters or the territorial sea breaks Ley 14/2014, the Armada (the Spanish Navy) calls on it to stop and, where appropriate, to leave without delay (Ley 14/2014, art. 54.1).
5. Entering Spanish ports
   • A foreign warship may enter interior waters and visit open ports only with Ministry of Defence authorisation, handled through diplomatic channels.
   • Other foreign State ships need the authorisation of the maritime administration (the Dirección General de la Marina Mercante and the Capitanías Marítimas).
   • Each is needed before every arrival (Ley 14/2014, art. 51.1).
   • If damage, bad weather or another urgent cause forces a State ship into port for safety, no prior authorisation is needed.
   • The commander informs the authorities without delay and follows their instructions (Ley 14/2014, art. 51.2).
6. Ships in port
   • Spanish civil and criminal courts have jurisdiction over foreign ships, except foreign State ships, while they are in national ports or other interior waters (Ley 14/2014, art. 12.1).
   • Jurisdiction continues when the ship has left interior waters and is in the territorial sea, and when she is detained outside it in hot pursuit, the chase of a ship that broke the law in Spanish waters (Ley 14/2014, art. 12.3).

Key data

Key points

• Innocent passage must be quick and continuous and must not threaten peace, public order or security.
• Foreign State ships, warships included, are immune from Spanish jurisdiction.
• A warship needs the Ministry of Defence; other State ships need the maritime administration.
• A forced arrival needs no prior authorisation, but the commander must inform the authorities.
• Court jurisdiction over a foreign ship continues into the territorial sea after she leaves port.

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Practice case & exam keys

Exam keys

1. 1Ley 14/2014: art. 37 innocent passage, art. 42 suspension, arts. 50–51 foreign State ships, art. 54 warship breach.
2. 2Zones from baselines: 12 NM, 24 NM, 200 NM (RDL 2/2011, art. 8).
3. 3Court jurisdiction over foreign ships: Ley 14/2014, art. 12.