IALACOLREG
Academy

Maritime law, rules and watchkeeping · Level P1 · 4 parts · about 12 min

Spanish maritime administration

4 short parts: Ministry and DGMM · Capitanía and port · Salvamento · Plans and regions. Each part explains the idea, then gives the points to remember, the common mistakes, a worked case and a practice question; the Academy unit adds all 22 check questions.

1 · Ministry and DGMM

The ministry and the DGMM

The transport ministry holds the rules for merchant shipping, and its Dirección General de la Marina Mercante looks after them. Start by learning the law's names.

The ministry and the DGMM

Reading the law names

The main law is the Ports and Merchant Marine Act. Its Spanish name is Real Decreto Legislativo 2/2011, written RDL 2/2011. An RDL is a decree with the force of law. An RD (Real Decreto) is a royal decree. The Maritime Navigation Act is Ley 14/2014. The Reglamento de Ordenación de la Navegación Marítima, RONM, is RD 186/2023. 'Art.' means article.

The ministry

RDL 2/2011, art. 263 gives the transport ministry the rules for merchant shipping. Fishing fleet activity and the fishing sector stay with the fisheries ministry.

An old name in the text

RDL 2/2011, art. 263 still says Ministerio de Fomento, but that ministry is now called Transportes y Movilidad Sostenible. The article text was not updated for the new name. The powers now sit with today's ministry, so read 'Fomento' that way whenever you meet it in RDL 2/2011.

The DGMM

Inside the ministry, the Dirección General de la Marina Mercante (DGMM) looks after merchant shipping. In this unit, 'the maritime administration' means the DGMM and the Capitanías Marítimas, the local maritime offices. The head of the DGMM, the Director General de la Marina Mercante, is also President of Salvamento Marítimo, Spain's public rescue body (RDL 2/2011, art. 271).

Marine civil servants

The Cuerpo Especial Facultativo de Marina Civil is a civil service corps attached to the ministry, in group A1, the highest civil-service group (RDL 2/2011, art. 278). To join, you need a qualification from the list in that article. Examples are a degree in nautical studies, a degree in naval machinery, or a title of Capitán (ship's master) or Jefe de Máquinas (chief engineer). These are not Salvamento Marítimo staff, who work under employment law.

Key figures

Name in the law / today
Ministerio de Fomento / Transportes y Movilidad Sostenible
Ministry powers
RDL 2/2011, art. 263; fishing fleet: fisheries ministry
DGMM and Salvamento
Director General is President of Salvamento (RDL 2/2011, art. 271)
Marina Civil corps
RDL 2/2011, art. 278; civil service corps, group A1

Remember

  • RDL 2/2011 is the Ports and Merchant Marine Act; Ley 14/2014 is the Maritime Navigation Act.
  • The RONM is RD 186/2023, the navigation regulation.
  • Read 'Fomento' in RDL 2/2011 as today's Ministry of Transport and Sustainable Mobility.
  • The maritime administration means the DGMM and the Capitanías Marítimas.
  • The Marina Civil corps are civil servants; Salvamento Marítimo staff are not.

Common mistakes

  • Wrong: Since the law says Fomento, that ministry must still hold these powers.

    Right: The text of RDL 2/2011, art. 263 was not updated for the ministry's new name. The powers now sit with Transportes y Movilidad Sostenible.

  • Wrong: Salvamento Marítimo staff are civil servants of the Marina Civil corps.

    Right: Salvamento staff work under employment or private law (RDL 2/2011, art. 273). The Cuerpo Especial Facultativo de Marina Civil is a separate civil service corps (RDL 2/2011, art. 278).

Worked case

You are reading a file on merchant shipping rules. One colleague says that RDL 2/2011 names Fomento, so its powers have lapsed. Another says a Marina Civil civil servant and a Salvamento Marítimo employee have the same status. A third asks which ministry deals with the fishing fleet. What do you tell them?

Show the answer

The powers have not lapsed. The article text was simply not updated, so read Fomento as Transportes y Movilidad Sostenible (RDL 2/2011, art. 263). The two people differ: the Marina Civil corps is a civil service corps (RDL 2/2011, art. 278), while Salvamento staff work under employment or private law (RDL 2/2011, art. 273). Fishing fleet activity and the fishing sector stay with the fisheries ministry (RDL 2/2011, art. 263).

Practice question

In a Spanish maritime law citation such as RDL 2/2011, what does RDL mean?

  1. Reglamento de Derecho Laboral, a set of rules for ship staff
  2. Real Decreto Legislativo, a decree with the force of law
  3. Registro de Documentos Legales, a list of maritime acts
  4. Resolución de la Dirección Local, a Capitanía instruction
Show the answer

Answer: B. RDL stands for Real Decreto Legislativo, a decree with the force of law. RDL 2/2011 is the Ports and Merchant Marine Act.

2 · Capitanía and port

Capitanías and port authorities

Think of it as safety at sea versus work inside the port. The Capitanía covers the first, the Port Authority the second, and some decisions need both.

Capitanías and port authorities

The Capitanía

A Capitanía Marítima (short: Capitanía) is the local maritime office. The law puts one in ports, or groups of ports, with enough traffic or safety needs (RDL 2/2011, the Ports and Merchant Marine Act, art. 266). Its head is the Capitán Marítimo, a shore official and not a ship's master. A Distrito Marítimo is a local unit under a Capitán Marítimo (RD 638/2007, art. 11).

What the Capitán Marítimo decides

Working under instructions from the Dirección General de la Marina Mercante (DGMM), the Capitán Marítimo authorises or prohibits ships entering and leaving Spanish maritime spaces (RDL 2/2011, art. 266.4.a). The Capitanía also sets safety anchorage zones, can close areas to navigation and directs ship inspections.

Clearance and the one exception

The navigation regulation, RONM (RD 186/2023), adds two points. The Capitán Marítimo and the heads of the Distritos handle clearance, the permission to sail (RONM art. 3.1). The Capitán Marítimo also decides entry and stay, with one exception: when a ship asks for assistance or refuge, the Director General de la Marina Mercante decides (RONM art. 3.2.a).

Port or Capitanía?

Each port is run by a port administration. In a State port this is the Port Authority (Autoridad Portuaria). The Capitán Marítimo controls entry into Spanish maritime spaces. The Port Authority controls entry into the port itself (Ley 14/2014, the Maritime Navigation Act, art. 7).

Anchoring

The port's service zone is the area assigned to the port. Inside it, the Port Authority assigns places to anchor. The Capitán Marítimo sets safety anchorage zones and may authorise anchoring outside the service zone (RDL 2/2011, art. 266.4.b).

Closing a port

The Port Authority orders a temporary port closure, but only after a Capitanía report (Ley 14/2014, art. 8.1). The maritime administration can also propose a temporary ban on navigation (Ley 14/2014, art. 8.2).

Key figures

Capitanía
RDL 2/2011, art. 266
Older texts
Capitán de Puerto means Capitán Marítimo (RDL 2/2011, add. prov. 3)
Entry to Spanish maritime spaces
Capitán Marítimo (RDL 2/2011, art. 266.4.a)
Entry to the port
Port Authority (Ley 14/2014, art. 7)
Port closure
Port Authority, after a Capitanía report (Ley 14/2014, art. 8)
Assistance or refuge request
Director General de la Marina Mercante (RONM art. 3.2.a)

Remember

  • The Capitán Marítimo is a shore official who heads a Capitanía, not a ship's master.
  • Capitán Marítimo: entry to Spanish maritime spaces. Port Authority: entry to the port itself.
  • A ship asking for assistance or refuge goes to the Director General, not the Capitán Marítimo.
  • Port Authorities run the port and its service zone. The Capitanía covers maritime safety beyond port limits too.
  • The Port Authority closes a port, but only after a Capitanía report.

Common mistakes

  • Wrong: The Capitanía authorises every anchorage, including those inside a port.

    Right: The Capitán Marítimo sets safety anchorage zones. Inside the port's service zone, the Port Authority authorises anchoring and assigns berths (RDL 2/2011, art. 266.4.b).

  • Wrong: The Capitán Marítimo decides every request to enter Spanish waters.

    Right: When a ship asks for assistance or refuge, the Director General de la Marina Mercante decides (RONM art. 3.2.a).

  • Wrong: The Capitanía closes the port on its own.

    Right: The Port Authority orders the closure after a Capitanía report (Ley 14/2014, art. 8.1).

Worked case

At a State port, Ship A wants to anchor 3 nautical miles (NM) offshore, outside the service zone. Ship B wants an anchor berth inside it. A rising gale may justify closing the port. Ship C, 40 NM away, reports flooding in her engine room and asks for assistance and refuge. Who decides each point?

Show the answer

Ship A: the Capitán Marítimo (RDL 2/2011, art. 266.4.b). Ship B: the Port Authority, within the safety zones the Capitán Marítimo sets. Closure: the Port Authority, after a Capitanía report (Ley 14/2014, art. 8). Ship C: the Director General de la Marina Mercante, not the Capitán Marítimo or the Port Authority (RONM arts. 28.d and 3.2.a).

Practice question

A ship wants to anchor in the Spanish territorial sea, in water outside every port's service zone (the area assigned to a port). Who can authorise it?

  1. The Port Authority of the nearest port
  2. The Capitán Marítimo
  3. The Director General de la Marina Mercante
  4. The regional government
Show the answer

Answer: B. RDL 2/2011, art. 266.4.b lets the Capitán Marítimo authorise anchoring in waters that are not a port service zone. Inside the service zone, the Port Authority decides.

3 · Salvamento

Salvamento Marítimo

Salvamento Marítimo is a public business entity, not a civil service corps. It rescues, fights pollution and watches traffic, and it can recover its costs.

Salvamento Marítimo

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 figures

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)

Remember

  • 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.

Common mistakes

  • Wrong: Rescue and clean-up are always free, so Salvamento can never recover costs.

    Right: It may take legal action for costs of services ordered or entrusted (RDL 2/2011, art. 268.3) and claim accident costs directly from whoever caused them (RDL 2/2011, art. 268.4).

  • Wrong: Salvamento Marítimo is a limited company owned by the State.

    Right: RDL 2/2011, art. 267 makes it an entidad pública empresarial attached to the ministry, working mainly under private law.

Worked case

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.

Practice question

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

  1. Nobody, because rescue is a free public service
  2. Whoever caused them, on supporting documents
  3. The Comisión Nacional de Salvamento Marítimo
  4. The autonomous community of the nearest coast
Show the answer

Answer: B. RDL 2/2011, art. 268.4 lets the entity claim the costs of such measures directly from whoever caused them.

4 · Plans and regions

National Plan, Commission and regions

Rescue is a shared public service. The Government approves a National Plan, a Commission coordinates the administrations, and regional plans follow its guidelines.

National Plan, Commission and regions

A shared public service

Rescue is a shared public service (RDL 2/2011, the Ports and Merchant Marine Act, art. 264). The State and the other competent administrations provide it, and plans and programmes coordinate them.

The National Plan

The Government approves the National Plan for rescue and pollution response (Plan Nacional de Servicios Especiales de Salvamento de la vida humana en la mar y de la lucha contra la contaminación del medio marino) (RDL 2/2011, art. 264.2). Sectoral and territorial programmes develop the Plan, and the ministry approves them (RDL 2/2011, art. 264.3).

Its three aims

The Plan coordinates the search, rescue and pollution response means of the different administrations and of public and private institutions. It sets up a maritime traffic control system covering the whole coast, through regional and local coordination centres. It also strengthens the existing means and trains the specialists who direct search, rescue and pollution response (RDL 2/2011, art. 264.2 a–c).

The Commission

The Comisión Nacional de Salvamento Marítimo is the coordinating body (RD 1217/2002, art. 1.2). It coordinates the administrations involved, looks into incidents between them and reviews how well the plans and resources work (RD 1217/2002, art. 2).

Autonomous communities

Autonomous communities are Spain's regions. Some took over maritime rescue in their statutes of autonomy. They then carry out State rescue law in the territorial waters off their coast, including the power to punish breaches (RDL 2/2011, art. 264.5). Regional plans must follow the National Plan's guidelines on mobilising and coordinating resources (RDL 2/2011, art. 264.2).

Key figures

Public rescue service
RDL 2/2011, art. 264
National Plan
Approved by the Government (RDL 2/2011, art. 264.2)
Programmes under the Plan
Approved by the ministry (RDL 2/2011, art. 264.3)
Commission
Coordinating body (RD 1217/2002, art. 1.2); functions in art. 2

Remember

  • The Government approves the National Plan; the ministry approves the programmes that develop it.
  • The Plan's three aims: coordinate means, control traffic along the whole coast, strengthen means and train specialists.
  • The Comisión Nacional de Salvamento Marítimo is the coordinating body.
  • Regional plans must follow the National Plan's guidelines on mobilising and coordinating resources.

Common mistakes

  • Wrong: A region that has taken over maritime rescue can ignore the National Plan.

    Right: Regional plans must follow the National Plan's guidelines on mobilising and coordinating resources (RDL 2/2011, art. 264.2).

  • Wrong: The Comisión Nacional de Salvamento Marítimo approves the National Plan.

    Right: The Government approves the Plan (RDL 2/2011, art. 264.2). The Commission is the coordinating body (RD 1217/2002, art. 1.2).

Worked case

An autonomous community has taken over maritime rescue. It drafts a plan that mobilises resources differently from the National Plan's guidelines, and it wants to fine someone who breached State rescue law in the territorial waters off its coast. A dispute between administrations follows. Sort out all three.

Show the answer

The plan must follow the National Plan's guidelines on mobilising and coordinating resources (RDL 2/2011, art. 264.2), so it must change. The fine is possible: the community carries out State rescue law in the territorial waters off its coast, including the power to punish breaches (RDL 2/2011, art. 264.5). The Comisión Nacional de Salvamento Marítimo looks into incidents between the administrations (RD 1217/2002, art. 2).

Practice question

An autonomous community has taken over maritime rescue in its statute. What does RDL 2/2011, art. 264 give it?

  1. It carries out State rescue law in its territorial waters, including sanctions
  2. It approves its own plan, which overrides the National Plan on resources
  3. It takes over the ships and staff of Salvamento Marítimo in its waters
  4. It sits on the Comisión Nacional only as an observer, without any vote
Show the answer

Answer: A. RDL 2/2011, arts. 264.5 and 264.2: the community carries out State rescue law off its coast, including sanctions, and its plans must follow the National Plan's guidelines.