Maritime Administration and Regulations in Spain

Posted on Dec 8, 2024 in Law & Jurisprudence

Administration of the Autonomous Regions in Spain

Spain has 10 autonomous regions. The Merchant Navy policy addresses the following objectives:

  • The protection of safety of life at sea.
  • The protection of the safety of maritime navigation.
  • The protection of the marine environment.
  • The maintenance of public interest sailings.
  • Shipping services between ports or between different Autonomous Regions.

We distinguish three types of powers of the Autonomous Communities:

  1. Full competence in law, development, and implementation:
    1. Fisheries, Aquaculture, and Shellfish in Inland Waters.
    2. Maritime transport between ports or points of the Autonomous Community.
    3. Commercial Marinas not of general interest (Catalunya in Barcelona and Tarragona is one).
  2. Competence in development and implementation of state legislation:
    1. Planning and urban structures in the littoral.
    2. Dumping at sea, pollution issues in general.
    3. Management of coastal fisheries.
  3. Powers of implementation (enforcement of state law) in matters of:
    1. Ports of general interest.
    2. Salvage.

Institutional Administration

Institutional Management Concept

It is any sector of public administration bodies composed of a non-territorial character created by the Administration to fulfill a specific function or service.

Features:

  1. They are not limited.
  2. They follow a number of functions.
  3. They are created by some Territorial Administration to subordinate (TMB: Barcelona City Council; TV3: Generalitat; RTVE: State Administration).

They have been created to develop a specific function.

Institutional Structure of the Government

They are autonomous bodies; they have no specialty.

State Societies: There can be no doubt that we stand before the Public Administration.

It is divided into autonomous organizations linked with the Administration and works as a public service.

There are doubts if a state company is facing a public service, and instead, they are governed by private law. Territorial governments tend to use state societies for their activity and effectiveness because they are regulated and operate in the market as a private company or individual: the workers are hired without having to be officials, with consequent benefits.

State companies may be of 2 types (according to Article 6 of the General Appropriations Act):

  1. Commercial Companies (private) whose funds are in the majority of Public Administration: Transmediterranea general questions. They are Adm. Pub. for its regulation.
  2. Public Law Entities with legal personality that by law must adjust their activities to private law (single entity: for example, the Port of Barcelona, which by law, will cease to have a structure and be regulated by public a private company and/or individual).

Newsflash SASEMAR: Sociedad Estatal Maritime Rescue and Fire Fighting.

Major Government in the Maritime Sector

SASEMAR: Dedicated to Maritime Salvage and Pollution. Services: search, rescue and marine rescue, maritime traffic control, prevention and pollution control, trailer, and auxiliary vessels.

SASEMAR: Traffic Control, Salvage, Pollution

Governmental coordination center nationally in Madrid.

Instituto Social de la Marina (ISM): Social Security Management of seafarers.

Powers of the ISM

  1. Management and special arrangements for seafarers and control of the registration of businesses, and the registration and deregistration of seafarers.
  2. Working with the Treasury for fundraising for the Social Security special scheme for seafarers.
  3. Healthcare for seafarers and their beneficiaries in the ISM-owned stores throughout the national territory and in cases where coverage is not possible through agreements with the Social Security and Autonomous Communities.
  4. Healthcare for workers aboard ships through the Radiometers Center, hospital ships (Hope of the Sea), or agreeing to the evacuation to a hospital and/or repatriation of the injured.
  5. Other seafarer’s health, examinations prior to boarding of workers, inspection and sanitary facilities on board, and working conditions of seafarers.
  6. Has the purpose of promoting the welfare of workers and their families, attending training courses (scholarships), the orphans of seafarers, and housing development.

Corporate Governance

It is composed of individuals who fall into financial-sector groups (Chamber of Commerce) or professional (Medical Association), who develop a collective defense of all. The problem in Corporate Governance in practice is that it requires mandatory membership in a Corporate Governance in order to practice certain professions (doctors, engineers, officers of the Merchant Navy) or activities (commerce, industry, navigation), generally all university degrees.

Consulates and Consular

Harbor Master functions abroad, for any purpose.