ROYAL DECREE LAW 9/2002, of 13 December, whereby measures
are adopted governing tankers carrying dangerous or polluting cargoes
Spain is a maritime country, situated at a crossing-point
of basic routes passing off Finisterre, via the Strait of Gibraltar
and the Canary Archipelago. Spain has always defended, both in the
International Maritime Organization (IMO) and the European Union,
the principle of making maritime safety a priority in itself, which
means, among other things, carrying out proper standardized inspections
in all ports and banning single-hull vessels from carrying petroleum
products. The Spanish Government's defence of these principles has
been constant in all international forums, and is governed, naturally,
by respect for international law.
Regarding the withdrawal from service of single-hull oil
tankers, the draft regulation submitted by the European Commission
in February 2000 and supported by, among others, the Spanish delegation,
relating to the withdrawal of single-hull oil tankers, was the following:
“Tankers carrying crude oil of 20,000 tons deadweight
or more and tankers carrying oil products of 30,000 tons deadweight
or more (...) shall not be able to operate after they reach the age
of 23 years, or after 1 June 2005, whichever is the earlier.”
This position was also debated within IMO in April 2001,
but was not finally incorporated into the text of European Parliament
and Council regulation 417/2002 of 18 February 2002, relating to the
accelerated introduction of standards requiring double hull or equivalent
design for oil tankers, which provided for a more extended time scale
for the replacement of such tankers. The approval of the Commission's
proposal, supported by Spain, meant that the Prestige was
able to continue to operate, although it had reached the age of 23
years in 1999.
Following the initiatives of the Spanish Government, the
European Union's Council of Ministers of Transport, Telecommunications
and Power, meeting in Brussels on 5 and 6 December, unanimously agreed
the adoption of a series of measures of supreme historical importance
for the safety of maritime transport and the prevention and combating
of ecological catastrophes such as those resulting from the sinking
or stranding of vessels like the Aegean Sea, Erika or
more recently the Prestige. The Council agreed that,
with immediate effect, heavy oils must be transported only in double-hull
tankers, and urged Member States to undertake not to admit to their
ports, terminals or anchorage areas any single-hull tankers carrying
such products. In addition, it urged Member States to adopt measures
enabling coastal States, in conformity with the international Law
of the Sea, to control or if necessary limit the passage of ships
carrying dangerous and polluting cargoes within a limit of 200 nautical
miles from their coasts.
In compliance with these initiatives the Government proceeded
to apply such measures immediately, and approved the present Royal
Decree-Law prohibiting single-hull tankers under any flag carrying
heavy fuel oil, coal tar, asphaltic bitumen or heavy crude oil from
entering Spanish ports, terminals or anchorage areas. Failure to comply
with this prohibition is considered an offence, subject to a penalty
commensurate with its seriousness. Finally, the Government is taking
steps to approve the provisions and adopt the administrative, organizational
and budgetary measures needed for their effective application. Likewise,
with a view to facilitating the changeover, application of the prohibition
has been postponed to 1 January 2003, while nevertheless requiring
that a vessel gives a minimum of twenty-four hours notice to the maritime
authority of its intention to enter a port, terminal or anchorage
area, so that the authority can exercise the necessary control or
guidance following the entry into force of this Decree-Law.
The immediate need for the measures agreed meets the criterion
of “extraordinary and urgent need” required for use of
the authorization contained in article 86 of the Constitution to introduce
measures by Royal Decree-Law.
By virtue of this authorization, and on the basis of the
proposal of the Ministry of Public Works and the earlier discussion
by the Council of Ministers at its meeting on 13 December 2002,
Article 1: Prohibition of entry into port
Single-hull oil tankers, whatever flag they may be flying,
carrying heavy fuel oil, coal tar, asphaltic bitumen or heavy crude
oil shall be prohibited from entering Spanish ports, terminals or
anchorage areas.
Article 2: Penalty regime
Failure to comply with the prohibition referred to in article
1 of this Royal Decree-Law shall constitute a very serious offence,
the penalty for which shall be a fine of up to 3 million euros.
Responsibility for the said offence shall be borne by the
physical or legal person resulting from application of article 118.2
of Act 27/1992 of 24 November, on State and Merchant Marine Ports.
The penalty procedure shall be governed by the provisions
of chapter IX of Act 30/1992 of 26 November of the rules Governing
Public Administration and Administrative Procedure, and by the provisions
of Act 27/1992 of 24 November on State and Merchant Marine Ports.
First final provision: Powers allocated to the Government
The Government shall approve the arrangements needed for
the development and application of this Royal Decree-Law and shall
adopt any administrative, organizational and budgetary measures necessary
for its effective implementation, as well as any measures for strengthening
control and inspection of ships carrying dangerous and polluting cargoes,
carried out by competent bodies of the Administration in conformity
with the legal regime in force.
The scope of application of the provisions of this Royal
Decree-Law shall be as defined in Community guidelines.
Second final provision: Repeal of norms
Any norms of equal or inferior status which are in conflict
with the norms established in this Royal Decree-Law are repealed.
Third final provision: Entry into force
This Royal Decree-Law shall enter into force on the same
day as its publication in the “Official State Bulletin”,
and the prohibition contained in Article 1 will be effective as from
1 January 2003. However, ships affected by the previous prohibition,
from the date of entry into force until the date of effectiveness,
will have to give the maritime authority at least twenty-four hours
notice of their intention to enter ports, terminals or anchorage areas
so that it can exercise the necessary control or guidance.
Given in Madrid, 13 December 2002.