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What it is

Bill that gathers all maritime navigation rules into one law

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 29 June 2012. Introduced by: Grupo Parlamentario Socialista.

Official title: Private member's bill for the General Law of Maritime Navigation.

Source: Congreso de los Diputados, file 122/000068· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would regulate all legal situations arising from maritime navigation. If no written rule applies, the uses of navigation come first, then the principles of the bill itself.
  2. It defines the Spanish maritime zones where its rules apply: internal waters, the territorial sea (up to 12 nautical miles), the contiguous zone (up to 24 miles) and the exclusive economic zone (up to 200 miles).
  3. It would regulate ships entering and leaving Spanish ports. Every ship needs a departure authorization, called Despacho Departure clearance: the maritime Administration's authorization every ship needs before setting out to navigate., and entry can be denied for public health or safety risks.
  4. It bans acts of pollution in Spanish navigation zones and requires the Administration to keep a national plan to prepare for and fight marine pollution.
  5. It distinguishes three vessels: the ship (with a continuous deck and 24 meters or more in length), the boat (smaller or without a continuous deck) and the naval artifact (a floating structure fixed in place, not meant to navigate).
  6. It defines the shipowner (Armador Shipowner in the legal sense: whoever possesses the ship and runs it for navigation under their own responsibility, even if not the owner.) as whoever possesses the ship and uses it for navigation, whether or not they own it. The shipowner is liable to third parties for the acts of the captain and crew.
  7. It regulates chartering, meaning the maritime carriage of goods, and sets the carrier's liability for loss, damage or delay, with compensation limits and a one-year claim period.
  8. It would allow preventive arrest of Spanish and foreign ships to secure maritime claims. To order the arrest, security of at least 15 percent of the claimed amount is required.

Who it affects

  • Shipowners, shipping companies and captains: They must follow the rules on navigation policing, departure clearance, safety and documentation, and they answer to third parties for the crew's acts.
  • Companies carrying goods or passengers by sea: They fall under a unified liability regime for loss, damage or delay, with capped compensation.
  • Shippers and cargo receivers: They get clear rules to claim against the carrier and the port operator for damage, loss or delay.
  • Ship passengers: They have recognized rights to information, assistance and compensation for delays, and the carrier must carry mandatory insurance on ships with more than twelve passengers.
  • Insurers and pollution victims: Liability insurance for pollution is mandatory, and victims have a direct action against the insurer.

Words worth knowing

Eslora
The length of a ship, measured from bow to stern.
Fletamento
Chartering: a contract under which someone carries goods by sea for a price called flete (freight).
Conocimiento de embarque
Bill of lading: a document proving the carrier received the goods, allowing its holder to claim them at destination.
Armador
Shipowner in the legal sense: whoever possesses the ship and runs it for navigation under their own responsibility, even if not the owner.
Despacho
Departure clearance: the maritime Administration's authorization every ship needs before setting out to navigate.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced29 June 2012Someone registers the text in the Congreso.
  2. Admitted3 July 2012The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Dec 2012Dec 2013Dec 201411. 29 June 2012: Presentación22. 3 July 2012: Boletín Oficial de las Cortes Generales Publicación desde 03/07/2012 hasta 06/07/201233. 3 July 2012: Calificación44. 6 July 2012: Gobierno Contestación desde 06/07/2012 hasta 06/10/201255. 6 October 2012: Pleno Toma en consideración desde 06/10/2012 hasta 27/10/201566. 27 October 2015: Concluido - (Caducado) desde 27/10/2015 hasta 20/11/2015

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.