Key elements of Draft Bill on reforming Maritime Shipping Law (LNM) and Revised State Ports and Merchant Shipping Law (TRLPEMM)

Spain - 11 / 23 / 2021

The process for draft bill on reforming the Maritime Shipping Law (LNM) and the Revised State Ports and Merchant Shipping Law (TRLPEMM) is still in progress. A few of its new provisions are featured below:

The following measures are adopted to make the Canary Islands Special Register of Vessels and Shipping Companies (REBECA) more competitive:

Clarifying that the mandatory 50% of seafarers who must be nationals of the EU or EEA must be calculated by reference to the minimum safe manning, not to the ship's crew;
Making it easier to employ private security staff on board vessels operating in high risk areas for piracy; and
Allowing the registration of pleasure ships if they are over 15 meters in length and are engaged in trade or charter activities.

Treating claims in respect of ship agent services as maritime liens, in the same way as the claims of ship suppliers and repairers.
Changing the minimum security required by courts to arrest a ship from 15% to 5% of the amount of the sought claim, except for salary claims for the ship’s crew for which no security will have to be provided.
Clarifying the bringing into line of the liability system for transport terminal operators with the system for carriers.
Amending the liability system for both-to-blame collisions with the result that now for the first time there will be joint liability for damage to cargo and joint and several liability only for personal injury to third parties.
Allowing guarantees to be required to secure the receipt of payments for mandatory exchanges of passenger tickets during the Gibraltar Strait Operation, a plan to organize the flow of traffic between Spain and Morocco over the summer months.
Creating the Special Register of Pleasure Ships for Ceuta and Melilla.
Creating a new notarial certification procedure in relation to the abandonment of pleasure ships.
Unifying the rules on mandatory insurance for all pleasure ships.
Providing a definition of unmanned ship, although subject to international approval.
Amending and updating the penalty rules in relation to maritime shipping and port matters.
Updating and recasting the provisions on inspection merchant shipping fees.