Order FOM/1498/2014, of August 1, modifies Order FOM/1194/2011, of April 29, which regulates the integrated procedure for ship calls at general interest ports.
Published in: Official State Gazette (BOE) No. 194, of August 11, 2014, pages 64170 to 64193 (24 pages).
Section: I. General provisions
Department: Ministry of Public Works
Reference: BOE-A-2014-8624
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Article 8. Content of the DUE (Single Administrative Document).
- The DUE contains all the necessary information for the management of the ship’s call by the port authority, for the ship’s clearance by the maritime captaincy, and to comply with the information formalities established in Royal Decree 1334/2012, of September 21, regarding the information formalities required for merchant ships arriving at or departing from Spanish ports. It includes information about the ship and its consignee agent, the captain’s general declaration, the call, the ship’s stay in port, the crew, passengers, onboard waste, dangerous goods, and ship protection. The DUE is structured into a series of basic data, additional data, and a third set of data customizable by port authorities.
Port and maritime administrations and other competent public authorities, each according to their area of competence, may request, before, during, or after the call, the delivery or presentation of documents proving the information provided in the DUE.
- Ships under time clearance will not have to provide data regarding the captain’s declaration and the crew list, provided their submission is not required by other competent authorities, without prejudice to the obligation of the port authority to inform Ports of the State of the call request and Ports of the State to inform the Directorate-General for the Merchant Navy.
- The basic data of the DUE include:
a) Basic identifying data of the ship and the declarant, reference, if applicable, to time clearance, dates and data regarding the requested call, and, if applicable, berthing, anchoring, and operations to be carried out during the call.
b) Information on whether the ship carries dangerous goods in transit, for unloading, or for loading. In the affirmative case for transit and unloading, the berthing authorization will be subject to the receipt of specific documentation on such dangerous goods established in the Regulation on the admission, handling, and storage of dangerous goods in ports, approved by Royal Decree 145/1989, of January 20. The call declaration is equivalent to compliance with the notification established in Royal Decree 210/2004, of February 6, which establishes a system for monitoring and information on maritime traffic.
c) Information on whether the ship transports goods regulated by Royal Decree Law 9/2002, of December 13, concerning measures for tankers carrying dangerous or polluting goods.
d) Information on the transit of regulated materials referred to in the Explosives Regulation, approved by Royal Decree 230/1998, of February 16, and the Regulation on pyrotechnic articles and ammunition, approved by Royal Decree 563/2010, of May 7, from non-EU countries.
- The additional data, whose declaration must indicate the call number and the identification of the ship to which they refer, are as follows:
a) The technical data sheet of the ship, with its identification and technical data, its waste storage capacity, and information on the existence and validity of the required certificates. This technical sheet will be associated with a presentation or modification date that will serve as a reference for its association with the corresponding call requests.
With this data, compliance is achieved with the provisions of Article 4.1 of Royal Decree 210/2004, of February 6, which establishes a system for monitoring and information on maritime traffic, and Articles 9.1 and 2 of the Regulation governing inspections of foreign ships in Spanish ports, approved by Royal Decree 1737/2010, of December 23.
By submitting this data, the declarant ensures that this information is up-to-date and available to the maritime authority and port authority for the exercise of their respective competences.
b) Data corresponding to the crew list provided for in letter B of the annex to Royal Decree 1334/2012, of September 21.
c) Data corresponding to the passenger list provided for in letter B of the annex to Royal Decree 1334/2012, of September 21.
d) Data corresponding to the notification of waste and residues provided for in letter A of the annex to Royal Decree 1334/2012, of September 21. By submitting this data, the declarant confirms that it is correct and accurate and that the ship has specific onboard capacity to store all waste generated between this notification and the next port where it will deliver them.
e) Data relating to ship protection, which correspond to the notification of security information provided for in letter A of the annex to Royal Decree 1334/2012, of September 21, and as required by Royal Decree 1617/2007, of December 7, which establishes measures for the improvement of port and maritime transport protection.
f) Data corresponding to the notification of dangerous or polluting products on board and the «Dangerous Goods Manifest,» provided for in letters A and B, respectively, of the annex to Royal Decree 1334/2012, of September 21.
By submitting this data, the declarant confirms that they are available on board, and away from dangerous goods, the safety data sheet and the emergency intervention procedures provided in the material safety data sheet, in accordance with the provisions of letter B. a) of section 3 of Annex I of Royal Decree 210/2004, of February 6.
g) Data corresponding to the maritime health declaration provided for in Article 37 of the International Health Regulations-2005 (IHR-2005) and Article 6 of Order SSI/200/2013, of February 7, which approves the models of forms to be used in the medical area of external health.
By submitting this data, the declarant confirms that the declared information is accurate and truthful to the best of their knowledge and belief.
The ship must submit the maritime health declaration to the port authority, in accordance with the provisions of this order, which will send it to the public body Ports of the State. Ports of the State will, in turn, send it to the External Health System (SISAEX) of the Ministry of Health, Social Services, and Equality, and, if necessary, to the European Maritime Safety Agency (EMSA) or other Member States.»
- Port authorities may customize a third set of data for requesting port services and activities offered, whether provided directly by them or by other service providers, which they wish to request electronically along with the rest of the information formalities related to the ship’s call…