Maritime Navigation Law 14/2014

LAW 14/2014, OF JULY 24, ON MARITIME NAVIGATION.
SUMMARY OF REQUIREMENTS RELATED TO DANGEROUS GOODS AND BILL OF LADING.

http://www.boe.es/boe/dias/2014/07/25/pdfs/BOE-A-2014-7877.pdf

Article 15. Ships carrying dangerous goods.

1. The handling and transport of dangerous goods shall comply with the provisions contained in the applicable international instruments on this matter, including the mandatory codes of the International Maritime Organization.
2. By regulation, special conditions for the entry and stay in port of ships carrying such goods shall be determined, as well as for their admission, handling, and storage both on board and ashore.

Article 32. Plans for preparedness and combating pollution. The Maritime Administration shall establish a national plan for preparedness and combating marine pollution to promptly and effectively address incidents of pollution by hydrocarbons or other harmful or potentially dangerous substances.

Article 33. Obligation to report pollution incidents.

1. The captains of national vessels shall promptly report to the Spanish Maritime Administration and the competent authority of the nearest coastal State any event of pollution by hydrocarbons or by harmful or potentially dangerous substances of which they become aware during navigation, in accordance with the procedures established by regulation.
2. The same obligation shall apply to the captains of foreign vessels navigating in Spanish maritime spaces.

Article 165. Mandatory certification and qualification.

1. The command and leadership of ships, as well as the performance of the position of officer on board, may only be entrusted to those who have the appropriate professional title certifying the necessary requirements regarding age, physical fitness, training, and competence, corresponding to each department and category in accordance with the treaties and regulations applicable.
2. In addition to other cases provided for by regulation, all members of the crew who are to perform functions related to the handling of cargo on tankers dedicated to the transport of petroleum or other especially dangerous or polluting substances, or any others related to navigation safety, must hold a special training certificate.

Article 232. Loading of dangerous goods.

1. Dangerous goods may not be loaded without prior declaration of their nature to the carrier, and without the carrier’s consent for their transport, and must in any case be marked and labeled by the shipper in accordance with the current regulations for each class of such goods.
2. If the shipper loads dangerous goods in violation of the previous paragraph, they shall be liable to the carrier and other shippers for all damages and losses caused; moreover, such goods may at any time be unloaded, destroyed, or rendered harmless as circumstances require, without entitlement to compensation.
3. Even in the case of correctly declared loading of dangerous goods, they may be unloaded, destroyed, or rendered harmless if they pose a real danger to persons or property, without entitlement to compensation, unless the carrier is responsible for the dangerous situation as provided for in the seventh section, or when their payment is required under general average rules.

Article 248. Mandatory mentions on the bill of lading.

1. At the time of delivery to the shipper, the bill of lading must contain the following mentions:
2. The name and surname or the corporate name and address or main establishment of the carrier.
3. The name and surname or the corporate name and address or main establishment of the shipper and, if the bill of lading is nominative, those of the consignee.
4. A description of the goods made by the shipper, including nature, identification marks, number of packages, and, where applicable, quantity or weight, as well as their apparent condition. If requested by the shipper, their value shall be included. If the goods are dangerous, this mention shall be prominently stated on the bill of lading. If the goods are in containers, cargo trays, or similar means, each container, tray, or similar means shall be considered as one unit, unless otherwise specified. If the goods may be carried on deck, this shall be expressly stated on the bill of lading.
5. The ports of loading and unloading of the goods and, in the case of multimodal transport, the places of commencement and termination of the transport.
6. The date of delivery of the goods to the carrier for transportation and, if agreed upon, the date or deadline for delivery of the goods to the appropriate location.
7. The place of issuance of the bill of lading and, if more than one has been issued, the number of original copies.
8. The bill of lading may also contain all those mentions or stipulations validly agreed upon by the shipper and the carrier.

Article 391. Preferential application of international conventions.

1. What is provided for in international conventions of which Spain is a party regarding civil liability for damage caused by pollution from hydrocarbons or harmful, dangerous, or toxic substances, or by ship fuel, shall take precedence within their respective scope.
2. The provisions of this chapter shall not apply to damage caused by radioactive or nuclear substances, which shall be regulated by their specific provisions.