If you are importing or producing equipment for use on board Spanish vessels, you must ensure it is in conformity with this Royal Decree. This can be done through certification, inspections and documentation.
The equipment to which this Royal Decree applies may be shipped from another Member State if the Maritime Administration of Spain has issued an approval certificate or equivalence.
Certification
Certification is the process by which a manufacturer, or their authorised representative established in the EU, affixes the conformity marking to the product and draws up a declaration of conformity. The Maritime Administration can request it from the manufacturer.
The manufacturer, or his authorised representative, must ensure that the products comply with the type described in the EC type-examination certificate and with the testing requirements for them (module F). Once this is done, they must affix the conformity marking to the product and draw up a declaration of conformity.
In Spain, the National Institute of Standardization (UNE) and the National Agency for Quality and Norms of Standards (AENOR) are responsible for promoting and implementing the CE mark. They also develop and promote standards and participate in international and European standardization bodies.
Inspections
The Maritime Navigation Law (MNL) is the framework that regulates the activities of the maritime transport and the navigation, with the objective of guaranteeing compliance with the international conventions in force. It also lays down obligations on the registration and the titling of ships, as well as the control of their crews and vessels.
The MNL also regulates the carriage of passengers by sea and their rights. In this regard, it establishes a regime of liability and insurance for the carriage of passengers, which is based on the Athens Convention.
Moreover, Spanish law regulates the control of vessels, as required by international conventions on maritime safety and pollution prevention, as well as living conditions on board foreign ships using ports or facilities in Spain. In addition, it has ratified several international conventions pertaining to this matter, which, along with the regulations of this law, form part of the legal order. Among these are the International Conventions on the Control of Harmful Anti-fouling Systems on Ships and the International Convention for Civil Liability for Bunker Oil Pollution Damage.
Documentation
There are a number of documents that must be produced in order to apply for the DECLARACION DE CONFORMIDAD EMBARCACION. These vary depending on the directive being applied to the equipment.
Generally, manufacturers must produce documentation for any equipment that may need to be imported into the EU. This can be either a technical or an operational document that explains the technical specifications and safety requirements of the product.
This information is necessary to help the European authorities understand the nature of the equipment and to verify that it conforms to the required standard. Typically, this is a document that includes an EU address where the product can be inspected by the EU authorities.
In addition, it must include the name and address of the manufacturer in the country that issued the Declaration of Conformity. This ensures that the Declaration is valid and that the product can be inspected by EU authorities without delay or inconvenience.
Requirements
Vessels that are new, irrespective of their flag, which are not registered in an EU Member State, and that are to be registered in Spain will undergo inspections by the Maritime Administration. This will be to verify that they have effective security certificates, comply with the provisions of this Royal Decree and bear the conformity marking or, in the judgment of that Administration, are equivalent to the equipment approved under this Royal Decree.
Aircraft flying logistics missions, not carrying VIPs, HAZMAT or cargo or passengers that might be controversial to Spain, may overfly, enter and exit Spanish airspace and use the bases specified in Annex 2 on quarterly blanket overflight clearances authorized by the Permanent Committee.
Other United States aircraft operated by or for the United States forces not included in the preceding paragraphs may be authorized to overfly Spanish airspace and use the bases specified in Annexe 2 as well as other Spanish bases, airfields and airports, requesting authorization through the Permanent Committee at least 48 hours in advance.
