On July 30, the Council of Ministers approved the draft bill to reform the Maritime Navigation Law (LNM) and the State Ports and Merchant Marine Law (LPEMM). We asked renowned Maritime Law expert José Luis Gabaldón, a contributor to NAUCHERglobal, about the bill.
This is a legislative project that has been in the works since 2020 but did not reach the Congress of Deputies because the extensive consultation periods with all interested sectors and political upheavals (elections, changes in government…) prevented it. Its approval now by the Council of Ministers and its introduction to Congress, I believe, is related to the government’s need to demonstrate its work, overshadowed or minimized by the bitter debates stemming from Pedro Sánchez’s investiture as president thanks to the votes of irredeemable parties like Junts or those with a murky past like Bildu. That said, I believe the bill is positive for the maritime sector—very positive. Naucher has already reported on the support of the powerful National Association of Nautical Companies (ANEN) for the part of the bill introducing new regulations for recreational vessels and boats, with innovative definitions and differentiated treatment for those used for commercial purposes.
Does the bill address the demands of shipowners regarding necessary reforms in the Canary Islands registry?
That issue is part of a separate legislative project, still pending approval by the Council of Ministers. I have the impression that the tense political situation will prevent its processing and that the bill now approved by the government is very unlikely to reach the Official State Gazette. I don’t have a crystal ball to predict the future, but I foresee that the bill will not complete its parliamentary cycle in this legislative term.
What would you highlight about the LNM and LPEMM reform bill?
To mention just a few aspects and setting aside for now the topic of recreational boating and matters concerning the economic regime of ports, the bill represents a significant improvement in the organization of Spanish maritime registries for ships and shipping companies, both ordinary and special, as well as ship documentation, introducing the Certificate of Registry to replace the current Registration Certificate and Navigation License. Additionally, it achieves better alignment between the LNM and LPEMM regarding definitions and concepts of ships and vessels, as well as Spanish maritime zones.
Regarding private law as regulated in the LNM, a new national privileged credit is established for ship supplies, repairs, and consignment, and several interpretation issues that were causing confusion are resolved. For example, the scope of application of the convention on civil liability arising from collisions is clarified, stating that its provisions will be preferentially applied by Spanish courts regardless of the ship’s flag, the nationality of the parties involved, or the location where the damages occurred.
Likewise, the delimitation of maritime claims that can be subject to limitation of liability is modified, abandoning its link to the unduly restrictive criterion of the “operation” of the vessel in favor of the broader and more accommodating concept of its “use and navigation,” in line with the applicable international convention, thus reverting to what was stated in the draft approved by the General Codification Commission.
Something about autonomous vessels?
Indeed, apart from the novelty of addressing this issue and considering that in law the precision of words is fundamental, the Project specifies that autonomous vessels must always be under the responsibility of a shipowner and a “remote operator,” whereas in the ongoing work at the IMO Legal Committee, reference is made to a shipowner and a “captain,” who may or may not be on board. It would be desirable for this issue to be addressed through amendments, and this will likely lead us to review the current training of nautical officers.
What do you dislike most about the current Maritime Navigation Law?
Undoubtedly, the First Final Provision regarding the so-called Rotterdam Rules, which, in my opinion, Spain rushed to ratify, as evidenced by the fact that 16 years after their adoption, only four other contracting states have joined, none from the EU and all of them small African countries. I believe Spain should denounce these Rules, as well as the Hague-Visby Rules, and instead ratify the Hamburg Rules, following the recommendation made in its time by the General Codification Commission. Subsequently, the necessary adjustments would be made to align the Maritime Navigation Law with the new and desirable regime applicable to the contract of carriage under a bill of lading.
It’s a shame that this bill doesn’t move forward.
We are living through tough years in Spanish politics. I insist: although I would very much like it, I fear this bill will not be approved by the Cortes in the current situation. I add, as Eduardo Albors stated in the interview you conducted with him in NAUCHER global, that, with few exceptions, Spanish politicians show little interest in the maritime world.
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