After the study of the German Ship´s registration system last month, this article will look at the Spanish registry. According to the Spanish Law, ships and vessels built or imported in Spain shall be registered in the Spanish Registro de Matrícula de Buques in the Capitanía Marítima of the maritime district. If not, penalties up to €120.202,42 can be levied.
Although this is only in theory, because our experience is that at least for private yachts, no penalties are charged for not recording in the Spanish Registry, as long as the tax obligations (VAT and Matriculation Tax) are duly fulfiled. The tax law has stricter preventive measures as it permits the authorities to seize the ship, until the tax and administrative situation of the vessel is regularised.
Recording (or flagging) of a vessel under Spanish Administrative legislation is an administrative act which grants all the rights and protection of the Spanish Laws, to boats that fly the Spanish ensign. It permits the State to record the vessel in the Spanish Ship’s Registry, and to exercise all the faculties or obligations related to the boat.
Unlike the German and the British system, the Spanish Ship’s Registrar has a peculiar and unique double registration system which is adopted in the Port’s Act (Ley 27/1992 de Puertos y de la Marina Mercante, hereinafter LPMM) and the Royal Decree of Ship’s Registry and Matriculation, Real Decreto 1989/1859 de abanderamiento, matriculación y registro marítimo):
a) On the one hand there is the Administrative Ship´s Registry administrated by the “Capitanía Marítima” or the Spanish Maritime Authority (the Registro de Matricula de Buques, or Registro Marítimo or Registro Administrativo). It is divided in 9 sections or Listas, the most common of which are Lista 6ª for charter, or Lista 7ª for private use. This is a public Registry and does not relate to commercial activities, although it does cover economic activity. If the vessel is in charter use, then besides being recording in the 6th List, the name of the company that is chartering also has to be noted..
b) On the other hand, the ship can also be recorded in the Commercial Ship’s Registry administrated by the Mercantile Registry (the Registro de Bienes Muebles Sección 1ª, also called Registro de Buques) and offers private juridical publicity erga omnes against third parties. It is part of the Mercantile Registry, and is therefore regulated under the rules of the Registro Mercantil..
The following documents have to be presented for the Spanish Ship Registration;
* The application with 3 names for the vessel
* Bill of sale (showing VAT)
* Deletion of the country of registration, only when the flag is changed.
* Original and copy of the user manual, and translation of its contents which show the make and model, series-no, length etc.
* Certificate of the motor, customs clearance for the engines, if the boat has come from EU or from the importer if it is from outside the EU
* Inscription (certification of sea worthiness/surveyors report)
* Copy of the DNI or residencia
* Matriculation tax payment (Unless the boat is less than 7.5 metres)
* Original of the conformity declaration (to Directive 94/25/EC ISO 6185, ISO EN 10087)
* Certification of sea worthiness/surveyor (cert. of tonnage survey) Declaration of Conformity (UE Homologation), Tonnage and Builder’s Certificate
* Fees of the inscription €16,60 (modelo 790)
The associated certification in these various roles and responsibilities was established to promote safety of life and property at sea and to protect the marine environment and seeks to ensure that seafarers on board ship are qualified and fit for their duties at sea.
Basic training under the Code is the mandatory minimum requirement for all seafarers, other than passengers, “employed or engaged in any capacity on board ship on the business of that ship”. The Basic Training Certificate has four components which include Personal Survival Techniques, Fire Fighting and Fire Prevention, Personal Skills and Social Responsibility, and Elementary First Aid and successful completion of these SCTW95 courses is now, as of earlier this year, also required for commercial endorsement of RYA certificates of competence.
Courses for Elementary First Aid (EFA) certificate run over one day and cover the basic principles of first aid, first response treatment of a casualty and basic life support. There are no entry requirements other than that candidates must be 16 years or more of age. Following this basic training, there are hierarchies of qualifications in the different skills required by more senior seafarers, and this month´s article focuses on the qualifications in first aid and in medical care.
The Medical First Aid (MFA) course provides more far-reaching first aid training than the EFA course, particularly for those designated to provide medical first aid on board ship. Candidates must be 16 years or more and must have at least six months sea service to be eligible for the course. Candidates are assessed during the practical exercises and via a multiple choice examination at the end of the course. Successful candidates receive a Proficiency in Medical First Aid certificate which is valid for five years.
The Medical Care on Board Ship (MCOBS) course, previously known as the Ships Captains Medical Course, meets the requirements for seafarers who are designated to take charge of medical care on board ship. The course covers advanced life support, disease management and efficient patient management and the role of radiomedical advice. Candidates must be 21 years or more and have a valid MFA certificate as well as at least eighteen months sea service. As in the MFA course, candidates are assessed during the practical exercises and via a multiple choice examination at the end of the course. Successful candidates receive a Proficiency in Medical Care certificate which is valid for five years.
The Update for Medical Care on Board Ship (UMCOBS) is a refresher course for the Proficiency in Medical Care and is required every five years. Recent communications with the UK Maritime and Coastguard Agency indicate that a date-expired Proficiency in Medical Care certificate is an acceptable prerequisite to take the Update course, although clearly an out-of-date certificate is no longer a valid qualification.
The MFA and the MCOBS (and Update) certificates form part of the formal requirements for seafarers seeking more senior positions at sea, but hopefully the training is also enjoyable and worthwhile. Sometimes health and safety regulations seem to stifle spontaneity and adventure (there are 231 pages in the SCTW Code of 1995.) A number of individuals do undertake health-related training for their own personal satisfaction or a personal risk assessment before long private voyages, sometimes with very limited crew numbers. The yachting industry has been relatively unregulated in the past but the climate is changing rapidly. At the same time, there are increasing opportunities for training on the island to provide seafarers at every level with the knowledge and skills to fulfil the worthwhile aims of SCTW95
In mid-November we were exhibiting at the Super Yacht Pavilion and the Global Super Yacht Forum at the Marine Equipment Trade Show (METS) in Amsterdam. The 20th edition of METS was huge this year, and visitor numbers had increased by 3,000 over last year. The total tally was nearly 20,000. If you are looking to buy anything at all for a yacht, then this is the place to come. It has everything you could possibly imagine being shown by over 1,100 exhibitors. However, there are no actual yachts for sale at the show, so all the stands are selling equipment without the distraction of glorious yachts!
From our electronics perspective, everything currently available on the market for yachts under 35m was on display, from navigation to communications to entertainment. Many new products are showcased at METS so there was a chance to see the latest innovations. As I mentioned last month, METS was the launch platform for a number of new products. We were also intrigued to see one exhibitor still promoting a product that they launched last year, but which doesn’t actually work. So, even though you see something that’s glossy and shiny it doesn’t actually mean it’s good.
The Super Yacht Pavilion is like the VIP lounge of METS, but without the access exclusivity. This is where, for the first time, we had our stand although we have of course visited every year. We found it superb, and will definitely be there next year. We were promoting communications technology with a focus on VSAT and Fleet Broadband. At this time of the year, our clients are heading for the Caribbean, and this year a good number are heading for the Indian Ocean. So we have been instrumental in making sure we can provide communication services in the Indian Ocean Region and have even extended our services to the south west Pacific.
The Global Super Yacht Forum was in the same building alongside the Super Yacht Pavilion and combined with METS was responsible for bringing a whole collection of key people in the super yacht industry to Amsterdam. The Forum has some very interesting subjects and panels, but on the whole was a little short on innovation.
After the show like many others in the industry, we took the opportunity to visit various yards, which is always useful and a treat when in Holland.
Then it was back home to Mallorca for a few days, and then off to Antigua from whence I have just returned. I can report that all over there are ready and waiting for the influx of yachts from the Med. There is a hope and expectation that as the East Caribbean dollar is tied to the US dollar, more yachts will be heading over there this winter. Will this be true? At METS I met Billy Smith, the CEO of Trinity Yachts, and when I suggested to him that he must be very happy with the dollar crash as many clients will be interested in building a new yacht in the USA, he said that their build slots were already full up to 2012 even before the dollar crash, and these new potential clients are not prepared to wait for a build slot in 2012!
Antigua was preparing for Charter Week, followed by the Superyacht Cup in mid December, both of which events will have taken place by the time you read this. At the Monaco Show in September, a handshake took place between government representatives of both Mallorca and Antigua to form a marine industry alliance. This was as a result of the Superyacht Cup being run in both locations. There has been very little publicity about this, but hats off to Patrick and Spike.
The various bars and restaurants were having their opening nights and a few yachts were arriving each day. There is a new air of optimism about, as the Antiguan government’s policy is to put a strong focus on the yachting industry. We met up with an old yachting friend who lives there, Andrew Blatter, founder and publisher of the excellent Superyacht Services Guide, which now covers both the Caribbean and the Mediterranean in separate editions, and is soon to have a US edition added to the stable. As a result of his work he knows everyone on the ground and was kind enough to introduce us to all the movers and shakers in the local yachting industry.
And now the part you’ve all been waiting for - Christmas gadgets. Gadgets and gizmos are fun at any time of the year, but at Christmas we don’t need to feel so guilty about indulging ourselves… Here’s a small selection of my current favourites.
You need to proceed with great caution when handling this equipment. It unleashes fire-power of indescribable proportions and is, by far, the most powerful of all Pinmar’s paintball products!! It is all because of the Paintball Shotgun's capacity to hold 20 paintballs and fire them at a range of over 60 feet. So here’s an excerpt from the instruction manual “Load your bio-degradable paintballs into the firearm's magazine. Lock into place and hold the Paintball Shotgun with both hands. Carefully scout out for your opponents yacht hiding in the marina or yard, and when you spot your target, squeeze the trigger. Your opponent’s boat will be covered in paint in no time, reasserting your dominance in the field of yacht painting showdowns. You may proceed to shout uncontrollably whilst beating your fists against your chest after use”.
As all we viewers of the Discovery Channel know, fishing is an extreme sport! If you spot the creature you want, then the Rocket Fishing Rod will make catching it a whole lot less troublesome and more fun. You see, the Rocket Fishing Rod eliminates the need for casting. It also incorporates a shotgun type mechanism which fires out the hook, line, and sinkers up to 30 feet. The baited hook sits within a unique capsule that releases it as soon as the capsule hits the water - this doubles as a float when in the water, alerting you to when your creature is biting the bait.
Note: you will need a fishing and shotgun license here in Mallorca unless of course you have your Class 4, then you can do anything.
This is the ideal Christmas gift for the man in your life – provided he is able to read! Apparently the problem with most men these days is that they know very little about the really important life skills. They may be able to exfoliate and download all that modern stuff, but, faced with a dripping tap or fish that needs gutting, most men will have to look it up in a book or sheepishly consult their antipodean friends!
Somewhere along the line, a vital communication link between fathers and sons has short circuited. All the marvellous skills the older generation mastered, all the wisdom of a lifetime spent fixing, catching, bludgeoning stuff to death, have somehow failed to transfer to the modern man.
Indeed Nick Harper reached the age of thirty-two before realising he didn't even know the basics, so he scratched his head for a while before deciding to learn them. He covers the essentials, like how to wire a plug, win at arm-wrestling, choose a suit, bleed a radiator and dance without looking like a hopeless moron. Then there are the more interesting skills, like how to throw properly (and not like a frilly girl), how to fend off a dangerous beast (including dogs, sharks, angry bulls and alligators), how to rip a phone book in half with your bare hands, and how best to jump from a speeding train…..