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Regulation (EU) 996/2010 establishes a series of measures which ensure a high level of efficiency, diligence and quality regarding research into safety and which provide assistance to the victims of air accidents and to their families.
In order to improve air safety and prevent accidents, each member state will guarantee that research into safety aspects is carried out by a permanent national authority and that a European network of authorities in charge of safety research is established. Research into safety will not under any circumstances seek to determine culpability or liability and will be independent and will be conducted separately and without prejudice to any legal or administrative proceedings designed to determine culpability or liability. An annual national report into air safety will also be published.
DIRECTIVE 2010/65/UE OF THE EUROPEAN PARLIAMENT AND COUNCIL, OF 20 OCTOBER 2010, REGARDING FORMALITIES FOR THE PROVISION OF INFORMATION REQUIRED BY SHIPS ON THEIR ARRIVAL AT OR DEPARTURE FROM PORTS IN MEMBER STATES
To achieve a European maritime transport area without any barriers and reduce shipping companies' administrative workload, formalities regarding information required by the European Union and member states need to be simplified and brought into line with one another. This ruling establishes that electronic data transmission media must be used generally for all information formalities as soon as possible and, at the latest, by 1 June 2015, in line with the international rules drawn up by the FAL Agreement.
The SafeSeaNet systems established at national and European Union level must facilitate the reception, exchange and distribution of information regarding maritime activities between the information systems of the member states.
Ships operating between ports located within the European Union customs territory do not have to transmit the information referred to in the FAL forms if these ships do not originate from, make stop-overs in or are not on course for a port situated outside this territory or to a free zone subject to type I forms of control for the purposes of customs legislation, without prejudice to the European Union legal agreements that apply and to the information that member states may require to protect internal security and order and to apply customs, tax, immigration, environmental and health-related legislation. Exemptions to the administrative formalities must also be authorised based on a ship's cargo and not solely on its destination or point of departure.
LAW 41/2010, OF 29 DECEMBER 2010, REGARDING PROTECTION OF THE MARITIME ENVIRONMENT
Directive 2008/56/CE, of 17 June 2008, which establishes a framework for community action concerning marine policy, is incorporated into Spanish law through Law 41/2010, of 29 December 2010, regarding protection of the maritime environment. The Law establishes the legal system which governs the adoption of the necessary measures to place and maintain the marine environment in good conditions, through its planning, conservation, protection and improvements to it. Regulations have been incorporated regarding the dumping of material into the sea from ships and aircraft, the burning of waste in the sea and the placing of material on the sea bed, in accordance with the Barcelona Agreement regarding the protection of the marine environment and the Mediterranean coast, the OSPAR Agreement, regarding the protection of the marine environment in the north-east Atlantic, and the London Agreement (Agreement regarding the prevention of sea pollution through the dumping of waste and other materials) and its Protocol.
THE UNIVERSAL POSTAL SERVICE LAW 43/2010, OF 30 DECEMBER 2010, REGARDING THE RIGHTS OF USERS AND THE POSTAL MARKET
The law implements Directive 2008/6/CE, of 20 February 2008, which amends Directive 97/67/CE of the European Parliament and Council, of 15 December 1997, regarding the common rules for the development of the internal postal services market in the Community and improvements to the service.
The Law regulates the universal postal service which is defined as a set of quality postal services determined by the Law, provided permanently throughout the national territory and at a price that is within the reach of all users; it excludes from its scope of regulation services that are provided under the self-provision system and those relating to items sent without the addressee's postal address; it adds new rights for users which include the right to information about the postal services and to claims lodged through effective procedures.
The Sociedad Estatal Correos y Telégrafos, Sociedad Anónima is appointed operator for a period of 15 years; a fund has been created to ensure that the universal postal service has sufficient finances; declared as jointly liable with the postal operators for postal infringements committed by its employees are anyone succeeding the postal operator in the performance of its work, and its de facto administrators or administrators by law.
ROYAL DECREE 1593/2010, OF 26 NOVEMBER 2010, WHICH AMENDS ROYAL DECREE 210/2004, OF 6 FEBRUARY 2004, WHICH ESTABLISHES A SYSTEM FOR MARITIME TRAFFIC MONITORING AND INFORMATION
The aim of this Royal Decree is to complete the incorporation into Spanish law of Directive 2009/17/CE of the European Parliament and Council, which amends Directive 2002/59/CE, which essentially seeks to implement and use technical advances to achieve a more efficient system for the control of maritime navigation that brings the freedom to sail into line with maritime safety and the preservation of the marine environment.
This Directive introduces the use of the community maritime information exchange system, known as SafeSeaNet, a system which comprises a data exchange network and a standardised version of the main data available about ships and their cargoes, enabling precise and up-to-date information about ships sailing in community waters to be located quickly and sent to the maritime authorities.
ROYAL DECREE 1737/2010, OF 23 DECEMBER 2010, WHICH APPROVES THE REGULATION THAT REGULATES INSPECTIONS OF FOREIGN SHIPS IN SPANISH PORTS
Royal Decree 1737/2010, of 23 December 2010, incorporates into Spanish law Directive 2009/16/CE of the European Parliament and Council, of 23 April 2009, regarding the control of ships by the state which governs the port, and repeals Royal Decree 91/2003, of 24 January 2003. The aim of this Royal Decree is to regulate inspections of foreign ships in Spanish waters by requiring stringent compliance with international and community regulations regarding maritime safety, maritime protection, environmental protection and living and working conditions on board ships of all flags. It also sets out common criteria for controlling ships and harmonising procedures used for their inspection and immobilisation.
INT ORDER/3215/2010, OF 3 DECEMBER 2010, WHICH REGULATES COMMUNICATION OF THE USUAL DRIVER AND LONG-TERM LESSEE TO THE VEHICLE REGISTER
This Ruling regulates the terms of the communications by the usual driver and long-term lessee to the Directorate General of Traffic Vehicle Register to enable Public Administrations to communicate penalties directly against whoever is the usual driver and not simply its holder-owner.
FOM ORDER/3386/2010, OF 20 DECEMBER 2010, WHICH ESTABLISHES THE RULES FOR HOLDING TRANSPORT ARBITRATION MEETINGS FOR THE DEPOSITING AND DISPOSAL OF GOODS
The Ministerial Order includes the circumstances in which transported goods may be deposited and disposed of, it establishes the procedure that must be followed to make the deposit and the auction and it determines who is responsible for meeting the costs of instigating it. Specifically, the deposit may be requested when impediments to transport arise, due to the addressee not being at the address indicated on the bill of lading, due to not taking charge of the goods under the conditions established in the contract, not undertaking the offloading procedures that apply to them or refusing to sign the delivery document, if the carrier was unable to request new instructions or was not given those that were requested; goods that are at risk of being lost or being seriously damaged, without there being time to deliver them or for their owners to take delivery of them or for them to give instructions regarding this, may be disposed of in any event. Also during the 10 calendar days as of the non-payment of the price and other transport costs, the carrier may request that the withheld goods be deposited and disposed of.
For parcel and similar transport, the law states that if the customs declaration of value is not made, the goods will be understood to have been abandoned if three months have elapsed after the date when their initial delivery to the addressee was attempted and no instructions have been received regarding their destination.
RULING OF 5 OCTOBER 2010, BY THE DIRECTORATE GENERAL OF THE MERCHANT MARINE WHICH PUBLISHES THE COUNCIL OF MINISTERS AGREEMENT OF 20 AUGUST 2010 WHICH APPROVES THE SPECIAL SEA RESCUE SERVICES FOR PERSONS IN DISTRESS AND MARINE ENVIRONMENT POLLUTION PREVENTION PLAN FOR 2010/2018
The Special Sea Rescue Services For Persons in Distress and Marine Environment Pollution Prevention Plan, which is valid for 2010/2018, reviewed in 2013, and effective as of 2014, has been created to consolidate the Spanish sea rescue and pollution prevention system.
The aim of the Plan is to safeguard, inspect and penalise those responsible for pollution, disseminate the culture of prevention, fund the development of a Response System for incidents and accidents at sea, create an institutional framework based on coordination and cooperation at international, national and regional level and foster Spanish leadership in marine issues, and promote innovation and applied research.
PUBLIC AID
For 2011, the Directorate General for Land Transport has set out the aid packages to reciprocal guarantee companies operating in the road transport sector, to independent road hauliers who have left the industry, and aid for road transport training through FOM ORDER/3191/2010, FOM ORDER 3192/2010 and FOM ORDER/3193/2010, all of 1 December 2010.
THE EU INTERVENES AGAINST DRIVERS WHO COMMIT OFFENCES ABROAD
EU Transport Minister have reached an agreement designed to penalise drivers for offences that they commit abroad, especially speeding, jumping red traffic lights, not wearing seat belts and drink-driving. The aim of this measure is to put an end to the customary practice of foreign drivers not being pursued when they return to their country of origin.
RULING IRP/4155/2010, OF 21 DECEMBER 2010, WHICH ESTABLISHES REGULATION MEASURES FOR TRAFFIC AND GOODS TRANSPORT BY ROAD IN CATALONIA FOR 2011 (OFFICIAL GAZETTE OF THE CATALAN GOVERNMENT OF 31 DECEMBER 2010)
Measures for the regulation of traffic and transport in regional Catalan demarcations for the period from when this Ruling came into effect until 31 December 2011 constitute restrictions on authorisations of testing and sports and recreational activities; traffic prohibitions on Catalan interurban public highways on the dates, at the times and on the stretches of road indicated in Appendix B of the Ruling 1) for goods transportation vehicles, except for those transporting livestock, fresh milk or rubbish with or without charge, as well as those transporting water for human consumption through mobile cisterns, postal services and daily press distribution; 2) for general goods transport vehicles that cannot use the AP-7 motorway to France, except for vehicles or vehicle groups of all types of MMA for refrigerated, perishable goods and livestock transport; 3) for vehicles that require special administrative authorisation, due to their size, dimensions or load; 4) for special works machinery-type and services vehicles and self-elevating machinery vehicles, except those which provide assistance to vehicles that have broken down or been in an accident; 5) for vehicles that have to carry regulation orange danger panels and vehicle groups of all types of MMA, which cannot use the roads either stipulated in Section 3 of Appendix D of this Ruling.
The Ruling also sets out the routes for dangerous goods, as well as additional restrictions due to weather conditions that may endanger road safety and for tunnels, with special mention for the Cadí tunnel.
A general systems of exemptions to the restrictions is also established, including authorisations for testing and sports and recreational activities with a social purpose or of a traditional nature, special permanent or temporary authorisations and exemptions from exceptional or emergency situations.
LIABILITY FOR A CONCESSION HOLDER REGARDING TRAFFIC CONGESTION AFFECTING THOUSANDS OF USERS. SUPREME COURT RULING (CIVIL COURT, SECTION 1) RULING NO. 473/2010 OF 15 JULY 2010
The Ruling sentences the AP1 (Burgos-Armiñon) motorway concession holder for their negligent actions during the snowy conditions on 27 and 28 February 2004, as it finds that it did not act with the due diligence nor did it preserve or treat the motorway in line with the weather conditions, nor did it resolve the tail-backs caused by the accidents that occurred. The existence of snow in winter cannot be considered an unforeseeable event, for which reason the concession holder is obliged to adopt maximum precaution to avoid or at least lessen the risk for traffic under these circumstances. The fact that this is the competent administrative authority to pass traffic regulations and adopt the emergency measures does not exempt the concession holder from its corresponding liability in line with its role of collaborator with the Administration as regards policing and road safety derived from its ownership of the road.
The Ruling sets the moral and equity damage suffered by consumers and users because of the situation they had to endure for hours in a snow and wind storm, stuck in traffic chaos, which left them feeling worried, anxious, despairing, frightened, extremely unhappy, uncertain and helpless, and established fixed financial compensation at € 150 and at the sum established in the Rates Table according to vehicle type. However, compensation will be paid to those who are considered consumers and users in accordance with the Consumers and Users Protection Act and this excludes those who may have used the motorway service in order to be included in production, transformation, sales and provision to third parties processes.
SUPREME COURT RULING (COURT OF JUDICIAL REVIEW, SECTION 6) RULING OF 10 NOVEMBER 2010
The Supreme Court passed the Ruling rejecting the judicial review appeal lodged by a maritime agent and ship consignee against the alleged appeal and subsequently express claim for personal liability of the legislator state for damages suffered to its equity derived from the payment of port fees during the 2002 financial year to Barcelona Port Authority covered by the rule which was declared unconstitutional and void, specifically Sections 1 and 2 of Article 70 of Law 27/1992 regarding State Ports and the Merchant Marine, in its wording passed by Law 62/1997, of 26 December 1997.
The Court ruled that through payment of the corresponding fee, the institution lodging the appeal accessed this port service (use of public domain or port service) and through this obtained the corresponding benefit which it incorporated into its equity. The declaration of unconstitutionality did not alter the equity situation of the institution lodging the appeal, nor were any detriment to equity or real and effective damages recorded. Besides this, the Ruling stated that the interested party may lodge claims for the fees paid, i.e. that undue payments be returned, since no legal regulation exists which covers settlement of the fee. In this case, incorporation of the service into the equity for which the fee was paid cannot be considered an unlawful source of income.
RULING OF THE SUPREME COURT OF CATALONIA, EMPLOYMENT TRIBUNAL 14 MAY 2010. LEGAL SYSTEM THAT APPLIES TO SELF-EMPLOYED FINANCIALLY DEPENDENT EMPLOYEES WHO WORK IN TRANSPORT
The company unilaterally terminates the provision of services contract that it has had with a haulier for over 14 years. TRADE has the right to receive compensation for damages, since the company has not recorded any non-fulfilment by the haulier.
