Supreme Court Ruling 173/2026, of 5 February: Expiry of the Time Limit in Article 3.6 of the Hague-Visby Rules and Limits on the Scope of Case Law Doctrine

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The Civil Chamber of the Supreme Court, sitting in plenary session, handed down Judgment No. 173/2026 of 5 February (rec. 8008/2021), resolving the controversy over the legal nature of the one-year time limit for bringing liability proceedings against the carrier in international maritime transport of goods under a bill of lading following the entry into force of the Maritime Navigation Act of 2014 (hereinafter MNA).

The ruling confirms established case law: the time limit set out in Article 3.6 of the Hague-Visby Rules (hereinafter, HVR) is a period of limitation that cannot be unilaterally interrupted.

However, the actual scope of that statement requires careful reading of the resolution.

I. Facts of the case and procedural history

The dispute arose from the maritime transport of pharmaceutical products from Valencia to Durban (South Africa). During the pre-loading phase, the refrigerated container was incorrectly reprogrammed, resulting in the irreversible destruction of the goods.

The loader filed a lawsuit in March 2017, after having made out-of-court claims in 2016.

The Commercial Court upheld the claim, considering Article 286 MNA applicable and understanding that the period had been interrupted. The Provincial Court overturned the ruling, finding that the claim had expired in accordance with Article 3.6 HVR. The Supreme Court dismissed the appeal and upheld this latter conclusion.

II. The legal issue resolved: inapplicability of Article 286 MNA when transport is subject to HVR

The controversial issue was whether the entry into force of the MNA and, in particular, Article 286 thereof altered the legal nature of the annual period provided for in Article 3.6 HVR.

The Court’s answer is negative. When the transport contract is subject to the HVR, the regime applicable to the time limit is that of the international agreement itself.

The reasoning is based on two main ideas.

1.Prevalence of the applicable international regime

The ruling is based on the assumption that the defendant was subject to the HVR by virtue of its own Article 10, as it was an international transport under a bill of lading originating in a State Party. On that basis, the Court recalls that the MNA applies insofar as it does not conflict with international treaties in force in Spain (Article 2.1), and that Article 277.2 itself refers to the HVR as the applicable regulations governing the carrier’s liability in this type of contract.

Based on this approach, the Chamber concludes that Article 286 MNA is not applicable when the contract is subject to international agreement, whose regulatory precedence prevents an internal rule from altering the legal regime provided for in Article 3.6 HVR.

2.Continuity of case law and uniformity of interpretation

The second element of the reasoning is interpretative continuity. The Court recalls that the expiry nature of the time limit in Article 3.6 HVR constitutes established case law doctrine since the previous legislation came into force and that there are no reasons to modify it.

III. The argument for regulatory harmonisation and its limits

The ruling also invokes the coordination between national and international law proclaimed by the MNA. It could be interpreted that, in doing so, the Court is affirming that the nature of expiry must be maintained in general terms, regardless of the legal title under which the HVRs are applicable.

However, this conclusion does not necessarily follow from the resolution.

The argument of uniformity makes perfect sense when the international agreement operates as such and supersedes national law. However, this assumption does not necessarily apply when the HVR are not applicable by virtue of their own Article 10 and act solely by reference to Spanish law. In this context, the issue no longer lies in the primacy of international law, but rather in the interaction between domestic rules.

The ruling does not expressly address this scenario.

IV. What the judgment decides and what it does not decide

The actual scope of the doctrine established by the judgment must be precisely defined.

The Court establishes its criteria for cases in which the HVR are directly applicable as an international treaty, a circumstance that the ruling itself expressly states in the case under review. In this context, the normative prevalence of the international agreement determines the inapplicability of Article 286 MNA and leads to maintaining the expiry nature of the period provided for in Article 3.6 HVR.

A separate issue—which is not expressly addressed in the ruling—is that which could arise in cases where the HVR are not applicable under Article 10 of the Convention, but Spanish law governs the contract—for example, through the application of the Rome I Regulation—and the rules of the Convention operate by reference to Article 277 MNA as part of domestic law. In such a scenario, the relationship between Article 3.6 HVR and Article 286 MNA would no longer be one of the primacy of international treaty law, but rather one of interaction between domestic rules of Spanish law.

It cannot be ruled out that the Supreme Court had this hypothesis in mind when formulating its reasoning, but the fact is that it does not address it explicitly, nor does it allow us to conclude that it wished to rule on it. Consequently, it cannot be ruled out that, when directly confronted with a case in which the HVRs are applicable solely because of their incorporation into domestic law — and not as a prevailing international treaty — the Court itself could consider Article 286 MNA applicable and classify the period as subject to interruption, without this necessarily contradicting the doctrine established in this ruling.

V. Conclusion

Supreme Court Ruling 173/2026 clearly resolves the case submitted for its consideration: when international maritime transport is subject to the HVR pursuant to its own Article 10, the primacy of international treaty law excludes the applicability of Article 286 MNA as a rule capable of modifying the nature of the annual period.

However, the ruling neither confirms nor denies that this solution must necessarily be extended to all cases in which the HVR are applicable under Spanish law. Its doctrine is based precisely on the prevalence of the international agreement and on the uniform interpretation of that regime. Where this assumption does not apply — that is, when the rules operate solely as domestic law by legislative reference — the question remains open.

Transport Safety and the Role of the Independent Administrative Authority, in Connection with Law 2/2024 of 1 August

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Maritime, rail and air transport, in spite of technological and regulatory advances, continue to pose significant risks to human life, the integrity of means of transport, cargoes and the environment. In this context, the proper management of accidents and incidents is an essential element to strengthen safety in these strategic sectors.

Experience shows that well-structured prevention, control and response systems are vital. This need gave rise to Law 2/2024 of 1 August on the creation of the Independent Administrative Authority for the Technical Investigation of Railway, Maritime and Civil Aviation Accidents and Incidents. This law represents a significant step forward in the strengthening of investigation and control mechanisms in the field of transport safety in Spain, giving an essential role to a new body created for this purpose: the Independent Administrative Authority.

Law 2/2024 establishes the regulatory framework for the creation of this Authority, which is set up as an autonomous and impartial body. Its main objective is to investigate accidents and incidents in maritime, rail and air transport, not only to determine the causes of each event, but also to make recommendations to prevent future accidents.

The establishment of this Authority responds to the need to guarantee investigations free from external interference, thus ensuring the objectivity of its actions and conclusions, based on the principles of functional independence, objectivity, transparency, prevention, confidentiality in the investigation, institutional and international cooperation and access for victims and interested parties.

Furthermore, the new regulation reinforces Spain’s commitment to international standards, such as those established by the International Maritime Organisation (IMO), for the maritime sector, the International Civil Aviation Organisation (ICAO) for the aviation sector and the Intergovernmental Organisation for International Carriage by Rail (OTIF) for the railway sector.

Focusing on its functions, the IAA has a number of key responsibilities, among them:

  1. Impartial and technical accident investigation: The Authority will be responsible for analysing each technical incident or accident in all three modes of transport (maritime, air and rail), collecting all relevant data and making a technical assessment to determine the causes. Such an investigation shall be carried out with maximum transparency, allowing access to information to victims directly involved in the investigation in question, as well as to other interested parties.

It cannot be overlooked that the investigation of accidents and incidents is a detailed and complex process involving the collection of evidence, interviews with the parties and witnesses, and the development of a technical analysis of the means of transport involved and their protocols of action, one of the main objectives being to identify the underlying causes of accidents and incidents. These can be of a technical, human, organisational or infrastructural nature.

  1. Preparation of reports and recommendations: Following the investigation, the IAA will issue detailed reports and suggest corrective measures which will be published on the Authority’s website for public knowledge. Safety recommendations should not constitute a presumption of fault or liability for an accident or incident and may relate to deficiencies which are not the cause of the accident. It will not be necessary to wait for the publication of the final report before making safety recommendations.
  1. Collaboration with other institutions: The technical investigation of accidents and incidents shall be independent of any other administrative, judicial or parliamentary proceedings in relation to the occurrence under investigation, and IAA staff involved in the investigation shall not form part of other teams, groups or areas of investigation of the incident unless explicitly agreed by the Authority. However, in order to ensure that the different procedures are carried out efficiently, the Authority will maintain the necessary collaborative relationships with the institutions with competences related to the accident or incident subject to a technical investigation (the Spanish Courts, the Judiciary, the Public Prosecutor’s Office and other Technical Investigation Authorities).

Similarly, the IAA may participate or accept an invitation to participate in the investigation of an accident or incident outside Spanish territory, which will undoubtedly be of benefit not only to itself but also globally by being able to share knowledge and experience with authorities or institutions in other countries.

  1. Training and awareness-raising: In addition to research, the IAA will conduct training and awareness programmes for maritime, aviation and rail stakeholders to reduce accident risks and enhance an international safety culture.

Focusing on the particularities of each sector regulated by the Law, we would like to highlight the following points:

  • Railway sector: Rail transport poses risks related to derailments, collisions, accidents at level crossings, damage caused to people by rolling stock in motion, fires, technical failures of structural subsystems, components of the railway system, among others. Therefore, the IAA shall investigate serious railway accidents occurring on the General Interest Railway Network defined in Law 38/2015, of 29 September, on the Railway Sector.
  • Maritime Sector: In maritime transport, the Authority shall investigate very serious and serious maritime accidents involving vessels flying the Spanish flag, irrespective of the location of the accident, as well as accidents occurring in the Spanish territorial sea or internal waters, as defined by UNCLOS / CONVENTION, irrespective of the flag of the ships involved in the incident, or those affecting substantial Spanish interests, irrespective of the location of the incident and irrespective of the flag of the ships involved and the installations or infrastructure used for operations related to research and exploitation of hydrocarbons in the marine environment (1). On the basis of Law 2/2024 of 1 August, the Authority excludes from its scope of investigation maritime accidents and incidents involving warships and other vessels assigned to or operated by the Armed Forces, State vessels providing exclusively non-commercial services, accidents and incidents occurring in non-maritime inland waters, and finally, to vessels without mechanical propulsion, wooden ships of primitive build, yachts and pleasure craft not used for commercial purposes, unless they are or will be crewed and carrying or will carry more than twelve passengers for commercial purposes and fishing vessels of less than fifteen metres in length.
  • Civil Aviation Sector: Civil aviation, not only because of its high technological and organisational complexity, but also because it has historically been required to do so, applies the highest levels of safety and security. The IAA shall assume responsibility for the investigation of serious civil aviation accidents and incidents (2), accidents and incidents occurring in Spanish territory or outside Spanish jurisdiction when a person of Spanish nationality has suffered relevant damage. 

CONCLUSIONS:

The creation of the Independent Administrative Authority (IAA) is a decisive step towards reinforcing transport safety in Spain, with a positive impact also on overall safety. By consolidating maritime, rail and air accident investigations into a single body, administrative efficiency is optimised, functional independence is guaranteed and Spain’s international safety position is strengthened.

This reform will not only facilitate impartial and rigorous investigations, but will promote a proactive approach to accident prevention, continuous learning and improvement, fully aligned with the principles of transparency, objectivity and continuous progress demanded by international standards.

  1. Royal Decree-Law 16/2017, of 17 November, establishing safety provisions for the research and exploitation of hydrocarbons in the marine environment.
  2. Regulation (EU) 996/2010 of the European Parliament and of the Council of 20 October 2010.

AIYON Abogados commemorates its 10th anniversary at its headquarters in Bilbao, marking the culmination of a great year of celebrations

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AIYON Abogados celebrates its 10th anniversary at its headquarters in Bilbao, after a decade in which it has consolidated its position as a national and international leader in maritime and transport law, reaffirming at all times its commitment to professional excellence and personalised service to its clients.

Our boutique firm celebrated its tenth anniversary with a wonderful event held at La Torre de Iberdrola on 2 October, attended by clients and partners, as well as representatives from the logistics and transport sector at national and international level. An event that brings a great year of celebrations to a close, after a decade of hard work and shared enthusiasm.

Founded in 2015 by a team of expert lawyers, all specialising in maritime law, transport, international trade and insurance, the firm has grown to have offices in Madrid, Cadiz and Algeciras, in addition to its headquarters in Bilbao, which hosted the event. Its multidisciplinary team of solicitors, with an average of more than twenty years’ experience in the sector, offers a comprehensive 360º legal service (24/7) within its areas of expertise, as well as in any other area of law with the help of its regular collaborators.

During these ten years of work, the AIYON team has demonstrated its ability to adapt to the challenges of the sector. Over the years, the firm has advised companies and professionals of all kinds, handling both small queries and actively participating in large-scale projects. In addition to being appointed to assist in major maritime accidents occurring at sea, the firm’s solicitors are at the forefront of new technologies being implemented in the sector, such as offshore platforms and, more specifically, floating offshore wind farms. Our close collaboration with local engineering firm SAITEC Offshore Technologies is proof of this.

AIYON Abogados has not only consolidated its presence in the domestic market, but we are also one of the main collaborating firms for numerous companies in the sector based in other countries, including multinationals and insurance companies with an international presence, prestigious law firms and P&I Clubs, and institutions such as the IOPC Funds (IMO). In this way, we position ourselves as a leading law firm, offering tailored legal advice and solutions.

In a global and constantly evolving environment, the solicitors at AIYON know that the sector always requires dynamic measures tailored to each case and each client. The five partners, Mikel Garteiz-goxeaskoa, Verónica Meana, José Antonio Domínguez, Enrique Ortiz and Zuberoa Elorriaga, whose work has been recognised by specialist British directories such as The Legal500 and Chambers & Partners, lead a team of young professionals who aspire to contribute to the firm’s growth in the coming years so that, in another decade, we can all once again commemorate the good work of our firm and its hallmark, which combines the serious, professional and dedicated practice of its profession with an approach that is always friendly and attentive.

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Closure of the II Advanced Arbitration Practice Course for Arbitrators, with recognition for creativity for Verónica Meana

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On September 27, 2025, the II Advanced Arbitration Practice Course, organized by CIAM-CIAR, came to a close, with our partner Verónica Meana among its participants.

The program provided an in-depth exploration of key issues in arbitral practice, including the validity of the arbitration agreement, the appointment of arbitrators, the duty of disclosure, emergency arbitrators and interim measures, the case management conference, the first procedural order, the taking of evidence, procedural incidents, allocation of costs, as well as the drafting of awards and possible challenges.

The experience proved to be highly enriching thanks to a top-quality program, flawless organization, and outstanding faculty. Verónica wishes to publicly express her gratitude to Juan Fernández-Armesto, Giulio Palermo, the CIAM-CIAR team —Marta Lalaguna, María Paula Jijón, Thalía Jiménez, and Stefano Lobatón—, as well as the rest of the faculty, for their academic excellence and dedication throughout the course.

At the closing ceremony, Verónica was honoured with the Extraordinary Award for Creativity, a recognition that is a particular source of pride for our firm.

MORUs and Maritime Law: A New Legal Challenge from a Spanish and International Perspective

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Mikel Garteiz-goxeaskoa, partner of AIYON Abogados S.L.P.

In recent years, the shipbuilding and energy industry has witnessed a profound transformation driven by the transition to sustainable energy sources. In this context, MORUs (Mobile Offshore Renewable Units) emerge as one of the key elements for the exploitation of renewable resources in the sea. These floating structures, designed to generate wind, solar, wave or tidal energy, represent a considerable technical advance, a challenge for the shipbuilding industry, but also, without doubt, a major legal challenge.

The Comité Maritime International (CMI), a non-governmental organisation in consultative status with the United Nations, has positioned itself as one of the main forums for the development of a uniform international legal framework for maritime affairs. Founded in 1897, the CMI’s main objective is the progressive harmonisation and unification of maritime law. In 2023, in view of the growth in the navigation of our seas by these new offshore structures, the CMI set up an international working group to study the legal status of MORUs and, in order to gather information on how these units are treated in different legal systems as part of this process, launched a questionnaire addressed to national maritime law associations.

The Spanish Maritime Law Association actively participated in this initiative, constituting a group of legal experts coordinated by Jose Sánchez-Fayos and myself. Its aim was to analyse the legal treatment of MORUs within the Spanish regulatory framework, the conclusions of which were presented at the Spanish Maritime Law Association National Congress held in Madrid in June 2025.

One of the central questions that arises when dealing with the MORU phenomenon is their legal status: are they legally ships or not? This is not a purely technical question as the answer will depend on whether or not essential maritime law regimes apply to them, such as the Convention on the Arrest of Ships, the LLMC maritime claims limitation regime, the rules on nationality and flag, maritime privileges or the possibility of being registered and mortgaged as a ship – essential for financing their construction. Ultimately, their legal qualification determines not only their administrative treatment, but also the legal architecture that guarantees their operation, financing, insurance and conflict resolution.

In the Spanish case, Law 14/2014 on Maritime Navigation establishes a typology of shipping vehicles that distinguishes between ships, vessels, naval artefacts and fixed installations. Most MORUs, not being self-propelled and not intended for navigation in the strict sense of the word, cannot be considered as ships. They do not easily qualify as vessels either. Thus, it can be concluded that most MORUs should be classified as naval craft, defined as floating structures not intended to sail, but capable of being towed and of accommodating persons or equipment.

This classification has important practical consequences as MORUs, identified as naval artefacts, can be entered in the Register – although this will require adjustment to accommodate them – and can benefit directly from the ship mortgage regime foreseen for ships. However, the 1999 Convention on Arrest of Ships does not apply to them, which prevents them from being arrested according to the procedures established for ships, something that we believe should be changed given the mobility of these artefacts.

On the other hand, as far as insurance is concerned, Article 406 of the Maritime Navigation Act admits the application of marine insurance to naval artefacts if they are subject to risks inherent to navigation, which opens the door to coverage during phases such as towing, installation or operation at sea.

Looking at the responses from other countries, France, for example, has recently passed the APER Law (2023), which explicitly excludes these structures from the concept of ship and creates a specific legal framework for them, recognising their stationary nature. Denmark, on the other hand, adopts a broader interpretation of the concept of ship, allowing MORUs to be registered as such in the Danish maritime register, which facilitates their insurance and financing. In the United States, the case law of the Supreme Court in Lozman v. City of Riviera Beach has set a standard by considering any structure that is reasonably capable of being used as a means of maritime transport to be a vessel, which has allowed some MORUs to be classified as such. In China, although the legal concept of ‘maritime mobile unit’ could be applied to MORUs, in practice there is still no possibility to register them as property in a public register. Brazil, on the other hand, allows their registration only if they are construed as vessels under the guidelines of the maritime authority.

As far as the registration aspects in Spain are concerned, it is noted that, for the time being, there is no specific framework in Spain that allows the registration of MORUs in the ship register of the Directorate General of the Merchant Navy as a category of its own, except by means of an analogue application. This is a major constraint that the DGMN should address as soon as possible so as not to prevent them from accessing financing through ship mortgages and using them as collateral in transactions. Furthermore, the absence of express recognition as ships limits their access to limited liability regimes, but not to the rights of innocent passage or transit through the sea, which are regulated by conventions such as the United Nations Convention on the Law of the Sea (UNCLOS).

The conclusions reached underline the need to adapt part of the Spanish -and in general, the international- legal framework to this new technological reality. It is proposed to review the registration regime and clarify its status in relation to liability, seizure and navigation rules. In short, the aim is to provide these units – essential for the energy transition – with the necessary legal security to operate effectively in international waters and in the exclusive economic zone of coastal states, as well as to ensure that there are no obstacles to their constructive financing, which is essential for their acceptance by the shipbuilding sector.

The emergence of MORUs is an opportunity for maritime law to evolve in step with technology. The work of the CMI and national contributions, such as in this case that of the Spanish Maritime Law Association group, constitute a fundamental first step in building a clear, predictable and future-proof legal framework for the sea.

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The Role of the Spanish Ports in Today’s Global Landscape

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In a context of geopolitical uncertainty marked by international conflicts and some crises inherited from 2024, Spanish ports have acquired a strategic role. Spain, with its consolidated maritime tradition, has become a key logistics hub within Europe, positioning itself as a global trade reference due to its geographical location and connectivity.

This is reflected in the growing economic impact of Spain’s general interest ports, which have significantly increased their contribution in recent years. According to a study on the economic impact of Spanish ports, they generate 24.3 billion euros and support 250,000 jobs, accounting for 2.2 percent of national GDP and 1.4 percent of total employment. Spain’s strategic position, at the crossroads of Europe, Africa and America, further reinforces its global logistics significance. The Strait of Gibraltar alone handles between 10 and 25 percent of global maritime trade, consolidating Spanish ports as critical infrastructures in international shipping routes.

Among the Spain’s main ports, the following stand out:

  • Santander/Bilbao: Essential for trade with the UK and Northern Europe.
  • A Coruña/Vigo: Key connections with the Americas, while facilitating north-south trade between Europe and Africa.
  • Algeciras: Spain’s largest port and one of Europe’s top transshipment hubs, maintaining critical links with Africa, the Americas and Asia.
  • Valencia: A leading container port, with strong commercial ties to China and Southeast Asia.
  • Barcelona: A crucial gateway to the Mediterranean and North Africa, with historically high cargo volumes.

This being so, recent geopolitical changes have significantly impacted Spanish ports, compelling them to redefine strategies and adjust priorities in response to new global challenges.

  1. US-China tensions. The expansion of China’s Maritime Silk Road has reinforced Beijing’s presence in the Mediterranean, reshaping trade dynamics. In 2025, new sanctions and ongoing technological disputes could disrupt trade flows, potentially affecting Spanish exports to Asia.
  1. The war in Ukraine and NATO expansion. The energy crisis has shifted trade benefits toward Mediterranean ports, often at the expense of Northern European hubs. Spain has capitalized on this shift by positioning itself as a key LNG importer from the Americas and Africa, leveraging agreements such as the EU-Egypt-Israel trilateral memorandum on natural gas exports to Europe.
  1. The Panama Canal crisis. A potential political crisis or rising transit costs through the Panama Canal could pose challenges for Valencia, Barcelona and Algeciras, which rely heavily on the canal for trade with South America’s Pacific coast. Any disruption could affect rout viability and overall trade volumes.
  1. Decarbonisation and the EU Green Deal. The shift towards a more sustainable maritime transport presents challenges. Spanish ports must adapt to stricter CO₂ regulations while ensuring they remain competitive in global trade.

In order to maintain their global position, Spanish ports must focus on key strategic areas.  Investing in modern infrastructure and digitalisation will be essential for adapting to evolving technological and environmental regulations. Strengthening rail and logistics connectivity will enhance landside efficiency and improve cargo distribution. Additionally, expanding the Green Maritime Corridor in 2025 will further consolidate Spain’s role in sustainable global trade.

Spanish ports must continue evolving towards a more sustainable, technologically advanced mode, fully integrated into international logistics networks.

Only by doing so will they successfully face current and future geopolitical and economic challenges, consolidating their position as key players in global trade.

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Algeciras Hosts the First Celebration of the 10th Anniversary of AIYON Lawyers

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On Thursday, 29 May, the entire AIYON Abogados team celebrated the firm’s 10th anniversary at an event held at the Hotel Alborán in Algeciras, attended by our clients and friends, as well as our regular collaborators, with whom we form a solid team of lawyers and experts.

At this pleasant event, we brought together leading operators and various stakeholders from the logistics and transport sector in Algeciras and the rest of the province of Cádiz, as well as some local authorities, to commemorate a significant milestone in our professional career.

Multiple local media outlets reported this news, which undoubtedly fills us with pride for the effort and dedication that the team has put into achieving this goal, but above all for its five partners, Enrique Ortiz (head of the Cadiz office), Verónica Meana (head of the Madrid office), Mikel Garteiz-goxeaskoa and Zuberoa Elorriaga (heads of the Bilbao office) and José Antonio Domínguez (head of the Algeciras office); partners who work side by side with the rest of the team in handling all kinds of matters related to their specialities.

Founded in 2015 in the city of Bilbao, AIYON Abogados is one of the few specialist law firms currently operating in Spain that provides advice in the areas of maritime law, transport law (both land and air), insurance law and international trade, addressing all of its clients’ legal needs thanks to a highly qualified and multidisciplinary team of lawyers and a network of trusted collaborators in other areas of law (criminal, tax, commercial, and labour), enabling them to offer a 360º legal service. In fact, last March, we were once again highlighted by the prestigious British legal guide Chambers & Partners in the category of ‘Shipping – Maritime Law’ for Spain, and we also contributed to the chapter on Maritime Law in Spain for the guide The International Comparative Legal Guides, 2025 (ICLG).

This is the firm’s first celebration in this momentous year 2025, which will be followed by a second celebration in Bilbao after the summer, serving as the grand finale to commemorate a decade of work and joint effort, with all eyes set on the next 10 years. Congratulations, AIYON Abogados!

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How is the Arrival of Stowaways in Spanish Ports Managed?

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We would like to thank the Catalan newspaper El Nacional.cat  for the collaboration of our colleagues Jose Antonio Dominguez Castro and Zuberoa Elorriaga for their article on stowaways.

Specifically, the Catalan newspaper reports on the arrival of stowaways in the Port of Barcelona on different ships, which poses a challenge for the different actors affected by this eventuality. Although the newspaper points out that the arrival of stowaways in the Port of Barcelona is scarce, it confirms that this does not mean that this phenomenon does not exist, but that it generally does not transcend despite the fact that it is a reality which, in the 21st century, is still present in maritime life and in the different Spanish and European ports. According to data from the Ministry of the Interior to which the publication had access, between 2016 and 2024 a total of 137 stowaways arrived at the Port of Barcelona: 11 (2016); 20 (2017); 15 (2018); 47 (2019); 15 (2020); 13 (2021); 9 (2022); 3 (2023), and 4 (2024). The authorities state that their provenance is unknown and point out that ‘they have embarked through unregulated procedures unknown to the ship’s captain’.

As El Nacional.cat points out, our firm, in collaboration with the shipowners involved, the responsible authorities, shipping agents and P/I clubs, has managed complex situations arising from this reality in Europe, which undoubtedly always pose a challenge for our team. In this sense, our partner José Antonio Domínguez , a lawyer from the Algeciras office with accredited experience in cases of management of stowaways arriving at the Port of Algeciras, explained in detail to the newspaper the multiple steps and actions that must be taken with all the agents affected once stowaways are detained on a ship on its arrival at a Spanish port, without forgetting the human factor that all this entails, as we are talking about people in an irregular and precarious situation who must be treated with respect and humanity.

Enrique Ortiz, Partner of AIYON Cadiz, Participates in the Round Table Organised by the Propeller Club of Algeciras

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On the 29th of April, an interesting meeting took place in Algeciras, organised by the Propeller Club of Algeciras, which brought together many of the most relevant members of the maritime and transport sector in the Bay of Algeciras, including Enrique Ortiz), our partner responsible for the Cadiz office.

The round table was attended by the presidents of the three major associations of companies operating in the Port of Algeciras, such as the Association of Service Companies of the Bay of Algeciras (AESBA), the Association of Freight Forwarders, International Forwarders and Similar of the Bay of Algeciras (ATEIA-OLTRA) and the Port Community of the Bay of Algeciras (Comport), and was moderated by Mr. Manuel Piedra.

During the meeting, José Antonio Fernández, Manuel Cózar and José Manuel Tejedor analysed the current situation, as well as the future of the logistics-port community of the Port of Algeciras. In general, the participants agreed in demanding better tools for the port facilities and the region in the form of better infrastructures, more space for the activity of the companies in the sector, as well as adequate and up-to-date training to improve the service provided.

The dismissal of Mr. Álvaro Rodríguez Dapena as president of Puertos del Estado, considered a strategic ally for Algeciras, also had a place in the round table. The president of Comport regretted that it is a ‘huge loss for the Port’.

Another recurring theme that was also discussed, and which not only affects the Port of Algeciras but all areas of logistics and transport at national level, was the shortage of qualified personnel in sectors such as consignment, customs or port services. The lack of a maritime-port training centre in the region was highlighted, as well as the urgent need to promote dual training, improve technical training and provide companies with more customs representatives.

In relation to the so-called ‘Green Strategy’ followed by the Port of Algeciras, the speakers advocated the need to advance in compliance with European regulations, but pointed out that some of the measures should have a ‘more practical’ sense in order to be able to adapt better to the needs of the operators.

In general, it was a very complete and pleasant meeting in which Enrique Ortiz was able to take note of the different aspects discussed, as well as to reinforce the links that our firm has with the community of the Bay of Algeciras, and its different actors.

Regulation (EU) 2023/1805 on Renewable and Hypo-Carbon Fuels in Maritime Transport

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Regulation (EU) 2023/1805 of the European Parliament and of the Council of 13 September 2023 on the use of renewable fuels and low-carbon fuels for maritime transport and amending Directive 2009/16/EC  represents a milestone in the transition towards more sustainable shipping in the European Union. In force since 12 October of the same year and applicable as of 1 January 2025, this regulation establishes new rules to promote the use of renewable and low-emission fuels in shipping within the EU. Its purpose is clear: to reduce greenhouse gas emissions and move towards the climate commitments of the ‘European Green Pact’ which aims to create a climate-neutral Europe by transforming the way we produce and consume.

Maritime transport, which plays a key role in the global and European economy as it handles 75% of the EU’s external trade and 31% of internal trade, has a very significant environmental impact, accounting for 3-4% of total CO2 emissions in the region.

Faced with this challenge, Regulation (EU) 2023/1805 outlines a roadmap for the decarbonisation of the sector, driving the transition to cleaner energy sources. This initiative will not only reduce pollution but also ensure the competitiveness and sustainability of maritime transport in Europe.

The Regulation lays down specific rules to reduce the greenhouse gas intensity of fuels used in maritime transport. One of its main features is that it applies to ships with a gross tonnage of more than 5,000 tonnes operating in EU ports, irrespective of their country of origin or destination. In addition, progressive emission reduction targets are set, starting at 2% from 01 January 2025 and gradually increasing to 80% by 2050 (1). To achieve this, it calls for the use of renewable and low-carbon fuels such as advanced biofuels, hydrogen, green ammonia and electricity. It also promotes the use of wind-assisted propulsion as a viable alternative.

That said, one of the key elements of the regulation is the obligation to use electricity in ports. From 2030, container and passenger ships will have to be connected to the electricity grid at the quayside to avoid the use of combustion engines while in port. This measure will significantly reduce air pollution in coastal cities and improve air quality for local residents.

The implementation of Regulation (EU) 2023/1805 will have a positive impact on the reduction of pollutant emissions in maritime transport. This legislation is expected to drive innovation in propulsion technologies and encourage the development of more sustainable fuels, consolidating Europe’s leadership in green solutions for the maritime sector.

However, it also presents challenges, especially in economic terms. Shipping companies will have to invest heavily to adapt their fleets to meet the new standards. In addition, the development of adequate port infrastructures to ensure the supply of alternative fuels and the implementation of efficient electrical systems will be crucial.

Sanctions and enforcement systems: To ensure compliance with the regulation, a penalty system known as FuelEU will be implemented, which will penalise ship operators that fail to meet emission reduction targets. In addition, compensation between vessels within the same company will be allowed to balance compliance levels and facilitate a more flexible transition to clean fuels.

In conclusion, Regulation (EU) 2023/1805 marks a turning point in the regulation of maritime transport in the European Union. With these measures, the EU reaffirms its commitment to the fight against climate change and its leadership in promoting sustainable solutions for global transport, a clear example of commitment to future generations and the planet.

The effective implementation of this regulation will undoubtedly depend on the joint efforts of authorities, companies and operators in the maritime sector, who will have to adapt to this new era of green and responsible shipping and, although the transition to a more sustainable maritime industry involves challenges in terms of costs and technological adaptation, the long-term environmental and economic benefits are unquestionable.

(1) The regulation sets concrete targets compared to 2020 levels: 2% less in 2025, 6% in 2030, 14.5% in 2035, 31% in 2040, 62% in 2045 and 80% in 2050.