“GREEN SHIPPPING”, 2050

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Like so many other industries, the maritime industry is heading or at least intends to head towards a gradual decarbonisation in this century. While it is true that, as published in the report of the United Nations Conference on Trade and Development (UNCTAD) on the analysis of maritime transport in 2023 (1), greenhouse gas emissions from the maritime sector have increased by 20% in the last decade, and that the sector operates a largely older fleet powered almost exclusively by fossil fuels, it is no less true that at the recent United Nations Climate Conference (COP28) in December 2023, numerous milestones were set in the interests of the longed-for decarbonisation.

In principle, the year 2050 has been set as the target date for the total decarbonisation of the sector according to the new strategy published by the IMO, which will undoubtedly require massive capital investment that could lead to a rise in the costs of maritime transport, and the consequent concern for all those island developing countries that are highly dependent on maritime trade.

The UNCTAD report stressed how environmental objectives will need to be balanced against economic needs, but in any case, the cost of inaction far outweighs the investment required. Similarly, it outlined how factors such as cleaner and more efficient fuels, and digital solutions such as AI or blockchain, are sure to play a key role in improving the sustainability and efficiency of maritime transport.

However, the question of who should be responsible for the transition to full decarbonisation is a complex one.

Well, it appears that the major flag states such as Liberia, Panama and the Marshall Islands will be responsible for meeting and enforcing the new green shipping standards, but in turn, the burden of making investments in alternative fuels, facilities to supply such fuels and more efficient and greener ships, falls on maritime operators in general, ports and the energy industry.

Some of the COP 28 milestones that may have the most potential to help achieve full decarbonisation in maritime transport are:

IN RELATION TO GREEN MARITIME CORRIDORS:
The US announced its partnership with the UK, Canada and Korea to form green shipping corridors for major shipping lanes.  In parallel, the US and Korea also announced that they are undertaking feasibility studies on the use of green ethanol or ammonia to power ships on selected routes.

The UK, for its part, also announced that agreements have been reached on green maritime corridors, including the creation of an International Green Corridors Fund hand in hand with the Netherlands, Norway and Denmark.

The pre-feasibility study of the Chilean Green Corridor has been completed and feasibility studies are underway.

ON ALTERNATIVE FUELS AND THE PROGRESS OF SHIPS:
The Pacific Blue Shipping Partnership (Fiji, Marshall Islands, Kiribati, Solomon Islands, Tonga, Tuvalu, and Vanuatu) – committed to the retrofitting/replacement of more than 11,000 vessels among the 7 member countries.

France announced a USD 800 million investment in green shipping innovations, as well as the creation of a USD 1.2 billion public-private investment fund as part of its national maritime decarbonisation plan, including already USD 500 million in public investment and USD 200 million from CMA CGM for investments in port infrastructure, sustainable marine fuel production, retrofitting and replacement of existing vessels and decarbonisation of the government fleet.

The US Department of Energy invested $7 billion in hydrogen hubs across the country, working in conjunction with several of its ports.

In light of this, together with the other milestones achieved at COP28, it is clear that the outlook for the maritime sector has changed significantly. Maritime transport maintains the lowest level of CO2 emissions per tonne/mile compared to all other types of transport, and the sector is certainly keen to maintain this position as other transport sectors decarbonise as well, having demonstrated at COP28 that shipping is making efforts to invest in and take advantage of the opportunities offered by the energy transition.

(1) Review of Maritime Transport 2023 | UNCTAD

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Sanctioning Powers of the Directorate General of the Merchant Navy (DGMN)

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Receiving notification of the initiation of an Administrative Disciplinary Proceedings is something that leaves no one indifferent, not only because of the final amount of the sanction, but also because of the general lack of knowledge that exists about the particularities of this administrative procedure.

Specifically, in this article we will analyse the characteristics of the Administrative Sanctioning Proceedings in the maritime field, as well as the sanctioning discretion of the Directorate General of the Merchant Navy (DGMN) in this regard.

COMPETENCE

The competence for the processing of a maritime Administrative Sanctioning Proceedings is stipulated in Annex II, article two of Royal Decree 1772/1994, of 5 August, which adapts certain administrative procedures in matters of transport and roads to Law 30/1992, of 26 November, on the Legal Regime of the Public Administrations and Common Administrative Procedure.

In accordance with this regulation, the Directorate General of the Merchant Navy, and the corresponding Maritime Harbour Master’s Office where applicable, will be responsible for the investigation and processing of an Administrative Sanctioning Proceedings.

PROCEDURE

The Administrative Sanctioning Proceedings of the Spanish maritime administration is generally governed by the same provisions that regulate such procedures for any other Spanish administration, i.e. by Law 39/2015 of 1 October, on the Common Administrative Proceedings of Public Administrations.

The Sanctioning Proceedings will be initiated once the irregularity has been noticed by the Administration, generally after an ocular inspection of the vessel or by a complaint from another competent authority, and the interested party or affected party must be notified of this Agreement to initiate the Administrative Sanctioning Procedure.

In the case in question, the competent body for sending this notification will be the competent Maritime Harbours Master’s Office of the place where the ship is located. In this communication, in addition to advising the parties concerned of the irregularity(ies) or deficiency(ies) identified and the possible rule(s) infringed, they shall also be required to provide a financial guarantee to terminate the detention of the vessel subject to the sanction, where this is stipulated. The guarantee shall remain deposited while the administrative procedure is being processed and at the expense of its outcome.

Following notification of the Agreement, interested parties shall have 15 working days to submit any observations they may wish to make. This period may be extended for a maximum period of 7 days beyond the expiry date, provided that the interested parties so request, and the Harbour Master’s Office authorises it.

Once the allegations of the interested parties have been reviewed, the Harbour Master’s Office will issue a Resolution Proposal, in which, in addition to identifying the precepts it considers having been infringed, it must also quantify them, thus determining the amount of the proposed sanction.

Interested parties shall have a further period of 15 days to make representations, should they consider it appropriate.

This point of the procedure is very important, not only because it is the procedural moment in which the Administrative Sanctioning File is transferred from the Harbour Master’s Office to the DGMN, which is ultimately responsible for issuing the Resolution, but also because it gives the interested parties the possibility of ending the process, by voluntarily acknowledging their liability and making prompt payment of the proposed amounts, in compliance with the provisions of Article 85 of Law 39/2015. Thus:

  • Voluntary acknowledgement of liability grants the interested party the benefit of a discount of 20% of the amount of the proposed penalty. However, on the other hand, it also obliges the interested party to renounce any subsequent administrative action or appeal.

In short, whoever acknowledges his or her responsibility for the alleged facts will lose the possibility of denying them in the future or appeal them.

  • Prompt payment of the penalty, before the Resolution was issued, entitles the interested party to a discount of 20% of the amount of the proposed penalty.

Both discounts are cumulative, and the interested party may therefore obtain a discount of at least 40% on the amount of the proposed penalty.

LIMITATION PERIOD

The Administration shall have a maximum period of 12 months from the date of issue of the Agreement to Initiate the Sanctioning Proceedings, to resolve the proceedings (1).

The lack of an express decision will result in the proceedings lapsing and they will be closed, which does not prevent a new one from being initiated if the possible infringements are not time-barred.

EFFECTS OF PROMPT PAYMENT ON THE DGMN’S DISCRETION TO IMPOSE PENALTIES

The power to impose penalties in the maritime field lies with the Ministry of Public Works, and more specifically in the hands of the DGMN, articles 263.k and 315.1.d of the Consolidated Text of the Law on State Ports and the Merchant Navy. There is an express obligation for the DGMN to resolve the procedure before the end of the one-year period granted for this purpose (art. 21 of Law 39/2015).

In fact, the jurisprudence of the Supreme Court (Judgment of 6 October 2022) is well known, confirming that until the competent Administration has issued an express resolution for the procedure, it will not have imposed any sanction, and may even incur the expiry of the actions when the time comes.

We highlight this fact, since the obligation to resolve provided for by law, together with the provisions of article 315.1.d. of the Consolidated Text of the Law on State Ports and the Merchant Navy, clashes with the usual practice of the sector, and more specifically with the right to prompt payment recognised by article 85 of Law 39/2015, which could turn the DGMN’s power into a merely declaratory power lacking any real power to impose a sanction.

Article 85 of Law 39/2015 on the Common Procedure of Public Administrations is clear in stating that “voluntary payment by the allegedly liable party, at any time prior to the resolution, will imply the termination of the procedure”. What is discussed in this case is the effect that article 85.2 of Law 39/2015 could have on the sanctioning power of the DGMN, according to article 315.1.d of Consolidated Text of the Law on State Ports and the Merchant Navy.

What we consider clear is that payment by the interested party should entail the Administration’s commitment to terminate the Sanctioning Proceedings, as is the case in other administrative sanctioning areas. The question to be asked is, how will the proceedings be terminated?

  • The first of the criteria shared by some of the professionals of the sector argues that, in those cases in which the interested party proceeds to make prompt payment of the proposed penalty and to recognise their responsibility, the DGMN may only terminate the procedure without modifying the Resolution Proposed by the Harbour Master’s Office in charge of the investigation of the proceedings.

The main argument defended by this current is that the fact that the DGMN retains the discretion to modify the amount of the sanction, once the interested party has acknowledged his liability and renounced his actions, having thus lost all possible means of defence, would place him in a situation of absolute vulnerability, due to defencelessness, incompatible with the Fundamental Right to effective judicial protection of article 24 of the Constitution. This trend is supported not only by the wording of Article 85 of Law 39/2015, but also by the Supreme Court’s Ruling 1830/2018, which was handed down on 19 February 2018, which interpreted Article 8 of Royal Decree 1398/1993 of 4 August 1993, which has the same content as the current Article 85 of Law 39/2015.

  • On the other hand, the DGMN and other professionals in the sector consider that the Consolidated Text of the Law on State Ports and the Merchant Navy, as a specific regulation of the maritime sector, should prevail over the general provisions contained in Law 39/2015, as the sanctioning power of the administration is an inalienable right of that body. This trend bases this power of the DGMN on Article 90(2) of Law 39/2015, which allows the decision-making body to deviate from what was proposed by the investigating body when it considers the infringement to be more serious. Therefore, they argue that limiting the DGMN’s ability to freely issue the resolution of the case it deems appropriate would be an unjustified limitation of its powers, transferring part of them directly to the Harbour Master’s Office.

This second criterion is the one followed and shared to date by the Spanish Administration, so that all parties involved in a Maritime Administrative Sanctioning proceedings should take this competence of the DGMN into account when assessing whether or not to assume their responsibility and make prompt payment, thus waiving any possible future action to defend their position. In practice, prompt payment and the assumption of responsibility do not guarantee the termination of the procedure, and there is a risk that the DGMN will increase the penalty paid and acknowledged by the defendant.

In any case, as we always advise, each case and scenario should be assessed individually, and be advised by professionals such as the team that makes up AIYON, since relations with the handling of these files and relations with the administrations are part of our day-to-day work.

(1) This is stipulated in Annex 1 of Additional Provision 29 of Law 14/2000 of 29 December on fiscal, administrative and social measures, amended by Article 69 of Law 24/2001 of 27 December on fiscal, administrative and social measures, applicable by virtue of the provisions of the Sole Repealing Provision, section 3 of Law 39/2015 of 1 October.

“ESTRATEGIA EMPRESARIAL”, echoes our almost 9 years of experience in the market

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As a firm founded in 2015 in Bilbao, the publication highlights our multidisciplinary team of eight expert lawyers, valuing our comprehensive 360º legal advice. 

With a proven impact at national level acting from our four offices located in Bilbao, Cadiz, Madrid and Algeciras, with which we cover strategic areas for the transport and logistics sector, ESTRETAGIA EMPRESARIAL also highlights the fact that we have all kinds of collaborators at national and international level that help us to cover all the demands for advice and assistance that our clients may have anywhere in the world.

Likewise, the publication points out our commitment to disseminate all kinds of legislative and jurisprudential developments related to the logistics sector, both in terms of maritime law, transport law in general, insurance and national and international trade via our conferences, talks to clients or the two corporate websites: www.aiyon.es and shiparrestrelease.com.

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Notes to the Judgments of the CJEU and the High Court KBD of England on the Prestige Case

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The English Court does not apply the doctrine of the CJEU which confirmed the possibility of recognising the Spanish conviction in the Prestige case in England.

The environmental tragedy of the M/T Prestige initiated a long-running legal dispute between the insurer of the M/T Prestige (The London Steam-Ship Owners’ Mutual Insurance Association Limited, hereinafter “the Club”) and Spain, through two different proceedings in two Member States at the time, the United Kingdom and Spain.

This article is based on Spain’s application to the UK courts in 2019 under Article 33 of “Regulation 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters” to recognise and enforce the Spanish court’s judgment. This decision was the Enforcement Order of 1 March 2019 of the Provincial Court of A Coruña enforcing its previous judgment, confirmed in cassation by the SC on 19 December 2018. It condemned the Master, the owners of the Prestige and the Club against the Spanish State and more than 200 other parties. As far as the Club was concerned, up to the contractual limit of USD 1 billion on the basis of the insurance policy.

The High Court of Justice Business and Property Courts of England and Wales Commercial Court (hereinafter High Court KBD) granted that application in May 2019, which was ultimately appealed by the Club on the basis of two main arguments under art. 34 of Regulation No 44/2001: (i) argument of incompatibility with the English judgment (ii) recognition of the Spanish judgment would be contrary to English public policy principles for violation of the res judicata rule.

At this procedural stage, the High Court KBD referred a question to the CJEU for a preliminary ruling, in relation to the interpretation of Regulation 44/2001, as to whether the recognition and enforcement in the UK of the sentence imposed in Spain could be refused, due to the existence in the UK of an award and a subsequent judgment upholding it, the effects of which were irreconcilable with the Spanish judgment.

The CJEU ruled on 20 June 2022 that a judgment given by a court of one Member State (UK) on the terms of an arbitral award cannot prevent the recognition, in that Member State, of a decision given by a court of another Member State (Spain), where provisions or objectives of Regulation 44/2001 have been contravened.

Therefore, the English courts had indeed to recognise and enforce the said Order of Enforcement of the AP de A Coruña, since the arbitration award on the terms of which the English judgment was rendered would have infringed certain provisions of Regulation No 44/2001, namely (i) the effect of the arbitration clause inserted in an insurance contract since, according to the CJEU’s own case law, an agreement conferring jurisdiction concluded between an insurer and a policyholder cannot bind the person injured by the insured damage and (ii) the rules of lis pendens since, when the arbitration award was entered into, the insured person cannot be bound by the arbitration award, an agreement conferring jurisdiction concluded between an insurer and a policyholder cannot bind the person injured by the insured damage and (ii) the rules of lis pendens since when the arbitration proceedings were brought in the UK (16 January 2012), proceedings between the Spanish State and the Club were already pending before the Spanish courts. Therefore, in accordance with Article 27 of Regulation 44/2001, the English courts should have suspended the proceedings ex officio until the Spanish courts had declared themselves to have jurisdiction and, if they did so, as was the case, they should have declined jurisdiction in favour of the Spanish courts.

Following the preliminary ruling, the High Court KBD decided on 06 October 2023 on the appeal lodged by the Club:

i). That they were irreconcilable judgments, given that the English judgment declared that under the “pay to be paid” clause, as the shipowners had not paid any amount, the Club was not liable to Spain and the Spanish judgment maintains that the Club is liable to Spain. These positions cannot coexist and therefore, both judgments are irreconcilable and thus, in accordance with art. 34 of Regulation 44/2001, the Spanish judgment can neither be recognised nor enforced in England.

ii). The English judgment in line with the arbitral award is res judicata and as Regulation 44/2001 excludes arbitration from its regulation, the existence of potentially inconsistent decisions and lack of coordination with future arbitral awards is assumed by the Regulation. Furthermore, it understood that since the Regulation does not apply to arbitration, the English court’s decision to ratify the arbitral award did not alter the provisions of the European Regulation.

It also considers that the CJEU, in its ruling on the question referred for a preliminary ruling, exceeded the scope of the questions referred for a preliminary ruling, and purported to apply the law to the facts, which is outside its competence (reserved to the Member States). Considering that the CJEU had exceeded its powers, the High Court KBD considered that it was not bound by its decision.

In conclusion, we must remember that the interpretation issued by the CJEU is binding on the court that asked the question for a preliminary ruling, which may not, under any circumstances, depart from it or ignore it, either on its own initiative or because it is instructed to do so by a hierarchically superior court, and that in the future, this interpretation of the CJEU will be the one that will be applied in the EU. However, the English judgment may be seen as opening a small door to legal uncertainty if it allows a Member State to unilaterally consider that the CJEU has exceeded its powers and that its decision is therefore not binding on it, without prejudice to any liability it may incur for breach of Community law.

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AIYON Abogados Moves to New Office in Algeciras

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AIYON Abogados recently gathered in Algeciras part of its team of eight professionals from its offices in Madrid, Bilbao, Cadiz and Algeciras to inaugurate its new location in Algeciras and to share with its customers in the Algeciras enclave the good news that always comes with the opening of new facilities and the incorporation of a new professional to the team, as is the case of Rocío López.

Along with local lawyers Jose Antonio Domínguez and Rocío López, the event was attended by partners Mikel Garteiz-goxeaskoa and Zuberoa Elorriaga, from the Bilbao office; Madrid partner Verónica Meana; and partner and head of Cádiz, Enrique Ortiz, with his colleague Pablo Sánchez.

José Antonio Domínguez, director of the Algeciras office, frames these new developments in the firm’s commitment to improve the service provided to its clients in the area of influence of the Port of Algeciras, among which are shipowners, insurance companies, inland hauliers, forwarding agents, shipping agents, logistics operators, stevedores, shippers and, in general, all types of companies dedicated to international trade and the transport of goods.

“The strategic importance of Algeciras, where our clients have a very important presence, justifies the growth of our team and the improvement of our facilities,” says José Antonio Domínguez, partner in charge of the office.

Algeciras, a strategic location
As one of the most important ports in Spain and located on one of the strategic routes for international trade, the Port of Algeciras is key both for North-South traffic, with an abundant flow of goods to and from Morocco on the various ro-ro shipping lines operating in the Strait of Gibraltar, and for East-West traffic on the major containerised goods traffic routes, being an important hub port.

Algeciras is, on the other hand, a very important bunker or bunkering port in the Mediterranean, with shipyards and an anchorage where ships can make provisions or carry out repairs of all kinds.

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AIJA is held in Athens (Greece) with one of our lawyers as speaker

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As planned, the AIJA (International Association of Young Lawyers) Transport Seminar took place in Athens on 14-16 September.

It was a joint event in which the Arbitration Commission and the Public Procedure Commission also participated, bringing together more than 150 young international lawyers. Among them were our colleagues from AIYON Algeciras and AIYON Bilbao, Rocío López and Irantzu Sedano respectively. The latter is an active member of AIJA.

Both lawyers enjoyed six conferences dealing with relevant and topical issues in the transport sector, with the contribution of more than twenty professionals and experts in the field. Among them, the talk on “Blockchain”, “Double Twins” and Autonomous Transport, in which our colleague Irantzu Sedano actively participated as a speaker along with other colleagues from the association, deserves special mention.

In addition to the conferences and the work carried out by the commissions, the participants were also able to enjoy a wide range of leisure and local culture in their free time.

We would like to thank AIJA, and the entire organising committee of the event, for their work and dedication in carrying out this type of international event, which undoubtedly contributes to enriching greatly the transport sector and the professionals that make it up.

Royal Decree 186/2023 and Situations of Anchoring of Tankers or Other Vessels Carrying Substances Harmful to the Marine Environment, when They Are Not Bound for Any Port or Terminal Located in Spain

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Pursuant to its Sixth Final Provision, Royal Decree 186/2023, of 21 March, which approves the Regulation on the Organisation of Maritime Navigation (which is inserted below), came into force on 11 April 2023, with the exception of Chapters II, III and IV thereof, on the regime applicable to the dispatch of vessels, the role of dispatch and manning, and the enrolment and disenrolment regime of crew members, respectively, of the Regulations on the Organisation of Maritime Navigation, which will enter into force on 1 July 2024.

As stated in Article 2, Maritime Navigation Regulation is applicable both to civil ships and vessels flying the Spanish flag, as well as to those flying foreign flags when sailing in maritime areas in which Spain exercises sovereignty, sovereign rights or jurisdiction (reference to the United Nations Convention on the Law of the Sea / UNCLOS), with the exception of warships, other State ships and vessels, ships and vessels of the State Security Forces and Corps and of the Customs Surveillance Service.

Having determined its scope of application and entry into force, we will now focus on the regime of this Royal Decree in relation to the use of Spanish maritime spaces outside the territorial sea (i.e. the contiguous zone or the exclusive economic zone) as a place of anchorage by product tankers, chemical tankers, gas tankers or other vessels carrying substances polluting the marine environment and not bound for any port or terminal located in Spain, as set out in Articles 44 and 45, within Chapter VIII of the Royal Decree.

Article 44 states that this type of vessel, when transporting substances that pollute the marine environment and which, without having a port or terminal located in Spain as a destination or discharge point for all or part of their cargo, intend to use Spanish maritime spaces outside the territorial sea as a place to anchor, while awaiting orders, instructions or any other similar circumstance, must have the express authorisation of the corresponding Harbour Master.

In other words, the above types of vessels in such circumstances, prior to carrying out the anchoring operation, must have formulated and submitted a request to this effect (the content of which shall be as provided for in paragraph 2 of this Article 44, such as estimated time of arrival, port of origin, type of cargo, etc.) and obtain the express authorisation (not tacit) of the corresponding Harbour Master’s Office.

The Harbour Master may authorise or refuse such a request, taking into account the conditions under which the anchoring will be carried out, as well as the avoidance of damage that could result from an accident involving this type of vessel.

Once an authorisation to anchor has been granted, the ship shall (i) anchor in the geographical position indicated, (ii) undergo, where appropriate, a safety inspection on arrival at the anchorage, the result of which may lead to the adoption of precautionary measures or even the revocation of the anchoring authorisation.

Likewise, if it is desired to remain at anchor, the vessel must hire a tug with sufficient pulling power in relation to the vessel in question, which must be equipped with pollution control equipment, which must be kept permanently operational for the duration of the stay. Furthermore, the propulsion equipment must be kept in immediate operation at all times, the fire-fighting system line must be pressurised and, in addition, the regulatory anchoring signals must be maintained, and all deck and bridge lights must be illuminated throughout the night.

Furthermore, a vessel wishing to remain at anchor must check its geographical position periodically and record it in the logbook every hour. Along these lines, the captain must inform the Rescue Coordination Centre every four hours of the exact anchoring position and of any new development that may affect the safety of the vessel and crew, especially when the anchoring position is altered for external reasons, such as weather conditions. Obviously, the duty is also imposed to maintain the corresponding bridge and engine watches, checking the starting system in each of them. In particular, there is a requirement that at least one suitably qualified officer and one suitably qualified crew member must be on the bridge at all times.

It is also forbidden to carry out any cargo transfer, tank cleaning or repair work on machinery and deck without the corresponding authorisation while at anchor, given the high risk of pollution to the marine environment that such operations would entail.

Finally, it is imposed that all changes and movements of the vessel’s crew during its stay in the anchorage shall take place for justified reasons and with the prior authorisation of the Harbour Master.

Pablo Sánchez joins the Aiyon Cádiz office

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After the latest incorporation of the lawyer Rocío López to Aiyon Algeciras, who attends the local office together with the partner in charge of the same José Antonio Domínguez, our office now incorporates a new support member in the office of Aiyon Cádiz.

The specialized publication “El Canal Marítimo y Logístico” outlines that, having completed a prior training phase in collaboration with the rest of the firm’s team, and in full collaboration with the partner in charge of Cádiz, Enrique Ortiz, Pablo Sánchez is now a permanent part of Aiyon Abogados working as a lawyer from the Aiyon Cádiz office.

Cádiz and its port, with a strategic geographical location, reflects the relevance that the maritime and logistics sector in general have in the province. It is a fact that the Port of the Bay of Cádiz, in conjunction with the port of Algeciras, has positioned itself as the southern gate of Europe and the entrance to three continents.

Connected by land through road and rail access, and by air through the local airports of Jerez and Seville, the port infrastructures of the bay of Cádiz offer the best services and have include relevant companies linked to the logistics sector and maritime transport. In fact, Cádiz, together with Puerto Real and Puerto de Santa María, is home to four commercial docks, two fishing ports, as well as shipbuilding, off-shore and aeronautical repair and construction centers, and various nautical-sports complexes with great activity.

The offer is completed with a Customs-Free Zone, a Maritime Station for passengers and constant entry of cruise ships, a Border Inspection Post, a Traffic Control Center and an Integrated Communications Center, among other infrastructures and services.

That is why Cádiz has a large port community of which Aiyon Abogados has been a part for years, with a very active presence in associations such as Cádiz-Port, being part of the board our partner Enrique Ortiz, or Comport-Algeciras Port Community, among other.

The new member of the firm Aiyon Abogados SLP, Pablo Sánchez, is graduated in Law from the University of Cádiz – UCA (2014) and member of the Illustrious Bar Association of Cádiz. In addition, he holds a Master’s Degree in Maritime-Port Business Management and Maritime Law from the University of Deusto (2018) and the Master’s Degree in Access to the Legal Profession from the UCA (2016), being awarded the prize for the best file in the latter.

Pablo Sánchez completed an internship for six months in a law firm in Dublin (Ireland), where he came into contact with European immigration law and its extensive jurisprudence, in a turbulent period such as 2017 due to the uncertainty generated by Brexit. His first professional contact with the world of maritime-port companies was at the beginning of 2018 in Bilbao, where he did an internship in a freight forwarding company well established in that city, specifically in its maritime export department, which would later lead to two fruitful years of experience in it, thus knowing first-hand maritime export/import, with all the vicissitudes that these suppose at an operational level.

At Aiyon, Pablo Sánchez now develops his vocation as a maritime and transport lawyer, specializing in the management of insurance claims, administrative sanctioning procedures against ships, recoveries, labor relations of sea workers (SOLAS Convention) and land transport claims (CMR), among others, since the firm offers a “360º Service” without limiting itself to its areas of specialization (Shipping – Transport- Insurance – Trade), thus providing solutions to its clients in all areas and according to their needs.

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WISTA SPAIN Annual Meeting, Algeciras 2023

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Last Friday 12 May, in the Millán Picazo Auditorium located in the Port of Algeciras, the Annual Conference of WISTA Spain took place under the title “Strait of Gibraltar: Bridge of Cooperation”, which was attended by our colleagues from Bilbao and Algeciras, Zuberoa Elorriaga, José Antonio Domínguez and Rocío López.

During the conference, the speakers, first-class professionals, carried out a reflective analysis from an eminently institutional perspective on the bilateral relations and cooperation between Spain and its neighbouring country, Morocco; two countries that cooperate as well as compete in the transport and logistics market. The advantages of the strategic location of the Strait of Gibraltar and the Port of Algeciras were also highlighted.

The presentation on the relevance of the Operation Crossing the Strait from the perspective of passengers and land transport was also quite useful, and somewhat more practical, in which details were given, among other topics, on the management of this operation in the ports of Algeciras, Ceuta and Morocco, as well as on the problems and traffic volumes, among others.

Finally, it is worth highlighting the interventions in relation to global trade and the transformation of freight traffic in the Strait of Gibraltar.

Without a doubt, WISTA Spain provided a great meeting opportunity, as well as fostering the pooling of knowledge and experience between local and national operators and highlighting the importance of women in the maritime and transport industry.

AIYON Abogados, and specifically its partners Zuberoa Elorriaga, José Antonio Domínguez and Rocío López, would like to thank WISTA Spain, and in particular the WISTA colleagues from Algeciras and Cádiz, for the excellent organisation of the event, which was very well attended.

AIYON at EAST MED 2023, Limassol (Cyprus)

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From AIYON we would like to thank COMPORT – Algeciras Port Community for facilitating and organising the attendance of the different companies involved with the port environment of Algeciras to the event organised in Cyprus, the EAST MED EXPO OFFICIAL 2023, which brought together in Limassol different leading companies of the maritime industry.

The partner in charge of the Aiyon Cadiz office, Enrique Ortiz, and our partner of the Aiyon Bilbao office, Zuberoa Elorriaga, attended this interesting meeting together with the rest of the companies of the port area of Algeciras, led by different Cypriot companies linked to port activities. As a sign of the impact of this important event on the city, it was inaugurated by the Mayor of Limassol at a reception held at the Limassol City Hall on Wednesday 19 April.

With over 80 exhibitors from around the world, East Med Marine and Offshore Exhibition continues for the tenth time to provide a first-class opportunity for the marine and offshore sectors for key players and stakeholders to interact and learn about important industry and technology updates.

This event, of international scope, is held every two years in Limassol-Cyprus with the support of the government of the country, whose Minister of Maritime Affairs, Ms. Marina Hadjimanolis, took a personal interest in the services offered by the Port of Algeciras, a reference in the Mediterranean.

For our part, we cannot forget the warm welcome of the Cypriots, who have been very supportive during our trip.

 

AIYON ABOGADOS SLP has been a beneficiary of the European Regional Development Fund (ERDF), whose objective is to achieve a more competitive business fabric and thanks to which it has participated in the action: Visit EAST MED MARINE & OFFSHORE EXHIBITION 2023 to promote its internationalisation. This action took place from 19 to 21 April 2023. To do so, it has had the support of the International Promotion Programme of the Chamber of Commerce of Campo de Gibraltar.

A way of doing Europe