Renewal of the Board of Directors of the Propeller Club of the Basque Country Port of Bilbao

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On 27 January 2002, the Propeller Club of the Basque Country – Port of Bilbao, an association in which our firm participates, began the year 2022 with a change in its presidency.

Gerardo Tiedemann, who has led the association for years with great success and dedication, handed over his post to José Luis Grijalvo, to whom we wish the best in this new journey.

In the Board of Directors of the Propeller Club of the Basque Country-Bilbao, together with the rest of the relevant representatives of the maritime and logistics sector in Bilbao, our partner from Bilbao, Mikel Garteiz-goxeaskoa, remains as treasurer and member of the Board of Directors.

The European Maritime Safety Agency (EMSA) Continues to Deploy Drones to Monitor Emissions from Merchant Ships in EU Waters in 2022

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According to the Roadmap of the European Maritime Safety Agency (EMSA), in 2022, which is now beginning, the development of the capabilities of remotely piloted aircraft, commonly known as drones (Remotely Piloted Aircraft Systems or RPAS), will continue, especially regarding the detection of possible pollutant emissions from merchant ships exceeding the limits established in Annex VI of the International Convention on Marine Pollution (MARPOL). Sulphur content limit for marine fuels is currently set at 0.5 % by mass.

By 2022, these drones are also expected to be able to monitor the NOx content of smoke from ships underway, in addition to the SOx mentioned above.

In fact, during 2021, emission control campaigns were already carried out with drones in the waters of the Strait of Gibraltar, Lithuania, France, and the Baltic Sea. Specifically, in relation to the deployment of the drone in the waters of the Strait of Gibraltar between July and October, EMSA, together with the Directorate General of the Merchant Navy and Harbor Master of Algeciras, carried out a total of 319 controls on different merchant vessels while they were sailing through the Strait, detecting possible non-compliance in twenty-eight (28) of the vessels.

Although the readings obtained using these novel aerial means may be indicative of excess sulphur marine fuel consumption, they do not directly result in the initiation of a sanctioning proceeding or in the imposition of a penalty for the monitored vessel.  In order to corroborate the preliminary drone readings, a detailed Port State Control (PSC) inspection will always be required upon arrival of the ship in port, together with the corresponding sampling of the fuels used during the voyage.

After this inspection and chemical analysis of the fuel samples obtained, if the sulphur reading is above 0.5 % by mass, the corresponding Harbor Master’s Office will initiate an administrative sanctioning proceeding against the “ISM Manager” and against the master of the inspected vessel, and the vessel will be provisionally detained until sufficient guarantees have been provided at the discretion of the responsible Harbor Master’s Office.

The data obtained from the drone measurements are also communicated to the THETIS-EU database, also managed by EMSA. The purpose of this is to effectively monitor the non-compliance detected and to establish a system of alerts for the different maritime administrations of the Member States of the European Union, facilitating thus the taking of appropriate measures to prevent and/or sanction the aforementioned typified conducts.

P&I Clubs, a Key Player in Maritime Transport and Trade

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Canal Marítimo y Logístico, a magazine specialised in maritime and logistics information, publishes in its November issue an article on P&I Clubs written by Verónica Meana, partner of our Madrid office.

This article finds its origins in the publication of the Preliminary Bill to amend the revised text of the Law on State Ports and the Merchant Marine, and the Law on Maritime Navigation, which, among other things, includes the reform of article 465 of the latter set of regulation due to doubts that exist nowadays about the admissibility of direct action against protection and compensation clubs. It is worth taking a step back and going to the origin of these organisations and how they work.

The reform adapts to the purpose of these associations which remain fundamental to the development of maritime transport and trade as they currently insure the civil liabilities of shipowners from all parts of the world.

In itself, the article covers the basic concepts, background, established responsibilities, as well as Spanish legislation related to this key piece of maritime transport and trade.

Read article published HERE

El Canal Marítimo y Logístico Highlights the Trajectory of AIYON Abogados since its Foundation

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The journal El Canal Marítimo y Logístico analyses and highlights the trajectory of our firm since its foundation in 2015 and catalogues it as a model of success that continues to develop and grow.

The article confirms that, since the firm was founded more than six years ago, AIYON Abogados has formed a multidisciplinary, solid, and participative team of professionals, with marked quality standards in its services, and always respecting its concept of “boutique law firm” firmly connected with its clients and the sector.

From its basic nature with regard to maritime law, our firm aims to further reinforce the relationship with our international clients (maritime insurers, shipping companies and freight forwarders) on the basis of specialised training. This is one of the areas in which    we are involved as part of our activity, collaborating as regular lecturers in the Master of the Spanish Maritime Institute (Madrid), giving training talks at the University of Cadiz, maintaining collaborations with the universities of Deusto and La Laguna, as well as acting as members of the Court of Arbitration of the Madrid Bar Association. This is a commitment to the new generations, but also to clients, who expect andobtain personalised professional advice.

Likewise, the publication makes special mention of the website on the lifting of the ship arrest that the firm launched in 2021, which can be consulted at: shiparrestrelease.com.

On the other hand, the AIYON team informs that we continue to be clearly committed to handling matters related to land transport, especially in the area of national and international road transport, and the world of insurance and trade, where we have great professionals advising our clients on a daily basis and accompanying them on theirprofessional journey.

Finally, our firm’s clear vocation to deepen its knowledge of Air Law – air chartering, incidents, claims or purchase and sale of aircraft, among others – and Space Law is reflected in the “Postgraduate Specialist Course in Aeronautical and Space Law”, taught by the Faculty of Law (ICADE) in collaboration with the Spanish Association of Aeronauticaland Space Law (AEDAE).

You can read the article at the following link: https://www.diarioelcanal.com/aiyon-abogados-socio-fiable-prioriza-relacion-estrecha-cliente/

Broad representation of AIYON Abogados at the National Congress of the Spanish Association of Maritime Law (AEDM)

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Verónica Meana, Zuberoa Elorriaga and José Antonio Dominguez, partners of the offices in Madrid, Bilbao and Algeciras, respectively, took part in the National Congress of the Spanish Association of Maritime Law (AEDM) on November 18thand 19th which was held in Madrid under the title “The Maritime Law of the Recovery. Challenges and Reforms”.

The congress, which provided information of great interest to the participants, began with an In Memoriam tribute to Javier Galiano, Ramón Fernández Guerra and Fernando Meana Green. In memory of the great personal and professional legacy of the latter, Verónica, his daughter and our colleague, made a brief speech.

The congress program was structured into six modules that were addressed with rigour and depth. The latest experiences on the implementation of the Paris Memorandum, with the presentation of the point of view of various sectors (insurance, shipowners, and Directorate-General for Merchant Shipping); the “Next Generation” Funds in the maritime sector, with the analysis of the requirements for their application; liability and insurance in accidents in ports; technological challenges in technical investigation of maritime accidents; and the ongoing reforms of the Law on State Ports and Merchant Marine and the Maritime Navigation Act were discussed.

Relevant and updated information from “TP&I News” on anti-pandemic measures imposed in different ports

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The TÜRK PANDI publishes its November “TP&I News”: “Seafarers – The key workers for the global maritime industry, Risk of Detention for Anchoring in Indonesian Waters, Attention: Is your vessel arriving at a Spanish port?, Crew changes in Argentinian ports”, with the collaboration of AIYON Abogados.

Through this publication, the P&I updates the latest news from the maritime sector geared towards shipowners, charterers, as well as any other maritime agent or operator interested or affected by the measures that have been imposed in different ports due to the pandemic.

Read article published…

Ship arrest

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By Irantzu Sedano and Zuberoa Elorriaga

The usual short stay of ships in the ports where they load and unload goods, as well as the international nature of the maritime sector, means that, on many occasions, it is very difficult to recover a debt from shipowners and charterers. It is in this context that the concept of ship arrest emerges.

Ship arrest is a legal tool that enables the creditor of a claim, which must be defined as a “maritime claim” to secure the detention of the ship concerned in order to guarantee its payment. This precautionary, preventive, and urgent legal action can also be regarded as a burdensome measure due to the economic damage it can cause to the operator of the vessel, as it can lead to delays in the vessel’s navigation plans, unforeseen costs due to its stay at berth in port, etc. It can also be a costly measure for the person requesting the arrest if it is wrongly or improperly proposed.

Reasons for the arrest
The arrest of ships pursues different objectives, which vary depending on the asserted maritime claim. That is to say, when the maritime claim consists of a monetary claim, the arrest will operate so that the shipowner/charterer (debtor) provides sufficient security to lift the ship arrest, with the attaching creditor obtaining security. When the maritime claim consists of a claim to the ownership of the vessel, the arrest will ensure the application of an eventual sentence to hand over the vessel.

The detention of the vessel may be replaced by the provision of a guarantee or substitute security by the shipowner/charterer before the court applying the measure, since the ultimate objective of the arrest is to guarantee the effectiveness of a later judgement on the merits of the claim / “maritime claim”, ensuring thus the possibility of its enforcement for the creditor/attaching creditor’s.

In the event that the arrest is requested unjustifiably or improperly, the shipowner/charterer of the vessel is entitled to claim for any damages resulting from the arrest.

Requirements for the ship arrest
The international legal regime in force in Spain is the International Convention on Arrest of Ships (Geneva 1999), which entered into force on 14 September 2011. At the national level, we must resort to the Maritime Navigation Act 14/2014, of 24 July.

The requirements are as follows:

  • The allegation of a “maritime claim”: ships may only be arrested on the basis of maritime claims and not on the basis of any other claim. The list of so-called “maritime claims” is numerus clausus and is set out in Article 1(1) of the 1999 Geneva Convention. The creditor of the precautionary measure, requesting the arrest, shall be exonerated from proving his claim, being sufficient for him to allege its existence and the cause for it.
  • The arrest of the “offending ship”: arrest of the vessel causing the claim is permitted provided that the person who was the owner/bareboat lessor of the ship at the time the claim arose is still the owner/bareboat lessor at the time the arrest is requested. Under certain conditions it also provides for the possibility of arresting other vessels owned by the person liable for payment of the claim (“sister ships”).
  • The existence of periculum in mora: this refers to the risk that the ship, in principle the only property of the debtor known to the creditor, may at any time leave the port leaving the creditor without guarantees.
  • The obligation to deposit a guaranteed by the attaching creditor: its purpose is to ensure that, in the event that the arrest is requested improperly and without complying with the legal requirement, the damages generated to the shipowner/charterer as a result of the incorrect arrest can be economically alleviated.
  • The pendency of the proceedings: the arrest may be requested before, during or after the commencement of the legal proceedings on the merits. The lawsuit will be brought before the court that is to hear the merits of the dispute.

Release of the arrest and the protective measure
In order to confirm ship’s release from the arrest, the arrested party (shipowner) must lodge a replacement security or guarantee before the court covering the amount claimed by its creditor (arresting party), provided that such amount does not exceed the value of the arrested vessel. If it does, the vessel will continue its voyage, leaving deposited this amount as a security for the alleged maritime claim.

Since, as a general rule, the request for arrest is placed as a precautionary measure prior to the filing of the lawsuit, it will remain without effect if the creditor/attaching creditor does not initiate the proceedings on the merits of the dispute before the competent court and within the time limit established by the court executing the precautionary measure. In such a situation, the arresting party shall be ordered to pay damages that will be considered by the court, and the security deposited by the arresting party before the court shall be forfeited.

In summary, Article 1 of the International Convention on the Arrest of Ships lists what are considered “maritime claims” that can justify the arrest of a ship, so there are many agents in the sector that may be protected by this tool to guarantee their claims (seafarers, ship suppliers, shipyards, administration, etc.).

AIYON Abogados handles arrests of ships requested by any kind of creditors, as well as lifting of the arrests of shipowners/charterers affected by this measure; moreover, for all those who want to find out more in detail about this concept we have the following platform: www.shiparrestrelease.com

Read article published…

Verónica Meana and Mikel Garteiz-goxeaskoa participate once again in the Master’s Degree in Business and Maritime Law of the Spanish Maritime Institute

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Verónica Meana and Mikel Garteiz-goxeaskoa, partners of the AIYON Abogados’ offices in Madrid and Bilbao respectively, are once again members of the team of lectures  teaching at the Master’s Degree in Business and Maritime Law of the Spanish Maritime Institute.

Aimed particularly at graduates in Law, Economics and Business Administration, Seamanship and Naval Engineers who want to develop their work activity in the maritime sphere, this master’s degree is also intended for the professionals of the sector who want to acquire practical and updated expertise.

The master’s degree, which this year celebrates its 38th edition, collaborates with the Faculty of Law of the Universidad Pontifica Comillas and brings here together prestigious maritime lawyers. It comprises of 500 class hours, will start in October and will run until June 2022.

Verónica Meana joins the Arbitration Team of the Madrid Bar Association

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Verónica Meana Larrucea, partner in charge of the AIYON Abogados’ office in Madrid, has recently joined the Arbitration Court of the Madrid Bar Association.

The arbitrators are appointed by the Arbitration Court at the proposal of an Evaluation Committee designated by the governing body of the Bar Association after considering their curriculum and eligibility.

Since her nomination for the area of Maritime and Transport Law was accepted, Verónica will participate together with the other fifteen members in the resolution of the conflicts that may arise within this sphere.

Impact of COVID-19 in the operation of vessels arriving at Spanish ports: obligation to isolate or confine “Close contacts” in case of infection of a crew member and the “Free Practique”

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