Resolution of October 14, 2021, of the Port Authority of

Summary

The Board of Directors of the Alicante Port Authority, at its meeting on October 8, 2021, agreed, under the provisions of article 30.5, letters a) and p) of the Consolidated Text of the Law on State Ports and the Merchant Navy, approved by Royal Legislative Decree 2/2011, of September 5, in relation to article 113 and following of the same legal text, the approval of the list of particular requirements of the port pilotage service in the port of Alicante.

This specification will be published in electronic format on the agency's website (www.puertoalicante.com), and will also be available to interested parties at the offices of the Alicante Port Authority.

By virtue of the provisions of article 113.5 of the Consolidated Text of the State Ports and Merchant Navy Law, approved by Royal Legislative Decree 2/2011, of September 5, and for the purposes of the provisions of article 45 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations, the approval agreement and the aforementioned specifications are published, the full text of which has been incorporated as an annex to this resolution.

Alicante, October 14, 2021.–The President of the Alicante Port Authority, Juan Antonio Gisbert García.

ANNEX Specifications of the port pilotage service in the port of Alicante

Section IObject and definition of the service

Prescription 1st Prescription 1st Object and legal basis.

1. The purpose of this Particular Specifications Sheet (hereinafter, PPP) is the regulation of the granting of licenses and the provision of the technical-nautical service of port pilotage in the port of Alicante managed by the Alicante Port Authority ( hereinafter, Port Authority), in accordance with EU Regulation 2017/352 (with the exception of Chapter II and Article 21 that do not apply to the pilotage service) and by virtue of the provisions of article 113 of the Consolidated Text of the Law on State Ports and the Merchant Navy (hereinafter, TRLPEMM), approved by Royal Legislative Decree 2/2011, of September 5.

2nd Prescription Definition of the service.

1. Pilotage is understood as the advisory service to captains of ships and floating artifacts, provided on board them or from the pilot station, to facilitate their entry and exit to the port and nautical maneuvers within it and the ports. geographical limits of the pilotage area, in safety conditions and in the terms established in article 126 of the TRLPEMM, in the Regulations governing this service and in this Particular Specifications Sheet.

2. In accordance with the provisions of Royal Decree 393/1996, of March 1, which approves the General Pilotage Regulations (RPG), it is understood by:

3. The use of the pilotage service is mandatory in this port for ships with a gross tonnage greater than 500 GT as the Maritime Administration has established it as mandatory. In accordance with the provisions of article 112.2 of the TRLPEMM, the service will be mandatory for vessels under 500 GT when so established by the Port Authority in its Port ordinances in accordance with the provisions of said article. However, the Maritime Administration may establish exemptions from the obligation to use the pilotage service in the port, with criteria based on the local experience of the ship's captain, the characteristics of the ship, the nature of the cargo, the peculiarities of the port and other circumstances that are provided for in the regulations, following a report from the Port Authority, after hearing the body that exercises the representation of the pilots at the national level.

4. In general, unless expressly indicated by the Maritime Captaincy for reasons of safety in navigation, ships and boats at the service of the Port Authority will be exempt from the pilotage service; those destined to carry out works in the port public domain; those intended for provisioning and provisioning of ships; those intended for the provision of port services, based in the port and those that are at the service of other Public Administrations, which are based in the port, as well as those vessels of any other type, whose crew includes a captain who has exercised , even temporarily, as a pilot in the port in question, or have passed the theoretical and practical qualification tests in said port.

5. In accordance with the provisions of article 9.4 of Royal Decree 393/1996, for certain vessels, maneuvers whose purpose is anchoring in the waters of Zone II of the port that are within the limits of service provision of pilotage will be exempt from the obligatory nature of said service when it has been approved by the General Directorate of the Merchant Marine.

6. Annex I includes a glossary of specific terms used in this PPP.

3rd prescription Geographical scope.

1. The geographical scope of provision of this service is the area delimited by the geographical limits of the pilotage area of ​​the port of Alicante. The following are established as geographical limits:

2. However, in exceptional cases, a maneuver may be extended outside the geographical area indicated in the previous paragraph when the safety of the maneuver so advises, prior authorization from the competent administration.

3. Modifications to the service or pilotage area that significantly affect the provision conditions will be treated in accordance with the provisions of Prescription 8. In the case of non-substantial modifications to the service area, it will be understood that are automatically incorporated into the geographical scope of service provision after their official communication to the providers.

4. For the purposes of the previous paragraph, substantial modifications of the geographical scope are considered those that imply a modification of the minimum material or human resources or of any other condition established in this Specification that requires its modification in accordance with the provisions of the Prescription 8th

Section II Licenses

4th Prescription Types of licences.

1. In accordance with the provisions of article 126.3 of the TRLPEMM, the number of providers will be limited to a single provider in each port area. In accordance with articles 111 and 114 of the TRLPEMM, the license will not be renewable and must be awarded through a tender in accordance with the procedure established in article 115.

2. In the pilotage service, self-provision may not be authorized, without prejudice to obtaining pilotage exemptions.

3. The following types of licenses may be granted for the provision of the service, which will always be of a specific nature:

5th prescription Deadline.

1. The maximum duration of the license open to general use will be 10 years.

2. The duration of the license will be that offered by the successful bidder in the tender called for this purpose.

3. In the case of licenses restricted to the geographical scope of a maritime passenger station or merchandise terminal dedicated to private use when the licensee has a contract with the holder of the concession or authorization, the term of the same may not be greater than the contract between the provider and the holder of the concession or authorization or greater than the term of the concession or authorization.

4. Service integration licenses may not have a term greater than the lesser of the following two:

5. License holders may renounce their license with a mandatory notice of one year.

6th Prescription Granting of licences.

1. In general, the procedure for granting the license and its content is regulated by the TRLPEMM in articles 115, 116 and 117. Regarding the service object of this PPP, the license will contain, at least, the corresponding information on each of the aspects included in article 117.1 of the TRLPEMM.

2. Those interested in obtaining a license to provide the port pilotage service may submit their offers to the Port Authority when the tender for this purpose is called, which will be governed by the provisions of the corresponding specifications.

3. When the tender for the award of the license is called, the tender specifications must be approved, which will contain at least the requirements to participate in the tender, the maximum term of the license, the information to be provided by the bidder and the award criteria, as well as the deadlines and other conditions associated with the tender. The minimum means and the conditions required will be those established in these Particular Prescriptions.

4. However, in accordance with the provisions of the first transitory provision of the TRLPEMM, in relation to the second transitory provision of Law 27/1992, on State Ports and the Merchant Navy and the eighth transitory provision of the Law 48/2003, on the economic regime and provision of services of ports of general interest, the provider company with a license in force at the entry into force of the aforementioned Law 27/1992, will have the right to obtain the license to provide the service as long as In said corporation there are pilots under the conditions set forth in section 1 of the aforementioned second transitory provision, provided they meet the requirements and conditions established in these Particular Prescriptions of the pilotage service.

5. In the case of the previous point, the maximum term to notify an express decision on license applications will be three months. Pursuant to the provisions of article 115.1 of the TRLPEMM, after said period has elapsed without notification of the resolution, the request will be deemed to have been accepted. In the case of applications for licenses linked to a concession or authorization for occupation of the public domain, the term will be eight months. Once said period has elapsed without an express resolution being notified, the application will be understood to have been rejected, in accordance with article 115.4.

6. The offers, or, where appropriate, the request, must contain the information indicated in article 66.1 of Law 39/2015, of October 1, on the Common Administrative Procedure, and the documentation indicated in Annex II.

Prescription 7th Transmission of licences.

1. Article 118 of the TRLPEMM regulates the transmission of the service provision license, which will be in any case subject to the prior consent of the Port Authority and, where appropriate, to the mandatory authorization of the competition authorities, having respect to the employment contracts of the personnel of the license holder, the effects provided for in the labor legislation.

2. When there is a transfer of personnel as indicated in the previous point, the license transfer documents will include the list of affected personnel, with detailed and transparent information on their contractual rights and on the conditions under which employees are considered to be linked to port services.

3. The Port Authority may deny the transfer, among other reasons, due to the existence of pending obligations derived from the license on the part of the transferor, and in any case, the transferor and the acquirer will be jointly and severally responsible for the responsibilities and obligations of the license corresponding to the date prior to the transmission.

8th Prescription Modification of this PPP and the licences.

a. Of the PPP.

1. The Port Authority may modify this PPP in accordance with the provisions of article 113.2 of the TRLPEMM and following the procedure established in article 113.1.

2. The modification of the PPP will be carried out with the same procedures as those followed for its approval, subsequently proceeding to the modification of the corresponding license in the terms indicated below.

3. When the modifications to the PPP imply a change in the costs of the service, the modification will contemplate a tariff review in accordance with the provisions of paragraph e. of the 23rd Prescription

b. Of the licences.

1. In accordance with the provisions of article 117.2 of the TRLPEMM, following the principles of objectivity and proportionality, the Port Authority may modify the content of the license, after hearing the interested party, when this PPP of the service has been modified.

2. When this PPP is modified in accordance with what is indicated in section a. above, the provider must adapt to said modifications within the maximum period established in said modification. After said period without the adaptation having taken place, the license will be without effect in the period determined by the Port Authority.

3. The license for the provision of the port pilotage service existing at the entry into force of this Specification must be adapted to all the conditions established in this Specification within a period of 6 months. After said period without the adaptation having taken place, the license will be without effect in the period determined by the Port Authority. When the adaptation takes place, which must be approved by the Port Authority, a new term will begin as indicated in this Specification.

4. However, the rates, maximum rates and rates provided for interventions in emergencies, rescue, firefighting and fighting pollution established in this PPP will be applicable from the time it comes into force.

9th Prescription Termination of licences.

1. The license may be terminated in accordance with the causes established in article 119.1 a), b), c), d) of the TRLPEMM.

2. By virtue of article 119.1 e) of the TRLPEMM, this PPP establishes the following additional causes to those collected by the TRLPEMM for which the license may be revoked when the Port Authority considers it so based on its seriousness:

3. The license will be extinguished by agreement of the Board of Directors of the Port Authority, after hearing the interested party, who is granted a period of 15 days in order to formulate the allegations and grounds that he considers pertinent, in defense of his rights. rights. In the event that the period established in the license has elapsed, the extinction will occur automatically. In the case contemplated in point g) of paragraph 2 above, the license will expire once the notice period has elapsed since the provider notified said notice.

4. The termination of the license will entail the application of a penalty equivalent to the total guarantee established in this PPP, except in the cases included in article 119.1 a), c) and d) of the TRLPEMM when the cause is not attributable to the licensee in the latter case and in point g) and q) of paragraph 2 above, as well as in points s) and t) of the same paragraph when the cause is not attributable to the licensee.

5. The holder of a license must cease to provide the service from the moment it expires or is notified of its revocation, being the subject of a disciplinary proceeding in accordance with the TRLPEMM if it continues to provide said service.

Section IIIAccess to the provision of the service

10th Prescription Access requirements and incompatibilities regime.

a. Access requirements.

1. In accordance with the provisions of the TRLPEMM, access to the market for the provision of the service is subject to:

2. Access to the status of port pilotage service provider will require obtaining the corresponding license that will be granted by the Port Authority, as described in Prescription 6 and subject to the provisions of the TRLPEMM and in this PPP.

3. Access to the provision of the service will be governed by the contest system.

4. Individuals or legal entities, Spanish, from other countries of the European Union or from third countries, may apply for the license to provide the service, the latter subject to proof of reciprocity, except in cases where the commitments of the European Union with the World Trade Organization do not demand this requirement, that they have full capacity to act and are not involved in causes of incompatibility.

5. Taking into account the principle of good repute of the employer, natural or legal persons may not apply for the license when there are compelling reasons to doubt its reliability. This limitation will also affect any natural or legal person linked to the first or belonging to the same business group, as long as they have contributed to carrying out the conduct in which the infraction determinant of dishonesty is appreciated. Applicants must complete Annex VI with the corresponding Declaration of Honor.

6. Applicants must keep up-to-date on compliance with tax, labor and social security obligations both at the time of the application and throughout the duration of the license and must thus prove it to the Port Authority.

7. The provider will comply with Spanish social and labor regulations, including the provisions of the applicable collective agreements, the requirements related to the crew and the requirements related to work and rest periods for seafarers, and compliance of the applicable regulations on labor inspection.

8. Compliance with labor obligations will be accredited through the presentation of official certificates or responsible declaration related to labor aspects of the services to be provided, in which, as a minimum, the following will be specified:

9. Applicants will be considered to be up to date with their fiscal and Social Security obligations, when none of the circumstances provided for in articles 71, 72 and 73 of the Subsection referring to the prohibitions of contracting occur. of Law 9/2017, of November 8, on Public Sector Contracts.

10. The provider will guarantee the availability of the port service for all users, within the geographical area established in the license and without interruption, both day and night, throughout the year, in accordance with the conditions contained in this document. .

11. The provider will comply with the requirements in terms of maritime safety or security and protection of the port or access to it, its facilities, equipment and workers and other people, as well as local, national, international environmental requirements. and of the Union, in accordance with the provisions of this document.

12. The access conditions established in this Section III are mandatory both to obtain the license and during its entire validity. The Port Authority will regularly monitor compliance.

b. Regime of incompatibilities.

1. The holder of a license for the provision of port pilotage service may not participate, by himself or through natural or legal persons interposed, in the capital or in the management of companies authorized to provide any other service. technical-nautical in the same port, except in cases of service integration licences, which is provided for in article 134 of the TRLPEMM.

2. The indicated incompatibilities will take effect both for the granting of the license and during the entire term of the license.

Prescription 11.ª Conditions of economic-financial and technical-professional solvency.

a. Economic and financial solvency.

1. The applicant must have a net worth of more than 15% of the acquisition cost of the minimum material resources required to be a licensee (which will be duly justified in the application) and greater than 15% of the total assets of the applicant company.

2. This requirement may be accredited, among others, by any of the following means:

3. If, for a justified reason, the applicant is not in a position to present the requested references, the Port Authority may evaluate their economic and financial solvency through any other document, among those legally established, that it deems appropriate.

4. The Port Authority can at any time evaluate the economic-financial situation of the licensees in order to verify the maintenance during the term of the license of this requirement.

b. Technical-professional solvency.

1. The technical-professional solvency of the applicant will be accredited taking into account their ability to provide the service under the conditions established in the TRLPEMM and in these Particular Prescriptions:

Prescription 12.ª Minimum human resources and materials required.

a. Minimum human resources and their qualification.

1. The number of pilots that the provider must have, approved by the Port Authority in accordance with the provisions of article 126.4.b) of the TRLPEMM, is 4 pilots. The pilots arranged by the provider must have the qualification as a pilot for the exercise of the pilotage service in the geographical area defined in this document, issued by the Maritime Administration.

2. Of the indicated practices, the following will be maintained:

3. The provider must have the necessary crews to:

4. The service provider will comply with Spanish labor legislation in force at all times and must ensure that workers receive the continuous training necessary to acquire the essential knowledge for the exercise of their function, as well as for intervention in emergencies, making special emphasis on health and safety aspects, and that training requirements are regularly updated to meet the challenges of technological innovation. In particular, it will comply with the thirty-second additional provision for the purposes of the working hours regime, the rules that, in terms of prolongation of effective work with time of permanence or availability, are established in Section 4 of Chapter II of the Royal Decree 1561/1995, of September 21, providing the necessary number of workers for this. As far as the pilots are concerned, when the provider considers that it is necessary to modify the number approved by the Port Authority, it will request its modification so that the latter proceeds to start the process of modifying said number and authorizing, where appropriate, the necessary practices. In any case, the Port Authority may ex officio activate said process when it deems appropriate.

5. The personnel must know the means available to the company for rescue, firefighting, pollution control and emergency prevention and control tasks, as well as their location and will be trained for their effective use. .

6. The crews of the port pilotage service will be made up, as a minimum, of the personnel established in the Certificate of minimum security manning issued by the maritime Administration that corresponds to each vessel.

7. Each worker (pilots and crews) will have the necessary PPE for the provision of the service, in accordance with their risk assessment, which must include at least the following:

8. In charge of the staff, and for all relations with the Port Authority, the provider must have a person in charge of exploitation specialized in the activities included in the service.

9. The Pilot must demonstrate sufficient knowledge and proper fluency in Spanish and English to understand the ship, the Control Center and the rest of the port services. For these purposes, knowledge of the languages ​​will be accredited by means of a responsible declaration from the provider that all the pilots meet this requirement.

10. The personnel will be linked to the provider through the different contractual modalities in force, without any employment relationship with the Port Authority. When the vessels are not owned by the applicant company, the crews do not necessarily have to be part of the company's staff, and may be hired in the manner that corresponds to the type of lease or charter of each vessel, provided they meet the indicated conditions. in this PPP.

11. In case of cessation of the provision of the service, the Port Authority will not be in charge of said personnel, nor will it assume any associated labor obligation, in accordance with the provisions of Prescription 20.

12. Gender equality and integration of people with disabilities:

When the provider is obliged by virtue of the provisions of article 45 of Law 3/2007 of March 22 for the Effective Equality of Women and Men, they must prepare and apply an equality plan with the scope and content indicated in said Law. Likewise, in all documentation, advertising, image or materials used by the company providing the port service, it must use non-sexist language, avoid any discriminatory image of women or sexist stereotypes and promote an image with values ​​of equality , balanced presence, diversity, co-responsibility and plurality of gender roles and identities.

Likewise, if the company has 50 or more workers on its staff, it must comply with the minimum reserve of 2% of workers with disabilities, with the exceptions provided in the Consolidated Text of the General Law on the Rights of Persons with Disabilities and their social inclusion, approved by Royal Legislative Decree 1/2013, of November 29, provided that the legally provided substitute measures have been adopted.

b. Minimum material resources required to provide the service.

1. During the entire term of the license, the service provider will have the means indicated below:

2. The vessels destined for the service will necessarily have their base in the port of Alicante and their base berthing position will be designated by the Port Authority, as well as any change in it. Said media may not leave the service area of ​​the port, nor provide services other than those established in this PPP, except with prior and express authorization from the Port Authority and prior report from the Maritime Captaincy in matters affecting maritime safety, except for cause. of force majeure.

3. When a vessel is going to be put out of service due to maintenance or revision operations that are scheduled in advance, it must be guaranteed that there are sufficient means to cover the needs of the service, before removing the affected vessel. In the event that a vessel is out of service due to a breakdown or other unforeseen circumstances, the period to replace it will be 15 days. In any case, the substitution of a vessel must be carried out by another with similar characteristics and must be previously authorized by the Port Authority.

4. The vessels attached to the service must, during the term of the license, be conveniently dispatched by the Maritime Captaincy and be in possession of all the necessary certificates in accordance with current regulations, which may be requested by the Port Authority at all times. They must also have the necessary insurance in accordance with Spanish navigation regulations and with the international agreements signed by Spain. The entry sheets of the boats must be accredited.

5. The vessels attached to the service may not exceed the maximum age of 15 years, and must be replaced when it is reached, unless substantial modernizations are carried out on them, authorized by the Maritime Captaincy, or it is proven that they can provide the service in the required conditions of safety, efficiency and quality. In any case, the express approval of the Port Authority will be necessary to extend the useful life for the period that it deems appropriate in accordance with the foregoing and provided that it has a favorable report from the Maritime Captaincy within the scope of its powers.

6. The Port Authority will not modify the minimum means, unless, due to the variation in the demand for the service, it is considered necessary and the present PPP is modified.

7. Once the term of the license has ended, the Port Authority will not be in charge of the material means available to the service provider. The investment made in such media during the term of the license, and which is pending amortization at its term, will not generate the right to any compensation.

8. If the vessels or other material means attached to the port service were not owned by the company holding the license, the latter must submit, in addition to the aforementioned requirements, the corresponding lease contracts, which must be in force throughout the duration of the license and must guarantee that the provider has full operational control of said media. In the event that the terms of the leasing contracts are less than the term of the license granted, the successive leasing contracts that prove the availability of the means during the entire duration of the license must also be submitted.

9. As a guarantee of the adequacy of the human and material resources and their operability, the owner must attach a service organization plan detailing the procedures involved, the allocation of human resources, work shifts and plan response to emergencies.

10. In the case of integration of services, the provisions of article 134 of the TRLPEMM will apply. In this case, the holders of integration licenses for this service must have sufficient human and material resources to allow them to carry out the usual operations in the terminal or maritime station, under the same safety and quality conditions that are required for the rest of the services. the providers.

c. Licenses restricted to the geographical scope of a maritime station or merchandise terminal dedicated to private use through a contract with the holder of the concession or authorization and service integration licenses.

1. In the case of service integration licenses and those restricted to the geographical area of ​​a maritime station or merchandise terminal dedicated to private use by contract with the concession or authorization holder, the minimum means will only be the adequate to meet the volume and characteristics of the traffic at the maritime station or terminal under the required safety and quality conditions, as well as the continuity and regularity required by such traffic. These means must be specified in the license and in the contract between the concessionaire and the licensee, if applicable.

2. The human and material resources required will only be adequate to meet the volume and characteristics of the traffic in said terminal, under the required safety and quality conditions, as well as the continuity and regularity that these traffics require, leaving said means defined in each license.

d. Necessary means to comply with the public service obligation to cooperate in rescue operations, firefighting, pollution control, as well as emergency prevention and control.

1. The human and material resources required of the provider to cooperate in rescue work, firefighting, pollution control, as well as emergency prevention and control and port security will be the same as those required for the usual provision of the service. service, which must be made available to the Emergency Director when required by the port or maritime Administration.

2. To guarantee the commitment regarding training in the fight against accidental marine pollution, the applicant must submit, together with the license application, a declaration responsible for compliance with the following training requirements:

13th Prescription Obligations of environmental protection and contribution to sustainability.

1. The provider company must comply with the applicable environmental regulations, the specific environmental regulations that, where appropriate, are established in the Exploitation and Police Regulations, in the Port Ordinances and in the instructions that the Port Authority may issue. , as well as in the environmental management systems that could be approved by the Port Authority, in accordance with the objectives and indicators of environmental sustainability, and will be responsible for adopting the necessary measures to prevent and mitigate the environmental effects resulting from the provision of services. services.

2. In application of Law 26/2007, on Environmental Responsibility, the provider company must carry out a risk assessment and provide the financial guarantees that are applicable in accordance with it.

3. Within 1 year from the date of granting the license, the provider must be registered in the EMAS environmental management and audit community system register or have implemented and certified an ISO- 14001 or ISPO whose scope includes all the activities related to the provision of services regulated in the license, including the maintenance of the vessels, the refueling of fuel and lubricants, as well as the storage and delivery of MARPOL waste.

4. In accordance with the provisions of article 11 of Order FOM 1392/2004, vessels must have a waste delivery plan to port reception facilities authorized by the Port Authority, and said plan must be accepted by the affected facilities. In addition, a list of waste deliveries made during said period will be presented quarterly to the Maritime Captaincy, with the endorsement of said facility.

5. Likewise, the provider must have a protocol or, where appropriate, an action plan for possible discharges, both their own and for intervention at the request of the competent administration, which will be included or integrated into the Internal Maritime Plan. of the Port Authority. Said protocol will include the availability of material and human means of action, the activation and response procedure.

6. The provider will participate in the drill exercises for marine pollution organized by the Port Authority and will prepare a report of lessons learned and proposals for improvement that will be sent to the Port Authority. The exercises will be scheduled sufficiently in advance.

7. The fuels used by the boats will comply with the provisions of R.D. 61/2006, of January 31, which sets the specifications for gasoline, diesel, fuel oil and liquefied petroleum gases, regulates the use of certain biofuels and the sulfur content of fuels for maritime use. The data on fuel consumption, as well as any other information that is relevant for the estimation of the port's carbon footprint, will be available to the Port Authority.

8. The provider company will develop its activity under criteria of energy efficiency and environmental sustainability, making use of renewable energy as far as possible and using the most energy-efficient machinery and techniques, which allow contributing to energy savings and efficiency. in the Port's class action. The provider company must comply with current regulations in this area, as well as the regulations approved by the Port Authority in its port Ordinances and/or be integrated into the policies or recommendations that it promotes in this area. In this regard, the Port Authority will promote the application by the companies providing the energy management system according to ISO 50001.

Prescription 14th Port public service obligations.

The public service obligations regulated by the TRLPEMM in article 110 are the following:

a. Universal coverage public service obligation.

1. The service provider will be obliged to meet all reasonable demands under non-discriminatory conditions.

2. Notwithstanding the foregoing, the Port Authority, in the event of non-payment of the service, may authorize the provider to temporarily suspend the service to a user until payment is made or the debt that generated the suspension is sufficiently guaranteed, in according to the procedure established in Prescription 26.

b. Public service obligations so that the service is provided in conditions of regularity and continuity.

1. The provider will be obliged to maintain the continuity and regularity of the service based on the characteristics of the demand under the conditions indicated in this PPP, except force majeure, and will contribute to the provision of the minimum services that, where appropriate, , could establish the Port Authority.

c. Public service obligations of cooperation in rescue operations, firefighting, fight against pollution, as well as prevention and control of emergencies.

1. The provider will make available to the competent authority that requests it, the human and material resources assigned to the service, especially the specific ones established for this public service obligation in Prescription 12 that, if applicable, are necessary for rescue work, firefighting, fight against pollution, as well as in the prevention and control of emergencies. In particular, in accordance with the provisions of article 22 of the Pilotage Regulations and article 6 of the TRLPEMM, the port service vessels will be at the disposal of the Maritime Administration in case of emergency.

2. In the event that the requesting competent body is different from the Port Authority, the holder of the license shall immediately notify the latter of such request.

3. The interventions carried out as a result of these obligations will accrue the rates established in this PPP.

d. Collaboration in practical training in the provision of the service with the appropriate means in the area of ​​the port in which its activity is carried out.

1. The service provider will be obliged to collaborate in the practical training of new workers in the provision of the service with the appropriate means in the area of ​​the port in which the provision must be carried out.

2. The provider company will be obliged to collaborate in the practical training of the pilot candidates who have passed the theoretical knowledge tests in the pilot qualification process.

E. Submission to the tariff power of the Port Authority.

Taking into account the absence of competition, given that in the pilotage service, for reasons of maritime safety, there is only one provider company, it must be subject at all times to the maximum rates established in these Particular Prescriptions.

Likewise, the Port Authority will control the transparency of the rates and the concepts that are invoiced.

15th Prescription Criteria for the distribution of public service obligations among service providers.

Since the number of providers is limited and there is only one port area providing the service, it is not necessary to establish the criteria for the distribution of public service obligations, which must be assumed by the sole provider.

16th Prescription Criteria for quantification and distribution of compensation for public service obligations.

Since the number of providers is limited and there is only one port area providing the service, it is not necessary to establish the criteria for the distribution of public service obligations, which must be assumed by the sole provider.

Section IVConditions and quality of the provision of the service

Prescription 17th Conditions of the provision of the service.

a. Overall.

1. To carry out port pilotage operations, it will be essential to be the holder of a license for this service in any of the modalities defined in this PPP.

2. The license holder will provide the service as provided in the TRLPEMM, under the conditions established in this PPP and in the license granted by the Port Authority, in accordance with the principles of objectivity and non-discrimination, avoiding at all times engage in anti-competitive practices.

3. The provider must notify any modification of its activity related to the provision of the service, as well as mergers, acquisitions or changes in its shareholding composition that have any implication in the provision of the service or on the financial situation or the regime of incompatibilities provided for in article 121 of the TRLPEMM. The Port Authority will evaluate whether said modifications alter the situation of compliance with the solvency or incompatibility conditions established in this PPP or in the Law.

4. As a guarantee of the adequacy of human and material resources and their operability, the provider must annually attach a Service Organization Plan detailing the procedures involved, the allocation of human resources, work shifts and emergency response plan.

b. Scope of service.

1. The provision of the service will be carried out on a regular and continuous basis, except for reasons of force majeure in which case the service provider will be obliged, without the right to any compensation, to adopt reasonable measures to deal with adverse circumstances and ensure immediate resumption of service. The foregoing is understood without prejudice to the instructions that the Port Authority or the Maritime Captaincy could issue for reasons of port security and cooperation in emergencies.

2. The license holder will provide the service in accordance with the good rules of the trade, in accordance with the principles of objectivity and non-discrimination, and as provided in the TRLPEMM, in the General Pilotage Regulations, under the conditions established in these Particular Prescriptions and in the license granted by the Port Authority.

3. The pilotage service will be provided on board the ships or from the pilot station, including the instructions given by the pilots from the moment they leave the pilotage station, which will be given to carry out the pilotage. provision of the service in efficient and safe conditions for the navigation of ships, their crews, port facilities and service users.

c. Operations included in the service.

1. The pilotage service includes the following operations:

d. Minimum material resources.

1. The owner must keep the minimum material resources established in Prescription 12th in good use and in perfect condition for the provision of the service.

E. Minimal human resources.

1. The service provider must provide sufficient documentation to guarantee the availability of the minimum necessary human team established in Prescription 12 to operate the material means according to the established shifts.

2. The staff will be unequivocally identified by their clothing, according to the company's proposal, and must permanently carry the identification card in a visible place.

f. Provision of the service from the pilot station.

1. The provision of the service from the pilot station will be carried out, provided that the specific material means established in Prescription 12.ªb)ii exist, complying with the conditions established by the Port Authority, following a report from the Maritime Captaincy.

2. These conditions will establish the way in which this type of service is provided and the cases in which this type of service can be provided, which will be determined based on:

g. Service coordination.

1. The service provider must meet all requests for the provision of the service that he receives, under the conditions established in these particular prescriptions.

2. The pilot must remain in contact with the Control Center, where appropriate, assuming the programming of the services communicated by it and notifying the start and end times of each of them, as well as the incidents that arise and will follow the instructions that are given from said center or service. For this, it will have and use the established means of communication and follow the current operating procedures of the Port Authority.

h. Operating conditions.

1. The pilotage service will be provided on a regular and continuous basis to all ships and vessels that request it, whether they have the obligation to use it or already request it voluntarily, and must be operational twenty-four hours a day during all days of the year, except for reasons of force majeure in which case the service provider will be obliged, without the right to any compensation, to adopt the necessary measures to deal with adverse circumstances and ensure the resumption of the service. This without prejudice to the instructions that the Port Authority and the Maritime Captaincy could give for reasons of port security and emergency control.

2. The provision of the service will be carried out with due diligence, avoiding delays in its start, for which the following maximum response times are defined:

3. The formal request and confirmation of the request for the service will be made by the consignee, the Captain or the owner of the ship by the procedure established by the Port Authority and at least one hour in advance.

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4. When the service has been requested or the start time of the service has been agreed upon in advance of the corresponding response time as indicated in the previous point, the provider must have the means available in the required place to the scheduled start time, considering any unjustified delay with respect to said time as a delay.

5. During the service, the Captain of the ship is responsible for commanding and directing the maneuver.

6. The Port Authority will establish the order of priority of the maneuvers, taking into account the priorities that the Maritime Authority may have, where appropriate, for the purposes of maritime safety or for reasons of port exploitation.

7. The navigations through the internal port waters of the vessels destined to this service, must not exceed the maximum speed established in the Port Ordinances established by the Port Authority or by the Maritime Captaincy. In any case, and except in cases of force majeure, they must be carried out at a speed that does not favor the generation of waves that disturb the normal mooring and operation of the vessels docked at adjacent docks or anchored in the vicinity.

i. Conditions of protection and port security.

1. The provider company must be integrated into the plans that the Port Authority prepares to respond to emergency situations, with all its means, both human and material, in order to make them available to the Management of the corresponding Plan, and in accordance with the orders and priorities emanating from him, for which, before the start of the activity from the granting of the license, he must present to the Port Authority the inventory of means, their location, their permanence, schedules and other information that the Port Authority require.

j. Environmental conditions.

1. The provider company must adopt the appropriate measures to prevent episodes of contamination of port waters, avoiding any spillage in the dock.

2. The provider company must adopt the appropriate measures to avoid exceeding the emission limits of pollutants into the atmosphere and noise established by current environmental regulations, avoiding the occurrence or potential occurrence of episodes of air or noise pollution and adopting the technical measures necessary to reduce the emission of polluting particles from engines.

3. The provision of the service will be carried out in strict compliance with the environmental standards established in this PPP, as well as those established or those established in the Exploitation and Police Regulations, in the Port Ordinances and the environmental management systems. that, where appropriate, be adopted by the Port Authority, in accordance with its objectives and indicators of environmental sustainability.

k. Risk and fortune. Taxes and expenses derived from the provision of the service. Responsibility.

1. The service will be performed by the licensee at the sole risk and venture of the licensee.

2. The Port Authority will not be responsible, in any case, for damages caused to third parties as a consequence of the provision of the service, being, where appropriate, the responsibility of the license holder for the damages that it may cause during the development of it. When such damages have been caused as an immediate and direct consequence of an order of the Administration, it will be responsible within the limits indicated in the laws. In the event that the vessels are chartered, the licensee shall also be liable to third parties for damages caused by the vessels.

3. All taxes, excise duties or fees derived from the provision of the service will be paid by the licensee, in accordance with the legislation in force at any time; fuel, water and electricity consumption; as well as any other service that you can use in the port and all the other expenses that the provision causes and that are necessary for the operation of the service.

l. Adaptation to progress.

1. The service provider must incorporate during the term of the license the basic technological innovations that, in the opinion of the Port Authority, can contribute to an improvement in the quality of service provision. The maximum time for incorporating said improvements must be established by the Port Authority after consulting the service provider.

2. The Port Authority may introduce variations in the form of provision of the service that it deems appropriate to improve the pilotage service.

3. The service provider will acquire the commitment to participate in any initiative that the Port Authority promotes to improve the quality of services and will have the obligation to collaborate with the Port Authority in the study of improvements in the provision of the service and in planning future actions.

4. The provider may, on its own initiative, propose changes that in no case may imply deterioration or loss of quality in the provision of the service. Any change will be duly justified and will require prior approval by the Port Authority, and prior experimentation of its use.

5. When the adaptation to progress represents a modification of the conditions established in these Particular Prescriptions, this will be carried out with the same procedures as those followed for its approval in accordance with the provisions of paragraph e. of the 23rd Prescription

m. Start of provision of the service.

1. The service will begin to be provided within a maximum period of one month from the date of notification of the granting of the license. Notwithstanding the foregoing, and in the case of a license renewal, the provision of the service may not be interrupted.

2. Prior to the start of the provision of the service, the Port Authority will proceed to verify that both the material resources committed by the provider and the human resources assigned to the service meet the requirements of this Particular Specification Sheet.

18th Prescription Quality of service provision. Indicators of productivity, performance and quality.

1. The provision of the service will be carried out with due diligence, avoiding delays in the start of the service and observing the good practices of the trade. The service provider must carry out the pilotage operations in a reasonable time according to the characteristics of the ship, the operating conditions, the maritime weather conditions and the start and end points of the provision of the service.

2. The service provider must have, within a maximum period of 1 year from the granting of the license, an ISO 9001 or ISPO quality certification that includes the operation of the pilotage service and the indicators included in paragraph 5 of this Prescription, and must maintain it during the entire period of validity of the license.

3. Service certifications, where appropriate, must be issued by an entity accredited for this purpose by ENAC in accordance with the ISO/IEC 17065 standard.

4. In any case, the provider will maintain the quality standards established by the Port Authority in this PPP, and will respect them, with a minimum character, during the development of the activities included in the provision of the service.

5. The productivity, performance and quality indicators listed below will be computed in semi-annual periods, excluding for valuation purposes all non-compliance situations that are not attributable to the provider, who must provide sufficient data to determine the responsibilities to which there would be place taking into account other administrations according to competences (Maritime Administration etc.):

6. The above indicators will be evaluated for each provider independently.

7. Failure to comply with the above indicators will lead to the application of the penalties established in this PPP. Likewise, its repeated non-compliance may lead to the extinction of the license, without prejudice to the effects that could be derived from said non-compliance.

8. In order to assess the sufficiency of the means established in this document to cover the needs of the port, the indicator corresponding to Congestion will also be recorded, calculated as the percentage of the total services requested of those services not rendered or rendered late because all the means are busy in the provision of other services or there are not enough means available for the requested maneuver. The Congestion indicator must be less than 5%. The provider will not be penalized for non-compliance with this indicator.

9. In the event that during the provision of the service there is a delay in the start of the service or claims or complaints are received for the provision of the same, the causes that have caused the deviations must be recorded, for the knowledge of the Authority Port.

10. In the event of a formal claim regarding the rates and upon request, the provider will make available to the corresponding authority all the pertinent information on the elements that serve as the basis for determining the structure and level of the rates for port services of in accordance with the provisions of article 12.3 of EU Regulation 2017/352.

Prescription 19.ª Supply of information to the Port Authority.

a. General information.

1. The service provider must provide the Port Authority with the detailed information it needs to exercise its control responsibility over the correct provision of the service, so that it can verify compliance with the TRLPEMM and this PPP. This information must be provided in the format and by the means established by the Port Authority. The providers will provide the information requested through the systems that are made available for sending said information, SIGEIN or the one that replaces it.

2. Likewise, the service provider will present a detailed report on the provision of the service every six months, within a maximum period of 15 days from the end of each fiscal year (except in the case of point a), which will contain, as a minimum:

b. Detailed information about the services provided.

1. Information with a semi-annual frequency that allows evaluating compliance with quality and productivity indicators:

2. The provider must document a computerized record with data on the services it provides to ships and make it available to the Port Authority. When access to this registry is not continuous, it will be provided on a monthly basis. This Registry must contain the following data:

3. The documentation supporting the content of the registry will be available for consultation by the Port Authority for a minimum period of four years.

4. Complaints or claims submitted to the provider must be immediately transferred to the Port Authority, where they will be processed in accordance with the rules and procedures applicable to their nature.

c. Accounting separation.

1. In accordance with the provisions of article 122 of the TRLPEMM, the annual accounts of the company must have a strict accounting separation between the pilotage service in the port and other activities that the provider may develop.

2. The Report of the annual accounts must separately reflect the accounting of the activity of the port pilotage service in the port, including in said Report a profit and loss account and a statement of the capital employed corresponding to this activity in a manner separated from other activities of the provider company.

3. Failure to provide this information will entail the penalty described in Prescription 22.ª

d. Other types of information.

1. Service certifications related to the port pilotage service issued by a company duly accredited in accordance with ISO/IEC 17065 Standard and ISO 14000 or EMAS certification must be submitted, at the time of the first certification and at each renewal.

2. The service provider will make available to the Port Authority the annual reports of the external audits carried out on its environmental and quality management systems. These reports must include, among others, possible non-conformities detected in compliance with applicable environmental regulations and quality standards.

3. Any change in the shareholding or partner composition of the license holder must be notified to the Port Authority as soon as it occurs or it is known that it will occur, in order to be able to verify compliance with the established in article 121 of the TRLPEMM and in Prescriptions 10th and 17th

4. Any capital investment in other companies holding licenses for the same service in this Port Authority must be notified immediately.

5. When expressly requested by the Port Authority, the information related to the cost structure of the service must be transferred, with sufficient conceptual separation that allows the valuation of the cost of the service and the valuation of each of its components. . Specifically, at least the following items must be detailed and justified:

6. Any modification that affects any of the following plans of the provider or the plans of the Port Authority in which it is integrated must be notified as soon as it occurs:

E. Faculty of control and inspection.

1. The Port Authority may at any time inspect the means assigned to the provision of the service, as well as verify their proper functioning and may verify compliance with each and every one of the conditions of the license granted.

2. To this end, the provider will facilitate access to the registry contemplated in section b) of this Prescription to the Port Authority at any time that it requires it.

f. Permanent Observatory of the Port Services Market.

1. All the information provided by the provider may be sent to Puertos del Estado to serve as a basis for the preparation of the Annual Competitiveness Report based on the analysis and conclusions of the Permanent Observatory of the Port Services Market in accordance with the provisions of article 123 of the TRLPEMM.

g. Confidentiality.

1. The Port Authority will respect the confidential nature of the sensitive information for commercial purposes that is provided to it.

Prescription 20.ª Responsibilities of the service provider.

a. In front of their workers.

1. The license holder will be kept up to date with compliance with tax, labor and social security obligations throughout the duration of the license.

2. In compliance with the provisions of section a) of article 113.8 of the TRLPEMM, the license will include the following clause that will expressly establish that: "the Port Authority will not respond in any case to the obligations of any nature that correspond to the service provider in front of their workers, especially those that refer to labor relations, salary, risk prevention or social security”.

b. Before users and third parties.

1. In compliance with the provisions of section b) of article 113.8 of the TRLPEMM, the license will include the following clause that will expressly establish that: «it will be the obligation of the provider, to indemnify all damages and losses caused to third parties as a consequence of the provision of the service object of the license. When such damages and losses have been caused as an immediate and direct consequence of an order of the Administration, it will be responsible within the limits indicated in the laws.

c. Risk coverage. Liability insurance.

1. Before starting the activity, the provider company must take out civil liability insurance that covers possible damages caused during the provision of the port service for which the provider is responsible, as well as compensation for professional risks. The amount of said insurance must be the one that the provider deems sufficient to cover the risks inherent to the provision of the service and will, in any case, be equal to or greater than that which guarantees the maximum liability of each pilot in accordance with the provisions of article 281 of the TRLPEMM and in any case equal to or greater than one million euros (€1,000,000). This amount will be updated every five years by the Port Authority according to the variation of the CPI.

2. Likewise, the provider must establish the environmental guarantees derived from the risk assessment carried out, in accordance with the provisions of the Environmental Responsibility Law by any of the means established in said Law. This guarantee may be included in the liability insurance.

Prescription 21st Guarantees.

1. In order to guarantee compliance with the obligations derived from these Particular Prescriptions, the sanctions that may be imposed and the damages that may occur, as well as compliance with the notice clause defined in paragraph 6 of the 5th Prescription in case of resignation of the license or in case of undue abandonment of the service, the provider must constitute, before starting its activity, a guarantee in favor of the President of the Port Authority, the amount of which will be at least fifty thousand euros (50,000 euros).

2. The guarantee will be established in cash, or through a bank or insurance company guarantee, according to the model approved by the Port Authority. The guarantee, which will be joint and several, may be granted by a person or entity other than the licensee, understanding, in any case, that the guarantee is subject to the same responsibilities as if it were constituted by the license holder and without the benefits being used. of excussion, division and order.

3. The previous guarantees will be updated every five years by the Port Authority, according to the accumulated evolution of the general CPI.

4. The constitution of the guarantee does not imply in any case that the liability of the license holder is limited to its amount.

5. Once the license has expired, in accordance with the cases provided for in these Particular Prescriptions, the return of the guarantee or its cancellation will be carried out, once the payment of the pending obligations with the Port Authority is satisfied and provided that the Total or partial loss of the same due to responsibilities incurred by the service provider or the penalties or sanctions that have been imposed and have not been paid.

6. Failure by the provider to comply with the economic obligations and the conditions established in this PPP will allow the execution or immediate disposition of the constituted guarantee.

7. When, by application of the provisions of the preceding paragraphs, the Port Authority had to make use of the guarantee, totally or partially, the provider will be obliged to replace or complement it within a period of 1 month, counted from the act of disposition. If the interested party does not restore or complete the guarantee within the aforementioned period, the Port Authority may terminate the license, as well as take any legal action it deems appropriate.

Prescription 22.ª Penalties and disciplinary system.

a. Penalties.

1. To guarantee proper compliance with these Prescriptions and, without prejudice to the sanction or claim for damages that may arise and other rights and actions that correspond to the Port Authority, it may impose penalties for non-compliance of the conditions established in this PPP and of the productivity, performance and quality indicators set forth in this PPP, provided that such non-compliance is not penalized as an infraction in accordance with the sanctioning regime of the TRLPMM.

2. The penalties that will be applied as a consequence of non-compliance with the following indicators are detailed below:

3. Due to resignation of the license in breach of the notice period established in paragraph 6 of the 5th Prescription, abandonment of the service or termination of the license for any of the reasons indicated in paragraph 2 of the 9th Prescription , except those contemplated in points g) and q), as well as in points s) and t) when the cause is not attributable to the licensee, a penalty is established for the total guarantee established in this PPP.

4. For non-compliance with the terms indicated in the different sections of this PPP, a penalty of 200 euros will be established for each day of delay in each of the documents that the provider is obliged to provide to the Port Authority.

5. In addition, a penalty of 3,000 euros per year is established for not incorporating the accounting separation in the Annual Accounts Report when required as indicated in Prescription 19.

6. The previous penalties will be updated every five years according to the accumulated variation of the national general CPI.

7. These penalties will only apply when the breaches are attributable to the service provider, after hearing the same and through the corresponding reasoned resolution, and will entitle the Port Authority to seize the corresponding amount of the guarantee, the which must be answered by the provider within the period indicated in this PPP.

8. The aforementioned penalties do not exclude compensation to which the Port Authority, users or third parties may be entitled, for damages or losses caused by the service provider, nor the revocation of the license in accordance with the provisions of the prescriptions of this PPP.

b. Penalty regime.

1. This PPP is adjusted in terms of infractions and sanctions to Title IV of the Third Book, Penalty Regime, of the TRLPEMM, and especially to article 306.2.a) in relation to minor infractions, to 307.5 in what refers to serious infractions and to article 308.5 referring to very serious ones, as well as to the provisions of Chapter VII of the General Pilotage Regulations.

2. The sanctions will be as provided in Chapter II of the TRLPEMM in its articles 312 and 313 and in Chapter VII of the General Pilotage Regulations.

3. For the purposes of imposing sanctions, appeals and precautionary suspensions of possible sanctions, it will be governed by the rules of common administrative procedure, being susceptible to being appealed before the competent contentious-administrative jurisdiction.

4. In the case of non-compliance with the articles of application to the pilotage service of Regulation EU 2017/352, the corresponding sanctions will be applied in accordance with the sanctioning regime established in Prescription 28.ª in compliance with article 19 of said Regulation.

Section VEconomic regime of the service

Prescription 23rd Rate structure, maximum rates and update and review criteria.

The port pilotage fees will include the cost of the pilotage and auxiliary personnel, the cost of the vessels and other means used, as well as any other expense or cost necessary for the provision of the service.

The provider will publish its official rates and will make adequate information available to port users on their nature and level in accordance with the provisions of article 15.3 of EU Regulation 2017/352.

a. Fee structure.

1. The rates will be based on the ship's measurement system used in the International Tonnage Agreements, currently the gross tonnage or "GT" (Gross Tonnage), with the legally established corrections. The tonnage of ships will be measured in accordance with the London Convention of 1969.

2. The rates will be established for the service provided, as defined in article 2.1 of Royal Decree 393/1996, understanding pilotage as the advisory service to the captains of ships and floating artifacts, to facilitate their entry and exit to port and nautical maneuvers within it and within the geographical limits (defined in Prescription 3) of the pilotage area.

3. Surcharges may be applied based on incidents attributable to users in the following situations:

4. Reductions will be applied based on incidents attributable to the providers. The concepts for which reductions will be established are:

5. The surcharges and reductions indicated will be applicable as long as they do not obey circumstances or exceptional weather conditions recognized by the Maritime Captain.

6. Surcharges or differentiated costs will not be admissible depending on the day or time the service takes place, in accordance with the provisions of section h) of article 113.4 of the TRLPEMM.

7. This rate structure will be mandatory.

b. Maximum rates.

1. The rates to be applied will be those offered by the provider in the contest, and will always be less than or equal to the maximum established in these Particular Prescriptions.

2. The Port Authority will control the transparency of the rates and concepts that are invoiced.

3. Seven different maximum rate tables are established, each of them corresponding to a section of accumulated tonnage from the previous year, the accumulated tonnage being the sum of the tonnage, measured in GT, of all the vessels to which provided service the previous calendar year, considering each maneuver individually and including all types of traffic.

4. During the first twelve months of validity of this PPP and until the first fifteen of January following said period, the T0 rate will be applied. As of said term, every fifteenth of January the corresponding rate chart of the following will be adopted based on the accumulated tonnage of the previous calendar year.

5. In the event that the accumulated tonnage of the previous year falls outside the upper and lower margins (T+3 and T-3 respectively) contemplated in the following tables, an extraordinary review of the maximum rates will be carried out in accordance with what is established in section e. of this Prescription, and the corresponding extreme rate chart must be applied while the extraordinary review is being processed.

6. The updates due to cost variations that correspond to be applied in accordance with the provisions of section d. of this Prescription, will be applied to all the rate charts in this section.

7. Maximum rates:

The maneuvers considered special, according to the definition established in these particular prescriptions, will be billed based on the coefficients and surcharges indicated in point c) of this Prescription.

c. Rate application rules.

1. Nautical maneuvers other than those contemplated in section a.2 of this Prescription, will be governed by the maximum rates resulting from applying the coefficients detailed below on the amount corresponding to entry or exit pilotage:

2. In the case of maneuvers of ships alongside or in which separators are used, the rates for the services provided will increase by 100%.

3. The corresponding pilotage fee will be accrued by applying a coefficient of 1.4 to those services provided in their entirety outside the limits indicated in Prescription 3rd.

4. The entry or exit pilotage services, whose embarkation or disembarkation is carried out outside the outer vicinity of the limit of the pilotage zone defined in Prescription 3 and within the port area, will accrue for the entirety of the service the corresponding rate, increased by 50%.

5. In cases of delay in the start of the provision of the service, it is the decision of the Captain of the ship whether the pilot remains on board, however, the pilot must leave the ship in those cases in which his stay on board may cause delays in other services. In these cases, the disembarkation of the pilot implies the obligation to confirm the service again.

6. In the event that weather conditions do not allow the pilot to disembark and he is forced to continue on board to another port, the ship must bear the following expenses:

d. Maximum rate update criteria.

1. The Port Authority will update the maximum rates as indicated in paragraph b.6 exclusively as a consequence of cost variations that may have occurred in accordance with the criteria indicated in this section.

2. In accordance with the provisions of Law 2/2015, on the de-indexation of the Spanish economy and in Royal Decree 55/2017 that develops it, these updates will be of a non-predetermined periodic review nature.

3. To carry out these updates, the following objective and public price variation indices of the most significant cost elements of the service will be taken into account (see Annex VII for indications on the location of the data):

< b>4. All price indices used will be corrected excluding tax variations, if they exist.

5. In the event that this update methodology is not used, the update of the maximum rates will be considered an extraordinary review, carried out with the same procedures as those followed for the approval of this PPP.

6. In compliance with the provisions of Royal Decree 55/2017, which develops Law 2/2015, on the de-indexation of the Spanish economy, the file for updating maximum rates must include a supporting report for the preparation of which the provider must provide the Port Authority with the necessary information.

E. Extraordinary review.

1. In accordance with the provisions of article 113.2 of the TRLPEMM, the extraordinary review of the rate structure or the maximum rates provided for in section b. of this Prescription, other than the update regulated in the previous section, will only be carried out on an exceptional basis, in the event that substantial modifications occur that significantly alter the conditions for the provision of the service or when the aggregate tonnage of the previous year remains outside the limits established in section b. of this Prescription.

2. The review will have the nature of a non-periodic review according to the definition of article 2 of Law 2/2015, on the de-indexation of the Spanish economy. In compliance with the provisions of Royal Decree 55/2017, which develops Law 2/2015, on the de-indexation of the Spanish economy, in the PPP modification file, a report will be included that will contain, at least, what is required in article 12 of the Royal Decree and in the first additional provision, depending on whether it is a review motivated by variation in costs or by variation in demand, including the complete economic-financial study in which the variations are taken into account, as the case may be. of the different elements that make up the cost of the service, as well as the variations experienced by the demand.

3. In accordance with the provisions of Prescription 19.ª, when an extraordinary review is carried out, the provider must provide the Port Authority, when requested, the structure of its costs, reflecting the elements of cost, taking into account economic criteria, necessary to be able to reasonably determine the real cost of the service with the minimum breakdown established in paragraph d.5 of Prescription 19.ª

4. As it is a modification of the conditions established in these Particular Prescriptions, it will be carried out with the same procedures as those followed for its approval.

Prescription 23rd Rates for intervention in emergency situations, rescue operations, firefighting or fight against pollution.

1. Direct interventions in response to requests from the competent authority in emergency situations, rescue operations, firefighting or fighting pollution, which cause specific identifiable costs, will give rise to the accrual of the rates indicated below:

2. The same update that applies to the maximum rates for cost variation will be applied to this rate.

3. The cost of consumable products that could be used is not considered included, which will be paid at the replacement price duly justified by the provider, nor the costs of cleaning the boats and removing waste collected in the case to fight against pollution, which will also be justified by the provider.

4. The period to be invoiced will be computed from the moment the order is given and the pilot leaves the pilot station until the pilot's work is finished and he returns to that point.

5. The services may be ordered by the Maritime Authority, by the Port Authority or by the assisted ship or facility, and will be charged to the latter. The replacement of the consumables used during the intervention, as well as the costs of eliminating the waste collected or generated during the intervention, will also be charged to the assisted ship or facility. For these purposes, the shipowner, the owner, the civil liability insurer and the Captain of the ship will be jointly and severally responsible; and, in the case of facilities, the owner of the same, the owner of the business activity, if applicable, and the insurer of the activity.

6. Participation in drills and exercises, with a maximum of 4 per year, will not generate any charge for the Port Authority.

7. Any other additional service requested must be previously offered, and the service will not be carried out in any case until the budget submitted is approved.

Prescription 24.ª Port taxes.

1. The holders of licenses for the provision of the port pilotage service are obliged to pay the following fees:

Prescription 25th Temporary suspension of service to a user.

1. The service provider may temporarily suspend the provision of the same to a user when at least a period of one month has elapsed since the payment of the rates has been reliably required, without it having been made effective or has been specifically and sufficiently guaranteed. For these purposes, the requirement will be made by the creditor provider by any means that allows the user to have proof of the act of receipt and its date.

2. The suspension of the service due to non-payment can only be exercised with prior authorization from the Port Authority and as long as it is not prevented by security reasons.

3. When the provision of the service has been suspended to a user, said suspension must be lifted when required by the Port Authority for duly motivated security reasons.

4. The Port Authority will decide on the suspension within a maximum period of 15 days from the provider's request and may agree, until the resolution that dictates the suspension of the service, the constitution by the user of a prior and specific deposit that guarantees the amount of fees to be accrued.

5. The possibility of suspension must be publicized, so that the user has been able to access this information.

6. Once the payment of what is owed by the user suspended from the service has been made, it will be resumed under normal conditions.

Section VIEntry into force, claims and resources

Prescription 26.ª Entry into force of these particular prescriptions.

1. This list of particular requirements will apply from its publication in the BOE.

Prescription 27.ª Claims and appeals.

1. Any interested party may present the claims that he considers in accordance with the claims processing procedure to be determined.

2. Appropriate legal actions may be filed against this Specification in accordance with the current legal system. If the body to which appeal is not of a jurisdictional nature, it will justify its decisions in writing.

3. In accordance with the provisions of article 16.7 of Regulation (EU) 2017/352, the procedure for processing claims and appeals for alleged breaches of said Regulation will be the contentious-administrative procedure regulated by Law 29/1998 of July 13, regulating the Administrative Litigation Jurisdiction. The competent authorities to resolve such claims are the courts of the contentious-administrative order.

4. The claims and resources referred to in the previous paragraph will be those related to:

5. Claims related to transparency in rates for the provision of port services must be submitted to the following agencies:

6. The sanctioning regime applicable to breaches of these specifications will be the one established in the TRLPEMM.

ANNEX IGlossary

Accident: An accident is understood as any sudden event or event that occurs due to or due to the provider's own activity that causes bodily injury or death to persons, or damage to equipment, materials , other ships or port infrastructure.

Port area: For the purposes of limiting the number of pilotage service providers, a port area is understood to be one that is capable of totally independent exploitation, including its maritime accessibility and, therefore, that the geographical limits of service provision pilotage service corresponding to each of said areas are totally independent.

Ship without engine or without government: Vessel that for any exceptional circumstance is unable to maneuver normally and, therefore, does not have the necessary capacity to carry out the maneuver. Ship without engine or without government is understood when there is a failure of the main engine or the rudder.

Control Center: Center where the general coordination service for port services is provided (CCS of the Port of Alicante).

Congestion: Percentage of services not provided or started late due to all means being busy providing other pilotage services or not having enough free means of service for the requested maneuver.

Market share: Percentage that represents the activity carried out by the holder of the service license in question over the total activity of the port service in the geographical area affected by this PPP measured in GT.

Entry: It is the nautical operation of entering a port and berthing, mooring or anchoring a ship, including the turns and other necessary maneuvers.

Be ready to be used: Situation in which the means assigned to the service are in port and are in technical and operational conditions to provide service, free of faults or any other limitation.

Force majeure: Any unforeseeable and exceptional event, independent of the will of the service provider and the Port Authority, that is not attributable to a fault or negligence of the provider and that could not have been avoided by applying the greatest possible diligence, and that prevents the provision of the service.

Lateness: Degree of non-compliance by the provider with respect to the time in which the provision of the service should begin, in accordance with the provisions of the PPP.

Incident: Any sudden event or event that occurs due to the provider's own activity, with the potential to be an accident, but that does not cause damage to people, equipment, materials, other ships or port infrastructure.

Internal movement: It is the nautical operation of undocking, unmooring or levying a ship, displacement and subsequent berthing, mooring or anchoring, including turning and any other necessary maneuver.

Net worth: That defined as such in the General Accounting Plan approved by Royal Decree 1514/2007, of November 16, which approves the General Accounting Plan.

Delay: Time elapsed from the maximum response time allowed until the pilotage service begins.

Departure: It is the nautical operation of undocking, unmooring or cam and departure from port of a ship, including turning and any other necessary maneuver.

Special services: Services that do not correspond to the usual maneuvers of entry and docking, mooring or anchoring; undocking, unmooring or cam and departure or internal movements, or whose duration exceeds the usual one of the indicated maneuvers.

Response time: Time elapsed from the confirmation of the service request by the ship's command or the Control Center until the service provider arrives alongside the ship with the human and material resources necessary to start the service, excluding delays due to force majeure or extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken or those due to the means being busy in another pilotage service, all duly justified to judgment of the Port Authority. When there is more than one provider with a license open to general use, each of them must adopt the necessary measures to comply with the response time, having the necessary means to attend to all the services requested and accepted by the provider.

Average delay time: average of the delays produced in the start of the services due to causes attributable to the provider.

ANNEX IIDocumentation to be submitted along with the application for a license

For the Port Authority to decide on the granting of a license for the provision of the service object of this PPP, the interested party must submit their offer to the tender or, in the case of application of the second transitory provision, make a request. In both cases, the data indicated in article 66.1 of Law 39/2015, of October 1, on Common Administrative Procedure of Public Administrations must be provided, and it will be accompanied by the documentation indicated below.

In the case of a call for tenders, the tender specifications will establish the requirements that must be accredited and the documentation that must be presented in the offer and those that will be presented by the successful bidder once the tender has been awarded.

A. Of an administrative nature.

1. Documentation accrediting the applicant's capacity to act:

If it is a natural person, national identity document or, in the case of foreign citizens, the equivalent document.

Legal persons by presenting the deed or document of incorporation, the statutes or the founding act, in which its corporate purpose is stated, the rules by which its activity is regulated, duly registered, where appropriate, in the corresponding public registry, according to the type of legal entity in question.

In the case of non-Spanish businessmen who are nationals of Member States of the European Union, the capacity to act will be accredited by their registration in the appropriate registry in accordance with the legislation of the State where they are established, or by presenting an affidavit or a certificate, in the terms established in the regulations for the development of public sector contract legislation. Other foreign businessmen must prove their capacity to act with a report from the Permanent Diplomatic Mission of Spain in the corresponding State or from the Consular Office in whose territory the company's domicile is located.

If the documents provided are not issued in Spain (because they are documents that prove the existence and personality of a foreign entity, its registration in the appropriate registry, etc.), they must be accompanied by an official translation into Spanish made by a sworn translator or through consular or diplomatic representations, and they must also be accompanied by a certification of authenticity through legalized copies, by the corresponding diplomatic representation or through an apostille from The Hague.

2. Documents proving the representation. Those who appear or sign applications on behalf of others, must submit a sufficient power of attorney for this purpose, where appropriate, duly registered in the Mercantile Registry, accompanied by the corresponding certificate of validity, and the national identity document or, in the case of citizens foreigners, the equivalent document.

3. Appointment of a representative, with sufficient powers and with an office in Alicante, for the purpose of establishing regular communication with the Port Authority.

4. Declaration of the shareholding composition or participations at the time of the request. Any change produced during the license processing procedure must be immediately brought to the attention of the Port Authority, so that there is a record of the aforementioned shareholding composition or participations on the date of granting the license.

5. Two certifications accrediting compliance with tax and labor obligations by the Tax Administration and Social Security.

6. Responsible declaration of compliance with the requirements of article 121 of the TRLPEMM on incompatibilities and of not being involved in the causes established in articles 71, 72 and 73 of the Subsection referred to the prohibitions of contracting of Law 9/ 2017, of November 8, of Public Sector Contracts.

7. Responsible declaration of good repute according to the model attached in Annex VI.

8. Declaration responsible for complying and maintaining throughout the validity of the license, the requirements and conditions demanded in the Consolidated Text of the Law of State Ports and the Merchant Navy, the PPP and in the license itself.

9. Declaration responsible for having, and maintaining throughout the validity of the license, the permits, authorizations and licenses legally required for the exercise of the activity.

10. Declaration of submitting to the jurisdiction of the Spanish Courts and Tribunals of any order for all incidents that, directly or indirectly, may arise from the license granted, waiving, where appropriate, the foreign jurisdictional jurisdiction that may apply to the applicant. Spanish applicants should not submit such a declaration.

11. In the case of applicants for licenses restricted to the geographical scope of a maritime passenger station or merchandise terminal dedicated to private use without being the holder of the concession or authorization, a copy of the contract signed between said holder and the applicant license, in accordance with the provisions of article 116.3 of the TRLPEMM.

b. Of an economic-financial nature.

1. Documentation accrediting the economic and financial solvency of the applicant, in accordance with the provisions of Prescription 11.ª

2. Declaration responsible for constituting, before the start of the activity, the guarantee required in Prescription 21.ª and presenting the supporting documentation once constituted.

3. Declaration responsible for contracting, before the start of the activity, civil liability insurance that covers the risks inherent to the provision of the service for the minimum amount established in Prescription 20.ª and for presenting the supporting documentation once hired.

4. Declaration responsible for presenting, before the start of the activity, the supporting documentation of having the environmental financial guarantee that may result. This guarantee may be included in the civil liability insurance.

5. Rates to be applied for their services, including all pertinent information on the elements that serve as the basis for determining their structure and level.

C. Of a technical nature.

1. Responsible declaration of meeting the quality and performance levels indicated in the PPP, as well as those offered in accordance with the organization proposal and procedures for the provision of the service, indicating objective and measurable quality parameters.

2. Declaration responsible for adopting the established procedures and measures and complying with the agreements and regulations that, in relation to the safety and health of workers, are implemented within the port area.

3. Report of the service referred to in the 19th Prescription, with a detailed description of:

4. Specific accreditation of having the human and material resources that will be assigned to the service subject, in any case, to the minimum requirements for this purpose demanded in this PPP. The professional qualification of the crews will be accredited in accordance with what is required in the Certificates of minimum safety manning of the vessels, as well as the certifications that accredit the qualification of each and every one of the pilots to provide the service in the geographical area established in the prescription 3. Likewise, a copy of all the corresponding certificates, insurance and approvals of the boats, vehicles and other equipment will be provided, in compliance with current regulations. In the event that the material means assigned to the service are not owned by the requesting company, the corresponding lease contracts will be provided.

5. Responsible declaration that the members of the crews of the vessels will have the corresponding training at the basic operational level to fight pollution within the periods specified in Prescription 11.ª

6. Certification of the quality and environmental management system (ISO 9001 for quality, and ISO 14001 for the environment or EMAS accreditations or ISPO certification instead) or, failing that, commitment to contribute said certification within the period established in Prescription 13.

7. Before the start of the activity, the provider must present the following plans to the Port Authority:

D. Of another character.

1. Informative communications related to the Organic Law on Data Protection made to each of the natural persons whose data is transferred to the Port Authority and signed individually by each of those affected.

2. Express declaration of knowing and accepting all the conditions of this PPP.

3. Declaration responsible for participating in any initiative that the Port Authority promotes to improve the quality of port services in general.

4. Declaration responsible for notifying the Port Authority of any modification or circumstance that affects or may affect the content of the documentation listed in the previous paragraphs and occurs after the application and/or granting of the license.

ANNEX III Occupational risk prevention

1. ................................... is committed to the Alicante Port Authority (hereinafter Port Authority) to satisfy the following requirements regarding both the activities and services to be developed, as well as the workers, equipment and machinery, substances and preparations that................... ........ allocate to the realization of the same:

In ................, on ...... of ................ of 20... .

Signed:

ANNEX IVOn the processing of personal data

1. In compliance with the provisions of Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights, the Alicante Port Authority (hereinafter Port Authority), with registered office at Muelle de Poniente n.^o 11, 03001 Alicante, informs the interested party that the personal data that, if applicable, is collected through the presentation of the documentation required for the granting of a license for the Provision of the port service object of these particular requirements will be subject to treatment, automated or not, under the responsibility of the Port Authority.

2. The Privacy Policy of the Port Authority is available on the Port Authority's website (https://www.puertoalicante.com/aviso-legal/

ANNEXOVModel for the transfer of the applicant's personal data to the port authority

Natalia Soria Bordera.

Wharf of the West n.^o 11 03001 Alicante.

Mr/Ms. ............, of legal age, residing at .......... street ........................ number ......, population .................. .............., postal code .............., with DNI/NIE .............. ......, of which I attach a photocopy, by means of this written document I express the will to transfer my personal data, in accordance with article 6 of Organic Law 3/2018, on the Protection of Personal Data and guarantee of digital rights and Article 4.11 of EU Regulation 2016/679.

For which, I authorize the processing of the personal data collected in the application for a license to provide the port pilotage service, which are necessary and will be used by the Alicante Port Authority for the granting of the requested license, as well as throughout its duration.

In any case, the rights of access, rectification, deletion, limitation of treatment, portability and opposition may be exercised, in accordance with the provisions of articles 13 to 18 of Organic Law 3/2018, on Data Protection Personal and guarantee of digital rights, as well as in articles 15 to 22 of EU Regulation 2016/679. In the event that these rights are not duly attended to, a claim may be filed with the competent data protection authority.

In ................, on ...... of ................ of 20... .

Signed:

ANNEXOVDeclaration of good repute

ANNEXVIIPrice variation indices

Labor cost price variation index:

The path to follow on the INE website to access the necessary information is as follows: INEbase > Wages and labor costs > Quarterly labor cost survey > National results (since quarter 1/2008)

The direct link to the page at the time of approval of this Specification is http://www.ine.es/jaxiT3/Tabla.htm?t=6033

Index of variation of the price of the fuel used by the boats:

The path to follow on the website of the Ministry for Ecological Transition to access the necessary information is as follows: Energy > Oil > Prices and rates > annual reports

The direct link to the page at the time of approval of this Specification is https://energia.gob.es/petroleo/Informes/InformesAnuales/Paginas/InformesAnuales.aspx

Index of price variation of maintenance and repair operations in the naval sector:

The path to follow on the INE website to access the necessary information is as follows: INEbase > Industrial Price Index. Base 2010 > Industrial Price Index. Base 2010 (CNAE-09) > National Class Indices

The direct link to the page at the time of approval of this Specification is http://www.ine.es/jaxiT3/Tabla.htm?t=3283&L=0

Annual variation index of insurance prices:

The path to follow on the INE website to access the necessary information is as follows: INEbase > Consumer and Housing Price Indices > Consumer Price Indices > Consumer price index. Base 2016. Annual averages

The direct link to the page at the time of approval of this Specification is http://www.ine.es/jaxiT3/Tabla.htm?t=22555&L=0