The State Department web site below is a permanent electronic archive of information released prior to January 20, 2001.  Please see www.state.gov for material released since President George W. Bush took office on that date.  This site is not updated so external links may no longer function.  Contact us with any questions about finding information. NOTE: External links to other Internet sites should not be construed as an endorsement of the views contained therein.

Notice to Research Vessel Operators No. 90

Subject: Spanish Regulations Governing Marine Scientific Research and Port Calls by Research Vessels.
Released by the Department of State, Bureau of Oceans and International Environmental and Scientific Affairs, June 7, 1989.

The U.S. Department of State, Office of Marine Science and Polar Affairs has recently received a copy of Spanish Royal Decree No. 110 of May 8, 1981, which has not been distributed as an NTRVO. Although the requirements are very similar to those of other coastal states and comply with the various articles of the UN Law of the Sea Convention, there are a few details worth mentioning:

1) A six month prior notice requirement is stressed.

2) Spain may choose to send a scientist to the requesting institution "to gain direct knowledge of the nature of the activities to be conducted and the elements to be used in the proposed project."

3) The requesting institution (through Dept. of State) "shall send the Ministry of Foreign Affairs copies of the results of the project and the data obtained, not later than one year from the date of the termination of the research activities."

4) Spanish authorization to conduct proposed project in the EEZ and continental shelf areas "shall be presumed to have been granted if within four months of the application through diplomatic channels, the Ministry of Foreign Affairs has not notified the requesting state of the denial of the authorization or the need to send information to supplement what was furnished at the time of the application." However, express authorization is required to conduct marine scientific research in the territorial sea.

5) Vessels that are used for marine scientific research activities, even if no such activities are proposed in Spanish jurisdiction, and are planning to make calls in Spanish ports, require advance authorization to do so. Requests must be made through official channels at least 15 days in advance of the proposed port call.

A copy of the full decree is enclosed.

----------------------------------------

Department of State
Division of Language Services
(Translation)
LS NO. 129178
DHS/JF

Spanish

Official Bulletin of the Spanish State
No. 110 - May 8, 1981
Section 10394

Marine Scientific Research. Applicable Rules. Royal Decree 799/1981 of February 27 (Office of the Prime Minister) on rules applicable to the conduct of marine scientific research in zones subject to Spanish jurisdiction.

The evolution of international law on the subject of marine scientific research, evidenced by the debates that have been taking place in the Third United Nations Conference on the Law of the Sea and by the promulgation of a series of provisions such as Law 10,977 of January 4 on the Territorial Sea, and Law 15,978 of February 20 on the Economic Zone, make it advisable to adopt a detailed body of rules on the conduct of marine scientific research in zones that are subject to Spanish jurisdiction.

Therefore, with the approval of the Office of the Prime Minister and as proposed by the Ministers of Foreign Affairs, Defense, Industry and Energy, Agriculture, Transportation and Communications, and Universities and Research, and following deliberation by the Council of Ministers at its meeting on February 27, 1981, I hereby provide as follows:

I. General Provisions

Article 1. The marine scientific research activities which foreign states intend to conduct, either directly or under their auspices, in the territorial sea, the exclusive economic zone, or the continental shelf of Spain shall be carried out in accordance with the provisions of this Royal Decree and other provisions now in force.

Article 2. Marine scientific research activities shall not constitute legal grounds for any claim to any part of the marine environment or its resources.

Article 3. 1. The provisions of this Royal Decree shall not affect the procedures set forth in those bilateral international agreements to which Spain is a party. Nevertheless, anyone who wishes to obtain authorization for marine scientific research shall proceed in accordance with the provisions of Article 7 hereof.

2. The provisions of this Royal Decree shall not affect other provisions now in force on the subject of exploration of the zones subject to Spanish jurisdiction and exploitation of their resources, for which the corresponding specific procedures shall be followed.

Article 4. A Marine Scientific Research Subcommittee shall be set up within the Interministerial Commission for International Maritime Policy to coordinate the actions of the various interested Departments.

Article 5. The provisions of this Royal Decree are likewise applicable to marine scientific research activities conducted by international organizations, either directly or under their auspices.

II. Territorial Sea

Article 6. 1. Express authorization from the appropriate Spanish authorities is required in order to conduct marine scientific research activities in the territorial sea.

2. Applications for authorization to conduct marine scientific research activities shall be submitted by the requesting State to the Ministry of Foreign Affairs not less than six months in advance of the planned date for commencement of the activities.

3. The application shall be accompanied by the plans for the research program that is intended to be carried out. The following data must appear in said plan:

(a) Names of the institution sponsoring the research, its director, and the chief of the expedition, as well as the approximate number of research personnel;

(b) Nature and objective of the research project;

(c) Methods and means to be employed, including the name and characteristics of the vessel that will conduct the research activities and a description of the scientific equipment expected to be used;

(d) The precise geographical areas in which it is intended to conduct the research activities, including a nautical chart showing the courses to be followed and the exact location of the research sites;

(e) The anticipated dates for arrival and departure of the research vessel or for the placement and removal of scientific equipment; and

(f) Number of spaces available for possible participation by Spanish scientists.

4. If it is desired that the vessel make a stopover in a Spanish port, the following information shall be added to the list of data contained in paragraph 3 of this article:

(a) Port or ports to be visited.

(b) Anticipated dates of vessel arrival and departure; and

(c) Names of the vessel captain and officers, with list of the names of the crew and scientific personnel who will be on board.

Article 7. 1. After the application for authorization has been received, the Ministry of Foreign Affairs shall request a report from the Ministries of Defense, Industry and Energy, Agriculture, Transportation and Communications, and Universities and Research.

2. The Ministry of Foreign Affairs may ask the requesting State to supplement the information submitted with such data as it believes may be useful in making the best determination as to the research program. Furthermore, the interested ministerial Departments may send a scientist to the research center of the requesting State to gain direct knowledge of the nature of the activities to be conducted and the elements to be used in the proposed project.

Article 8. After the reports mentioned in Article 7 have been received, the Ministry of Foreign Affairs shall notify the requesting States as to whether the project has been authorized or not; the conditions, if any, that were imposed; and whether or not it is desired that Spanish scientists take part in the program. In the last event, the Ministry shall indicate the number of such scientists. The interested Departments shall be advised of the transmittal of this communication.

Article 9. 1. The requesting State shall send the Ministry of Foreign Affairs copies of the results of the project and all the data obtained, not later than one year from the date of the termination of the research activities. Those data and samples that do not lend themselves to reproduction shall remain available to any interested ministries that may desire to examine them at the center which conducted the research.

2. The requesting State shall also send to the Ministry of Foreign Affairs copies of the publications and scientific or other papers prepared on the basis of the data and elements gathered during the project.

3. The Ministry of Foreign Affairs shall send the interested ministries the information that is received in connection with the provisions of this article.

III. The Exclusive Economic Zone and Continental Shelf

Article 10. 1. The authorization of the appropriate Spanish authorities is required in order to conduct marine scientific research activities in the exclusive economic zone or on the continental shelf.

2. The authorization shall be presumed to have been granted if within four months of the submission of the application through diplomatic channels, the Ministry of Foreign Affairs has not notified the requesting State of the denial of the authorization or the need to send information to supplement what was furnished at the time of the application.

Article 11. 1. Applications for authorization shall be submitted and processed, and notice of action thereon given, in accordance with the provisions in paragraphs 2 and 3 of Article 6 and in Articles 7 and 8.

2. The provision in Article 9 as regards the results, data, and samples from the research shall also apply.

Article 12. 1. Spanish authorities may demand that any marine scientific research activity being conducted in the exclusive economic zone or on the continental shelf be suspended if:

(a) The research activities are not being conducted in accordance with the information transmitted by the requesting State in its research program; or

(b) Spanish regulations in force and the conditions under which the authorization was granted are not being observed during the course of the research activities.

2. Spanish authorities may also demand the cessation of any marine scientific research activity in the event that the noncompliance referred to in paragraph 1 of this article entails a major change in the project or in the research activities.

3. Notice of the decision to suspend or cease the marine scientific research activities shall be sent by the Ministry of Foreign Affairs to the requesting State.

Article 13. In the event that an international organization of which Spain is a member wishes to conduct, either directly or under its auspices, marine scientific research activities in the exclusive economic zone or on the continental shelf, the research project shall be considered as having been authorized if the Spanish representatives to the organization give their approval to the project at the time or are willing to participate in same, and if the Ministry of Foreign Affairs has not formulated any objection within four months of the date on which the organization notified it of the research program.

IV. Visits to Ports

Article 14. 1. Foreign vessels that are used for marine scientific research activities but are neither conducting nor proposing to conduct such activities in zones subject to Spanish jurisdiction, yet wish to make calls in Spanish ports, will need authorization to do so.

2. The requesting State shall address its application to the Ministry of Foreign Affairs at least 15 days in advance of the planned date of the call.

3. The request shall be accompanied by the following data:

(a) Information on the research program that has been conducted, is being conducted, or is expected to be conducted;

(b) The precise geographical areas in which research has been conducted, is being conducted or is expected to be conducted;

(c)..Port or ports that it is planned to visit, and scheduled dates for the arrival and departure of the vessel;

(d) Name and characteristics of the vessel;

(e) Names of the vessel captain and officers, list of the names of the crew, as well as the names of the chief of the expedition and the scientific personnel who will be on board;

(f) Purpose of the visit.

Article 15. 1. After the application has been received, the Ministry of Foreign Affairs shall request a report from the Ministry of Defense.

2. After the pertinent report has been received, the Ministry of Foreign Affairs shall notify the requesting State as to whether the requested visit has been authorized and the conditions, if any, imposed thereon.

Article 16. Visits by foreign vessels used for marine scientific research that are considered to be warships or navy auxiliaries shall be governed by the specific provisions that apply to such cases.

Final Provision

The appropriate bodies of the Administration shall issue such provisions as may be necessary to the implementation of this Royal Decree.

Given at Madrid, February 27, 1981.

King Juan Carlos.

The Minister for Relations with the office of the Prime Minister - Pio Cabanillas Gallas.

[end of document]

Return to the DOSFAN Home Page.
This is an official U.S. Government source for information on the World Wide Web. Inclusion of non-U.S. Government links does not imply endorsement of contents.