The Royal Decree-Law 16 / 2018, of 26 October 2018, on certain measures to combat the traffic of persons and goods in relation to the vessels used, enters into force

On Friday, the Council of Ministers approved theReal Decreto- law 16 / 2018adopting certain measures to combat the illicit traffic in persons and goods in relation to the vessels used, which entered into force yesterday, 28 October, following its publication in the B.O.E. on Saturday, 27 October. With regard to the acceleration of this rule, the Government"considers that the most appropriate instrument for carrying out this measure is the Royal Decree-law" for its extraordinary and urgent need. "The cited Royal Decree-law"replaces and decays the Preliminary Draft Law amending the Organic Law on the Suppression of the Smuggling submitted last July"(adopted at the Council of Ministers on 13 July).

Anen is planning a new meeting with the Directorate-General for Customs in the near future to intervene in the regulatory development of the Special Register as well as to clear some doubts and unknowns that have arisen as a result of the entry into force of this law. Here is an analysis of the key issues that theReal Decreto- law 16 / 2018

1. What is meant by prohibited gender?

The following vessels shall be considered as prohibited under the law:

(a) For the purposes of this Regulation, the following conditions shall apply:

i. All those whose hull, including the pneumatic structure, is less than or equal to 8 metres in total length, having a maximum power, regardless of the engine number, of 150 kilowatt or more (203.94 hp).

ii. All those whose helmet, including the pneumatic structure, is more than 8 meters in total length.

(b) For the purposes of this Regulation, the following definitions shall apply:

The text provides for a definition of what is understood as rational elements or indications such as non-compliance with the obligation to register and register or the significant modification of the part of the shipment in respect of the original constructive project, or navigations that are carried out without meeting the requirements of the security agents.

The prohibited side of the vessel is extended to the manufacture, repair, reform, circulation, possession or trade of the vessels referred to in this paragraph, as well as to the navigation of any point in the inland waters, territorial sea or adjacent area.

2. What exemptions are provided for in the law?

The definition as prohibited shall not reach the following neutral and semi-rigid vessels:

(a) The national defence.

(b) Those who have the consideration of foreign State vessels or vessels legally found in swordwaters.

(c) The vessels of the State Security Forces and the State Tax Administration Agency attached to the Customs Surveillance Service.

(d) Those used for the fulfilment of their purposes by the others or bodies of the State, communities and cities, local entities or by public bodies linked or dependent on them, as well as those attached to international organizations recognized as such in the Kingdom of Spain.

(e) Auxiliary vessels, regardless of their length, which are effectively and exclusively affected by the service of a main shipment.

(f) vessels other than those referred to in (c) which are affected by rescue and marine assistance.

(g) Those used for inland navigation by lakes, rivers and waters outside the sea spaces.

(h) They affect the exercise of business, sports, research or training activities.

(i) Recreation for private use which meet the regulatory requirements for safety, safety and marketing. This precept was incorporated at Anen's request following meetings with the Ministry of the Interior prior to the publication of the present Royal Decree-Law.

3. Obligation to register in a Special Register

By way of derogation from the above, the law provides that in the cases referred to in (f), (g), (h) and (i) above, the exclusion of the classification as a prohibited type shall require, as a condition, the registration of the operator in the Special Register of Neumatic and Semi-speed Operators and the authorisation of use and registration in the same Register of each of the vessels in which it is in accordance with the circumstances provided for in paragraph 1 (a) of the application made by the operator.

This register shall be for the whole territory of the Member State and shall be located at the State Agency for Tax Administration, to which it is responsible for the management and maintenance of the same and the registration and authorisation procedures shall be carried out electronically.

4. What happens to ships already in circulation and falling within category (f), (g) (h) and (i)?

Its holders will have until the next 29 April (6 months after the entry into force of the Act) to apply for registration in the Special Register of operators of pneumatic and semi-high-speed shipments and for the authorisation of the vessels which require it in accordance with the above provisions.

5. What should we do until the Special Register is established and regulated by regulation?

Until then, applications for registration in the register of operators of pneumatic and semi-high-speed shipments and for the authorisation of use of vessels must be made through the electronic headquarters of the State Tax Administration Agency, in accordance with the rules laid down in that text. As long as there is no express resolution on the applications for registration of operators or for the authorisation of use of vessels, they shall be provisionally granted, without making it conditional on the final decision to be taken.