This document sets out the charges and tariffs to be applied in the ports managed by the Port Authority of Santa Cruz de Tenerife (Santa Cruz de Tenerife, Santa Cruz de La Palma, San Sebastian de La Gomera, La Estaca on El Hierro, and Los Cristianos on the island of Tenerife) pursuant to Royal Legislative Decree 2/2011, of 5th September, under which the recast text of the Spanish Law on State-owned Ports and the Merchant Navy was passed, adapted to the amendments brought into force on 1st January 2016 which are of an annual nature.

Spanish Organic Law 9/2013, of 20th December, on the control of commercial debt in the public sector.

 

  • Transitory provision. Application of the tax amendments included in the second final provision “Amendment of the recast text of the Spanish Law on State-owned Ports and the Merchant Navy”, to the concessions and authorisations granted before this provision came into force.
  • Second final provision. Amendment of the recast text of the Spanish Law on State-owned Ports and the Merchant Navy, passed by Legislative Royal Decree 2/2011, of 5th September.
  • Fifth final provision. Ordinary nature of some provisions.

Royal Decree Law 1/2014, of 24th January, on the reform of infrastructure and transport, and other economic measures (Official State Gazette No. 22, Saturday 25th January 2014).

Explanatory memorandum

The recast text of the Spanish Law on State-owned Ports and the Merchant Navy, passed by Legislative Royal Decree 2/2011, of 5th September, has also been amended to design a more efficient funding system, in which users that receive the navigational aids service, provided by the Spanish Maritime Safety Agency (SASEMAR), should bear the costs of this service, instead of it being paid by the General State Budget.

Over 95% of SASEMAR’s total running costs are paid out of the General State Budget, whilst the shipping community (commercial shipping, recreational sailing, and fishing) only funds a small part of SASEMAR’s operations, despite the fact that shipping activities condition the need for this service.

The navigational aids charge currently in force is to be amended, extending the definition of "maritime signalling service" to adapt it to the actual situation. The proposal adjusts the cost of the service provided to reflect its real cost (cost incurred by port authorities and the cost of SASEMAR).

This measure must be adopted urgently to balance SASEMAR's budget.

 Amendments

Article five. Amendment of the recast text of the Spanish Law on State-owned Ports and the Merchant Navy, passed by Spanish Legislative Royal Decree 2/2011, of 5th September.

Third final provision. This stipulates that the current Royal Decree Law came into force on the day after it was published in the Official State Gazette, i.e. 01/01/2015.

 

General State Budget Law (Spanish Law 48/2015, of 29th October, on the General State Budget for 2016 (Official State Gazette 206, 30/10/2015) (NEW FOR 2016)

The most significant aspects include: 

  • §The basic amounts of port charges for 2016 remain unchanged compared to the amounts charged in 2015.
  • §The rebates applicable in public ports to the occupancy, vessel, passenger and goods charges have been established, pursuant to what is set out in the recast text of the Spanish Law on State-owned Ports and the Merchant Navy, passed by Legislative Royal Decree 2/2011, of 5th September.
  • §Amendment to letter j) first section of article 197 of the TRLEMM, which refers to the coefficient applicable to vessels that run on natural gas when at sea, as well to vessels that use natural gas or electricity supplied from the quay to power their ancillary engines during their port calls: 0.5.
  • §A new 10% rebate on the goods charge has been included for the transport of liquefied natural gas (LNG) from the first tonne onwards.
  • §The introduction of new cruise traffic rebates for vessels whose home port is Malaga and call at a PASCT port (35%) and vice-versa for vessels whose home port is a PASCT port and call at the Port of Malaga (40%). And finally, the introduction of a specific rebate for calls in the low season or from 1st July to 31st August (40%).

 

The articles in the 2016 General State Budget Law which affect the Port Authority of Santa Cruz de Tenerife directly are:

 rticle 77. Rebates applicable in public ports to the occupancy, vessel, passenger and goods charges.

The rebates envisaged in articles 182 and 245 of the recast text of the Spanish Law on State-owned Ports and the Merchant Navy, passed by Spanish Legislative Royal Decree 2/2011, of 5th September, to be applied in 2016 by port authorities to the occupancy, vessel, goods, and passenger charges and, where appropriate, their terms and conditions, shall be those indicated in Appendix XII of this Law, which is included in each of the charges in this document.

Article 78. Correction factors applicable to the vessel, passenger and goods charges in public ports.

The correction factors envisaged in article 166 of the recast text of the Spanish Law on State-owned Ports and the Merchant Navy, passed by Spanish Legislative Royal Decree 2/2011, of 5th September, to be applied by port authorities to the vessel, goods, and passenger charges, remain unchanged for 2016.

For Santa Cruz de Tenerife, this means: 1.20 (Vessel charge), and 1.30 (Passenger and goods charges):

Article 79. Review of the charges applicable to Spanish public ports

Pursuant to what is set out in the 22nd additional provision of the recast text of Spanish Law on State-owned Ports and the Merchant Navy, passed by Legislative Royal Decree 2/2011, of 5th September, the basic amounts of the vessel, passenger, goods, recreational craft, and use of the transit area charges and the fixed charge for the collection of ship-generated waste, established in the aforementioned regulation, have not been subject to review.

In addition,the values of port land and water, the full amounts of the occupancy charge,  the activity charge rates, and the basic amounts of the navigational aids charge, in line with what is set out in articles 177, 178, 190 and 240, respectively, of the aforementioned regulation, also remain unchanged.

 For further information, see: 

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