Report for the Council of Ministers

• High-speed semi-rigid and inflatable vessels will be declared prohibited, with the exception of those assigned to national defense, vessels of public agencies or recognized international organizations, and recreational vessels with certain requirements.
• To ensure compliance with the regulations, a register for this type of vessel will be created in the Ministry of Finance and a mechanism for inspection and control will be established by regulation.

July 13, 2018 .- The Council of Ministers has today given the go-ahead, following the corresponding report from the Ministry of Finance, to the processing of the Preliminary Draft Law to amend the Organic Law on the Suppression of Smuggling, an initiative promoted by the Ministry, through the Customs and Excise Department of the Tax Agency, in order to advance the fight against criminal organizations dedicated to drug trafficking and tobacco smuggling by declaring as prohibited goods, for the purposes of the law, the high-speed vessels used by the mafias, especially on the coasts of Campo de Gibraltar.

This legislative initiative will penalise the illegal use of high-speed semi-rigid and inflatable boats, known as 'RHIBS', in order to provide the bodies responsible for the repression of smuggling with an effective legal tool to proceed against a type of vessel commonly used by organisations to introduce contraband goods into Spanish coasts, mainly hashish from Morocco and tobacco from Gibraltar.

Given the current situation, in which it is very difficult to proceed legally against so-called 'narco-boats' if they do not contain illegal cargo at the time of their detention, the proposed amendment will allow objective parameters to be taken into consideration, such as the technical characteristics of the vessel, its ownership or the purpose of its use, in order to proceed with its seizure, even on land and without illegal cargo, and to initiate the corresponding sanctioning proceedings or to formulate the relevant complaints for the crime of smuggling.

Crimes and associated fines

According to the proposed legislative amendment, since RHIBS are defined as prohibited goods for the purposes of the law, they may be confiscated as soon as they are detected and various activities related to them will have criminal or administrative implications.

Thus, the possession of these vessels, as well as their manufacture, circulation, import, export, commercial activity and rehabilitation, will constitute, unless the legal requirements are met, an administrative offence if the value of the seized vessels does not exceed 50,000 euros, or, if it exceeds that amount, a crime of smuggling, punishable by imprisonment of one to five years and a fine of up to six times the value of the seized goods.

Affected vessels and exceptions

The proposed legislative amendment affects inflatable and semi-rigid vessels of more than eight metres in length, as well as those of shorter length with a maximum power equal to or greater than 150 kilowatts and any other vessel, regardless of size and power, if there are reasonable indications assessed in the regulation itself that they may be used to commit or facilitate the commission of a smuggling offence.

In parallel, a regime of exceptions to the prohibition is established for inflatable and semi-rigid vessels assigned to national defence, foreign state ships or vessels legally in Spanish waters, state and territorial administration vessels, and those assigned to international organisations recognised as such in Spain, as well as auxiliary vessels effectively and exclusively assigned to the service of a main vessel.

Prior authorization and registration regime

Additionally, vessels other than those mentioned above that are used for maritime rescue and assistance will be exempt from the prohibition, subject to prior authorization and registration in a registry; those used for inland navigation on lakes, rivers and waters outside Spanish maritime spaces; those affected by business, sports, research or training activities, and recreational activities intended for private use that meet the regulatory requirements established in terms of safety, technology and marketing.

To ensure compliance with this standard, a Special Register of Operators of High-Speed Pneumatic and Semi-Rigid Vessels will be created, located in the Ministry of Finance, which will be accessible to other agencies, and an inspection and control mechanism will be developed by regulation.

The proposed regulatory change establishes a vacatio legis of six months from its approval for entry into force, at which time a period of six months opens for regularizing the situation of vessels that must be subject to authorization of use and registration in the registry.