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TAIEX WORKSHOP ON MARINE CASUALTY INVESTIGATION Baku, Azerbaijan - 5 & 6 September 2012 COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES TAIEX WORKSHOP.

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Presentation on theme: "TAIEX WORKSHOP ON MARINE CASUALTY INVESTIGATION Baku, Azerbaijan - 5 & 6 September 2012 COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES TAIEX WORKSHOP."— Presentation transcript:

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2 TAIEX WORKSHOP ON MARINE CASUALTY INVESTIGATION Baku, Azerbaijan - 5 & 6 September 2012 COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES TAIEX WORKSHOP ON MARINE CASUALTY INVESTIGATION Baku, Azerbaijan - 5 & 6 September 2012 COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES Jesús Valle Cabezas

3 COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES Public Works Agriculture Justice Defence Public Health Labour Interior NATIONAL AUTHORITIES CENTRAL GOVERNMENT AUTONOMUOS COMMUNITIES LOCAL AUTHORITIES CONCLUSIONS

4 COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES Spain is a Nation with 17 Autonomous Communities 2 Autonomous Cities 51 provinces There is a Central Government Each Autonomous Community has its own Government Each province has its local government There are Maritime competences in: 10 maritime Autonomous Communities 23 maritime provinces There are many National Authorities to coordinate NATIONAL AUTHORITIES Public Works Agriculture Justice Defence Public Health Labour Interior NATIONAL AUTHORITIES CENTRAL GOVERNMENT AUTONOMUOS COMMUNITIES LOCAL AUTHORITIES CONCLUSIONS

5 COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES CENTRAL GOVERNMENT AUTHORITIES AUTONOMOUS COMMUNITIES AUTHORITIES LOCAL AUTHORITIES NATIONAL AUTHORITIES Public Works Agriculture Justice Defence Public Health Labour Interior NATIONAL AUTHORITIES CENTRAL GOVERNMENT AUTONOMUOS COMMUNITIES LOCAL AUTHORITIES CONCLUSIONS

6 COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES President CENTRAL GOVERNMENT King Ministry of Agriculture, Food Supply and Environment Ministry of Foreign Affairs and Cooperation Ministry of Defence Ministry of Economy and Competitiveness Ministry of Education, Culture and Sports Ministry of Labour and Social Security Ministry of Public Works and Transport Ministry of the Treasury and Public Administration Ministry of Industry, Energy and Tourism Ministry of Interior Ministry of Justice Ministry of Public Health, Social Services and Equal Opportunities Ministry of Presidency Public Works Agriculture Justice Defence Public Health Labour Interior NATIONAL AUTHORITIES CENTRAL GOVERNMENT AUTONOMUOS COMMUNITIES LOCAL AUTHORITIES CONCLUSIONS

7 COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES President King Ministry of Agriculture, Food Supply and Environment Ministry of Foreign Affairs and Cooperation Ministry of Defence Ministry of Economy and Competitiveness Ministry of Education, Culture and Sports Ministry of Labour and Social Security Ministry of Public Works and Transport Ministry of the Treasury and Public Administration Ministry of Industry, Energy and Tourism Ministry of Interior Ministry of Justice Ministry of Public Health, Social Services and Equal Opportunities Ministry of Presidency We need coordination between these Ministries CENTRAL GOVERNMENT Public Works Agriculture Justice Defence Public Health Labour Interior NATIONAL AUTHORITIES CENTRAL GOVERNMENT AUTONOMUOS COMMUNITIES LOCAL AUTHORITIES CONCLUSIONS

8 COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES Ministry of Public Works and Transport CENTRAL GOVERNMENT Public Works Agriculture Justice Defence Public Health Labour Interior NATIONAL AUTHORITIES CENTRAL GOVERNMENT AUTONOMUOS COMMUNITIES LOCAL AUTHORITIES CONCLUSIONS General Directorate for Merchant Navy General Directorate for Merchant Navy General Directorate for Civil Aviation General Directorate for Civil Aviation General Directorate for Land Transport General Directorate for Land Transport CIAIM Subsecretariat Secretariat of State for Infrastructures, Transport and Housing Secretariat of State for Infrastructures, Transport and Housing General Secretariat for Transports General Secretariat for Transports General Secretariat for Infrastructures General Secretariat for Infrastructures Minister

9 COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES Ministry of Public Works and Transport CENTRAL GOVERNMENT Public Works Agriculture Justice Defence Public Health Labour Interior NATIONAL AUTHORITIES CENTRAL GOVERNMENT AUTONOMUOS COMMUNITIES LOCAL AUTHORITIES CONCLUSIONS General Directorate for Merchant Navy General Directorate for Merchant Navy General Directorate for Civil Aviation General Directorate for Civil Aviation General Directorate for Land Transport General Directorate for Land Transport CIAIM Subsecretariat Secretariat of State for Infrastructures, Transport and Housing Secretariat of State for Infrastructures, Transport and Housing General Secretariat for Transports General Secretariat for Transports General Secretariat for Infrastructures General Secretariat for Infrastructures Minister

10 COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES Ministry of Public Works and Transport CENTRAL GOVERNMENT Public Works Agriculture Justice Defence Public Health Labour Interior NATIONAL AUTHORITIES CENTRAL GOVERNMENT AUTONOMUOS COMMUNITIES LOCAL AUTHORITIES CONCLUSIONS General Directorate for Merchant Navy General Directorate for Merchant Navy General Directorate for Civil Aviation General Directorate for Civil Aviation General Directorate for Land Transport General Directorate for Land Transport CIAIM Subsecretariat Secretariat of State for Infrastructures, Transport and Housing Secretariat of State for Infrastructures, Transport and Housing General Secretariat for Transports General Secretariat for Transports Port Authority Spanish Maritime Safety & Rescue Entity (SASEMAR) General Secretariat for Infrastructures General Secretariat for Infrastructures Unit for emergencies and coordination and management of crisis situations Minister NOTIFICATION NOTI. We have access to all their information

11 COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES Ministry of Public Works and Transport CENTRAL GOVERNMENT Public Works Agriculture Justice Defence Public Health Labour Interior NATIONAL AUTHORITIES CENTRAL GOVERNMENT AUTONOMUOS COMMUNITIES LOCAL AUTHORITIES CONCLUSIONS General Directorate for Merchant Navy General Directorate for Merchant Navy General Directorate for Civil Aviation General Directorate for Civil Aviation General Directorate for Land Transport General Directorate for Land Transport CIAIM Subsecretariat Secretariat of State for Infrastructures, Transport and Housing Secretariat of State for Infrastructures, Transport and Housing General Secretariat for Transports General Secretariat for Transports Port Authority Spanish Maritime Safety & Rescue Entity (SASEMAR) General Secretariat for Infrastructures General Secretariat for Infrastructures Unit for emergencies and coordination and management of crisis situations Minister NOTIFICATION We have to coordinate our actions

12 COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES Ministry of Public Works and Transport CENTRAL GOVERNMENT Public Works Agriculture Justice Defence Public Health Labour Interior NATIONAL AUTHORITIES CENTRAL GOVERNMENT AUTONOMUOS COMMUNITIES LOCAL AUTHORITIES CONCLUSIONS General Directorate for Merchant Navy General Directorate for Merchant Navy General Directorate for Civil Aviation General Directorate for Civil Aviation General Directorate for Land Transport General Directorate for Land Transport CIAIM Subsecretariat Secretariat of State for Infrastructures, Transport and Housing Secretariat of State for Infrastructures, Transport and Housing General Secretariat for Transports General Secretariat for Transports Port Authority Spanish Maritime Safety & Rescue Entity (SASEMAR) General Secretariat for Infrastructures General Secretariat for Infrastructures Unit for emergencies and coordination and management of crisis situations Minister Law 33/2010, 5th August 2010 We are authorities in the Spanish Ports

13 COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES Ministry of Public Works and Transport CENTRAL GOVERNMENT Public Works Agriculture Justice Defence Public Health Labour Interior NATIONAL AUTHORITIES CENTRAL GOVERNMENT AUTONOMUOS COMMUNITIES LOCAL AUTHORITIES CONCLUSIONS The position of CIAIM in the Ministry of Public Works and Transport and RD 800/2011 guaranteed the coordination with: General Directorate for Merchant Navy Spanish Maritime Safety & Rescue Entity (SASEMAR) The position of CIAIM in the Ministry of Public Works and Transport and Law 33/2010 guaranteed the coordination with: Port authorities, including Port Police, and Investigators of CIAIM are authorities in the Spanish Ports The information flow is only from the Ministry Departments to CIAIM The position of CIAIM in the Ministry of Public Works and Transport and RD 800/2011 guaranteed the coordination with: General Directorate for Merchant Navy Spanish Maritime Safety & Rescue Entity (SASEMAR) The position of CIAIM in the Ministry of Public Works and Transport and Law 33/2010 guaranteed the coordination with: Port authorities, including Port Police, and Investigators of CIAIM are authorities in the Spanish Ports The information flow is only from the Ministry Departments to CIAIM

14 COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES Ministry of Agriculture, Food Supply and Environment CENTRAL GOVERNMENT Public Works Agriculture Justice Defence Public Health Labour Interior NATIONAL AUTHORITIES CENTRAL GOVERNMENT AUTONOMUOS COMMUNITIES LOCAL AUTHORITIES CONCLUSIONS The General Subdirectorate for Fisheries Inspection is in this Ministry They provide CIAIM, under request, information about: Fishing vessels positions (Blue box) Fishing fleet information (Fleet census) They can help CIAIM during the investigation granting access to: Fishing vessels Fishermen associations (Good places for interviews) The General Subdirectorate for Fisheries Inspection is in this Ministry They provide CIAIM, under request, information about: Fishing vessels positions (Blue box) Fishing fleet information (Fleet census) They can help CIAIM during the investigation granting access to: Fishing vessels Fishermen associations (Good places for interviews)

15 COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES Ministry of Justice CENTRAL GOVERNMENT Public Works Agriculture Justice Defence Public Health Labour Interior NATIONAL AUTHORITIES CENTRAL GOVERNMENT AUTONOMUOS COMMUNITIES LOCAL AUTHORITIES CONCLUSIONS Courts and Judicial Police are in this Ministry In the framework of the Spanish legal system Judicial Authorities can ask for information and they have the right to stop an investigation We must coordinate with the Ministry of Justice: The actuations with the Judicial Police To avoid the Courts to decree the Secret of the Summary To have access to their information The problem is normally more formal than real, but in some cases there will be problems of confidentiality (Costa Concordia) Courts and Judicial Police are in this Ministry In the framework of the Spanish legal system Judicial Authorities can ask for information and they have the right to stop an investigation We must coordinate with the Ministry of Justice: The actuations with the Judicial Police To avoid the Courts to decree the Secret of the Summary To have access to their information The problem is normally more formal than real, but in some cases there will be problems of confidentiality (Costa Concordia)

16 COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES Ministry of Defence CENTRAL GOVERNMENT Public Works Agriculture Justice Defence Public Health Labour Interior NATIONAL AUTHORITIES CENTRAL GOVERNMENT AUTONOMUOS COMMUNITIES LOCAL AUTHORITIES CONCLUSIONS We do not investigate accidents or incidents of military vessels They help us in our investigation, under request Investigators of CIAIM are authorities in the Spanish Ports (Law 33/2010) Coordination is very formal following the military scale We do not investigate accidents or incidents of military vessels They help us in our investigation, under request Investigators of CIAIM are authorities in the Spanish Ports (Law 33/2010) Coordination is very formal following the military scale

17 COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES Ministry of Public Health, Social Services and Equal Opportunities CENTRAL GOVERNMENT Public Works Agriculture Justice Defence Public Health Labour Interior NATIONAL AUTHORITIES CENTRAL GOVERNMENT AUTONOMUOS COMMUNITIES LOCAL AUTHORITIES CONCLUSIONS Public hospitals and forensic services are in this Ministry We obtain information from them related to the health of the seafarers Public hospitals and forensic services are in this Ministry We obtain information from them related to the health of the seafarers

18 COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES Ministry of Labour and Social Security CENTRAL GOVERNMENT Public Works Agriculture Justice Defence Public Health Labour Interior NATIONAL AUTHORITIES CENTRAL GOVERNMENT AUTONOMUOS COMMUNITIES LOCAL AUTHORITIES CONCLUSIONS Social Security and Labour Inspection are in this Ministry We obtain information from them related to the social security situation of the seafarers Some accidents or incidents are catalogued as labour accidents. They do their investigations following ILO procedures. We have access to the reports of their investigations Social Security and Labour Inspection are in this Ministry We obtain information from them related to the social security situation of the seafarers Some accidents or incidents are catalogued as labour accidents. They do their investigations following ILO procedures. We have access to the reports of their investigations

19 COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES Ministry of Interior CENTRAL GOVERNMENT Public Works Agriculture Justice Defence Public Health Labour Interior NATIONAL AUTHORITIES CENTRAL GOVERNMENT AUTONOMUOS COMMUNITIES LOCAL AUTHORITIES CONCLUSIONS In this Ministry are: The Civil Guard The National Police They have also control of the frontiers We advise them about our presence and they collaborate with us We have done a collaboration agreement with the Civil Guard In this Ministry are: The Civil Guard The National Police They have also control of the frontiers We advise them about our presence and they collaborate with us We have done a collaboration agreement with the Civil Guard

20 COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES AUTONOMOUS COMMUNITIES Public Works Agriculture Justice Defence Public Health Labour Interior NATIONAL AUTHORITIES CENTRAL GOVERNMENT AUTONOMUOS COMMUNITIES LOCAL AUTHORITIES CONCLUSIONS All the Autonomous Communities have their own presidents and parliaments They are under the National Laws so they recognize our participation and authority, but they always want to participate They control de Autonomous emergency services Catalonia, Galicia and the Vasc Country have: Their own Autonomous Police and Firemen Departments Competences in Labour Inspection Their own language (we have investigators with capabilities in these languages) They increase the coordination work All the Autonomous Communities have their own presidents and parliaments They are under the National Laws so they recognize our participation and authority, but they always want to participate They control de Autonomous emergency services Catalonia, Galicia and the Vasc Country have: Their own Autonomous Police and Firemen Departments Competences in Labour Inspection Their own language (we have investigators with capabilities in these languages) They increase the coordination work

21 COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES LOCAL AUTHORITIES Public Works Agriculture Justice Defence Public Health Labour Interior NATIONAL AUTHORITIES CENTRAL GOVERNMENT AUTONOMUOS COMMUNITIES LOCAL AUTHORITIES CONCLUSIONS They control the Local Police and the local emergency services They are under the National Laws so they recognize our participation and authority, but they always want to participate They are politicians They increase the coordination work They control the Local Police and the local emergency services They are under the National Laws so they recognize our participation and authority, but they always want to participate They are politicians They increase the coordination work

22 COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES LOCAL AUTHORITIES Public Works Agriculture Justice Defence Public Health Labour Interior NATIONAL AUTHORITIES CENTRAL GOVERNMENT AUTONOMUOS COMMUNITIES LOCAL AUTHORITIES CONCLUSIONS They are other local NON authorities to be taken into account: Press Private security Company DPA Insurance companies Families All types of politicians and pressure groups Etc They are other local NON authorities to be taken into account: Press Private security Company DPA Insurance companies Families All types of politicians and pressure groups Etc

23 CONCLUSIONS CIAIM has the capability to coordinate or cooperate in the coordination of many different actors in maritime accident scenarios Except for the relations with Judicial Authorities, CIAIM receives information but never give information to third parties COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES Public Works Agriculture Justice Defence Public Health Labour Interior NATIONAL AUTHORITIES CENTRAL GOVERNMENT AUTONOMUOS COMMUNITIES LOCAL AUTHORITIES CONCLUSIONS

24 COORDINATION BETWEEN INTERESTED NATIONAL AUTHORITIES Public Works Agriculture Justice Defence Public Health Labour Interior NATIONAL AUTHORITIES CENTRAL GOVERNMENT AUTONOMUOS COMMUNITIES LOCAL AUTHORITIES CONCLUSIONS


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