The evolution of international law in the field of scientific and marine research, evidenced through the debates that have been held within the Third United Nations Conference on the Rights of the Sea and the The promulgation of a series of provisions such as the Law tithe/thousand nine hundred and seventy-seven, of four January, on the Territorial Sea, and the Law fifteen/thousand nine hundred and seventy-eight, of 20 February, on Economic Zone, make the adoption of detailed rules on the conduct of scientific research activities marine in areas subject to Spanish jurisdiction.

In its virtue, with the approval of the Presidency of the Government, on a proposal from the Ministers of Foreign Affairs, Defense, Industry and Energy, Agriculture, Transport and Communications and Universities and Research, and previous deliberation of the Council of Ministers at its meeting of the twenty-seventh day of February of a thousand nine hundred and eighty-one,

DISPONGO:

I. General provisions

Article first.

The scientific-maritime research activities that foreign states intend to carry out, directly or under their auspices in the territorial sea, the exclusive economic zone or the continental shelf of Spain, carry out in accordance with the provisions of this Royal Decree and other provisions in force.

Article 2.

Scientific-marine research activities shall not constitute a legal basis for any claim on any part of the marine environment or its resources.

Third item.

One. The provisions of this Royal Decree shall not affect the procedures provided for in the bilateral international conventions in which Spain is a party. However, for the granting of the authorisation of scientific-marine research activities, it shall be carried out in accordance with the provisions of Article 7.

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

Article 4.

To coordinate the actions of the different departments concerned, a Subcommittee of Scientific and Marine Research will be constituted within the Inter-Ministerial Commission of International Maritime Policy.

Article 5.

The provisions of this Royal Decree are also applicable to scientific-marine research activities carried out by international organizations, either directly or under their auspices:

II. Territorial sea

Article 6.

One. For the carrying out of scientific research activities in the territorial sea, the express authorisation of the competent Spanish authorities shall be required.

Two. Requests for authorisation for the conduct of scientific research activities shall be submitted by the requesting State in the Ministry of Foreign Affairs within a period of not less than six months in advance of the date planned for the start of the activities.

Three. The request shall be accompanied by the research programme to be carried out. The programme shall contain the following

:

(a) Name of the research sponsoring institution, its Director and the Head of the expedition, as well as the approximate cash of the research staff,

b) Indole and objective of the research project.

(c) Method and means to be used, including the name and characteristics of the vessel to be used for the research activities and a description of the scientific equipment to be used.

(d) The precise geographical areas in which the research activities are intended to be carried out, including a nautical chart indicating the losses and the exact location of the research sites.

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

f) Number of places available for the eventual participation of Spanish scientists.

Four. If the vessel wishes to scale in a Spanish port, the data contained in paragraph 3 of this article should be added as follows:

a) Port or ports to be visited.

(b) Dates intended for the arrival and departure of the vessel; and

c) Name of the Captain and Officers and nominal relationship of the crew and the scientific staff travelling on board.

Item seventh.

One. Once the request for authorisation has been received, the Ministry of Foreign Affairs will seek the relevant report from the Ministries of Defence, Agriculture, Industry and Energy, Transport and Communications and Universities and Research.

Two. The Ministry of Foreign Affairs may request the requesting State to supplement the information submitted with the information deemed appropriate for the best determination of the research programme. The ministerial departments concerned may also send a scientist to the Research Centre of the requesting State so that he may acquire a direct knowledge of the nature of the activities to be carried out and the elements to be used in the proposed campaign.

Article 8.

Once the reports provided for in Article 7 are received, the Ministry of Foreign Affairs shall inform the requesting State whether or not the proposed campaign is authorised, the conditions which, if any, are established and if In this case, the participation of Spanish scientists in the same one, communicating in this case the name of the aforementioned scientists. The departments concerned will be informed of this communication.

Article ninth.

One. The applicant State shall forward to the Ministry of Foreign Affairs the results of the campaign and the integrated data obtained no later than one year from the completion of the research activities. Data and samples which are not susceptible to reproduction shall be made available to the Ministries concerned who wish to examine them in the Centre conducting the research.

Two. The requesting State shall also forward to the Ministry of Foreign Affairs copies of the scientific or other publications and works derived from the data and elements collected during the campaign.

Three. The Ministry of Foreign Affairs shall transmit to the Ministries concerned the information received pursuant to this Article.

III. Exclusive economic zone and continental shelf

Article 10.

One. For the purpose of carrying out scientific-marine research activities in the exclusive economic zone or on the continental shelf, the competent Spanish authorities shall be authorised to do so.

Two. The authorisation shall be presumed to have been granted if, within four months of the date of submission of the request by diplomatic means, the Ministry of Foreign Affairs has not communicated to the requesting State the refusal of the authorization or the the need for sending additional information to the supplied at the time of the request.

Item 11th.

One. Requests for authorisation shall be submitted, processed and communicated in accordance with the provisions of paragraphs 2 and 3 of Article 6 and Articles 7 and 8.

Two. The provisions of Article 9 shall also apply in relation to the results, data and samples of the investigation.

Article twelfth.

One. The Spanish authorities may require the suspension of any scientific-marine research activities being carried out in the exclusive economic zone or on the continental shelf if:

(a) The research activities are not being carried out in accordance with the information transmitted by the requesting State in the research programme; or

(b) If in the course of the investigation activities the Spanish rules in force and the conditions under which the authorisation was granted are not complied with.

Two. The Spanish authorities may also require the cessation of any scientific research activity in the case of the failure to comply with paragraph one of this Article to bring about a significant change in the project or in the the research activities.

Three. The decision to suspend or cease marine scientific research activities shall be communicated by the Ministry of Foreign Affairs to the requesting State.

Item 13th.

In case an international organization of which Spain is a member wishes to conduct directly or under its auspices, marine scientific research activities in the exclusive economic zone on the continental shelf, If the Spanish representatives in the Organization gave their approval to the project at the time or are willing to participate in the project, the Ministry of Foreign Affairs has not formulated the proposal. an objection within four months of the date on which the Organization has notified of the research programme.

IV. Stay in ports

Article 14.

One. Foreign vessels engaged in scientific-marine research that do not undertake or intend to carry out such activities in areas under Spanish jurisdiction, but wish to scale in Spanish ports, will need the corresponding authorization.

Two. The requesting State shall address its request to the Ministry of Foreign Affairs at least 15 days in advance of the planned date for the scale.

Three. The request must be accompanied by the following data:

a) Information about the research program that has been performed, is being performed, or intended to be performed.

b) Accurate geographic areas in which the investigation is being performed or intended to be performed.

(c) Port or ports intended to be visited and scheduled dates for the arrival and departure of the vessel.

d) Name and characteristics of the ship.

(e) Name of Captain and Officers, nominal crew ratio, as well as of the Chief of the expedition and scientific personnel travelling on board; and

f) The object of the visit.

Item 15th.

One. Once the request has been received, the Ministry of Foreign Affairs will seek the report of the Ministry of Defense.

Two. Upon receipt of the relevant report, the Ministry of Foreign Affairs shall inform the requesting State whether the requested scale is authorised or not and the conditions which, if any, are established.

Article sixteenth.

The visits of foreign vessels engaged in scientific-marine research, considered as warships or as auxiliaries of the Navy, will be governed by the specific provisions for these cases.

FINAL DISPOSITION

The competent authorities of the Administration shall make the necessary arrangements for the application of this Royal Decree.

Given in Madrid to twenty-seven of February a thousand nine hundred and eighty-one.

JOHN CARLOS R.

The Minister of the Presidency,

CABANILAS GALLAS