1.6 Services

Services provided by the port (I_14)

The services provided as part of the port activity are guided by the provisions of the current Royal Decree 2/2011, of 5 September, which approves the Consolidated Text of the Law on State Ports and the Merchant Navy (TRLPEMM), within the framework of free and fair competition between operators, as established by the aforementioned Law. They are classified into:

I. General services
II. Port services
III. Commercial services
IV. Maritime signalling service

I. General Services

These are the common services from which port users benefit without the need to request them, as well as those necessary for the fulfilment of the Port Authorities’ own functions. The Huelva Port Authority provides the following general services:

• Organisation, coordination and control of maritime and land port traffic.
• Coordination and control of operations associated with port services, and commercial and other activities.
• Signalling, beaconing and other navigational aids for the approach and access of the vessel to the port, as well as its internal beaconing.
• The police service in the common areas, without prejudice to the competences corresponding to other administrations.
• The lighting service of the common areas.
• The regular cleaning service of the common land and water areas. This service does not include the cleaning of docks and esplanades as a result of the storage and handling of goods, nor the cleaning of spills and polluting marine spills.
• Emergency prevention and control services, under the terms established by civil protection regulations, in collaboration with the competent administrations for civil protection, fire prevention and extinguishing, rescue and pollution control.
• Basic rail infrastructure access service and basic access referred to in Article 46 of Law 38/2015 of 29 September 2015 on the rail sector or minimum access package referred to in Annex II of DIRECTIVE 2012/34/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 November 2012 establishing a single European railway area.

In general, the Port Authority is responsible for the provision of general services, notwithstanding the fact that management may be entrusted to third parties when safety is not at risk or when they do not involve the exercise of authority.

Since 31 March 2015, a series of service contracts have been signed between the Huelva Port Authority and the Society for Maritime Rescue and Safety (SASEMAR) for the provision of the general service of management, coordination and control of port maritime traffic. This contract, which originates from the Framework Agreement of Collaboration between the Society for Maritime Rescue and Safety and the Public Body Puertos del Estado, was signed in March 2014 and regulates the corresponding levels of provision.

General services are those from which port users benefit without the need for a request.

In order to maintain the continuity of the service, the Huelva Port Authority and SASEMAR signed new contracts on 31 March 2021. These may be extended annually for a maximum of two years. On 03 April 2023, the last contract was signed to guarantee the provision of the aforementioned services for a period of 4 years, which may also be extended annually, with a maximum of two extensions. In addition, an Addendum has been signed for the provision of additional services as of 1 January 2024 for a period of 39 months, plus an additional 24-month extension, to coincide with the total term of the contract.

II. Port Services

Port services are the activities that are necessary for the operation of the ports, aimed at enabling the operations associated with maritime traffic, in conditions of safety, efficiency, regularity, continuity and non-discrimination, and which are carried out within the territorial scope of the Port Authorities.

These activities, which are increasingly diversified and complex, should be carried out by private initiative on a freely competitive basis, with the established legal exceptions, guaranteeing, in all cases, compliance by the applicant with the conditions and requirements set out in the TRLPEMM.

The provision of port services requires obtaining the corresponding licence from the Port Authority, which can only be granted after approval of the corresponding Regulatory and Particular Specifications for the corresponding service.

Port services are the provision activities that are necessary for the operation of ports aimed at making it possible to carry out operations associated with maritime traffic, under conditions of safety, efficiency, regularity, continuity and non-discrimination.

The port services are: technical-nautical (pilotage, harbour towage and mooring and unmooring), passenger services, ship waste reception and cargo handling.

On 15 February 2017, the European Union (EU) Regulation 2017/352 of the European Parliament and of the Council was adopted, creating a new common regulatory framework for the provision of port services and on the financial transparency of European ports and including bunkering of ships and reception of cargo residues as a port service. Despite the fact that all EU Regulations are a legal act defined by article 288 of the Treaty on the Functioning of the European Union which has a general scope, being mandatory in all its elements and directly applicable in all countries (EU), Puertos del Estado is currently drafting a legal provision to transpose the Regulation into the national legal system. From this point onwards, the procedure in the Law should be established to grant the corresponding service licences and, among other things, the approval of the specific specifications.

Until this is carried out, in accordance with current legislation, the situation of Port Services in the Huelva Port is as follows:

Pilotage service

The Tender Specifications for the tender for awarding the licence to provide the port pilotage service in the Huelva Port was approved by the Board of Directors at its meeting of 26 June 2013.

The Board of Directors of the Huelva Port Authority, at its meeting held on 11 December 2013, granted a licence for the provision of the Pilotage Port Service in the Huelva Port to Corporación de Prácticos del Puerto y Ría de Huelva, S.L.P., for a period of ten (10) years, under the conditions and requirements established in the Specific Specifications of the Pilotage Port Service of the Huelva Port and in the Tender Specifications.

Some legal provisions have come into force over the course of the valid term of the Licence, such as Law 2/2015 on the discontinuation of the indexation of the Spanish economy, and European Union Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017 creating a new common regulatory framework for the provision of port services and adopting common rules on the financial transparency of ports, both of which apply to all Port Services and which therefore render obsolete the 2012 Specific Specifications for the Pilotage Service in the Huelva Port, making it necessary to draw up and process new specifications following the guidelines established in these provisions, in addition to the reference regulations of Royal Legislative Decree 2/2011, of 5 September, which approves the Consolidated Text of the Law on State Ports and the Merchant Navy, or subsequent regulations that replace it.

In view of the expiry of the term of the licence granted to the Corporación de Prácticos del Puerto y Ría de Huelva, S.L.P, the only possible provider of the pilotage service in the Huelva Port, and taking into account the fact that the approval of a new regulatory specification for the service is pending, the Board of Directors of the Port Authority at its meeting held on 14 December 2023 agreed to continue the Pilotage Port Service in favour of the Corporación de Prácticos del Puerto de Huelva, under the same conditions under which the service has been provided, in all matters that do not contravene current legislation and in accordance with the provisions of Regulation (EU) 2017/352 of the European Parliament and of the Council, of 15 February 2017. All of the above is valid while the granting of a new licence is being processed, following the modification of the Specific Specifications of the Service and the corresponding tender for the granting of a new licence is resolved in accordance with the provisions in the Specifications of the corresponding tender.

Mooring and unmooring service

At present, the Huelva Port Authority is in the process of drafting a new regulatory specification for the service, in accordance with the model sent by the OPPE State Ports Public Body), which incorporates the provisions of the European Union (EU) Regulation 2017/352 of the European Parliament and of the Council.

Notwithstanding the above, the Board of Directors of the Huelva Port Authority, at its meeting of 29 June 2023, extended the mooring port service licence for a period of one year, until the regulatory specifications are approved.

Towing service

At present, the Huelva Port Authority is in the process of drafting a new regulatory specification for the service, in accordance with the model sent by OPPE, which incorporates the provisions of the European Union (EU) Regulation 2017/352 of the European Parliament and of the Council.

Therefore, until the regulatory specifications are approved, the Board of Directors of this Port Authority, at its meeting of 14 December 2023, extended the licence for the port towage service due to expiry of the term of the licence in force until then, for a period of one year and in any case until the specifications are approved. The licence granted for the provision of the minor towing service was terminated by the expiry of the last extension granted, following the resignation of the licence holder.

Ship-generated waste reception service

After the Port Services Committee was heard and the hearing of 25 August 2020 was completed, the Huelva Port Authority sent the draft specifications together with the complete dossier to the OPPE, which then issued a binding report.

On 17 February 2021, a report was received from the OPPE in which it was considered advisable to close the file and return the draft specifications to the Huelva Port Authority, so that the process of processing the specifications could begin again. In the meantime, the Board of Directors of this Port Authority, at its meetings of 29 June 2023 and 14 December 2023, extended the licences for port services for the reception of waste from the MARPOL V (solid waste) and MARPOL I (oily liquids) annexes, respectively, due to the expiry of the terms of those previously in force, for a period of one year and in any case until the corresponding specifications are approved.

Passenger service

After the model was received by the OPPE, the drafting of the service specifications incorporating the provisions of the European Union (EU) Regulation 2017/352 of the European Parliament and of the Council has yet to begin.

Goods Handling Service

After the model was received by the OPPE, the drafting of the service specifications incorporating the provisions of the European Union (EU) Regulation 2017/352 of the European Parliament and of the Council has yet to begin.

Bunkering services for ships

In order to draft and approve the regulatory specification(s) segregated according to the type of product to be supplied, the OPPE is awaiting the drafting of the corresponding framework draft document(s) incorporating the provisions of the European Union (EU) Regulation 2017/352 of the European Parliament and of the Council.

Notwithstanding the above, the Huelva Port Authority has granted provisional authorisations, under the conditions existing at present, until these special requirements are approved.

III. Commercial Services

These are activities of a commercial nature which, while not being port services, are linked to port activity. In accordance with the applicable legal provisions, this type of service will be provided on a competitive basis with the prior authorisation of the Port Authority and in accordance with the corresponding special conditions.

Commercial services are those activities of a commercial nature that, not having the character of port services, are linked to port activity.

A large number of activities are carried out in the Huelva Port under this type of service.

IV. Maritime signalling service

This service consists of the installation, maintenance, control and inspection of active or passive visual, acoustic, electronic or radio-electric devices, aimed at improving the safety of navigation and the movements of ships in the Spanish coastal sea, and, where appropriate, confirming the position of ships in navigation.

The provision of this service in the Huelva Port Authority is reflected in the geographical area assigned for this purpose.

Likewise, in the following link you can see the beaconing area of the water zones I and II of the Huelva Port.

Number of companies operating in the port under concession, authorisation or licence (I_15)

Companies holding a concession or authorisation for private occupation of the public domain linked to the movement of goods, passengers, fishing, nautical sports or shipbuilding and ship repair

Port service providers operating in the port during 2023

Actual land area in commercial use (I_16)

The data shown in the table above is the land under concession and available for concession defined as being for commercial use. However, the total land area of the service area of the Huelva Port is 17,841,824m², with an estimated 5,246,600m², or approximately 29.41%, being fully available for concession. The rest of the land is subject to urban planning and/or environmental restrictions, or for use as general services (communications, green spaces, etc.). In 2023, the total area under concession was 4,154,129m², of which 3,397,944m² was occupied land.

Percentage of tonnes moved in concessionary or licensed maritime freight terminals (I_17)

The total freight traffic corresponding to maritime freight terminals, whether concessionary or authorised, is as follows: