Sea Protest and Its Record

The sea protest record, also known as a maritime protest record, is a notarial document that must be drawn up after an accident during a sea voyage. It serves to document the consequences of the incident on the vessel, its cargo, or the people on board.

The purpose of the sea protest record is to demonstrate that both the crew and the captain acted diligently. In other words, the captain can file a sea protest to confirm their proper conduct and management during an incident, aiming to exonerate themselves from liability for damages caused by an event at sea.

The sea protest is a significant legal instrument in maritime navigation. It is regulated by Law 14/2014, of July 24, on Maritime Navigation, specifically in Articles 186 and 187, which outline the captain's actions when incidents occur at sea, as well as Articles 504 and 505, which regulate the procedure for drafting the sea protest record.

• Article 186 establishes the captain's obligation to report certain accidents that cause or could cause pollution. This communication must be made to the Maritime Authority or consular authority.
• Article 187 grants the captain the authority to draft a sea protest. According to this article: "The captain may file a sea protest when events occur from which their liability could be inferred. To this end, they shall draft a record documenting the events as noted in the Navigation Logbook, adding any comments they deem appropriate."

It is essential to distinguish between mandatory accident reporting (Art. 186) and optional sea protests (Art. 187). While reporting certain accidents involving pollution is obligatory, filing a sea protest is at the captain's discretion. This formalization before a Notary allows the captain to officially document events during navigation, which can be crucial for determining responsibilities in case of incidents.

The record consists of a statement made by the ship’s captain and other interested parties, documenting events that occurred, circumstances of the incident that may have caused damage to the vessel or cargo, and measures taken by the crew to prevent or mitigate damages.

Additionally, the captain or an interested party may request that a Notary not only document the incident but also visit the vessel to assess and record damages to both the ship and its cargo, including potential valuation.

This latter notarial intervention can be particularly useful for providing conclusive documentation of damages and their circumstances, which may prove critical in future claims or legal disputes.

Any Notary chosen by the captain can handle this record. However, due to time constraints for drafting it and docking requirements at a port, it is common practice for a Notary located near where the ship docks to be selected.

If documenting not only the incident but also assessing damages to the vessel or cargo is required, jurisdiction will always rest with a Notary authorized to act at the port where the ship is docked.

The procedure is regulated under Articles 504 and 505 of the Maritime Navigation Law and involves these steps:

1. The record must be drafted within 24 hours of arriving at port.
2. Documentation must be submitted to the Notary along with details of incidents to be recorded.
3. The Notary provides copies of the record to interested parties and communicates it to maritime authorities at the arrival port if necessary.

If there is also a need for assessing damages:

4. The Notary must be requested to visit the docked vessel and document damages sustained by both ship and cargo.

A surveyor will be appointed to evaluate damages. If no mutual agreement is reached among parties (captain, consignee, etc.), the Notary will appoint an appraiser following procedures outlined in Article 50 of Spain's Notarial Law.

To file a sea protest record, these documents are required:

• Valid ID or passport of both captain and any other individuals appearing in the record.
• Crew list showing names and roles of those involved.
• Relevant portions of the Navigation Logbook.
• A preliminary report prepared by the captain at sea detailing incidents and their location.
• If prior protests were filed with competent authorities at previous ports, those records should also be provided.

Additionally, any crew member may appear as a witness in support of events described in this act.

Although this record officially documents events with an aim to exonerate captains from liability, determining damages and their value transforms it into an essential tool for processing compensation claims. Following its formalization, compensation may be due—or not—to crew members, shipowners, cargo owners, insurers, or other stakeholders.