The nautical charter sector faces new documentary requirements in Spain

Royal Decree 186/2023 establishes two clearance routes for operating charter vessels in Spanish waters. Spanish maritime regulations set out the requirements for express authorisation and simplified clearance for yacht owners and nautical operators.

The nautical charter market in Spain requires compliance with specific regulations before any recreational vessel can operate commercially. With the entry into force of Royal Decree 186/2023, yacht owners, fleet managers and charter operators must be familiar with and correctly apply the two clearance routes established under Spanish maritime regulations.

Royal Decree 186/2023 sets out a clear framework with two distinct regimes: clearance by express authorisation and simplified clearance by responsible declaration. The choice between one or the other depends on the vessel’s flag, its operational history and the nature of the planned itineraries.

Express authorisation is the mandatory procedure for the first clearance of any recreational vessel wishing to operate under charter in Spanish waters, regardless of whether it flies an EU flag or that of a third country. It is a one-time access process, but one that entails ongoing compliance obligations: valid technical and safety certificates, commercial-use inspections carried out by authorised bodies, compulsory civil liability insurance and accident cover for all persons on board, as well as a formal management contract with an authorised charter company.

This authorisation is valid for a maximum of three months per calendar year and may be suspended or revoked in the event of any relevant change to the technical, operational, insurance or management conditions on which it was granted.

Simplified clearance by responsible declaration may only be used once the full first-clearance process has been completed. The vessel may then operate under this regime by submitting a Responsible Declaration confirming that all seaworthiness requirements, insurance policies, crew requirements and regulatory obligations continue to be met.

“Charter clearance is not a procedure that is resolved once and then filed away. It is a live obligation. Any change in documentation, insurance or management structure may compromise the validity of the authorisation and, with it, the commercial viability of the operation. That is why it is essential to have specialised advice from the outset.” — Alfons Esteve, Maritime Lawyer, Evolution Yacht Agents.

Evolution Yacht Agents points out that proper documentary and operational management is key to avoiding incidents during the charter season.

“At Evolution, we support owners and operators at every stage of their legal operations worldwide. We know that a single documentary issue can bring an entire season to a halt, and our mission is to ensure that this does not happen.” — Beatriz Alonso, CEO, Evolution Yacht Agents.