On March 21st, 2023, Spain introduced significant maritime
planning navigation regulations with the aim of modernising the
navigation regime for ships sailing through Spanish maritime
waters. These regulations bring about notable changes to the
maritime industry, affecting charter operators, yachts, and crew
members. Let's examine the key highlights of these
regulations.
The recent legislation brings about significant modifications to
the charter licensing produces in Spain. One of the major changes
introduced by the new regulations is the charter licensing process.
The previous pre-approval regime has been replaced with a more
efficient system. Under the new framework, operators can obtain a
charter license in Spain by submitting an affidavit declaration of
responsibility. This simplified clearance mechanism aims to
facilitate the chartering process while ensuring compliance with
necessary safety standards.
The implementation of this new regulation is scheduled to take
effect starting from the 2024 charter season. However, for the
current 2023 season, the existing approval mechanism will remain in
place. It is crucial for charter operators and yacht owners to
familiarise themselves with the upcoming changes and ensure proper
adherence to the current regulations in the interim period.
The simplified clearance mechanism does not exempt yachts and
operators from the requirement to process all required
certificates. The Spanish authorities have emphasised the
importance of safety compliance in these regulations. Yachts and
operators are required to have all necessary certificates in place,
ensuring the highest safety standards for passengers and crew.
Failure to comply with these regulations may lead to severe
penalties. The new framework establishes strict consequences for
yachts that do not adhere to the necessary safety regulations while
conducting charters in Spain.
The new affidavit declaration will be applicable to yachts that have previously obtained a charter licence. Yachts who seek a charter licence for the first time will still be required to follow the approval mechanism and submit all the necessary documentation pertaining to the yacht and crew.
Finally, the new law indirectly permits yachts registered as
pleasure or private vessels to engage in charter activities for
specific durations. It remains essential to observe how this
provision will be put into practice, but it undeniably creates new
opportunities for privately registered yachts to engage in charters
within Spanish waters during certain time periods.
Charter operators, yacht owners, and crew members should stay
informed about these changes and ensure timely compliance to
navigate smoothly within the new regulatory framework.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.