A New Era for Spain's Yacht Charter System: Transitioning from Licensing to a Simpler Self-Declaration Process

In a welcome change for yacht owners, Spain has replaced its erstwhile charter licensing system with a simple self-declaration process. This move is part of an effort to simplify bureaucracy and promote chartering within the country over other popular Mediterranean destinations like France, Italy, and Croatia. The self-declaration system, a brainchild of the Spanish Yachting Association (ANEN), comes to light with the publication of the Royal Decree 186/2023 in the Official State Gazette, which approves the navigational maritime regulations. This effectively transfers the responsibility of ensuring compliance with local maritime regulations to the boat owners. While vastly reducing the wait time associated with the old licensing procedure, this measure requires captains to file and sign an ‘Affidavit of Responsibility’, ensuring their possession of all requisite documents for chartering in Spain. Once presented to the Harbour Master Office, this affidavit authorises the boat to begin chartering within Spain’s waters. Despite the simplification, the maritime regulations still mandate yacht owners to have valid technical certificates, crew documentation, mandatory insurances, and other certifications. Compliance with legal requirements remains stringent and maritime authorities possess the right to verify the ‘Affidavit of Responsibility’ on demand. Any changes in the documented conditions or certificates must be promptly updated with the Port Authority through a new ‘Affidavit of Responsibility’. This new system, however, doesn’t apply to yachts applying for their first-ever authorisation. Until 2026, first-timers (regardless of whether the yacht flies the European Union or a third-country flag) will still need to follow the traditional procedure for ensuring their data is registered within the maritime administration’s systems. Post this first step, subsequent applications can utilise the new self-declaration system. This shift marks an unprecedented advantage for yachts previously engaged in charter activities within Spain. In conclusion, as intended, this new system simplifies the chartering procedure considerably, encouraging more boat owners to consider Spain as their preferred charter destination.