SuperyachtNews.com – Business – Spain replaces ‘charter licence’ with self-declaration system

Miguel Ángel Serra, founding partner of Llegalley+, explains that Spain has replaced its charter licence system with a self-declaration process, but first-timers in 2026 still need to go through the old procedure once before the new affidavit system kicks in fully.

This measure was promoted by the Spanish Yachting Association (ANEN), of which I am a tax and legal advisor. In March 2023, Royal Decree 186/2023 was published in the Official State Gazette, approving the developing regulations of the Spanish Maritime Navigation Law (Law 14/2014 on 24 July). The Royal Decree introduced significant changes to the rules governing the chartering of yachts in Spanish waters, which I already advanced on 24 March, 2023.

The purpose was clear: to simplify the bureaucracy and the system as much as possible to encourage owners to charter in Spain, as the existing ‘charter licence’ procedure discouraged owners to charter in Spain compared to other Mediterranean countries such as France, Italy or Croatia, which enjoyed much simpler and no less efficient systems.

1) Introduction of a simplified authorisation system: a big step forward
One of the main changes introduced is the implementation of a simplified ‘charter licence’ system requiring the captain of the yacht to file and sign an ‘Affidavit of Responsibility’ assuring that it is in possession of all the documents indicated by law to charter in Spain.

It could not be simpler: the presentation of the ‘Affidavit of Responsibility’ (using the form provided for on the website of the Directorate General of the Merchant Marine) to the Harbour Master Office authorises the yacht to charter in Spain. Thus the responsibility for complying with all the requirements set forth by the Spanish maritime regulations to charter in Spain is transferred to the owners; for this I suggest prior consultation with a specialised lawyer. This is an infinitely better system than the previous one, which enforced a wait of some weeks before the licence could be obtained.

This new system replaces the previously cumbersome procedure to expressly obtain a ‘charter licence’, based on the prior issuance of such document by the Harbour Master Office. In other words, the previous administrative control is no longer required.

2) Requirement to comply with Spanish maritime regulations
Obviously, the simplification of the procedure does not eliminate the obligation to comply with all applicable legal requirements.

Yachts must have, among others: a) Valid technical certificates for the yacht; b) Crew documentation; c) Mandatory insurance; d) Certifications required by maritime regulations, etc. Maritime authorities may request this documentation at any time to verify the accuracy of the submitted ‘Affidavit of Responsibility’.

If any changes occur in the certificates, documentation or declared conditions, the operator must notify the Port Authority by submitting a new ‘Affidavit of Responsibility’, so that information is at all times duly updated with the authorities.

3) When is it necessary to use the previous procedure to obtain a ‘charter licence’?
Only when a yacht applies for the first time for authorisation to charter in Spain, whether flying the flag of the European Union or a third country, must it initially process the authorisation in accordance with the traditional procedure. This initial step ensures that the yacht’s data is recorded with the maritime administration’s systems, thereby facilitating the subsequent use of the ‘Affidavit of Responsibility’.

For yachts that have already been engaged in 2026 in chartering activities in Spain, the change represents an incredible advantage.

4) Why now if I had announced it on 24 March, 2023?
The affidavit system provided for in Royal Decree 186/2023 was initially scheduled to take effect on 1 July, 2024. Even the maritime authorities communicated to ANEN that they wouldtry to make every effort to ensure that the ‘Affidavit of Responsibility’ was applied in summer 2023, but this date was not met.   Royal Decree 587/2024, dated 25 June, amended this schedule and established that the new system would definitively take effect on 15 August, 2025, but this wasn’t possible either as the maritime administration’s systems required software updates. 

2026 is a year of transition in which the ‘charter licence’ must be requested based on the cumbersome old system (albeit issued promptly) and a ‘charter licence’ for a period of three months being granted, precisely to ensure that the yacht’s data is recorded with the maritime administration’s systems. Just one day before the expiration of such ‘charter licence’ the ‘Affidavit of Responsibility’ can be filed and the yacht may continue to charter.

Yachts that have already followed the above procedure this year will only need to file ‘Affidavit of Responsibility’ from now on. In other words, the ‘charter licence’ disappears from the Spanish yachting panorama.

This legislative change is intended to streamline the process and make Spain an attractive destination for yacht owner for chartering, therefore streamlining the process for them and providing a much more straightforward system via the ‘Affidavit of Responsibility’.

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