New Charter Regulation in the Balearics´ Draft: in the good direction

During the last month of June the Balearic Government has published the Draft of “Decreto /2016, por el que se reguala la actividad de alquiler de emabrcaciones de y buques de recreo”, or Decree that rules the activity of hire of pleasure crafts and vessels and has presented it to the different agents and association related to the Balearic charter world.

In principle, we have to say that if the definite Decree is issued like it is now drafted we can be very happy as the new ruling is clearly orientated in favour of the charter activity trying to remove hurdles, obstacles and burocracy for those who want develop the charter activity in the Balearics.

The first positive aspect is that finally all the different Balearic regulations that were spread in different, Decretos, Ordenes, Instrucciones and Circulares (minor rang legislation) are definitely and clearly unified in one single Decree. With this new disposition the authorization of chartering non EU flagged vessels that was adopted by   an internal order – technically and legally very doubtful procedure -like the Circular 1/from the September 2014 of the Direccion General de Puertos y Aeopuertos del Govern Balear becomes high and normal legal status. This gives more security to all operators in the sector.

One novelty is that the charter license shall be granted in principle with an extension of two years instead of the one year like it is now.

The procedure for the application is also simplified: being for non EU flagged vessels the same procedure of “responsible declaration” as for EU flagged ones. That means that the charter agent, owner or representative files the application declaring that he fulfils all the legal requirements and documents needed for vessel and crew, even without translation into Spanish. And only in case of inspection they will be required to file and disclose said documents, and in its case, also the correspondent translations.

A new Balearic Charter Activity Registry shall be created – like the one is already in force like for example in Valencia region – in order to have control on the companies or individuals affecting vessels and pleasure craft to charter and of the vessels themselves.

The new Decreto also foresees for the first time the possibility of chartering single cabins provided is always a charter with crew.

Summarizing, wind astern for the charter in our beloved islands and let us hope the politicians approve this t like it is drafted now.





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