Last month the Balearic Government approved the new legislation applicable to the activity of charter of pleasure crafts in the Balearic Islands: the Decree 21/2017, 5th of May that regulates the activity of hiring of vessels and pleasure crafts (“Decreto 21/2017 de 5 de mayo por el que se regula la actividad de alquiler de emabarcaciones de recreo”). This new legislation on charter activity follows the instructions and principles of free movement of goods and services of EU–Law, the European Parliament and Council Directive 2006/123/EC of 12 December on services in the internal market
With this new Decree the former lower ranking legislation is finally reunited adopting the main idea of facilitating the charter activity to vessels flying EU or non-EU flags, provided they fulfil Spanish legislation in maritime security matters and have updated all certificates of the vessel and crew members.
The most relevant changes are:
- on the one hand, the extension of the charter license for two years, instead of the yearly validity of the actual one (this measure will enter in forcer next 1st of January 2018),
- secondly, the effectivity of the charter license will be from the moment of just filing the application, the so called Declaration of Responsibility (in Spanish “Declaración responsable”) that means, that the charter license shall not be granted any more after discretionary authorization of the Administration after filing all documents and certificates.
Regarding the possibility of chartering non-EU flagged vessels the new Decree adopts the arguments of the former internal note from the Direccio General de Ports i Aeroports from Consellería de Turisme (Circular 1/2014 from the 26th of August 2014). Said lower rank disposition expressly declared that all non-EU vessels over 14m LOA could be chartered in Balearic Ports if the general requirements were matched – that is, third parties and passengers insurance, seaworthiness and safe-manning certificates, fiscal obligations – , and if the applicant could show evidence that there were no similar EU flag vessels for that specific charter available.
Finally, the new rule also declares non-valid charter licenses granted by other Spanish regions different from the Balearic Islands when the charter takes place in our waters.
In general words, it is another step in the appropriate direction to remove bureaucratic obstacles to the charter activity in the Balearics.
For further information you can contact us directly and we will be pleased to assist you in the whole process of the charter set up structure.
Photo: Charter Yacht MY Aziza – Burgess Yachts
