Brexit nightmare is directly affecting all of us in the nautical sector in different ways. One of them is the recognition of recreational yachting qualifications for sailing in Spanish waters.
On the 10th February 2021 the Spanish Direccion General de la Marina Mercante (Merchant Marine Office or DGMM) issued an internal note related with Brexit in which among other issues it was established that UK yachting qualifications certificates would not be acceptable any more for Spanish flag vessels as the requirements established in the third and fourth additional provisions of Real Decreto 875/2014 por el que se regulan las titulaciones náuticas para el gobierno de las embarcaciones de recreo ( of Royal Decree regulating nautical qualifications for the government of pleasure boats) were not met anymore, as the United Kingdom became a non-member State of the EU.
Until the 31st of December 2020, a British citizen could rent and govern in Spanish waters following pleasure crafts:
- Spanish flag vessel , if he had enough qualification issued by the United Kingdom – RYA – or by his country of residence, provided that it belonged to the EEA (European Economic Area) or if listed in the Annex IX of Royal Decree 875/2014
- a British-flagged vessel, if it had a certificate issued by the United Kingdom
- a foreign flagged vessel, other than his nationality, if he had the title required by the country of residence or, failing that, his nationality
However, one month later due to the devastating consequences that this measure might have caused the same administration organ, the DGMM, issued another internal note last 18th of March 2021 rectifying and declaring the intention of the administration to incorporate a final provision in the Nautical Qualifications Royal Decree 875/2014 in which the recreational yachting certificates issued by the United Kingdom shall be added in order to be able to govern, sail and charter Spanish pleasure vessels. This should be done by means of including RYA qualifications in Annex IX of said regulation which lists the recognized qualifications .
The intention is there and theoretically it should be published before the summer season but the legislation activity is not always very quick and efficient.
So we will have to wait until it is approved and entered in force.
Carlos Espinosa
Solicitor & Tax Adviser
+34 627 41 32 01
carlos.espinosa@iurisnautic.com
