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Transport & Shipping Alert 1-2017

New regulations on yacht charters in the Balearic Islands

05/09/2017
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Decree 21/2017, of May 5, 2017, on the activity of chartering recreational craft and vessels in the Balearic Islands has been published. 

The activity of chartering recreational craft and vessels in the Balearic Islands is an important economic activity, accounting for more than half of all the activity carried on in Spain. The new regulations define the administrative procedures for these purposes, remove the prior authorization rules for non-Community craft and vessels, and unify the statutory declaration rules for all craft. They also lengthen to two years the valid term for entitlement to charter out, and create a completely new administrative register for the autonomous region which will contain the names of all the enterprises that are entitled to carry on the activity, the authorized recreational craft and vessels, etc.
 
The new legislation will be applicable for all recreational craft and vessels that are to be used in chartering activities in the Balearic Islands, except for craft not longer than 2.5 meters, boarding craft that has been chartered with the main craft, in addition to personal watercraft and floating equipment, which will be governed by their own specific legislation.

In essence, the main new elements of the regulations are:

  • Unifying the rules on the activity of chartering recreational craft and vessels for sports or recreational purposes in the waters and ports of the Balearic Islands. They switch to rules based on a statutory declaration enabling the activity to be carried on for both Community and non-Community craft and vessels.
  • Doing away with the prior administrative authorization, known as a chartering license, for non-Community craft. 
  • Setting out a procedure for the statutory declaration enabling the activity to be carried on, and providing two application forms. The applicant will declare that they are in compliance with all the requirements set out in the regulations, and must have proof of this in case it is requested by the authorities.
  • Extending the valid term of the entitlement to carry on the activity to two years. It may be renewed for further 2 year periods. 
  • Creating a completely new administrative register for the autonomous region, which will contain the names of the enterprises that are entitled to carry on the activity, together with the authorized recreational craft and vessels.
  • Conferring verification and sanctioning powers on the authorities. 

The legislation will not come into force until January 1, 2018. Therefore, any authorizations and declarations granted in 2017 are governed by the previous legislation, and will be valid for one year.   

The full wording of the regulations is available here: http://www.caib.es/eboibfront/es/2017/10650/594035/decreto-21-2017-de-5-de-mayo-por-el-que-se-regula-

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