New Law for Recreational Boating

On Tuesday, July 30, the Council of Ministers approved, at the proposal of the Ministry of Transport and Sustainable Mobility, the draft Law amending the revised text of the Law on State Ports and the Merchant Navy, as well as the Maritime Navigation Law, and its submission to the Congress of Deputies.

For recreational boating, the reform of both texts represents a historic advancement in rights, strengthens its recognition in the regulatory framework, and provides legal security to the sector. Thus, recreational and sports navigation will have its own chapter in the new Law, which incorporates a series of rules, some of which are especially innovative, addressing essential practical needs to strengthen the modernization and improve the competitiveness of the nautical sector. The role of ANEN with the Directorate General of the Merchant Navy has been essential in achieving this.

The most relevant novelties are as follows:

1. Legal Status for Nautical Activity: Nautical activity will be granted legal status, including it as a distinct category of navigation with its own legal autonomy.
2. Notarial Procedure for Abandonment: A notarial procedure will be established for the abandonment of recreational boats and vessels. This will allow operators to declare the abandonment of recreational boats through notarial, rather than judicial, means for vessels in such situations both in nautical-sporting facilities and on land. In case of debtor non-payment, a notarial auction or direct scrapping will be carried out based on the vessel's value.
3. Legal Definition of Recreational Boats: The definition of recreational boats and vessels will be given legal status, classifying them as civilian, not merchant, vessels.
4. Recreational Boat Information File: A Computer File of Recreational Boats will be created, allowing affected parties and competent administrations (including the Maritime Administration, the Maritime Rescue and Safety Society, the Insurance Compensation Consortium, and the Civil Guard Maritime Service) and insurance entities to know the insurance status of the recreational boat causing damage. Port Authorities, managers of marinas, nautical facilities, and boatyards will also have access to the registry concerning vessels with their port of mooring in those facilities.
5. Special Register for Commercial Recreational Boats: A Special Register for Recreational Boats and vessels will be established for those vehicles used for commercial or profitable purposes through nautical leasing. Management offices will be located in the Maritime Captaincies of Ceuta and Melilla, aiming to promote the Spanish flag in this growing charter sector.
6. Registration in the Canary Islands: The possibility of registering recreational boats over 15 meters in length and used for commercial activities in the special register of ships and shipping companies of the Canary Islands will be enabled (previously limited to boats over 100 GT).
7. Simplified Documentation Regime: A simplified documentation regime will be established through regulations.
8. Legal Coverage for Mandatory Insurance: Legal coverage for mandatory insurance will be provided, and the mandatory indemnity coverages will be updated.