State Ports Law Reform Strengthens Rights and Legal Security for Recreational Boating
The Council of Ministers has approved, at the proposal of the Ministry of Transport and Sustainable Mobility, the draft Law for the modification of the State Ports and Merchant Marine Law as well as the Maritime Navigation Law and submission of the merged text 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. Recreational and sports boating will have its own chapter in the new law, introducing a set of regulations. Some of these regulations are especially innovative and are designed to meet practical needs, modernize the sector, and improve its competitiveness. The work of ANEN with the Directorate General of the Merchant Marine has been essential in achieving this.
The most relevant new features will be as follows:
1º Legal recognition of nautical activity by granting it the status of law, including it as a separate category of navigation with its own legal autonomy.
2º A notarial procedure will be established for the abandoning of recreational boats and vessels. This will allow operators to declare the abandonment of recreational boats via a notarial process rather than a judicial one, whether these boats are in nautical facilities or on land. In case of non-payment by the debtor, a notarial auction or direct scrapping will take place, depending on the boat's value.
3º Recreational boats and vessels will be legally defined as civil, not commercial, vessels.
4º A computerized file for recreational boats will be created. This will enable affected parties and relevant administrations (including the Maritime Administration, the Maritime Rescue and Safety Society, the Insurance Compensation Consortium, and the Maritime Service of the Civil Guard) and insurance entities to know the insurance status of recreational boats that cause damage. It will also provide port authorities, managers of marinas, nautical facilities, and dry docks access to this registry concerning boats and vessels moored there.
5º A special registry will be established for recreational boats and vessels used for commercial or profitable purposes through nautical leasing. The management offices will be located in the Maritime Captaincies of Ceuta and Melilla, aiming to promote the Spanish flag in this growing charter sector.
6º Recreational boats over 15 meters long and used for commercial activities will now be eligible for registration in the Canary Islands' special registry of ships and shipping companies. Previously, only boats over 100 gross tons could be registered.
7º A simplified documentation regime will be established through regulations.
8º Legal coverage will be provided for mandatory insurance, and the mandatory compensation coverages will be updated.