It is clear! 2025 is likely to be the year in which the regulations governing the charter activity will be profoundly modified. On the one hand, on 15 August 2025 the articles referring to the dispatch of vessels will come into force and on the other hand, last February, the Balearic Government has submitted to public exhibition the modification of Decree 21/2017 that regulates the charter activity in the Balearic Islands.
Although it is still a ‘project’ and will surely undergo modifications, we thought it necessary to write this article to answer one of the most frequent questions that our clients usually ask us when it comes to chartering, and that is, what requirements must I fulfil? We have divided it into four points.
The first point is to identify the owner carrying out the activity, i.e. the owner or the company managing the vessel. The documentation required is that relating to the operator, the existence of an operating contract, the identification of a person for notification purposes in the event that there is no address for notification purposes and registration under the corresponding epigraph.
The second point would be the documentation of the boat or vessel. National or foreign registration sheet where the capacity to carry out the commercial activity on a full-time basis, the corresponding according to the flag, civil liability and passenger insurance, proof of payment of the charter fee and an international code flag of maritime signals for the duration of the activity. In this way it will be easier to locate the boats or vessels (Spanish and foreign) that are carrying out the charter activity.
The third point is related to the determination of the place where the activity will take place. As a novelty, this new regulation requires the determination of the place where the charter activity will take place by means of an authorisation from the port, anchoring buoy, anchoring place, coasts, etc. Any change of place/area will imply the obligation to notify the administration.
The fourth point is the obligation to keep on board a register of passengers and crew embarking and disembarking, identifying name, DNI, NIE, passport, nationality and address.
As if this were not enough, the regulation establishes that the inaccuracy, falsehood or omission of the above is not only of an essential nature, but also makes it impossible for the shipowner or operator to carry out the activity. In other words, it will probably lead to the opening of a sanctioning process.
In our opinion, we believe that this regulation is excessive and the only thing it brings is insecurity for the shipowner and/or operator who wants to do things properly. Legal certainty is not achieved by imposing more and more requirements and documents. It only increases the chances of making a mistake. I think that the rule could end up saying ‘mistakes have to be paid for’.
