The Govern will demand that nautical charters have an authorised mooring in the Balearics

The Balearic Government has today put the draft amendment to Decree 21/2017, which regulates the rental of recreational boats on the islands, up for public display for a period of 15 days. The new regulations establish the obligation for each charter boat to have an authorized point for mooring, anchoring or embarkation and disembarkation in order to operate in the Balearic Islands. The measure, which allows vessels to start and end their activities in different locations, provided both are authorized, seeks to strengthen control over a growing activity and ensure that vessels have a legally established reference point in the archipelago.

The decree specifies that lessors must provide documentary evidence of the availability of a port berth, a regulated anchoring permit, or a point authorized for the boarding and disembarking of passengers, supplies, and waste. Changes to these locations must be notified to the Directorate General of Ports and Maritime Transport through the corresponding electronic procedure. In addition, large vessels that cannot moor in port are permitted to comply with this requirement through the use of auxiliary vessels.

The change of use of recreational vessels to temporary vessels for charter operation is also prohibited (a rule that goes against the Merchant Marine decree), which prevents vessels on other lists from accessing this activity.

The draft also confirms the prohibition on the sale of individual tickets for vessels registered on the sixth list of the Registry of Ships and Shipping Companies, which prevents individual places from being sold on this type of vessel. However, diving, freediving, and recreational fishing companies are excluded from this decree, as they have specific regulations and, despite being registered on the sixth list, they will be able to sell individual tickets.

In terms of safety and the environment, the draft decree aims to strengthen the obligations to maintain technical documentation and comply with maritime safety regulations. Lessors will be required to inform customers about good navigation practices, prohibited anchoring areas, and the need to consult weather reports. Obligations regarding onboard waste management are also maintained, in line with national and European regulations.

To operate the business, owners must submit an annual declaration of responsibility for the commencement of business, certifying that they meet all the requirements established by the regulations. This declaration will be processed electronically and must be renewed annually.

The Government justifies the modification of the decree on the need to adapt the regulations to legislative changes and improve management of the sector. Furthermore, it points to the growing concern over the saturation of the Balearic coast during peak season as a factor that has motivated the revision of the regulation.

Online sales platforms under control

The draft decree introduces new measures to control online boat rental platforms, known as "nautical Airbnb." From now on, any rental advertisement must include the registration number granted by the Autonomous Community, which will allow clear identification of the service providers. Furthermore, online information service providers will be required to provide the administration with the data of those who advertise vessels without the corresponding responsible declaration. This measure seeks to improve supervision and prevent unfair competition in the sector.

Regarding vessels from third countries outside the European Economic Area, those over 14 meters in length will be able to obtain "flag exemption" to operate, but if they do not have a registered office in Spain, they must designate a representative or consignee to receive notifications.

SOURCE:  https://www.gacetanautica.es/noticias/el-govern-exigira-que-los-charter-nauticos-cuenten-con-un-amarre-autorizado-en-baleares