Posted service instruction on charter (Photo Pedro Seoane)

After several months of work between the DGMM and Anen, the rules on charter (office) have finally been published which aims to unify, clarify and simplify the criteria used by the Maritime Captains.

With such a background, the new legislation has the following objective:

To identify and specify the documents to be provided;
Allows the acceptance of private copies and translations;
The maritime administration will not require documents already in its possession
It eliminates the mandatory use of sworn translations;
The "self-office" is chosen for certain assumptions.
It creates a "Megayates Database" (BDMY) capable of carrying out the nautical lease activity in or from Spanish ports, in order to speed up its operation;
In each case, it provides for the duration of the time release, with the current time limits being extended;
It sets a unique application format for "Departure - Delivery Authorisation" and time-release resolution.

Here is a brief summary of the standard:

A distinction is made between recreational vessels less than 24 metres Spanish or foreign and between Spanish or foreign recreational vessels.

1. Leasing of recreational boats.

a / Boat rental less than 24 metres. No professional crew with Spanish flag

In the event that they do not have a professional crew, if they have the Spanish Registration Certificate -Navigation Permission or are registered vessels it is not necessary to "Authorisation of departure-office."

In such cases, they must submit a responsible statement of individuals and nautical leasing undertakings (Annex II to the standard).

If you have a Navigation License, you will be allowed to leave by the release decision for a time, indicating the minimum title for your employer. To this end, the person concerned shall make a request for "Authorisation of exit" and the Responsible Declaration (Annexes I and II to the rule).

And in the two previous cases, they must have the civil liability insurance certificate and the accident insurance certificate covering the persons on board.

b / Landing of vessels less than 24 metres without professional crew and with non-Spanish flag

In this case it is necessary to "the authorization of departure - the release must be provided for this purpose the following documents that refer to the Service Instruction and which we list below:

Annex II was completed, a copy of the flag status certification, copies of the ship's certificates and a copy of the report issued by an inspection partner specifying that the requirements of the Fom 1144 / 2003 order and Royal Decree 1185 / 2006 and the above-mentioned insurance certificates are met.

c / Landing of vessels less than 24 metres with professional crew and Spanish flag.

In addition to the documentation referred to in point (a), the navigation role and the certification that it has the precise powers shall be requested. This qualification shall be limited to those crew members who are included in the minimum crew certificate or resolution (Minimum safe handling).

d / Landing of vessels less than 24 metres with professional crew and non-Spanish flag:

The general statement of the pattern and list of crew members and the certification that it has the precise powers according to its regulations must be provided. This qualification shall be limited to those crew members who are included in the minimum crew certificate or resolution (Minimum safe handling or equivalent document).

2. Leasing of recreational vessels:

In addition to being able to opt for the usual procedure (which is still in force), a new method is introduced without the need for the ship to be in the waters where it intends to carry out its activity so that, when it is later found, the documentation relating to the crew and the release is reviewed.

To choose this formula, the procedure is as follows:

Request for inclusion of the ship in the "Megayates Database."

The responsible declaration (Annex II), the application for leave authorisation - release / inclusion in the database, the insurance certificates previously addressed shall be sufficient for registration in that register.

In the event that it does not have a Spanish flag, in addition to the two documents indicated above, a certificate of the flag state must be provided to demonstrate the ownership, technical characteristics and ability to exercise the rental and certificate of the vessel in force.

Once these documents are reviewed, the maritime administration shall include the ship's data in the Megayates Database and issue a document (Annex IV of the standard) for a period of two years.

Once registered, when it is intended to carry an actual charter, it will be necessary to request "Authorisation of departure - office) and the documentation to be submitted will vary equally depending on whether the ship has Spanish flag or not.

Ships with Spanish pavilion: A navigation and certification role will be accompanied to prove that it has sufficient powers. Such certification shall be limited to those crew members on the minimum crew certificate or resolution.

For non-Spanish flag cases, a copy of the minimum safety crew certificate or equivalent document issued by the flag state shall be provided.

In the event that the request for release is made at incompetent times, the vessel may self-dispatch, having to submit the request for the release and the relevant documentation on the first working day following the dispatch, the documentation submitted shall be the responsibility of the person concerned.

Time limits of the office:

Here the rule distinguishes two cases:

1) Spanish and Community flag vessels and vessels

No crew: period equal to the validity of their certificates.
With crew: periods of one year or for the period of validity of the certificates (if the latter are lower).

(2) Third-country flag vessels and vessels

They shall be issued for a period of three months or for the period of validity of the certificates, if less.