Recreation nautical advances in rights and legal security with the reform of the Law on the Ports of the Escalating and the Merchant Navy and the Law on Maritime Navigation

The draft law amending the consolidated text of the State Ports and the Merchant Navy Act, as well as the Maritime Navigation Act and its referral to the Congress of Deputies, was adopted today in the Council of Ministers on a proposal from the Ministry of Transport and Sustainable Mobility.

For recreational nautical, the reform of both texts represents a historic advance in rights, strengthens their recognition in the regulatory field and gives legal certainty to the sector. Thus, recreational and sports navigation will have its own chapter in the new Act, which incorporates a number of rules, some of which are particularly innovative that will provide a solution to practical needs essential to strengthen the modernization and improvement of the competitiveness of the nautical sector, and in which the work of ANEN with the Directorate General of the Merchant Navy has been essential.

The most relevant developments will be:

1) The nautical activity will be given treatment with a range of law including it as one more category of navigation with legal autonomy of its own.

2) A notarial procedure for the abandonment of recreational vessels and vessels is regulated. This will allow operators, by way of notarial and non-judicial means, to be able to make a declaration of the abandonment of recreational vessels in this situation in both Nautic-sports and land-based facilities. In the event of non-payment of the debtor, the notarial auction or the scrapping shall be carried out in accordance with the value of the vessel.

(3rd) The definition of a vessel and a recreational vessel as a civilian and non-merchant vessel shall also be granted law.

4) A Recreation Information System is created that will allow both the injured and the competent authorities (the Maritime Administration - including the Society of Salvation and Maritime Safety -, the Insurance Compensation Consortium and the Maritime Service of the Civil Guard) and the insurance authorities to know the insurance of the recreational vessel which, if any, causes damage. It also facilitates access to the registration of Harbour Authorities, to those responsible for seaports, nautical facilities and boats in relation to those ships and vessels that have in those their docking port.

(5) A special register of vessels and recreational vessels is established for those vehicles of the navigation which are the subject of commercial or lucrative exploitation by means of nautical lease. The management offices will be located in the Maritime Captains of Ceuta and Melilla and their purpose is to promote the Spanish pavilion of this important sector of the rising charter.

(6) The possibility of registration of recreational vessels exceeding 15 metres in length and affecting a commercial activity in the special register of ships and shipping companies of the Canary Islands (previously limited to vessels of more than 100 gt) is allowed.

(7) A simplified documentation regime is established by regulation.

8) Legal coverage of the compulsory insurance is given and the compulsory compensation coverage is updated.