Keeping a boat in Spain - safety equipment

[richardsussex]

Had a good look around the posts on here and have looked at the RYA site, to avoid going over ground already covered.

I keep my UK SSR-registered, UK VAT-paid boat (12.5m) at a Spanish Mediterranean coastal marina all year round. Have all the paperwork needed for the boat and crew. Never exceed the 183 days in Spain rule.

The only thing that I am unclear about is on-board inspections of Safety Equipment by the Guardia Civil or similar authorites.

A summary of what people on here seem to be saying is:
i. Be polite to the GC and they'll treat you OK and you've nothing to fear. Good advice, common sense and indeed have found the GC very courteous the one time they boarded me - in a marina - and they only wanted to see my papers.

ii. The Spanish have effective IT systems (wish we had some in the UK) for tracking the whereabouts of visiting boats at marinas so they can keep an eye on anyone they are interested in.

iii. The Spanish Authorities are primarily interested in tax evasion, illegal immigration and drugs.

iv. There is no specific list of on-board safety equipment for UK-registered boats kept in Spain all year, although there are for Spanish registered boats.

v. Both France and Portugal have backed off from enforcing on-board inspections and fines over the last few years as they have belatedly realised that they are killing the Golden Goose (as Belgium did).

Reason for asking is that I have flares which need renewing and flares are specifically mentioned (17 of them!) on a list that came my way, for boats going up to 12 miles offshore and I really don't want to buy any more of these. Not clear as to whether this list applies to Spanish-reg only boats or all boats).

I have HF/MF DSC Radio, 2 x VHF, 1 x portable VHF, 1 x boat-mounted EPIRB, Active AIS, 2 x PLB AIS and 1 x PLB EPIRB and would sooner pay money for keeping 21st century kit up to date rather than periodically buying expensive and potentially lethal 19th century explosive devices to keep on board.

So, can anyone help with a link to the definitive rules and equipment requirements for UK boats kept in Spain? For reference I have pasted in the list below, complete with spelling mistakes. No idea where it originated and I presume that <6m should read >6m.

Thanks

---------

Certificado de Navigabilidad Requirements
Zone 4 Less than 12 miles
Zone 5 Less than 5 miles
Zone 6 Less than 2 miles
Zone 7 Sheltered waters

Equipment required for vessel <6 metres in zones 5, 6 & zone 7

• Fire Extinguisher 1 type 21B
• Lifejackets 100N (1 per person)
• Hand held flare 3
• Navigation lights
• Fog Horn
• National Flag
• Signalling mirror
• Signal codes
• Bucket
• Bilge pump
• DSC VHF Radio (h/h or fixed) (zone 5 only)


Aditional ítems for Zone 4 (Up to 12 miles)

• Binnoculars
• Charts and almanac
• Bell 1
• Waterproof torch 1
• Radar reflector 1
• Lifejackets 150N (1 per person)
• Lifering with light and rope
• Rocket flares 6
• Hand held flares 6
• Smoke flare 1
• DSC VHF radio (fixed) 1

 

[Steve Clayton]

Well done for the signalling mirror!

A round orange lifebouy - assume this is your lifering?

 

[Steve Clayton]

Not specifically safety - a copy of your insurance in Spanish

 

[Tranona]

As a British registered boat you do not have to comply with local safety regulations. It is true that Portugal does in theory require boats that are kept in Portugal for more than 180 days to comply, however there are few reports that this is actually enforced. France has never officially tried to apply their regulations to non French boats, even those kept there personally, although the have been isolated reports in the past that there has been some issue with out of date flares, but it seems to have been quiet now for some years.

 

[colind3782]

This week the GC in Empuriabrava have been checking boats as they come in and insisting on the full Spanish equipment list as above, no matter where the boat is registered. The reasoning given is that if you're out at sea, it's innocent passage but as soon as you come in to port you're under Spanish rules. One boat was fined for not having the crown on the courtesy flag!

The only thing on the list we haven't got is a rope at least 5 x the boat length although they're a bit vague about the thickness and whether it has to be continuous ( I have what seems like miles of rope in the lockers)

I think they're bored!

 

[Wansworth]

Back in the 1980 I was required to carry four buckets on of which had to have 27.5 metres of rope attached....... never did find out why the .5.....Still have four wonderful steel buckets.I keep my new boat in the UK.

 

[Tranona]

This week the GC in Empuriabrava have been checking boats as they come in and insisting on the full Spanish equipment list as above, no matter where the boat is registered. The reasoning given is that if you're out at sea, it's innocent passage but as soon as you come in to port you're under Spanish rules. One boat was fined for not having the crown on the courtesy flag!

The only thing on the list we haven't got is a rope at least 5 x the boat length although they're a bit vague about the thickness and whether it has to be continuous ( I have what seems like miles of rope in the lockers)

I think they're bored!

Suggest you report that (with evidence) to the Cruising Association and the RYA. Suspect that it is local officials making up their own rules and that it is not official government policy.

 

[LadyInBed]

On my N & NW coast visits, checked three times this year, I have only ever had paperwork checked.
Life's too short for me to worry about local regs that supposedly shouldn't apply to my boat. If the worst happens, I will probably do what is asked, pay the fine and try to argue my case.

 

[colind3782]

Suggest you report that (with evidence) to the Cruising Association and the RYA. Suspect that it is local officials making up their own rules and that it is not official government policy.

I know you're right and it's the local GC being bored.

 

[Wansworth]

You have to carry a bloody folder with all the paperwork ,friend of mine was boarded and they still found he didn't have enough papers.....

 

[William_H]

So the real question is should the OP carry in date flares to appease a possible inspection by Spanish Authorities. I would understand reluctance to buy flares which go out of date in 3 years and are horrible things anyway. Nevertheless I would be surprised if Spanish did not require flares in date for their own boats.
Auhtorities are not known for being pragmatic about these things. Certainly a requirement all around Oz.
it also shows a willingness (duty of care) to do your best for safety.
So I think for peace of mind I would buy a set of 2 rocket and 2 smoke flares.
From the point of view of Spanish Authorities they are the ones who will have to rescue you if you are in their waters and have a problem. So they reckon they have a right to demand you do your bit to avert or ease a rescue
good luck olewill

 

[Mistroma]

So the real question is should the OP carry in date flares to appease a possible inspection by Spanish Authorities. I would understand reluctance to buy flares which go out of date in 3 years and are horrible things anyway. Nevertheless I would be surprised if Spanish did not require flares in date for their own boats.
Auhtorities are not known for being pragmatic about these things. Certainly a requirement all around Oz.
it also shows a willingness (duty of care) to do your best for safety.
So I think for peace of mind I would buy a set of 2 rocket and 2 smoke flares.
From the point of view of Spanish Authorities they are the ones who will have to rescue you if you are in their waters and have a problem. So they reckon they have a right to demand you do your bit to avert or ease a rescue
good luck olewill

OP said 6 Rocket flares and 6 Hand held flares and 1 smoke for zone 4 (up to 12 miles offshore). So 2 rocket and 2 smoke would just give him some flares he'd prefer not to have and still not meet requirements.

I can't remember the number required for Spain but do remember buying extra rocket flares for Portugal and Spain. So he could well be correct on the number.

 

[Tranona]

So the real question is should the OP carry in date flares to appease a possible inspection by Spanish Authorities. I would understand reluctance to buy flares which go out of date in 3 years and are horrible things anyway. Nevertheless I would be surprised if Spanish did not require flares in date for their own boats.
Auhtorities are not known for being pragmatic about these things. Certainly a requirement all around Oz.
it also shows a willingness (duty of care) to do your best for safety.
So I think for peace of mind I would buy a set of 2 rocket and 2 smoke flares.
From the point of view of Spanish Authorities they are the ones who will have to rescue you if you are in their waters and have a problem. So they reckon they have a right to demand you do your bit to avert or ease a rescue
good luck olewill

There are moves in the UK to remove the requirement for flares on the larger leisure boats where it is still a requirement. on smaller boats there is no requirement to carry flares, nor indeed any "safety" equipment at all unless the boat is used commercially.

This has come about because of the growth in alternate means of attracting attention which are far more effective and certainly safer than carrying explosives on board a boat. However, there is still a residual attachment to flares because of their past effectiveness and so far the MCA has not committed itself to removal of the requirement.

As to the powers of other states to impose their own requirements on foreign boats, it has long been the convention, under the principle of "comity" that coastal states respect the rules of the flag state. However this convention gets stretched when foreign boats are permanently based in another state and some states (Portugal and New Zealand for example) have enacted laws that do make foreign boats subject to local rules. In the case of Portugal it applies to boats that stay more then 180 days in their waters. Although introduced 3 years ago there is little evidence it is actually enforced.

AFAIK Spain has not introduced such a law, but government there is devolved and local authorities, and even individual officials have far more power than say in the UK so it is not a surprise local action that is inconsistent with official policy.

 

[mickyp168]

Hi
I can't go into specific details but I have worked with the Spanish CG a lot when I was in the UK police. I can confirm they are definitely mostly concerned with immigration, tax evasion, and drugs. Especially the latter. As for pleasure sailors , you may come upon a jobsworth , they had a few. But generally if you are polite have your papers and a common sense list of safety equipment you shouldn't have a problem. However if you are off shore and get boarded DO have indate flares and a radio with a licence for it. They will see it that they are designed to keep you alive and so they don't have to fish out your corpse if the wheel comes off. A UK boat boarded off shore may appear to be a stop check but it will 99% be that you have somehow fitted in with some intel ie type of boat ,time , place for someone they are looking for. Don't panic !
Cheers Mick