LEGAL REQUIREMENTS IN SPAIN..

[Sailaway1234]

Hi all,
I’ve recently sailed with friends my yacht to Spain and she is now moored permanently in a Spanish marina (lucky me).. my question is what qualifications do I legally require in spain to sail my yacht in Spanish waters.
I’ve done
Comp crew RYA
day skipper theory RYA
day skipper theory IYT ( I know this is a duplicate)
Thanks in advance

 

[Tranona]

Nothing if it is UK flagged but it would be wise to have an ICC to wave at anybody who asks.

 

[Metalicmike]

You need to do your day skipper practical that is accepted as being equivalent to the ICC, I have never been asked for mine but it does allow me to legally sail around the canaries. You will also need a radio license and may need to change your flag if it is in Spain permanently and not a member of the EU. If you opt for a Polish flag then your radio must also be registered with them.

 

[wallacebob]

UK reg boat, UK resident, then an ICC is recommended to satisfy any Guardia who may stop you, but not essential - passport is! You’ll need DS practical to get RYA to issue this. If you’re Spanish resident then you’ll need Spanish qualification. Are your insurers happy?

 

[Metalicmike]

UK reg boat, UK resident, then an ICC is recommended to satisfy any Guardia who may stop you, but not essential - passport is! You’ll need DS practical to get RYA to issue this. If you’re Spanish resident then you’ll need Spanish qualification. Are your insurers happy?

You don't need Spanish qualifications as a resident, RYA qualifications are accepted. There could be anomalies in certain Spanish district's as each district has powers over its own legislation making legal issues complex however EU law is Supreme else all vessel sailing predominantly in Spanish waters would have to be Spanish Flagged.

 

[Metalicmike]

Do not fall foul of the Guardia Civil your boat will be impounded, you will be charged every day without access, there will be a Fine imposed for every detail they can find including in adequate navigation and safety equipment. Never having to experience this process the one thing I can say is that the process is slow and once the fines are set you will be charged quite high interest even if you do not receive notification. Spanish post can be extreeeeeemly slow to the extent of not being delivered.

 

[st599]

Quite a lot depends on if you're a Spanish resident or not.

What's your plan for resetting the clock if you're a visitor?

 

[Tranona]

You need to do your day skipper practical that is accepted as being equivalent to the ICC, I have never been asked for mine but it does allow me to legally sail around the canaries. You will also need a radio license and may need to change your flag if it is in Spain permanently and not a member of the EU. If you opt for a Polish flag then your radio must also be registered with them.

Absolutely no need to change the flag to keep a British boat in Spain (or anywhere in the EU). However VAT status might become an issue, but that is nothing to do with registration.

 

[Sailaway1234]

Quite a lot depends on if you're a Spanish resident or not.

What's your plan for resetting the clock if you're a visitor?

Hi I’m a uk resident,
So the yacht has been in European waters since July 23, so the 18 month limit would be coming due January 25. With this in mind I sailed with qualified friends to Gibraltar this month for the evening. We stopped in Queensway quay where I used their vat reset service and acquired a PORT OF GIBRALTAR (pratique note) showing I and the yacht were there on that date etc etc.
Hopefully this should be sufficient should the question be asked back in Spain.

 

[petem]

Hi all,
I’ve recently sailed with friends my yacht to Spain and she is now moored permanently in a Spanish marina (lucky me).. my question is what qualifications do I legally require in spain to sail my yacht in Spanish waters.
I’ve done
Comp crew RYA
day skipper theory RYA
day skipper theory IYT ( I know this is a duplicate)
Thanks in advance

Just get a local Spanish RYA sea school to give you an ICC test.

 

[Sticky Fingers]

That would also work for ICC.

You should also get a VHF SRC, I've been asked for this specifically in Croatia but may apply elsewhere, and get an Ofcom ships radio licence for the boat VHF. For a British flagged boat I'd recommend you register the boat on the SSR (ie Part 3).

 

[Buck Turgidson]

My UK part 1 yacht has been in Spain for 5 years. I'm resident in Switzerland so in Schengen but out of EU.
You need only to satisfy UK requirements which is zero sailing qualifications but your radios must be licensed and you too if you use them other than in an emergency.
Guarda Civil stopped me a couple of years ago in the middle of the night. They snuck up with everything off then put on a huge search light which scared the living bejesus out of me. They questioned me by voice (not radio) whilst probably checking my boat details on line then let me go with a wave. They didn't board to check anything.
Registration, passport and insurance for marinas is all I've ever been asked for.

Part 1 is more appropriate than part 3.

 

[Sailaway1234]

That would also work for ICC.

You should also get a VHF SRC, I've been asked for this specifically in Croatia but may apply elsewhere, and get an Ofcom ships radio licence for the boat VHF. For a British flagged boat I'd recommend you register the boat on the SSR (ie Part 3).

I need to get onto the radio license, I have SSR part 3. Running from June 2023 till June 2028

 

[Tranona]

Part 1 is more appropriate than part 3.

It makes no difference to compliance with international law - it is just confirmation of flag state that is required.

 

[billskip]

If you wast to keep it there beyond 18months the tax I believe will be 12%

 

[Tranona]

If you wast to keep it there beyond 18months the tax I believe will be 12%

I think you will find that is in addition to VAT and only if the owner becomes resident and imports the boat into Spain

 

[Sticky Fingers]

It makes no difference to compliance with international law - it is just confirmation of flag state that is required.

True. Pt1 has the benefit of proof of title but that’s unlikely to be a requirement unless the OP wants to sell, in which case it may be a benefit.

 

[billskip]

I think you will find that is in addition to VAT and only if the owner becomes resident and imports the boat into Spain

If the owner is not resident the boat should be registered on the Spanish register after 18 months which a change of 12½% ( I think)but can keep the UK flag and registration...of course he can exit and re enter to reset the clock.

EDIT although I have just read on Google that f the owner is not resident the boat can stay no taxable unlimited time....bit confusing..maybe

 

[Metalicmike]

Be aware that new Spanish legislation enforces all vessels with a Spanish home port must conform to Spanish safety regulations
(Royal decree 339/2021). I know Spanish regulations are tough hence me opting for a polish flag so I am now going to see how this effects me. Thankyou for starting this thread or I wouldn't have discovered this.

 

[dunedin]

If the owner is not resident the boat should be registered on the Spanish register after 18 months which a change of 12½% ( I think)but can keep the UK flag and registration...of course he can exit and re enter to reset the clock.

EDIT although I have just read on Google that f the owner is not resident the boat can stay no taxable unlimited time....bit confusing..maybe

You might want to make clear which “charge” of 12.5% you are referring to after 18months.
As Tranona has pointed out, if a non EU VAT paid vessel stays more than 18 months it becomes liable for VAT - which I believe is 21% in Spain. It also needs to be compliant with RCD as being “imported”