Royal Decree 186/2023 (Real Decreto 186/2023), published in the Spanish Official State Gazette (BOE) on March 21, 2023, has fundamentally changed the Spanish yacht charter industry. The objective was to modernize regulations considered outdated for decades, reduce bureaucracy, and make Spain more attractive to owners compared to other Mediterranean countries such as France, Italy, or Croatia.
The following summary reflects the different perspectives that exist within the industry regarding this decree. At Marine Project, we specialize in navigating these complex regulations and handling the entire charter license application process for you. Learn more about our comprehensive service here.
1. The Major Simplification: The New “Affidavit of Responsibility” System
Arguably the most important and most frequently discussed point is the introduction of a simplified authorization procedure. The old, bureaucratic system of the explicit “charter license” (licencia de chárter) has been replaced by a captain’s sworn affidavit, known as the Affidavit of Responsibility.
- How it works: The captain fills out a form provided on the website of the General Directorate of the Merchant Marine, signs it, and submits it to the harbor authority. This affidavit confirms that the vessel possesses all legally required documents.
- Effect: Upon submission of this affidavit, the vessel is automatically authorized for charter operations. Responsibility for compliance with all regulations is thereby shifted from the state to the owner.
- Criticism & Implementation: This simplification was generally welcomed by the industry. The original implementation date was July 1, 2024, but it has been postponed multiple times due to technical delays in the authorities’ software updates.
Understanding the nuances of this affidavit and ensuring its correct submission is critical. Our team at Marine Project can guide you through every step. Visit our dedicated service page here to see how we can assist you.
2. The Transition Phase: One System, Two Paths (As of 2026)
The implementation of the new system is a gradual process. In practice, as of 2026, there are two parallel procedures:
A. The “Old” Path for Newcomers (Express Authorisation)
Any vessel applying for a charter license in Spain for the first time must still go through the traditional, complex procedure and apply for explicit authorization (expresa autorización). This one-time step is necessary to register the vessel’s data in the authorities’ system.
B. The “New” Path for Existing Customers (Simplified Clearance)
Vessels that have held a charter license in the past can immediately benefit from the simplified procedure and commence charter operations by submitting the sworn affidavit.
Navigating this transition phase can be confusing. Whether your vessel is applying for the first time or seeking renewal, Marine Project offers expert assistance to ensure compliance and avoid costly delays. Discover our full range of services here.
3. The Point of Contention: Time Charters for Private Boats (Lista 7ª)
One of the most controversial innovations is the permission allowing private boats (registered in Lista 7ª for private use) to be commercially chartered for a maximum of three months per year.
The Criticism: “A Gift to Pirate Boats”
The industry, particularly in the Balearic Islands, raised the alarm. Critics such as Alberto Sánchez Verona in Gaceta Náutica accused the ministry of legalizing “illegal charter” with this regulation and harming established companies through “cheap competition.”
The All-Clear: “An Unfounded Polemic”
A detailed article in Boletín Patrón from December 2025 described these fears as “unfounded” and part of an “empty polemic.” The reasoning:
- High Hurdles: The requirements for the temporary commercial use of a private boat are so high that they offer practically no incentive for most owners.
- Specific Obligations: To charter a Lista 7ª boat, the owner must:
- Officially register the boat (not just list it).
- Sign a vessel management contract with a nautical company – direct rental by the owner is not permitted.
- Undergo a special ITB inspection and provide proof of commercial insurance coverage.
- Permanently mark the hull with the letters “CT” (Comercial Temporal).
- Not use the boat themselves for the entire three-month period.
- Article Conclusion: Given these bureaucratic and financial hurdles, and the fact that switching to the commercial Lista 6ª remains the better option for serious operators, the feared “flood” of private charter boats has failed to materialize. The low demand for this option proves that those who continue to raise the alarm either have not read the decree or are instrumentalizing the debate for other purposes.
Whether you are considering a temporary charter under Lista 7ª or a full commercial license under Lista 6ª, Marine Project can provide clarity and handle all the administrative complexities. Explore how we can support you here.
4. Other Innovations of the Decree
Beyond the charter rules, the decree introduces several other changes:
- Electronic Vessel Clearance (Despacho): The new “Roll and Crew Register” is managed electronically to increase efficiency.
- Multiple Crew Engagements: The same crew can be engaged on multiple vessels, provided these vessels are in the same or adjacent ports.
- New Sanctions Regime: A more specific and tiered sanctions system has been introduced to enable more effective enforcement of violations.
- Repeal of Old Regulations: The decree repeals two key outdated regulations: the Ministerial Order of December 4, 1985, and the “old” vessel clearance regulations from 2000.
5. The Perspective of Yacht Agents (Evolution Agents)
In a recent blog post by Evolution Agents (May 2026), the practical application for owners is summarized. The core message is:
- Compliance with regulations is not an option but the foundation of legal operation.
- The explicit authorization for newcomers is a one-time “entry ticket,” but it comes with significant and ongoing compliance obligations.
- The simplified clearance is the standard procedure for ongoing operations, particularly for day charters and coastal voyages.
- Any material change to the vessel, its operation, or its insurance may lead to the withdrawal of the authorization.
Staying compliant with these evolving rules requires constant vigilance and expertise. Marine Project offers professional support to ensure your vessel remains fully compliant and your authorization is secure. Start your journey with us here.
💎 Summary and Conclusion
Royal Decree 186/2023 is a double-edged sword:
- Progress: It replaces an outdated, bureaucratic system with a more modern one based on self-responsibility. The simplification for existing customers is a significant step forward in making Spain more competitive.
- Uncertainty: The repeatedly postponed and still not fully completed implementation of the Affidavit system continues to cause considerable uncertainty within the industry.
- Controversy: The opportunity for time chartering private boats opened up by the decree has sparked a heated debate. While some fear unfair competition, others view it as a “sham debate” because the practical hurdles for utilization are far too high.
For owners and charter companies, the key takeaway remains: Stay informed and seek professional assistance, especially when applying for a charter license for the first time.
Navigating the Spanish charter license process doesn’t have to be overwhelming. At Marine Project, we simplify the entire procedure – from initial application to ongoing compliance. Let us handle the bureaucracy so you can focus on your business. Contact us today or visit our dedicated service page here to learn more about how we can help you secure your Spanish charter license efficiently and reliably.
