Amendment of Spanish Maritime Regulations

Royal Decree 1188/2025, enacted on 26 December 2025, introduces a set of amendments to several regulations governing Spanish merchant shipping, cabotage, port security, navigation procedures, and pleasure boats.

Below is an overview of the most relevant changes, grouped by the regulations that have been modified:

Royal Decree 1516/2007 (cabotage navigation)

This Royal Decree has been substantially amended to redesign the regime for “flag waivers”.

From now on, waivers are required not only for third‑country vessels, but also for EU/EEA vessels that are not authorised to perform cabotage in their own flag State.

Under the new wording, the application for a flag waiver must be published by the Maritime Administration for a period of 48 hours. If, during that period, no Spanish‑flag or other EU/EEA‑flag vessel that is both suitable and available is offered, the waiver is deemed to be granted automatically.

The amendment also introduces objective criteria to determine when a vessel is considered “suitable”. In the case of full cargoes, an EU/EEA vessel will be deemed suitable if its capacity does not exceed the requested cargo by more than 20%.

In addition, the Decree now strictly regulates loading windows after the waiver is granted: the requested range cannot exceed four days, the effective start cannot be delayed by more than 48 hours, and the loading date must be within 20 days as from the application is submitted. If these conditions are not met, the request expires.

For “liner cabotage”, waivers are expressly limited to regulatory dry-docking of the vessel used (max. 60 days), breakdowns, force majeure, or the proven absence of suitable EU/EEA tonnage.

Royal Decree 1617/2007 (port and maritime protection measures)

This regulation has been modified to modulate the security requirements imposed on passenger vessels.

Under the reform, the automatic application of certain maritime security obligations is now restricted to Class A passenger vessels (those without coastal distance limitations). For Class B vessels (those that can navigate up to 20 miles from the coast but not in open sea areas), these measures are no longer automatic; they will only be applied if mandated by a Ministerial Order following a specific risk assessment by the Ministry of Internal Affairs. A 12-month transitional period is provided for ports where Class B vessels call to adapt to these changes.

Additionally, this new regulation allows State Security Forces to board passenger ships for maritime security and public order purposes. This provision expressly preserves the Master’s authority over navigational safety and maritime legal competencies.

Royal Decree 186/2023 (Regulation on the Organisation of Maritime Navigation)

Royal Decree 186/2023 has been amended to replace previous alert-based systems with automatic management tools that allow authorities to actively track and monitor information provided by masters and shipowners.

The reform standardizes emergency anchoring protocols in maritime internal waters and the territorial sea by requiring the master of the vessel in distress to immediately report data on cargo stowage, polluting goods, and P&I representatives. A key update is the 24-hour threshold: beyond this duration, the Administration may mandate the appointment of an agent and a standby tug. Regarding operations conducted outside port service areas, Harbour Master can now issue general frameworks where authorization is deemed granted if no express denial is issued within 48 hours.

The validity of a vessel’s clearance is now capped: clearances based on a responsible declaration are limited to one year, while express authorizations are granted for a single voyage or a maximum of three months.

Express authorization is now explicitly required for non-EU merchant vessels performing commercial cabotage and for autonomous vessels, which are also excluded from the self-clearance regime.

The reform also regulates the temporary conversion of recreational craft from private to commercial use. This change is now subject to stricter conditions, including management by a professional charter company, adherence to commercial inspection standards, and the provision of accident insurance for all persons on board.

Foreign crew members must now be registered in a Directorate-General for the Merchant Marine electronic database prior to enrolment. Additionally, personnel who are neither crew nor passengers must now be included in the crew list rather than the passenger list.

Royal Decree 875/2014 (pleasure boat licenses)

This amendment significantly narrows the scope of the licensing exemption for small recreational vessels. The exemption is now strictly limited to private and sporting use for motorboats up to 5 metres (max. 15 HP) and sailing boats up to 6 metres. Crucially, this exception no longer applies to rentals; charterers must now hold the corresponding nautical qualification.

These changes, enter into force on 1 October 2026.

Muñoz & Montañés, law firm specialized in maritime law, transport and international trade, with offices in Valencia and Bilbao, providing services throughout Spain.