Decide
Under the general regime of Spain's RONM (the navigation regulation), when is clearance treated as granted?
The lesson in plain words
- What clearance is
- Despacho, or clearance, is the maritime administration's authorisation for a ship to start her voyage (Ley 14/2014, the Maritime Navigation Act, art. 18).
- The master, owner, shipping company or consignee (the ship's agent) asks for it.
- The detailed rules are in the Reglamento de Ordenación de la Navegación Marítima (RONM).
- RD 186/2023 approved it and RD 1188/2025 amended it.
- Its clearance chapters apply from 15 August 2025.
- Types of navigation
- RDL 2/2011, the Ports and Merchant Marine Act, art. 8 defines them.
- Interior navigation is inside one port or other interior waters.
- Cabotage is between Spanish ports or points and is not interior.
- Exterior navigation is between Spanish and foreign ports or points.
- Regular line navigation follows fixed itineraries, call frequencies, fares and conditions.
- Anything else is non-regular (RDL 2/2011, art. 8.2–3).
- General and express
- The RONM has four routes (RONM art. 6).
- In the general regime, you file the exit documents and a declaración responsable, a signed statement that the ship meets the rules.
- Clearance counts as granted when the declaration is registered electronically, unless the ship has been immobilised, meaning stopped by a court or another authority (RONM art. 11.1).
- With express authorisation, you wait for a decision before you sail (RONM art. 11.2).
- Simplified
- The simplified regime is only for ships listed in RONM art. 15.2.
- You make the declaration but do not hand over the exit documents (RONM art. 15.1).
- The list includes Spanish recreational ships, recreational craft with a professional crew or on nautical charter, fishing vessels, regular-line ships, repeated cabotage trips, ships back at their departure port within 24 hours, and harbour tugs.
- Clearance ends early if a fishing vessel lacks the licence for her activity (RONM art. 17.2.b).
- Autodespacho and one common rule
- In autodespacho (self-clearance) the master clears the ship when the documents could not be filed for reasons not attributable to ship or crew (RONM art. 13.2).
- It is barred when express authorisation is needed, or when conditions imposed by the administration are unmet (RONM art. 13.3).
- On any route, a Spanish-flag ship's clearance ends if a compulsory certificate does.
- The same applies to EU-registered regular-line ships and authorised third-country cabotage ships calling at Spanish ports (RONM art. 6.2).
- Outside the routes
- Private recreational craft with no professional crew, rowing craft and jet skis are exempt from clearance, except in RONM art. 9 cases (RONM art. 2.3).
- Warships, State vessels assigned to national defence, and vessels of the Fuerzas y Cuerpos de Seguridad and the Servicio de Vigilancia Aduanera are outside the RONM (RONM art. 2.2).
- Other State vessels, including those assigned to Salvamento Marítimo, use the standing autodespacho of RONM art. 14, which is not the exceptional autodespacho of RONM art. 13.
Key data
- Four routes (RONM art. 6)
- General, express, simplified, autodespacho
- Declaration clearance (RONM art. 6.2)
- General or simplified: 1 year at most, then a new declaration
- Express clearance (RONM art. 6.2)
- One voyage, or up to 3 months
- Autodespacho paperwork (RONM art. 13.2)
- As soon as possible, under 72 h, with the reason
- Leaving the simplified list (RONM art. 15.5)
- A vessel that stops a listed activity moves to the general regime
Key points
- The general regime is a declaración responsable, effective on electronic filing unless immobilised.
- Simplified clearance is a declaration with no exit documents, for ships listed in RONM art. 15.2.
- Autodespacho is exceptional and never available where express authorisation is required.
- A clearance from a declaration lasts one year at most. After that, you file a new declaration.
- Vigilancia Aduanera vessels are outside the RONM; Salvamento vessels are inside it.
Check what you have read
A Spanish cargo ship on the general regime cannot file her clearance documents because the electronic filing system is down. Neither ship nor crew is at fault, no express authorisation is needed and no conditions are pending. What may the master do?
True or false?
Decide each statement before you see the answer.
Autodespacho is a shortcut for a master in a hurry.
Autodespacho is exceptional and never available where express authorisation is required.
Salvamento Marítimo vessels are outside the RONM, like Vigilancia Aduanera vessels.
A clearance from a declaration lasts one year at most. After that, you file a new declaration.
Simplified clearance is a declaration with no exit documents, for ships listed in RONM art. 15.2.
Every ship must wait for a Capitanía officer to sign the clearance.
Practice case & exam keys
Situation
Three Spanish-flag vessels sail on coastal trips tomorrow. A cargo ship has no incident and the filing system works. A trawler of the same company has no incident either. A second cargo ship cannot file because the system fails, through no fault of hers, no express case and no conditions pending. Which route for each?
Show the answer
The first cargo ship uses the general regime: documents and declaration, granted on electronic registration (RONM art. 11.1). The trawler may use the simplified regime, a declaration without exit documents (RONM arts. 15.1 and 15.2.g). Either clearance lasts one year at most (RONM art. 6.2). The second cargo ship may use autodespacho, with the papers and the reason sent within 72 hours of sailing (RONM art. 13.2).
Exam keys
- RD 186/2023 (RONM): general, express, simplified, autodespacho (RONM art. 6). Clearance chapters apply from 15 August 2025.
- General regime: declaración responsable, granted on electronic registration (RONM art. 11.1).
- Simplified: RONM art. 15. Autodespacho: RONM art. 13; State vessels: RONM art. 14.
- Outside the RONM: warships and defence vessels, Fuerzas y Cuerpos de Seguridad, Vigilancia Aduanera (RONM art. 2.2).
