Spanish ship registry and clearance

The lesson in plain words

1. Flag and nationality
   • Abanderamiento, or flagging, gives a ship the right to fly the Spanish flag, the pabellón (Ley 14/2014, the Maritime Navigation Act, art. 88).
   • A ship properly registered and flagged in Spain is Spanish for every legal purpose (Ley 14/2014, art. 90).
   • She cannot also be on a foreign register (Ley 14/2014, art. 91.1).
   • So Spain will not register her, or issue a pasavante, until the former register certifies her removal, or that removal will happen at the new entry (Ley 14/2014, art. 92).
2. Who can flag a ship
   • People and companies resident or based in Spain, or in another European Economic Area (EEA) state, may register and flag a civil ship (RDL 2/2011, the Ports and Merchant Marine Act, art. 252.2).
   • An applicant from another EEA state must name a representative in Spain.
   • The exception to a single flag is temporary flagging: a Spanish ship leased to someone living abroad may be authorised to fly the flag of the lessee's State for the lease (Ley 14/2014, art. 94).
3. Patente and pasavante
   • The Patente de Navegación is a ship's proof of Spanish nationality and of her right to sail under the flag (Ley 14/2014, art. 80). The master keeps it.
   • It is compulsory for a definitively registered ship of 20 or more gross register tons (RD 1027/1989, art. 27).
   • A pasavante is a temporary document that lets a ship bought abroad sail under the Spanish flag to a Spanish port (Ley 14/2014, art. 89).
   • A Spanish consul issues it, for six months at most (RD 1027/1989, art. 22).
4. Offences on flag and papers
   Under RDL 2/2011, art. 307.3, these are serious offences: breaking the rules on use of the national flag (letter a); sailing without a Patente, pasavante or other nationality document (letter p); sailing unregistered or with expired compulsory certificates (letter q).
5. The Canary register
   • The Registro Especial de Buques y Empresas Navieras is based in the Canary Islands (RDL 2/2011, additional provision 16, written DA 16).
   • It is for merchant ships of at least 100 gross tonnage (GT, a measure of size).
   • Fishing vessels cannot join.
   • These ships fly the Spanish flag and hold a Patente.
   • Joining removes a ship from the ordinary register at the same moment (RDL 2/2011, DA 16.3.a).
   • The company needs its effective control centre in the Canaries, or a permanent establishment or representation there (RDL 2/2011, DA 16.4.a).
6. Canary crew rules
   • In the Canary register, the master and first officer must be EU or EEA nationals.
   • The administration can instead require Spanish nationals for these posts when they regularly involve public authority.
   • At least half of the rest of the crew must be Spanish, EU or EEA nationals.
   • The ministry can allow a higher share of other nationalities in some cases (RDL 2/2011, DA 16.6.a).

Key data

Key points

• Abanderamiento gives the right to fly the flag; registered and flagged ships are Spanish.
• No double registry: the old register certifies removal, or removal at the new entry.
• The Patente proves nationality; a pasavante covers a ship bought abroad on her way to Spain.
• The Canary register still means Spanish flag, with its own crew and size rules.
• A Canary register company needs its control centre, an establishment or representation in the Canaries.

Check what you have read

True or false?

Practice case & exam keys

Exam keys

1. 1Ley 14/2014: art. 80 Patente, art. 88 abanderamiento, art. 91.1 no double registry, art. 94 temporary flagging.
2. 2Pasavante: ship bought abroad, consul, six months at most (RD 1027/1989, art. 22).
3. 3Canary register: RDL 2/2011 DA 16, 100 GT minimum, no fishing vessels, Spanish flag, company presence in the Canaries.
4. 4Serious offences on flag and papers: RDL 2/2011, art. 307.3, letters a, p and q.