Maritime law, rules and watchkeeping · Level P1 · 4 parts · about 17 min

Spanish ship registry and clearance

4 short parts: Registers, lists · Flag and Patente · Clearance routes · Express, documents. Each part explains the idea, then gives the points to remember, the common mistakes, a worked case and a practice question; the Academy unit adds all 25 check questions.

1 · Registers, lists

Two registers and the lists

Spain keeps two ship registers that do different jobs. One identifies and controls ships, the other protects ownership. Ships are sorted into numbered lists.

Two registers

Spain keeps two registers for ships. The Registro de Buques y Empresas Navieras (Register of Ships and Shipping Companies) is run by the maritime administration, meaning the Dirección General de la Marina Mercante and the local Capitanías Marítimas. It identifies Spanish ships and keeps administrative control of them (Ley 14/2014, the Maritime Navigation Act, art. 65.2).

The property register

The Registro de Bienes Muebles (Movable Property Register) has a ships section, the Sección de Buques. It records who owns a ship and what encumbrances, such as a mortgage, are registered against her, so that these legal relationships are secure (Ley 14/2014, art. 65.1). The two registers must coordinate their entries (Ley 14/2014, art. 66).

Same act, two purposes

The administrative register also notes ownership transfers and mortgages, but to identify the ship. Legal protection lies with the Sección de Buques (RDL 2/2011, art. 251.2; Ley 14/2014, art. 65.1). RDL 2/2011 is the Ports and Merchant Marine Act, a Real Decreto Legislativo, which is a decree with the force of law.

Entry in the property register

As a rule, every Spanish-flag ship must be entered in the Sección de Buques (Ley 14/2014, art. 69.1). For public ships and recreational craft, entry is optional. But a mortgage or other security right on a recreational ship or craft counts against third parties, meaning people who were not party to it, only if it is entered there (Ley 14/2014, art. 69.2).

Buque and embarcación

Ley 14/2014 uses two words. A buque has a continuous deck and is 24 m or longer (Ley 14/2014, art. 56). An embarcación has no continuous deck, or is shorter than 24 m (Ley 14/2014, art. 57). In this unit, ship means buque, craft means embarcación, and vessel means either one.

The lists

The Registro de Buques y Empresas Navieras is kept in numbered listas (RD 1027/1989, art. 4). List 1 is offshore platforms and support ships. List 2 is passenger and cargo ships. List 3 is fishing ships. List 4 is fishing and fish-farm auxiliary ships. List 5 is harbour tugs and craft. List 6 is recreation for profit, list 7 recreation not for profit. List 8 is for public bodies. List 9 is a provisional list for ships under construction.

Key figures

Buque (Ley 14/2014, art. 56): Continuous deck and length of 24 m or more
Embarcación (Ley 14/2014, art. 57): No continuous deck, or shorter than 24 m
Lists 2 and 3 (RD 1027/1989, art. 4): List 2 passenger and cargo; list 3 fishing
Lists 6 and 7 (RD 1027/1989, art. 4): Recreation: list 6 for profit, list 7 not for profit
Sección de Buques entry: Compulsory as a rule (Ley 14/2014, art. 69.1)
Public ships, recreational craft: Entry optional (Ley 14/2014, art. 69.2)

Remember

The Registro de Buques is for administrative control. The Sección de Buques protects ownership and mortgages.
The administrative register notes transfers and mortgages only to identify the ship.
An unentered security right on a recreational vessel does not count against third parties.
A buque needs both a continuous deck and at least 24 m. A vessel lacking either is an embarcación.
List 2 is passenger and cargo, list 3 fishing, list 6 recreation for profit, list 7 not for profit.

Common mistakes

Wrong: The Registro de Buques y Empresas Navieras is where a ship's title and mortgages get their legal protection.
Right: The administrative register notes transfers and mortgages to identify the ship (RDL 2/2011, art. 251.2). Their legal protection comes from entry in the Sección de Buques (Ley 14/2014, art. 65.1).
Wrong: Entry in the Sección de Buques is optional for a yacht, so an unentered mortgage still binds everyone.
Right: A security right on a recreational ship or craft counts against third parties only if it is entered there (Ley 14/2014, art. 69.2).
Wrong: Any vessel of 24 m or more is a buque.
Right: She also needs a continuous deck (Ley 14/2014, art. 56). A 30 m vessel with no continuous deck is an embarcación (Ley 14/2014, art. 57).

Worked case

A bank lends money on a Spanish 20 m recreational yacht used for charter at a profit, with a mortgage noted only in the Registro de Buques y Empresas Navieras. Is the yacht a buque or an embarcación? Which list applies? Can the bank rely on its mortgage against third parties?

Show the answer

At 20 m she is an embarcación, because a buque is 24 m or longer (Ley 14/2014, arts. 56–57). Recreation for profit is list 6 (RD 1027/1989, art. 4). The bank's note in the administrative register only identifies the ship (RDL 2/2011, art. 251.2). To count against third parties, the mortgage must be entered in the Sección de Buques of the Registro de Bienes Muebles (Ley 14/2014, art. 69.2).

Practice question

A bank holds a security right over a Spanish recreational yacht. Where must it be entered for the bank to enforce it against third parties?

Nowhere: optional entry means the security binds third parties anyway
The Registro de Bienes Muebles (Sección de Buques)
The Registro de Buques y Empresas Navieras
The local Port Authority's register of berths

Show the answer

Answer: B. Ley 14/2014, art. 69.2: a security right on a recreational ship or craft counts against third parties only if entered in the Registro de Bienes Muebles. The administrative register notes such acts to identify the ship, but does not give that protection (RDL 2/2011, art. 251.2).

2 · Flag and Patente

Flag, Patente and the Canary register

A ship is Spanish when she is registered and flagged in Spain. The Patente proves it, a pasavante covers the trip home, and the Canary register stays Spanish.

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).

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).

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).

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).

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).

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 figures

Pasavante (RD 1027/1989, art. 22): Consul-issued, six months at most
Patente (RD 1027/1989, art. 27): Compulsory from 20 gross register tons once definitively registered
Smaller ships (RD 1027/1989, art. 27): Patente optional; rol de navegación shows flag and command
Canary register (RDL 2/2011, DA 16): Merchant ships, 100 GT minimum, no fishing vessels
Flag and marking (Ley 14/2014, art. 22): One flag State; name and port of registry marked on the ship

Remember

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.

Common mistakes

Wrong: A ship in the Canary register flies a separate Canary or foreign flag.
Right: She flies the Spanish flag. Her Patente lets her sail under that flag (RDL 2/2011, DA 16.3.c).
Wrong: A ship can stay on her old register until the Spanish papers come through.
Right: Spain will not register the ship, or issue a pasavante, until the old register certifies her removal, or that removal will happen at the new entry (Ley 14/2014, art. 92).
Wrong: A ministry authorisation for more non-EU crew also covers the master.
Right: The master and first officer must in all cases be EU or EEA nationals. The authorisation covers only the rest of the crew (RDL 2/2011, DA 16.6.a).

Worked case

A Spanish company buys a second-hand 3,000 GT cargo ship in Greece and wants her in Spain under the Spanish flag, on the Canary register. She has no Spanish papers yet. What does she sail on, what must the Greek register provide, and what do the Canary rules ask of ship and company?

Show the answer

She sails on a pasavante from the Spanish consul, six months at most (RD 1027/1989, art. 22). The Greek register certifies her removal, or that it will happen at the new entry (Ley 14/2014, art. 92). She qualifies as a merchant ship of 100 GT or more (RDL 2/2011, DA 16). The company needs its control centre, an establishment or representation in the Canaries (RDL 2/2011, DA 16.4.a). Once definitively registered, she needs a Patente (RD 1027/1989, art. 27).

Practice question

What is a Spanish pasavante for?

Proving the nationality of a ship between two Spanish ports
Letting a Spanish ship leave port after a detention
Bringing a ship bought abroad to a Spanish port
Recording the crew on each voyage of a Spanish ship

Show the answer

Answer: C. Ley 14/2014, art. 89: provisional navigation under the flag for the voyages a ship bought abroad needs to reach a Spanish port. RD 1027/1989, art. 22 caps it at six months.

3 · Clearance routes

Despacho: the four clearance routes

From August 2025, the general rule is a signed declaration that the ship meets the rules. Simplified and exceptional routes cover the rest, and some vessels are exempt.

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 figures

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

Remember

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.

Common mistakes

Wrong: Every ship must wait for a Capitanía officer to sign the clearance.
Right: Under the general regime, clearance counts as granted when the declaration is registered electronically, unless the ship is immobilised (RONM art. 11.1). Only express cases wait for a decision.
Wrong: Autodespacho is a shortcut for a master in a hurry.
Right: It is only for cases where the papers could not be filed, and the ship or crew are not at fault. It is barred when express authorisation is needed or conditions are unmet (RONM art. 13).
Wrong: Salvamento Marítimo vessels are outside the RONM, like Vigilancia Aduanera vessels.
Right: Vigilancia Aduanera vessels are excluded (RONM art. 2.2.c). State vessels assigned to Salvamento stay inside and use the autodespacho of RONM art. 14.

Worked case

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).

Practice question

Under the general regime of Spain's RONM (the navigation regulation), when is clearance treated as granted?

When a Capitanía officer signs the clearance
When the declaration is registered electronically
After 48 hours with no refusal
When the rol is updated

Show the answer

Answer: B. RONM art. 11.1: clearance is understood as granted on filing, shown by its entry in the electronic register, provided the ship has not been immobilised.

4 · Express, documents

Express clearance, refusal and documents

Some departures need a decision first, and silence means no. A refusal keeps the ship in port. The rol shows her voyage and crew, and other papers stay on board.

When express applies

Some departures need a decision first. RONM (the navigation regulation, RD 186/2023) art. 7.1 starts with ships that could be a danger to people, property or the environment because of something that happened before entering port or during the port stay. Examples are a collision or grounding on the way in (RONM art. 7.1.b), and a lifted provisional immobilisation (RONM art. 7.1.ñ). That last case excepts fishing vessels when the fisheries authority imposed and lifted the measure.

Ships bound abroad

The list in RONM art. 7.1 also names Spanish-flag ships bound for a foreign port (RONM art. 7.1.o). Read with the opening words of RONM art. 7.1 and with RONM art. 15, the text does not settle whether that covers every such ship, so ask the Capitanía Marítima, the local maritime office. RONM art. 7.1 lists other cases too: read the whole article before you choose a route.

Other express cases

Ships at the end of their useful life need it (RONM art. 8). So do private rescue vessels, which the Director General de la Marina Mercante clears (RONM art. 10). Recreational cases are in RONM art. 9.1: (a) a temporary change from private to commercial use, up to three consecutive months in the calendar year, for a list 7 craft; (b) a one-off voyage or activity different from the authorised one; (c) the first clearance of a foreign-flag craft on nautical charter in Spanish maritime spaces.

Filing and deciding

File at least 48 hours before your estimated departure time (RONM art. 11.2). A defective request gets 10 days to be corrected. A complete request is decided within 48 hours (RONM art. 11.3). If the administration neither decides nor notifies in that time, the request counts as refused (RONM art. 12.2).

Refusal

The administration can refuse clearance only for a legal or regulatory reason, by court order, or when another authority asks (Ley 14/2014, the Maritime Navigation Act, art. 18.2). It must refuse for a breach of safety or pollution rules (RONM art. 12.1) and for a ship immobilised by a court or another authority (RONM art. 18.3). The refusal states its reasons, and the ship cannot leave. You can appeal to the Director General de la Marina Mercante, by recurso de alzada (RONM art. 12.3).

Documents

Filing needs the general declaration, crew list, passenger list where required and FAL forms, the standard international forms for a port call (RONM art. 11.4). The rol de despacho y dotación shows a Spanish ship's voyage and crew, and that she sailed after meeting the clearance requirements (RONM art. 19.1). On board: registration certificate, Patente, rol, Diario de Navegación, Cuaderno de Máquinas, Cuaderno de Bitácora if required, and insurance certificates (Ley 14/2014, art. 78).

Key figures

Express request (RONM arts. 11.2–11.3): File 48 h before departure; decision within 48 h of a complete request
Defective express request: 10 days to correct it (RONM art. 11.3)
No decision in 48 h: The request counts as refused (RONM art. 12.2)
Sailing without clearance (RONM art. 53): Craft €2,000–6,000; ship to 45 m €6,001–30,000; 45 m+ €30,001–120,000
No rol aboard (RONM art. 52): Craft €500–1,000; ship to 45 m €1,001–3,000; 45 m+ €3,001–10,000

Choosing the route for one departure

Check exemptions and the ship's scope first. — Some vessels fall outside the RONM (RONM art. 2.2), and some private craft need no clearance (RONM art. 2.3).
Check for an express trigger in RONM arts. 7–10. — An express case rules out autodespacho (RONM art. 13.3).
If express, file at least 48 hours before your estimated departure time (RONM art. 11.2). — Once the request is complete, the administration has 48 hours to decide (RONM art. 11.3). If it neither decides nor notifies, the request is refused (RONM art. 12.2).
If not, check the simplified list in RONM art. 15.2. — A listed ship files a declaration without handing over the exit documents (RONM art. 15.1).
Otherwise, file the general regime documents and declaration. — Clearance takes effect on electronic filing (RONM art. 11.1).
Update the rol de despacho y dotación before sailing. — Changes must reach the administration before departure, or within 24 hours if you are at sea (RONM art. 20).

Remember

An express request goes in 48 hours ahead; no decision within 48 hours of a complete request means refusal.
A grounding on the way in that could make a ship a danger is an express case: no autodespacho.
RONM art. 7.1.o names Spanish ships bound abroad, but the text leaves its reach open: ask the Capitanía.
A refusal gives its reasons and stops the ship; the appeal goes to the Director General.
The rol de despacho y dotación shows the voyage and the crew.

Common mistakes

Wrong: If the deadline passes with no answer, the master can treat clearance as granted.
Right: On an express request, no decision and notice within 48 hours means the request is refused (RONM art. 12.2).
Wrong: A private yacht is exempt from clearance, so she can go on charter without asking.
Right: The exemption does not cover RONM art. 9 cases (RONM art. 2.3). A temporary change to commercial use needs express authorisation (RONM art. 9.1.a).

Worked case

A Spanish-flag 90 m cargo ship grounded on approach to port, and this could make her a danger to people, property or the environment. She wants to leave next morning. The agent plans a declaración responsable tonight. If the system fails, the master proposes autodespacho. Is either route open?

Show the answer

Neither. A grounding on the way into port is an express case (RONM art. 7.1.b), so a declaration is not enough, and autodespacho is barred (RONM art. 13.3). The agent must ask for express authorisation at least 48 hours before departure (RONM art. 11.2), so next morning may be impossible. No decision within 48 hours of a complete request means refusal (RONM art. 12.2). A refusal keeps her in port, with appeal to the Director General (RONM art. 12.3).

Practice question

Which ship needs express authorisation for clearance under Spain's RONM?

A private yacht without professional crew, on a weekend cruise
A Spanish ship going to a recycling yard at the end of her life
A harbour tug in local service in interior waters
A Spanish fishing vessel on her normal day trip

Show the answer

Answer: B. RONM art. 8: express authorisation is required for ships at the end of their useful life. The private yacht is exempt (RONM art. 2.3). The tug (RONM art. 15.2.e) and the fishing vessel (RONM art. 15.2.g) fall under the simplified regime.