ES-GUIDE-L3.3

Despacho under the RONM

ES-GUIDE-M3 · Charter Law and Clearance · ES-GUIDE-M3-A The charter contract, the temporary change of use and despacho under the RONM.

**Despacho** is the maritime administration's clearance to sail. For yachts it is now mostly a declaration, but the exceptions are the ones that catch people out.

Framework

Governing: LNM art. 18; RONM (RD 186/2023) arts. 2, 9, 11–17 as amended by RD 1188/2025. Builds on: L3.1.

What despacho is

LNM art. 18 says every vessel needs the maritime administration's authorisation to go to sea: the despacho. The RONM's despacho chapters have applied since 15 August 2025. For most yachts, "authorisation" now means filing a declaración responsable: you declare the vessel complies, and you may sail once it is registered.

Who needs what

Situation Regime RONM
Recreational boat, private use, no professional crew (also PWC, rowing craft) Exempt art. 2.3.a
Spanish-flag buque de recreo Simplified art. 15.2.a
Recreational boat or ship with professional crew, any flag Simplified art. 15.2.b
Recreational craft on charter, Spanish flag (and foreign flag after first express despacho) Simplified art. 15.2.c, 15.3
Temporary change of use from private to commercial Express art. 9.1.a
One-off voyage or activity outside the authorised use Express art. 9.1.b
First despacho of an EU or third-country-flag charter yacht in Spain Express art. 9.1.c

Simplified despacho

  • Filed on the ministry's e-office by the owner, operator, charterer or agent, to the Capitanía of the home base or first Spanish port (art. 15.4).
  • Activity may start as soon as it is filed.
  • For yachts the declaración responsable counts as the master's general declaration: one document (art. 16.3).
  • On request, you must show the general declaration and crew list (art. 16.1).
  • Any change must be notified at once with a new declaration (art. 17.1).
  • It lapses if you fail to notify changes, carry on a different activity, fail to keep the boat manned to its minimum crew resolution, or after one year from filing (art. 17.2).

WARNING — The one-year clock RD 1188/2025 added the one-year limit from 31 December 2025. A declaration filed last season is not good for this one.

Express authorisation

Where express authorisation applies, you file at least 48 hours before departure (art. 11.2). The Capitanía decides within 48 hours once the file is complete; silence means refusal (art. 12.2). For yachts outside the FAL Convention the file includes the crew list, liability and accident insurance, and proof of tax compliance (art. 11.5). Self-despacho (autodespacho) is not available where express authorisation is required (art. 13.3).

TIP — Keep the rol current A Spanish-flag vessel with professional crew carries an electronic rol de despacho y dotación. Enrolments and discharges must be notified before sailing, or within 24 hours if at sea (arts. 20 and 23). An out-of-date rol is an easy finding for an inspector, and sailing without it is itself an offence.

Operators should read the detailed treatment in Spanish-Flag Charter Compliance.

Practice questions

5 questions

recall · core

Which yachts are exempt from despacho? (a) Foreign-flag yachts (b) Recreational boats in private use without professional crew (c) All yachts under 24 m (d) All lista 7ª boats including those with a change of use

recall · core

How long does a simplified despacho remain effective at most? (a) Until the vessel changes owner (b) 90 days (c) 30 days (d) One year

recall · core

Which of these requires express despacho authorisation? (a) A private lista 7ª yacht cruising with the owner (b) A Spanish buque de recreo in private use (c) A Spanish lista 6ª yacht's daily charter (d) The first despacho of a Maltese-flag yacht starting charter in Spain

recall · core

How far in advance must an express despacho request be filed? (a) 24 hours (b) 7 days (c) 12 hours (d) 48 hours

scenario · core

Your Spanish-flag charter yacht filed its simplified despacho declaration 13 months ago and nothing has changed. The charter starts tomorrow. What do you do? (a) File a new declaración responsable before sailing, because the simplified despacho has lapsed (b) Sail and file within 72 hours (c) Nothing; it is still valid (d) Ask for express authorisation

Independent study. xplor is not affiliated with the Dirección General de la Marina Mercante, any Spanish regional government or the Govern de les Illes Balears, and awards no title, certificate or endorsement. This guide explains the rules; titles, refrendos and authorisations are granted only by the DGMM, the Capitanías Marítimas or the competent region. AI-drafted content pending subject-matter-expert review.