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STOP PRESS ADVICE 3B/2020 – UPDATED
MAY 2020

SCHEDULE OF MEASURES TO RESTORE THE NORMALITY IN THE SPANISH NAUTICAL SECTOR AFTER THE COVID-19 LOCKDOWN

From last May 4th, Spain started a four-phase plan created to restore the normality following the limitations imposed in order to prevent the spread of the COVID-19.

In this sense, the NATIONAL ASSOCIATION OF NAUTICAL COMPANIES (ANEN) requested the GENERAL DIRECTORATE OF MERCHANT MARINE to clarify how this plan would be applied to the sports and recreational navigation sector.

In response, the Authorities clarified that sports and recreational navigation only takes place when its purpose is to have fun or practise a sport with non-profit interests or to practise non-professional fishing, either by owners or by other people who are chartering, using a passage contract, due to transfer of rights or by any other legitimate title, as long as the boat or yacht is not used by more than 12 people, apart from the crew members.

The Authorities also explained how the national plan set up by the Spanish Government will be applicable in some sectors also related to the sports and recreational navigation sector, like for example the companies that carry out maintenance tasks, repairs, construction of recreational boats, including the transport and sea trials.

Hereunder we specify the activities that can be carried out in each phase. Every phase is supposed to last around two (2) weeks and dates are only orientative, as the phases could be reconsidered according to the sanitary circumstances of each province, which means that provinces can go through different phases at different times.

After our last publication, further clarifications were made by the Authorities, and we have updated the information accordingly.

ZERO PHASE – From May 4th 2020

• It is not allowed to sail with leisure purposes, except for professional and federated sportsmen.

• Therefore, navigation in certain sailing boats is allowed as a sport, under the condition that the boat is in the same municipal district where its owner has its residence, and the navigation is geographically limited.
• Yachts and boats can be visited by their owners for security and maintenance purposes, as long as these are located in the same municipal district where the owner lives. Only one (1) person is allowed on board to carry out these activities and all the applicable procedures and protocols must be complied.

FIRST PHASE – From May 11th 2020

In the first phase, leisure navigation can take place with the application of some restraints regarding the amount of people on board, sanitary and hygiene measures:

• Chartering a boat or yacht or water motorbike is allowed for people who live in the same province, island or city where the chartering company is located.
• Only a 50% of the people authorized in the Certificate allowing navigation can go on board, unless these people live in the same house, in which case the 100% of the people allowed can go on board. 
• The maximum amount of people allowed on board are ten.

SECOND PHASE – From May 25th 2020

• In the second phase, recreational navigation can take place in larger groups.
• The owners of yachts and boats moored in different municipal districts but within the same province can visit them in order to check their security and maintenance. There will be navigation limitations among provinces and islands.
• Sea practices in order to obtain the title of professional pleasure craft skipper for retail trade and provision of services, can take place in this phase.

THIRD PHASE – By 15/Mid June

• In phase III, all nautical activities can be carried out with no further limitations than those generally applied, such as geographical limitations and preventive sanitary measures.

Should you have doubts or questions about this matter, we will be happy to provide the best legal advice at any time.