Shipping 2026

SPAIN Law and Practice Contributed by: José Antonio Domínguez, Mikel Garteiz-Goxeaskoa, Enrique Ortiz and Irantzu Sedano Beitia, Aiyon Abogados SLP

sea, marine and environmental protection, and life and work standards for seafarers, all within the frame of the Paris Memorandum of Understanding (MOU). The competent authority for foreign vessel inspections is the Ministry of Transport and Sustainable Mobility, through the Harbour Master Offices in each port. Groundings and wreck removal outside internal waters are also subject to the powers of the Minis - try of Transport and Sustainable Mobility through the Harbour Master Offices, whereas grounding and wreck removal within internal waters are subject to the relevant Port Authority. In both cases, the com - petent authorities have the power to request salvage or wreck-removal operations from the owner or its insurer. If owners or insurers do not comply with this request, the competent authorities are empowered either to sink the vessel or to remove the wreck, all at the owner’s/insurer’s expense, without the possibil - ity of claiming limitation of liability. Authorities would have a lien on the recovered property and can sell it to recover the costs incurred. In order to prevent marine pollution, the Harbour Masters and Port Authorities are empowered to visit, inspect and arrest vessels within Spanish jurisdiction - al waters, and to initiate judicial actions or any other action they deem necessary to protect the environ - ment. As a state party to the International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC), Spain has developed the National Marine Response Plan and the National Shore Protection Plan to prevent and fight pollution at sea and onshore under the powers of the Ministry of Transport and Sustainable Mobility and Coastal Directorate, which will co-ordinate the response to pollution with the assistance of the Spanish salvage public company (SASEMAR), the Army, the police, fire fighters, scien - tific public agencies, etc. Costs for this response will be claimed against the polluter. 1.3 Domestic Legislation Applicable to Ship Registration Ship registration is regulated by the State Port and Merchant Navy Act (ie, the Royal Legislative Decree

2/2011), the SSA and Royal Decree 1027/1989, which regulates ship registration and the Maritime Registry. All vessels or naval artefacts in Spain, including Mobile Offshore Renewable Units (MORU) must be entered on two registries of different natures: • the Marine Administrative Registry; and • the Registry of Movable Goods, where ownership, mortgages and encumbrances will be registered. The Marine Administrative Registry is in the charge of the Ministry of Transport and Sustainable Mobility, and is located in the different Harbour Master Offices. The Registry provides for the register of ships or naval artefacts through a list system that depends on the activity to be performed by each ship. The Registry of Movable Goods, however, is in the charge of the Ministry of Justice. The Special Registry of Ships and Shipping Compa - nies of the Canary Islands (known as the REBECA), which provides for important tax allowances and cor - porate benefits, is also worth mentioning. 1.4 Requirements for Ownership of Vessels Under the Spanish Ports Act, only individuals or com - panies domiciled in Spain or in any of the European Economic Area (EEA) countries can own a Spanish- flagged vessel, provided that they have a representa - tive within Spanish territory. For companies domiciled outside the EEA, the Spanish flag is only accessible if the vessel is registered under the REBECA. Title to ownership (sale contract) shall be in writing, and ownership will be acquired with the delivery of the vessel after the contract of sale purchase. However, in order to register the ownership of the vessel, the sale contract needs to be contained in a public deed. Vessels under construction are registered in the Marine Administrative Registry within list nine, which is a temporary registration. Once the construction has finished, the vessel is registered in the appropriate list according to the purpose of the vessel, and the temporary registration is closed.

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