Can I sail with the PER outside of Spain?

All of us who like sailing have ever asked ourselves this question: can I sail with the title of Recreational Boat Skipper outside of Spain? The answer is a little more complex what it seems like. Keep on reading to know everything!

Limitations on distance for the PER and principle of innocent passage

As you know, the PER enables you to navigate a maximum distance of 12 miles from the coast, which can be confusing. Can I go to France or Italy by sailing within that maximum distance?

In principle, the qualification PER It only serves to navigate within Spanish waters, since it is not approved in other countries. However, there is a legal assumption that will allow you to skirt the coast of any country with your navigation title: the so-called innocent passage principle.

Thanks to this, it is possible navigate the territorial sea of any country (which includes the first 12 miles from the coast, that is, the maximum distance that the PER allows you), but meeting a series of requirements:

• It must be a fast pace, no stops
• It is mandatory respect the environment and not constitute a threat to the country through whose waters we navigate.
• Don't break the laws regarding pollution, human or drug trafficking and respect the tax regulations of the country in question.

Insurance coverage

In addition to the mandatory third party civil liability insurance, it is highly recommended to have a policy that covers possible accidents or unforeseen events that may occur during navigation.

Usually, the Navigation insurance guarantees accidents that occur in the Spanish maritime area and/or Portuguese, as well as French up to the height of Calais, within the navigation area authorized by the Regulation and the competent Authorities. 

This means that if we suffer a accident with our boat outside the permitted navigation area, it is very unlikely that we will be able to count on coverage of insurance, even when we allege the principle of innocent passage. 

Legislation of each country

Each country has its own rules of navigation and it is commonly accepted that Latin countries are more severe, while Anglo-Saxon countries are much more permissive, to the point that in many cases they do not require any qualification to govern vessels of a certain size.

Unlike professional titles, recreational qualifications do not have an international standard, which means that each ship must comply with the rules governing its flag or flag. In the case of Spain, national legislation is not recognized in other countries, so it only applies within our borders.

Yes, there is, however, a international certificate of competence (ICC) since 1998, which constitutes an international recreational boating license accepted by the UN, although it is only valid in the scope of those countries that have adhered to it, among which Spain is not found, so it cannot be obtained by Spanish sailors.

Can I rent a boat in another country? 

As we have already pointed out, each country has its own legislation when allowing or prohibiting navigation within its territorial sea (12 miles from the coast) and its contiguous zone (12 miles from the territorial sea).

If you plan to travel to another country and are considering the possibility of renting a boat at your destination flying the flag of that country, our recommendation is that Check current legislation before arriving, since the conditions and requirements for sailing are very different in each country.

With what navigation license can I navigate throughout Europe?

Among the recreational licenses, there is none that allows the holder to navigate throughout Europe, so it is necessary consult the specific legislation of the country in question. It is possible, as we have already mentioned before, to sail through the waters of these countries, at a maximum distance of 12 miles from the coast and without docking, according to the so-called "principle of innocent passage."

Is the Spanish navigation license valid for Portugal?

There is certain legal loophole in this regard, since the Portuguese maritime authorities allege that There is no equivalent permit in the Portuguese country. to the Spanish navigation license and that, therefore, they can't recognize her, just as they do with the rest of the licenses and titles issued by the rest of the countries of the Union.

However, it is not entirely clear that this is legal, since the European regulatory framework forces Portugal to recognize the rest of the titles, so some professionals in the sector make an interpretation alternative of the declaration, considering that the Portuguese country it can only not recognize the Spanish navigation license of the Portuguese who have crossed the border with the sole purpose of obtaining it to navigate its coasts, while yes They must recognize it when it is presented by Spanish citizens.