The Spanish Customs Authority has announced significant changes to the temporary importation regulations for non-EU flagged vessels, representing a major administrative simplification for yacht owners and operators.
Under the new interpretation of customs regulations, vessels under temporary admission status will no longer be required to visit a non-EU port to renew their temporary importation status. Instead, sailing beyond 12 nautical miles offshore will be considered sufficient to reset the Temporary Admission (TA) regime.
This regulatory update streamlines compliance procedures while maintaining customs oversight
Key change: Non-EU vessels can now renew their temporary admission (Annex 71.01) status by sailing 12 nautical miles offshore and providing appropriate documentation, eliminating the previous requirement to visit a non-EU port. Vessel owners can now provide evidence of sailing outside territorial waters through plotter photos with the vessel’s Certificate of Registration visible, along with photos of the registration card showing the route taken.
The sale of vessels outside the EU to non-EU owners in international waters has been streamlined, and the same documentation is now sufficient to finalise export procedures. These changes are expected to significantly reduce the administrative burden for non-EU yacht owners operating in Spanish waters.
For more information or queries, please contact palma@estelashipping.net
FAQ
Does this new interpretation apply to all EU countries?
No. The updated rule allowing non-EU vessels to renew their temporary admission (Annex 71.01) status by sailing 12 nautical miles offshore without visiting a non-EU port currently applies specifically to Spain.
This change is not a uniform rule across all EU countries. The Temporary Admission (TA) procedure is governed by EU-wide customs regulations under the Union Customs Code (UCC), which set the general framework. According to these regulations, a vessel must leave the customs territory of the Union to reset the TA period, but there is no minimum required time outside the EU, and the details of how this is interpreted or implemented can vary by member state.
Spain’s new interpretation is an example of a national customs authority applying the EU rules in a way that simplifies procedures locally. Other EU countries may still require non-EU vessels to physically leave the customs territory by visiting a non-EU port or comply with different procedures to renew temporary admission.
In summary, while Spain allows renewal of temporary admission by sailing 12 nautical miles offshore without visiting a non-EU port, this practice does not automatically apply to all EU member states and depends on the national customs authorities’ interpretation within the EU framework.
Clarification: Clearance is EU-wide, so clearance granted by Spain means that yachts are then free to cruise in all EU waters for up to 18 months. The difference here is that Spanish customs are satisfied by yachts simply arriving from non-EU waters without the need for a non-EU port call. In the rest of the EU that’s not (yet) the case, as at April 2025. There remains, however, ambiguity over the need to file an arrival (and departure) declaration, as customs generally disregard these declarations.
A Lawyer Writes…
The local maritime legal expert, Miguel Angel Serra, wrote an explainer of the amended rules in a LinkedIn post recently.
We aim to summarise in the plainest English possible below, though if in any doubt about your vessel’s TA status, we recommend you contact us or seek your own legal advice. As ever, the letter of the law and actual common practice don’t align perfectly…
The text explains significant changes in Spanish customs practices for yachts under two regulatory frameworks: the Inward Processing Relief (IPR) regime and the Temporary Admission (TA) regime.
Since September 2021, Spanish customs began accepting that sailing beyond territorial waters (12 nautical miles from the coast) could discharge the IPR regime – a major improvement for Spanish shipyards as this meant yachts no longer needed to sail to foreign ports like Gibraltar or North Africa to close this procedure.
However, for over three years, this created an inconsistency because the same criterion wasn’t accepted for the Temporary Admission regime, despite both regimes sharing the requirement that yachts must leave EU customs territory before their authorisation period ends.
The good news is that in April 2025, this inconsistency was finally resolved when Spanish customs began accepting that sailing beyond territorial waters also fulfils the requirements for discharging the TA regime. Although no official written instruction has been issued, this is now being applied by Spanish customs offices.
The new interpretation now applies to sales of yachts to non-EU buyers in international waters, where previously documentation proving arrival in a non-EU country was required.
The text notes that proper documentation (navigation tracks, AIS records, logbooks, etc.) is still required as proof of leaving EU customs territory.