SuperyachtNews.com - Operations - New bill to change navigation in the Balearic Islands

By Miguel Ángel Serra, Legally+

New bill to change navigation in the Balearic Islands

New legislation set to impose 10-knot speed limit one mile from the Balearic coastline…

The Balearic Government has submitted the bill on the planning, protection and comprehensive management of the coastline to the regional Parliament. This is the first time the Balearic Islands have independently and comprehensively regulated the management of their coastline, three years after the State transferred this power to them via Royal Decree 994/2022. The text covers everything from the protection of traditional coastal heritage to the division of powers between institutions, but the measure attracting the most attention is the speed limit for vessels near the coast.

The 10-knot limit
Article 49 of the draft law stipulates that within a one-nautical-mile strip of sea adjacent to the coast no vessel over 12 metres in length, nor jet skis or similar craft, may travel at speeds exceeding 10 knots. The measure will be even more restrictive in protected natural areas or those included in the Natura 2000 network.

Exempt from this restriction are commercial vessels engaged in passenger transport, merchant ships and public service vessels, which are already subject to international maritime regulations.

Juan Manuel Lafuente, Minister for the Sea and the Water Cycle in the Balearic Government, announced this restriction in parliament in September 2024, citing maritime safety concerns in light of the high summer visitor numbers in certain coastal areas.

This law provides, for conduct which – such as speeding – poses a “risk to the life, health or safety
of persons”, for a fine of between 3,000 and 300,000 euros.

Penalties: a serious offence, but with no fixed scale
Failure to comply with the limit is classified as a serious offence, with Balearic legislation referring to the national Coastal Act to determine the amount of the fine. This law provides, for conduct which – such as speeding – poses a “risk to the life, health or safety of persons”, for a fine of between 3,000 and 300,000 euros. This is an extremely wide range, the specific amount of which in each case depends on three legal criteria for determining the severity: a) the magnitude of the risk posed; b) the extent of the damage caused; and c) the degree of intent attributable to the offender. Neither the Balearic draft legislation nor the Coastal Act itself sets out a fixed scale that would allow one to predict, in advance, where the penalty will fall within that range, although speeding or repeat offences would logically be factors to be considered.

The Bill does not clarify how speeding at sea will be detected and proven, probably leaving this to subsequent regulatory development. There is no network of speed cameras as there is on the roads, and the Balearic authorities themselves have acknowledged in parliament the lack of maritime surveillance resources. The possibility of funding a monitoring project through the tourist eco-tax has been raised. We will have to wait not only for the final approval of the draft bill, but also for the regulations that will implement the future Act.

Superyachts are usually fitted with electronic navigation and data-logging systems which, in theory, would make it possible to reconstruct retrospectively the speed at which they were travelling at any given moment, in a similar way to how this is already done, for example, to verify compliance with speed limits in the waters of other countries. The real uncertainty lies rather with smaller vessels (for example 12 to 24 metres) fitted with powerful engines, which generally do not have this type of recording system and for the enforcement of which the authorities will therefore need external surveillance resources – patrol boats, radar or other means – yet to be specified.

Where the regulation does have a tangible effect is on [superyacht] tenders, many of which are over 12 metres in length and are therefore also subject to the limit within the one nautical mile.

Whatever the method, the legal requirement remains the same: in a state governed by the rule of law, an administrative penalty requires proof of the offence. Without reliable evidence, the penalty is open to challenge and would be difficult to uphold in an appeal before the courts. It is therefore foreseeable that there will be an initial period of implementation with more practical uncertainty ­– and a greater burden of proof on the authorities – than is desirable.

Status of the legislative process
The deadline for tabling amendments expired on 4 September 2026. The Bill is now proceeding through the legislative process, during which the amendments will be debated prior to the committee’s report and the final vote in the Plenary, scheduled for this autumn. Once definitively approved, the law will come into force on the day following its publication in the BOIB. As things stand, therefore, the 10-knot speed limit is not yet in force.

The actual impact on the navigation of ships and pleasure craft
In practice, the limit has little effect on the behaviour of the superyacht itself: they generally anchor far from coves and beaches, at speeds already well below 10 knots, and, where applicable, the final leg to the shore is covered by tender. Where the regulation does have a tangible effect is on those very tenders, many of which are over 12 metres in length and are therefore also subject to the limit within the one nautical mile.

Although this is a regional law, Article 49 has implications that extend beyond the Balearic Islands: it directly affects how vessels, pleasure craft and their auxiliary boats operate in one of the Mediterranean’s busiest charter destinations during the high season (although the restriction also applies to private craft). Owners, skippers and brokers planning itineraries in the Balearic Islands for 2027 must consider the expected entry into force of this restriction – and the not insignificant fact that it may take some time for the enforcement mechanisms to become operational.

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