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Spanish rescue boats no longer need foreign approval

Responsible for this content: Frank Menze

Spanish-flagged private rescue boats no longer need a foreign state's approval to get clearance for missions outside Spanish waters: Spain's Supreme Court has struck down the rule. The judgment, published in September, follows a challenge by Open Arms. Europa Press reported the decision from Madrid on 28 September.

Archivo - Embarcación de Open Arms con ayuda humanitaria que partirá rumbo a Cuba, a 28 de mayo de 2026, en Gran Canaria (Islas Canarias, España).
Europa Press

Until now, a boat needed permission from the country responsible for the rescue area it was heading to before it could receive clearance to leave. The court ruled that this clashed with international agreements signed by Spain. Being responsible for a rescue area means organising and coordinating operations, it said — not controlling its waters or foreign ships sailing through them.

The judges were not unanimous. Three argued that the rule could have been interpreted in line with international and European law rather than struck down. The court ordered the administration that defended it to pay legal costs, capped at €4,000.

Open Arms says the rule could have stopped a Spanish boat setting out to save lives in international waters if another country withheld permission. Its founder, Óscar Camps, welcomed the ruling after a seven-year fight, but said: “Time lost at sea does not come back.”

Topics: Court cases · Sea rescue · Politics

Source: Europa Press / Mallorca.com