Polish flag in 2026: what is changing and the San Marino alternative

Why so many boats fly the Polish flag

There is a rumour along the pontoons: “if I register the boat in Poland, I no longer need the PER or inspections”. It is a half-truth, and the false half is the one that can cost you.

For years, other European flags were popular with many Mediterranean owners because of their simple paperwork. When those registers began to require real ties with the country, many switched to Poland, which has a register of yachts and boats up to 24 metres, REJA24, processed online.

The flag belongs to the boat. But the law on who may skipper it applies to the skipper, and the law on safety equipment to the owner who lives here.

What is changing in Poland in 2026

What was doing the rounds on the forums now has an official text. The Polish government has sent parliament bill no. 2995, which amends the law on registering yachts and boats up to 24 metres. It reached the Sejm on 29 July 2026 and passed its first reading in committee on 3 September. It is not law yet: it still needs votes in the Sejm and the Senate and the president’s signature, and the text may change along the way.

The government explains why in the bill’s explanatory memorandum: of the boats registered in REJA24, 40% (40,018) have owners outside Poland. The register grew into a flag of convenience, and Poland wants to know which boats fly its flag and what state they are in. This is what the bill says:

• A compulsory preliminary survey if the owner is not Polish. Before registration, an organisation authorised by the Polish maritime administration checks that the details and documents match the boat, and its general seaworthiness. If the boat has a CE declaration, the survey can be done remotely. The fee is set by that organisation, capped at one average Polish monthly wage.
• Confirming the registration every five years. In the run-up to each fifth anniversary you must ask for the registration document to be confirmed. If you don’t, the registration is suspended and then cancelled.
• Boats already registered too. They will have to confirm their registration within 3 to 24 months of the law coming into force, depending on when they were registered: the oldest first. If the owner is not Polish, the preliminary survey is also required. Anyone who doesn’t will have their registration suspended and, 12 months later, cancelled.
• Possible bans by nationality. The government will be able to bar owners from certain non-EU countries from registering, on security grounds. It does not affect owners from EU countries.
• New fees. Registration fees will be set by a later regulation; nobody knows the amount yet, so be wary of anyone quoting a figure.

If passed, it comes into force 12 months after publication. So the Polish flag isn’t disappearing tomorrow, but the “cheap, online and nobody looks at the boat” model is coming to an end. We will update this article as the bill progresses.

What about San Marino? The alternative people are talking about

With Poland tightening up, many agencies are already offering San Marino. It is a register open to owners from any country, handled online, with one requirement Poland doesn’t have: if you don’t live in San Marino, you must appoint a representative resident there to deal with its maritime authority. Agencies charge for this separately.

Before changing flag, three things the agencies don’t usually put in big letters:

• Nothing changes in Spain. The licence and safety equipment required depend on where you live, not on the flag: everything we explain below for Poland applies equally to San Marino.
• San Marino is not in the European Union. If you live in the EU, the boat must be EU VAT-paid, whatever flag it flies. Temporary admission, which avoids paying it, is for people who live outside the EU. The flag does not change your boat’s VAT status: if you can’t prove it has been paid, it can be claimed from you.
• Changing flag costs money and paperwork: deregistering from the current register, registering in the new one, the representative… Do it with a nautical agent, and with your boat’s VAT position clear.

The licence: what the law says

The fifth additional provision of Royal Decree 875/2014 states that anyone skippering a foreign-flagged recreational boat in Spanish waters must hold a licence that entitles them to do so. And it specifies which one, as in the diagram at the top:

• If your nationality matches the flag (a Pole on a Polish boat), the licence required by Poland is valid.
• If it does not match (a Spaniard, or a foreigner living here, on a Polish boat), the licence of the country where you live is required or, failing that, that of your nationality.

In plain words: if you live in Spain, you need a Spanish licence (Navigation Licence, PNB, PER or higher) or a recognised foreign one, even if the boat is Polish. For Spaniards, residence is determined by registration at the consulate: if you are not registered as resident abroad, for these purposes you live in Spain.

Safety equipment: RD 339/2021

The second big misunderstanding. Royal Decree 339/2021, which regulates safety and pollution-prevention equipment on recreational boats, also applies to foreign boats whose owners or users have genuine ties with Spain. It was introduced precisely to end flags of convenience in countries with laxer requirements.

If you live in Barcelona and sail under the Polish flag, an inspection can require the same lifejackets, flares, extinguishers or liferaft as a Spanish boat in the same navigation zone.

What the Polish flag does save you

It is not all obligations. That is why so many owners choose it:

• Spanish registry paperwork: registration in Poland is done online through REJA24.
• Periodic Spanish inspections (ITB): these belong to the regime for Spanish-flagged boats. But be careful: nobody inspecting you does not mean the boat is fine. Maintenance is still your job.

Before changing flag, ask a nautical agent. Each register’s conditions change (Poland is about to, as explained above), and here we only explain what we have been able to check in official sources.

What can happen without a licence

The Ports and Merchant Navy Act considera serious offence acting as skipper without the required licence, or letting someone without it do so (article 307.2.h). Serious offences against maritime safety carry a fine of up to €180,000 (article 312.2.b). The actual amount depends on the case, but it is not a risk worth taking.

And there is a risk that does not appear in the official gazette: insurance. If you have an accident while skippering without the required licence, the insurer may dispute cover. Check your policy.

Which licence you need

If your Polish-flagged boat is longer than 8 metres, the licence you need is the PER. We prepare you with online theory and the compulsory practical training on board, in Port Garraf.

If you already own the boat

Many owners with Polish-flagged boats already have the licence. The problem comes afterwards: a foreign-registered boat, in a Spanish port, with an owner living here, that nobody inspects periodically.

• Did you buy it without a survey? Not having to pass the Spanish ITB does not mean it is in good shape. An independent survey tells you what the seller did not.
• Don’t live near the port? With our boat management we check the boat, start the engine and send you a report on WhatsApp after every visit.
• Breakdowns or upgrades? Repairs, electronics and refits, done by someone who also sails.

Frequently asked questions