Bareboat charter

Fees will be charged for:

• cases regarding exempt
• registration in the Swedish Bareboat Register
• yearly registration cost, and
• survey and certification

The fees will be set out in the Swedish Transport Agency's regulations (TSFS 2024:78) on fees (Transportstyrelsens föreskrifter (TSFS 2024:78) om avgifter).

Bareboat charter

Bareboat charter is when the owner of a ship charters the ship, essentially unmanned, with right to use to a charterer. Skeppslega is the official name for bareboat charter in Swedish.

Bareboat Charter Contract

The contract that the owner of a vessel enters into with an operator regarding bareboat charter.

Approval decision

The decision the Swedish Transport Agency makes regarding if a foreign ship is allowed to fly the Swedish Flag or that a ship registered in the Swedish Register of Ships is allowed to fly a flag other than Swedish.

When the Swedish Transport Agency has made a decision of approval for a vessel to be considered Swedish it means that the owner may register the vessel in the ship section, boat section or bareboat register in the Swedish Registry of Ships.

When the Swedish Transport Agency has made a decision of approval for a vessel to be considered to have another nationality than Swedish it means that the owner can register the ship in the other country’s bareboat register and, at the same time, have the ownership of the ship registered in the Swedish Register of Ships.

Charterer

The one who charters a vessel essentially unmanned with right to use (bareboat charter).

Primary ship register

The register of ships where the ownership of a ship is registered. For ships that are registered in the Swedish Bareboat Register the primary ship register will be the ship register in the country where the ownership of the ship is registered.

Register extract

An extract from the Swedish or a foreign register of ships showing the particulars of a ship, such as the ships name, call sign, owner and technical information.

Skeppslega

The Swedish name for bareboat charter, meaning that the owner of a ship charters the ship, essentially unmanned, with right to use to a charterer.

The Swedish Bareboat Register

The part in the Swedish Register of Ships where a ship that is primarily registered with ownership in another country’s register of ships can be registered if the ship is bareboat chartered to a Swedish charterer.

Owner

The natural or legal person who is registered as owner of a ship in a ship register. 

A foreign ship must be registered in the bareboat register if it receives approval to fly the Swedish flag under the new rules on bareboat chartering. A ship owned by a foreign owner which is chartered out essentially unmanned with a right of use (bareboat charter) may, if certain conditions are met, be regarded as Swedish and entitled to fly the Swedish flag during the charter period.

Registration in the bareboat register takes place in two steps.

Step 1

The first step is that the owner of the ship must obtain an approval decision from the Swedish Transport Agency (Transportstyrelsen) to fly the Swedish flag.

For an approval decision to be granted:

• the owner of the ship must submit an application for approval to fly the Swedish flag to the Swedish Transport Agency,
• the operation of the ship must be essentially under Swedish control. To demonstrate this, the owner must submit a bareboat charter agreement to the Swedish Transport Agency,
• the ship must be primarily registered in a foreign ship register. The owner must therefore submit a register extract showing that the ship is registered there and that the applicant is registered as the owner, and
• the registration rules applicable in the other country (where the ship is primarily registered) must not prevent the ship from being registered in the Swedish bareboat register. This can, for example, be demonstrated with a certificate from that country’s ship register.

If the conditions are met, the Swedish Transport Agency will decide on an approval for the ship to fly the Swedish flag. The approval decision is time-limited (for the duration of the charter period, but for a maximum of five years) and may be subject to conditions. When the approval decision expires, the ship’s owner must apply for a new approval.

Once the owner has received an approval decision, the owner is required to register the ship in the bareboat register.

Step 2

The second step is to carry out the registration in the bareboat register. To have the ship bareboat registered, the owner must:

• submit an application for registration in the bareboat register,
• submit a Protocol of Delivery and Acceptance,
• submit an extract from the ship register of the country where the ship is primarily registered, showing that the ship is registered there and identifying the owner, and
• apply for tonnage measurement.

When all conditions for registration are met, the Swedish Transport Agency will decide on registration of the ship in the bareboat register.

A Swedish ship that is chartered out primarily unmanned with a right of use (bareboat charter) to a foreign natural or legal person (foreign charterer) shall, during the charter period, be regarded as having another nationality if:

• the ship’s owner applies for such approval,
• the foreign charterer assumes essential control over the ship’s operation, and
• it is considered compatible with Sweden’s international obligations.

The owner of the ship must submit the following to the Swedish Transport Agency (Transportstyrelsen):

• an application for approval for the ship to fly a flag other than Swedish,
• a Bareboat Charter Agreement,
• a Certificate of Incorporation or equivalent document showing the existence of the foreign charterer.

Additional documents may be requested if necessary.

The approval decision takes effect only once the ship has been delivered to the charterer in accordance with the bareboat charter agreement. To demonstrate that delivery has taken place, the owner must therefore submit:

• a Protocol of Delivery and Acceptance or equivalent document to the Swedish Transport Agency.

The approval decision is time-limited to a maximum of five years, after which it may be renewed for additional periods of up to five years at a time, and it may be subject to conditions. When the approval decision expires, the ship’s owner must apply for a new approval.

The new rules on bareboat chartering will enter into force on 1 February 2026.

In practice, the new rules mean that anyone who charters out a Swedish ship to a foreign person or company must obtain an approval decision from the Swedish Transport Agency (Transportstyrelsen) in order to register the ship in a foreign bareboat register. For the Swedish Transport Agency to be able to make such a decision, the following is required:

• the owner of the ship applies for approval in accordance with Chapter 1, Section 1 c of the Swedish Maritime Code (sjölagen),
• the owner submits documents showing that the ship has been chartered out to a foreign charterer and that this charterer has assumed decisive control over the ship, and
• the approval can be considered to be in accordance with Sweden’s international obligations.

An approval decision as described above is time-limited (for the duration of the charter period, but for a maximum of five years) and may be subject to conditions.

Since there are no provisional regulation related to Chapter 1, Section 1 c of the Swedish Maritime Code, this means that ships currently chartered out to a foreign charterer must have an approval decision in accordance with Chapter 1, Section 1 c of the Maritime Code when the new rules enter into force.

Those who have a ship that is chartered out and registered in a foreign bareboat register while also being registered in Sweden must submit the following to the Swedish Transport Agency:

• an application for approval for the ship to fly a flag other than Swedish,
• a Bareboat Charter Agreement,
• proof that the ship has been delivered to the charterer, such as a Protocol of Delivery and Acceptance,
• a Certificate of Incorporation or equivalent document showing the existence of the foreign charterer.

Additional documents may be requested if necessary.

After the new rules have entered into force, the Swedish Transport Agency can process your application.

When the new rules are introduced, the existing possibility to fly the Swedish flag under Chapter 1, Section 1 b of the Swedish Maritime Code (sjölagen) will remain unchanged but will be moved to a different section — Chapter 1, Section 1 f of the Maritime Code.

When the new rules enter into force, approvals already granted to fly the Swedish flag will continue to apply, and the ships covered by them will remain registered in the ship section of the Swedish Register of Ships as before. When the approval decision expires, it will still be possible to apply for an extension of the approval under the same rules as before and to keep the ship registered as before.

Foreign ships can be registered in the bareboat register if they are granted approval to fly the Swedish flag in accordance with the new rules on bareboat chartering.

The agreement must clearly state that the ship is being chartered out essentially unmanned. In addition, it must include a clause specifying that the charterer assumes decisive control over the operation of the ship.

It must also clearly identify which ship is being chartered and who the contracting parties are. The agreement must be signed by authorized representatives of both parties and submitted to the Swedish Transport Agency (Transportstyrelsen) with the original signatures.

The Government has proposed (but not yet decided) that information on the charter price and payment terms in a bareboat charter agreement shall be subject to confidentiality in matters concerning approval for a ship to be regarded as Swedish or to have another nationality, as well as in matters concerning registration in the bareboat register.

The ambition is that case processing will commence within 14 days.

If an application for registration in the bareboat register is received by the Swedish Transport Agency before 12:00 p.m. (Swedish time), it will be handled the same day. If it is received after 12:00 p.m. (Swedish time), it will be handled on the following working day instead.

If a case is missing information or documents, a letter requesting supplementary information will be sent to the applicant.

No, it is not possible to register mortgages on ships that are registered in the bareboat register. Mortgages are handled in the foreign ship register where the ship is primarily registered.

For ships registered in the bareboat register, ownership and the right to register mortgages are handled in the foreign ship register where the ship is primarily registered.

A ship chartered in by a Swedish shipowner and registered in the bareboat register is considered Swedish during the charter period and is therefore under the supervision of the Swedish Transport Agency (Transportstyrelsen). All certificates required under the Swedish laws and regulations applicable to the ship must be issued by the Swedish Transport Agency or by a Recognised Organisation (RO) recognised by the Swedish Transport Agency.

For the ship to be certified in Sweden, it must undergo a change-of-flag process in accordance with the standard procedures of the Swedish Transport Agency and, if applicable, the RO. From a survey and certification perspective, it makes no difference whether the ship is registered in the bareboat register or in the regular ship register; the ship must go through the same processes in Sweden.

The Swedish Transport Agency currently has agreements with five Recognised organisations (RO) authorized to perform surveys and certifcation of Swedish ships: American Bureau of Shipping, Bureau Veritas, DNV, Lloyd’s Register, and RINA. In order for a ship to use an RO for statutory surveys and certification is that the ship must also be classed by the same organisation.

If the ship is classed with another classification society which the Swedish Transport Agency has not delegated statutory surveys and certification to, the ship must change class in connection with registration in the Swedish bareboat register, or alternatively, the Swedish Transport Agency must perform the statutory survey and certification of the ship itself.

If the ship is required to carry a class certificate according to Swedish regulations, the classification society issuing the certificate must be an EU-approved society (currently, 12 classification societies are approved). If the ship has a class certificate issued by a non-EU-approved classification society, the ship must change class in connection with registration and certification in Sweden.

Ships chartered out by Swedish owners and registered in a foreign bareboat charter register with approval to fly another country’s flag are not considered Swedish during the charter period (except for the registration of ownership and mortgages). This means the ship is under the supervision of the foreign flag state administration. All certificates required for the ship must be issued by the foreign flag state authority or a recognised organisation acting on its behalf.

When the approval decision expires, the ship will again be considered Swedish and will be under the supervision of the Transport Agency. This means that information about classification for ships chartered into Sweden is also relevant when a ship returns to Sweden after a charter period.

During the charter period, however, the rules of the foreign flag state govern which classification societies can be used. The expiration of approval is therefore equivalent to the change of flag to Sweden for a foreign ship, and the ship must undergo the statutory survey and certification included in that process.