Quiddle
Well-known member
Can any advise if a 2 stroke can still be bought in the CIs, and if it is legal to then bring it back to the UK for own use?
2 Stroke outboards in Channel Islands?
- Thread starter Quiddle
- Start date
sailorman
Well-known member
who is to know you have it, come back via France job done
Quiddle
Well-known member
I like to know the rules before I break them.
Angele
Active member
Yes and yes.
Mainbrayce chandlery in Alderney advertises them on its website and it is perfectly legal to use a 2 stroke in the EU and, indeed, to sell a used one. It is only the sale as new that is banned.
Edit: Their use on certain lakes and inland waterways is banned, more so on the continent than in the UK, but I'm assuming this is for use at sea.
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Quiddle
Well-known member
Thank you. Yes, it's for marine use.
sailorman
Well-known member
GrahamM376
New member
Not so sure about that statement. It is certainly OK to buy, sell or use a 2 stroke engine which was imported into the UK/EU before the cutoff date. Commercial users and powerboat racers can still buy and use. However, the Channel Islands are outside the UK VAT area so in practice if you went there specifically just to buy the engine and import it to the UK, you could have problems if declaring it. OTOH, if you're sailing there and back, just splash some mud on it and who would notice?
LadyInBed
Well-known member
You could buy a good 2nd hand one (as I did) and avoid the VAT issue.
Angele
Active member
That is a slightly different point. The OP was asking if it is legal to use it. And the answer to that is yes.
Anything bought outside the EU (and the CI are outside the EU) is subject to VAT/duty on importation. So, yes, it should be declared and payments made. But the same is true if you went to Guernsey and, say, bought an expensive watch there.
Topcat47
Well-known member
You cannot get a stroker from the CI delivered to the UK as it breaks the embargo on imports but buying one there and bringing it back is legal. I can't remember the break even point for duty and Vat on private purchases.
Angele
Active member
I think the de minimis limit for bringing "gifts" or anything bought in the CI back into the UK (apart from alcohol/tobacco etc) is an aggregate value of £135. So an O/B or a new Rolex is caught.
Quiddle
Well-known member
That was plan A but they seem to cost as much as new. I've been to a dealer today to get a price for my 4S and he seemed keen on facilitating a part ex sale via the 'commercial use' exemption, so we shall see.
LadyInBed
Well-known member
Yes, but the bill said 2nd hand!!
prv
Well-known member
Pretty sure it isn't, all that means is that you are the importer rather than Joe Blogs Marine (Outboards) Ltd.
Agree with the comments saying that nobody is likely to know or care, though. I believe responsibility for RCD compliance actually lies with local authority Trading Standards, and they have far more important things to concern themselves with.
Pete
jac
Well-known member
So how does that square with buying essential boat spares & equipment?
I've broken bits of boat in the CI, bought replacements in local swindlery and then come back a week or so later when holiday over. How would that differ if you go over to Alderney, realise that your forgot your outboard and hand to buy one there as essential equipment.
GrahamM376
New member
Anything you buy for your boat, essential engine parts for instance should technically be declared. problem with a NEW 2 stroke outboard which doesn't meet the emissions limit (some large ones do) is that it appears to be illegal to import one into the EU for pleasure use so I suspect it could be confiscated if you're unlucky, just like they can with booze or cigs if you exceed your allowance.
macd
Active member
But surely once Joe Public has bought one, it ceases to be new, and is thus not covered by the regs?
I'll grant you it's a little bit moot. What isn't is that no-one takes a blind bit of notice. I bought such an engine new in St Lucia five years ago when some scrote nicked the old one. It's spent most of the time since in the EU where it's not received a second glance.
You're right, of course, that any boat spares/equipment bought outside the EU VAT area should be declared on import and are subject to VAT and duty. Strictly speaking.
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GrahamM376
New member
I suspect it would depend on how long it had been owned and used but seem to remember wording along the lines of "first imported before (date)". Anyway, I'm not against bending the rules but the OP asked a question and it would be unfortunate if he got wrong advice and lost his hard earned cash.
prv
Well-known member
I don't think the "first imported before" part is relevant, that was about the original implementation of the new law a decade ago. The question is whether the RCD applies only to "new" imports (and how that is defined) or to any imports.
I just did a very brief search for the actual text but didn't find anything. However, I do know that RCD compliance (for other areas like watertightness, wiring, etc) does come up when people import second-hand boats from places such as the US. To me that implies that the RCD applies to all imports, not just "new".
Pete
GrahamM376
New member
Have a look at Page 21 of this document - http://www.europeanboatingindustry.eu/boatingdownloadables/EUGUIDE_pdf_version.pdf
The private importer is a concept that did not exist under the previous Directive and that was added to ensure that private
individuals importing a boat, a personal watercraft, an engine or any other product covered by the Directive are granted
the same level of protection and obligation as commercial importers. The private importer is defined as any natural or legal
person established in the European Union who imports in the course of a non-commercial activity a product from a third
country into the EU with the intention of putting it into service for his own use.
A private importer, who imports a product for his own use in European waters, must also ensure the craft, engine or components are compliant with the EU Directive
