Chris_Robb
Well-known member
We now have evidence that Customs are not acknowledging the EU 27 Vat status of UK Vat Paid yachts. Leros seem to be out on a limb on this one.
We now have the necessary evidence of their Breach of the Customs Union Code to take formal action via the Commission.
I decided to revisit the advice given by the EU commission and wrote a further very specific query.
The response was unequivocal. I have cut and pasted it below.
Dear Sir/Madam,
Please find below the reply to your enquiry. Please note that the advice given by Your Europe Advice is an independent advice and cannot be considered to be the opinion of the European Commission, of any other EU institution or its staff nor will this advice be binding upon the European Commission, any other EU or national institution.
Dear Sir,
Unfortunately, our service, Your Europe Advice , does have access to the advice you have received on 3rd August 2020. To the extent that you still have questions in relation to our advice below, we suggest that you contact us again and include a copy of the email response you received in the text of your enquiry.
As regards the tax status of UK flagged recreational vessels that were located in the EU27 before the end of the transitional period (31/12/2020), they should indeed be allowed free movement within the EU as long as they can prove their location before the end of last year and that VAT was paid.
In particular, pursuant to Articles 41, 47 and 48 of the Withdrawal Agreement, the Union Customs Code will continue to apply to goods that were in free circulation in the EU prior to the end of the transition period. Moreover, pursuant to Article 51 of the Withdrawal Agreement the EU VAT Directive will continue to apply for five years after the end of the transition period with regard to the a taxable person's rights and obligations in relation to transactions with a cross-border element between the United Kingdom and a Member State that took place before the end of the transition period.
Moreover the European Commission has confirmed that if, on 1 January 2021, your boat was located in an EU port or sails in EU territorial waters, it keeps its Union status. (See q.49 of the BREXIT: END OF TRANSITION PERIOD FAQs ON TAX AND CUSTOMS
https://ec.europa.eu/taxation_customs/sites/taxation/files/2021-brexit-t...).
If the Greek authorities are refusing the treat UK flagged vessels located in Greece before the end of the Transition Period as having Union status for tax and VAT purposes then we suggest that you make a formal complaint to the European Commission.
You can find more information on how to make a complaint and the online complaint form at:
https://ec.europa.eu/info/about-european-commission/contact/problems-and...
We remain at your disposal for any further questions you may have on your rights in the EU.
The British Embassy in Athens is now also on the case - they have been in the loop now for some months and now a person has been tasked to sort it.
I urge you all to spread this around and advise other owners ONLY to accept an Unlimited Transit Log. In addition, there have been rumours that a certain customs agent has been peddling the idea that UK Yachts can get round the problem by reflaging as Polish - for a cost of course.
We will get this right - there has been more "Avrio" in this case than I have ever experienced before.
We now have the necessary evidence of their Breach of the Customs Union Code to take formal action via the Commission.
I decided to revisit the advice given by the EU commission and wrote a further very specific query.
The response was unequivocal. I have cut and pasted it below.
Dear Sir/Madam,
Please find below the reply to your enquiry. Please note that the advice given by Your Europe Advice is an independent advice and cannot be considered to be the opinion of the European Commission, of any other EU institution or its staff nor will this advice be binding upon the European Commission, any other EU or national institution.
Dear Sir,
Unfortunately, our service, Your Europe Advice , does have access to the advice you have received on 3rd August 2020. To the extent that you still have questions in relation to our advice below, we suggest that you contact us again and include a copy of the email response you received in the text of your enquiry.
As regards the tax status of UK flagged recreational vessels that were located in the EU27 before the end of the transitional period (31/12/2020), they should indeed be allowed free movement within the EU as long as they can prove their location before the end of last year and that VAT was paid.
In particular, pursuant to Articles 41, 47 and 48 of the Withdrawal Agreement, the Union Customs Code will continue to apply to goods that were in free circulation in the EU prior to the end of the transition period. Moreover, pursuant to Article 51 of the Withdrawal Agreement the EU VAT Directive will continue to apply for five years after the end of the transition period with regard to the a taxable person's rights and obligations in relation to transactions with a cross-border element between the United Kingdom and a Member State that took place before the end of the transition period.
Moreover the European Commission has confirmed that if, on 1 January 2021, your boat was located in an EU port or sails in EU territorial waters, it keeps its Union status. (See q.49 of the BREXIT: END OF TRANSITION PERIOD FAQs ON TAX AND CUSTOMS
https://ec.europa.eu/taxation_customs/sites/taxation/files/2021-brexit-t...).
If the Greek authorities are refusing the treat UK flagged vessels located in Greece before the end of the Transition Period as having Union status for tax and VAT purposes then we suggest that you make a formal complaint to the European Commission.
You can find more information on how to make a complaint and the online complaint form at:
https://ec.europa.eu/info/about-european-commission/contact/problems-and...
We remain at your disposal for any further questions you may have on your rights in the EU.
The British Embassy in Athens is now also on the case - they have been in the loop now for some months and now a person has been tasked to sort it.
I urge you all to spread this around and advise other owners ONLY to accept an Unlimited Transit Log. In addition, there have been rumours that a certain customs agent has been peddling the idea that UK Yachts can get round the problem by reflaging as Polish - for a cost of course.
We will get this right - there has been more "Avrio" in this case than I have ever experienced before.
I very well know how the Greek work and even when it sorted I bet a pound to a penny there still be some officials that will say other wise for some time to come .