CE/RCD Question

[Bejasus]

I know this has been brought up before, but I have been in touch with Siltala Yachts, who inform me that no Nauticat 33's in 1986 were built with CE compliance, basically as Finland didn't join the EEC until 1995. So, do all these craft not have to comply, as there are quite a few in the UK and the rest of Europe.
The reason for asking, is that I am looking at one of these which is currently in the USA but was originally delivered to Canada in May 1986. Now SWMBO would like to put the boat in the Med for a few years, before probably taking it back across the pond.

 

[Deleted member 478]

IMHO it will only matter if you try sell the boat in European waters.

 

[Guest]

Post deleted by danfoley

 

[Bejasus]

Thanks Brian, I guess it will not comply then, as it was delivered to Canada straight from the builders in Finland.

 

[npf1]

it will comply if it went to any EC port on it's way from Finland to Canada. Plus may be worth investigating the grey area of what applies to boats from a country that later joined the EU. For VAT purposes, boats from countries that later joined the EU did not have to pay to get VAt status, so the same may apply to RCD.

 

[Bejasus]

from the website.

'If you can prove that a second-hand yacht from a third country has been in service, or has been sold in any of the regions listed below, before 16th June 1998 you are in a position to claim exemption from the requirements of the RCD.'

I don't think that being shipped in transit would qualify in this case.

 

[HBL]

Hello.

If a boat was built in a EU country it will be OK.
It does not matter when that country entered EU, once there in the Union all there boats are OK.
If you think about it, it will make sence. Otherwise only some of that countrys boats would be okey in EU.

We in Sweden also entered in 1995 and if it would matter when we joined the Union, then most of are boats would not comply.

Buy your boat and bring it back to EU, there will not be any problem since it was built in Finland and they are now members of the Union


Greetings from a dark hell, a.k.a Stockholm in the winter.

Hans.

 

[HBL]

Hello again

The ONLY thing that is important here is where the boat was built.
Where it has or has not sailed is not important. Neither is the boats current location of any importance.



Cheers

Hans

 

[Bejasus]

Dark hell here too in Denmark

 

[Bejasus]

Thanks guys. Guess the best thing to do is contact the CE people and aske the question. I also understand that VAT may not be required also for similar reasons. Makes the boat look all the more attractive.
Need to figure out the best way to get it back now.

 

[HBL]

I am afraid that you will have to pay for VAT.
When a boat is sold outside the EU and reenter the union, you will have to pay VAT.
Therefore it is important to check around in different countries what there VAT are in %.
You will pay a % on the assesed value of the boat, wich of course will be different from country to country.
If you intend to sail the boat back yourself, then the Azores is supposed to be a good place to pay VAT in.
It does not matter where you pay your VAT as long as it is in the Union.

Cheers

Hans

 

[Bejasus]

Although you are probably correct, this would imply that every boat ever built in and sold from Finland prior to 1995 and is now in Europe, would have had to pay VAT since that date. That would surely be a lot of boats? I will however check this of course.
I have just found out that the boat has visited both the Turks and Caicos Islands and also Sint Maartens and these are both places where an exemption to the CE regs could apply. I have forwarded this information to the CEProof address fatipa gave me and now await their reply.

 

[kingfisher]

Nope, it is not the place of production that matters, it is where the vessel has been put into service, or placed on the market.

Boats are frequently made in EU countries according to US standards, and shipped overseas. These would then not comply to EU standards, and therefore be illegal in EU waters.

So it is not because it was made in Finland, that it is automatically excempt.

Sorry.

 

[jonjo]

[ QUOTE ]
CEProof will issue a Hull Identification number and a CE exemption certificate on payment of £95

[/ QUOTE ]

Err, I don't believe that CEProof Ltd is a branch of the government. Do you mean they will *obtain* certificates?

 

[HBL]

The only resaon that you would have to pay VAT is that you are buying TODAY in a country outside EU, regardless wheather the boat has payed any earlier VAT in Finland.
If the boat had payed the orignial VAT in Finland then the only way to not have to pay it again is if the present owner was to ship the boat to any EU country then you could buy it whitout paying any VAT, becuse then the sale was conducted in EU
I know this sounds stupid but no matter what the VAT status of any boat are when you buy a used boat outside EU and reenter you will have to pay VAT.

Cheers

Hans