Could this be a way to nail the dreaded matriculation problems

[Hurricane]

About six months ago, I set up a dedicated internet forum for berth holders at the new Sant Carles marina in Spain.
It has turned out to be really popular with the English speaking marina comunity and is helping us all keep our ideas together by providing a focal point for discussions about the marina and the local amenities.

One of our members has posted this morning details of an interesting free organisation that helps resolve inter country missunderstandings about European law. it is called SOLVIT and their web address is http://ec.europa.eu/solvit/site/about/index_en.htm . Now, I know that we have some really knowledgeable professionals that read and contribute to this forum but SOLVIT seems to me to be a possible saviour to the Spanish matriculation dragon.

Up until now, I was under the impression that the Spanish were operating legally and that they had been challenged (unsucceffully) under European Law. But it seems from SOLVIT that this may not be the case. Have a look at their web site and their success stories - here - http://ec.europa.eu/solvit/site/success/index_en.htm - you may have to click the "more" link at the bottom to get the info I'm talking about.

For those of you with charter companies facing matriculation (Deleted User for example), have a look at this story

SOLVIT lets tourists charter German yachts in Italy

A German enterprise charters four yachts under German flag to tourists in Italy. The business-owner was fined for not having registered its commercial yachts with local port authorities according to recent Italian regulations. Five months later, after repeatedly trying to obtain registration, the business-owner was told that registration would only be possible if the business was established in Italy. SOLVIT Italy stepped in to clarify that this condition was not in line with EU law and that the authorities should accept the registration in the German Chamber of Commerce. All four yachts were registered and charter licences were issued. Solved within 9 weeks.

Before you say - "thats Italy" - have a look at this one

Portuguese fishing boat captain can now work in Spain

A Portuguese fisherman, living near the border with Spain, held a certificate allowing him to pilot certain types of fishing boats. However, in order to work for a Spanish fishing company, the fisherman needed to have his certificate recognised by the Spanish. Some 6 months after having asked for the recognition of this certificate, the fisherman still had no response, and had had to refuse various job offers in Spain. It took SOLVIT just less than two months to sort out the problem and the captain can now take up work on Spanish fishing boats. Solution found within two months

And for thos "Liveaboads" - this might be helpful

Flying the French flag in Portuguese waters

The French owner of a sailing yacht registered in France was asked by the Portuguese authorities in Porto de Sines to register his boat in Portugal because he had stayed in Portuguese ports for longer than six months. The yacht owner wanted to keep the French flag and turned to SOLVIT for help. SOLVIT Portugal contacted the maritime port authority to clarify the situation. It appeared that the six month limitation was not applicable to EU registered boats. This was explained to the local port authorities so that the French sailor could keep his flag. Solved within 12 days

Now the important thing here as far as I see it is that you cant be made to register your boat in Spain and it is against EU trading law to stop European companies trading across Europe.

But what do I know???

From my own point of view, it makes us privately owned boat owners even more removed from the problems.

 

[Tranona]

This has come up before, but not sure it is applicable. SOLVIT looks at cases where there are restrictions in trade and movement of EU citizens. The Spanish tax is different because it applies to Spanish as well as new "residents". Although it has a similar effect to the Portuguese example, it is for different reasons. The "tax" seems to be legal if it is applied in the way most people accept it. The requirement to register a now Spanish boat is exactly the same as a car that is imported. It is logical in a country where registration is compulsory. I think (but don't know for certain) that in other countries where registration is compulsory there is not this tax issue.

 

[Deleted User YDKXO]

Thanks for that Hurricane and I will certainly submit my case for their consideration but on Solvit's website it clearly states

"SOLVIT only deals with problems that are due to bad application of EU law by public authorities within the EU member states"

The laws relating to matriculation tax are local Spanish laws rather than EU law so maybe Solvit won't be interested?

 

[Hurricane]

Mike

It would be interesting to hear if they are prepared to take your case on.