Euro ensigns

[TonyMS]

Is it legal for a British yacht to fly a Euro ensign, ie a blue flag with a ring of stars and a union jack in the corner?

I suspect not. But wouldn't it be a good thing if it were? Partly for the few eccentrics like me who want to show EU support, but also for those who think it might deflect any hostility?

 

[peterb]

No, it isn't legal, under the Merchant Shipping Act 1995. You can check for yourself on www.hmso.gov.uk. And long may it remain illegal.

 

[jamesjermain]

Re: Not legal -

and not a good idea.

The ensign indicates the country in which the yacht is registered, and therefore whose laws she has to obey.

If it were deemed legal to fly the house flag of the EC, that would imply that the ship was bound by all the maritime laws of all the EC countries.

Good Grief!

I've fallen into a muck sweat just thinking about it.

 

[Guest]

It is illegal to deface the Union Jack in an unauthorised way, which is what you describe - it is in effect an unauthorised defaced blue ensign.

However, it is not illegal to fly the Euro flag itself as an ensign, without any Union Jack or other national flag incorporated.

Having said that, you have to wear a red ensign (or blue/white if you have a warrant) (a) when entering a foreign port; or (b) when challenged by HM ships.

 

[Guest]

Re: Not legal -

Errr... I guess you're joking about all the laws of the EC applying!

But just in case you're not: it won't affect which laws apply to you. British law will apply to you, especially if you're British registered/owned. EC law will of course apply to everyone who's a subject of an EC state. The laws of other EC states can apply insofar as you're visiting the country concerned eg. customs laws etc.

The flag you fly doesn't affect which law applies BUT for example it's a criminal offence under British law to fly a national flag other than the country where you're registered. Flying the EC flag isn't a problem since it's not a "national flag".

But defacing the blue ensign or the union jack as described is a criminal offence under British law.

 

[jamesjermain]

Re: Not legal -

A British registered ship is subject to British Maritime Law, not the maritime law of the country it is visiting, provided in stays in waters which (I can't remember the exact phrase) are directly accessible to the sea - ie below locks, low bridges, have sufficient depth for navigation etc.

British registered ships do not, therefore, have to abide by, for example, French regulations governing equipment and cruising range, nor regulations in some countries about qualifications and licensing, unless you go on to inland waters.

There are, of course, harbour and port control regulations which have to be obeyed, as well as criminal and civil law, while customs and excise is another matter again.

JJ

 

[Guest]

Re: Not legal -

Many rules of maritime law of the country that you are visiting will apply to you in any case. For example, a French yacht visiting British waters will be committing an offence under British maritime law if it flies a German flag. Likewise, if you as a British yacht visit Greece and fly a German flag, I should imagine that you would be committing an offence under Greek (as well as British) maritime law whether or not you were in their inland waters.

The whole area of conflict of law is a complex area, and you can't assume that the maritime law of the country that you are visiting does not apply to you. With regard to specific areas, such as mutual recognition of qualifications, the RCD directive etc., there are specific rules in national and EC legislation which regulates the interaction between national laws.

 

[Bergman]

I am not a lawyer (thank God) so I may be talking rubbish but isn't there some thing about the Red Ensign entitling the vessel wearing it to the protection of the Royal Navy.

Where would one turn if wearing that funny blue flag?

As an aside I remember once seeing a portrait of Napoleon. The buttons on his uniform jacket were identical to the EU flag.

Sinister or what?

 

[bob_tyler]

Just to remind the Scots, the Saltire is not an ensign and should not be hoisted aft. There is no rule or custom that prevents it being flown at the crosstrees (that I know of).

 

[billmacfarlane]

I was wondering how long it would take for someone to raise the subject of ensigns on the new Scuttlebutt. Wht would it be a good thing for somebody to be prosecuted for flying a different ensign ? What good would such an act do ?

 

[Mirelle]

Saltire at cross trees

If you want to fly the house flag of Jardine Matheson, which is what you will be doing if you fly a saltire in that position, you are welcome to do so.

Personally, having worked for Swires, I would not be seen dead under it.