Help please!

[Sailing newbie]

My Sailing boat is UK registered but docks in Spain. We would like to spend more than 90 days sailing in Spanish waters. What are my options?
Is sailing to France an option? What do i need? Can anyone that's done this help please.
Thanks!

 

[Sticky Fingers]

Port of registry is not relevant. What is important is your own residential status, ie where do you live?

 

[dk]

Your UK registered boat can stay in the EU for 18 months before it becomes liable to VAT. Taking your boat out of the EU for a while before returning will reset the clock. If you are a UK resident then you personally can only remain in the EU for 90 days in any 180 day period.

 

[Tranona]

My Sailing boat is UK registered but docks in Spain. We would like to spend more than 90 days sailing in Spanish waters. What are my options?
Is sailing to France an option? What do i need? Can anyone that's done this help please.
Thanks!

Welcome.

Not enough information. Flag of registry is irrelevant.

For your boat it is its VAT status that is important. EU VAT paid then no restrictions. UK VAT paid then 18 months at a time. Note though that a boat where VAT was originally paid in the UK could acquire EU VAT status if it was in the EU on 31/12/2020 when the UK left the EU.

For you your movements depend on your residence and/or citizenship. If you are an EU citizen, no restrictions. If you are a non EU citizen you are subject to the Schengen rules of 90/180days in the whole of the EU. However if you are a non EU citizen with residence rights in one of the member states you will have no restrictions in that state. Some states also offer extended stay visas but only France currently offers this for tourists.

 

[Baggywrinkle]

One of the best summaries I've found was written by Montanan on the cruisers forum ... Cruisers & Sailing Forums - View Profile: Montanan

Re: Getting Gear into France

---

Reference: Temporary Admission VAT and customs waiver.

http://https://ec.europa.eu/taxation...e_en#heading_0



Eu Rule for Private Boats

https://ec.europa.eu/taxation_custom...ats-faq_en.pdf

Noonsite discussion: https://www.noonsite.com/cruising-re...uropean-union/



2) TEMPORARY IMPORT OF PRIVATE NON-EU VESSELS FOR USE IN THE EU

EU VAT/Import Duty:

Some Frequently Asked Questions about the temporary importation of private non-EU vessels for use in the European Union.

What are the basics?

Non-EU vessels which are intended for re-export may be temporarily brought into and used for private purposes in the EU, or more strictly in the “Customs territory of the Community”, (which includes our territorial waters), without Customs duties or Value Added Tax (VAT) needing to be paid. But this can only be done by persons who are not EU residents – in official terms – by people who are “established outside that territory”. This facility is thus NOT available to EU residents whatever their nationality.

The boats concerned have to be placed under the “temporary importation procedure” (TI) with Customs and the period of use in the EU is limited in time. When the time is up the boat has to leave, in official jargon, this period is called “the period of discharge”. The re-exportation of the goods from the Customs territory of the Community is the usual way of ending or “discharging” a temporary importation procedure. If the boat does not leave before the end of that time, then Customs duty and VAT become due.

A boat is temporarily imported into the EU and not into one of the constituent Member States. Thus it can move from one Member State to another with no further Customs formalities during the 18 month period allowed.

It needs to be emphasized that the 18 month TI period only applies to privately own, non-EU yachts and sailed by non-EU owners or skippers. If an EU owner or skipper sails a non-EU registered the boat, then there is now, in practice, no period of TI.

How can a yacht be placed under TI?

Just crossing the frontier of the Customs territory of the Community is in general sufficient. But, you may be required to use a route specified by Customs and they may require you to make an oral or written Customs declaration. It is possible they may require the provision of some kind of security or guarantee to cover the payment of the Customs duties and VAT that become due if the boat does not leave the EU.

How long can the yacht stay in the EU?

Normally, you can use the vessel in the EU for 18 months. In technical terms, the period for discharge for privately used means of sea and inland waterway transport is 18 months. This is laid down in the provisions of the EU Customs Code. If the boat is “laid up” (“put in bond”) for a time the possibility exists for not counting the period of non-use (see below).

However, the total time a yacht can remain in the EU is a maximum of 24 months. The amount of paperwork required to place a boat in Customs bond and the restrictions they place on it varies from country to country.

Technically you cannot make use of the boat while it is in bond (i.e. sleep on board) and that you can only visit it to maintain it not to make improvements. That said, whether these rules are actually applied, again varies from country to country.

Yachts registered in Norway, Iceland or Liechtenstein and sailed by non-EU citizens are permitted a period of 6 months sailing and up to 6 months laid up in any 1 year.

Update January 2016 – Re Greece!

Greece has now repealed the law that previously stated that the transit logs issued to non-EU boats were not extendable from 6 months to the normal EU limit of 18 months. So it now conforms to the EU TI rules.

Can I sail in the EU for the Whole 18 months?

The short answer is ‘no’.

Although the yacht itself can remain in the EU for 18 months, the skipper is bound by the Schengen visa regulations (whether or not they actually need to apply for a visa) and must leave the Schengen Area after 90 days. See the Schengen Area section for a full explanation of the rules. However, a different non-EU skipper (with the owner’s permission) could take over.

Can the 18 months be extended if the yacht is not used? You may want to go home for Christmas!

Yes, as noted above, the eighteen month period may be extended for the time during which the yacht is not used. The EU Customs Code allows for this. However, the maximum overall period during which the yacht can remain in the EU is 24 months.

What Other Restrictions Are There?

Yachts may be temporarily imported for private use only. Under temporary importation, a yacht may not be hired, sold or lent to a resident of the EU. Immediate relatives of the owner may use the boat if they are resident outside of the EU. The boat may be used occasionally by an EU resident, when acting on behalf of the owner and when the owner is himself/herself in the EU.

The VAT relief also applies to the importation of spare parts and accessories to effect repairs or maintenance. This relief only applies to yachts registered outside the EU and owned by a non-EU resident. If you are shipping many items from outside the EU, it is advisable to use the services of an import agent who can deal with all the paperwork and duty calculations on your behalf.

Does the 18 month Rule apply to All Non-EU Registered Boats?

Not if the owner is resident in the EU.

Can you have another period of Temporary Importation? How long must you wait?

Yes, you are not limited to a single period of temporary import. You can sail the yacht out of the EU and when you came back again a new period of temporary importation can begin. The Customs rules do not provide for a “minimum period” during which the goods must remain outside of the Customs territory of the EU.

Whilst it is not required to proceed to a customs office in order to make a declaration of entry, it is perhaps wise to obtain documentary evidence that time has been spent outside the EU. Leaving for a very short time and returning to the same country may be regarded as an abuse of this regulation and is best avoided.

 

[Sailing newbie]

Welcome.

Not enough information. Flag of registry is irrelevant.

For your boat it is its VAT status that is important. EU VAT paid then no restrictions. UK VAT paid then 18 months at a time. Note though that a boat where VAT was originally paid in the UK could acquire EU VAT status if it was in the EU on 31/12/2020 when the UK left the EU.

For you your movements depend on your residence and/or citizenship. If you are an EU citizen, no restrictions. If you are a non EU citizen you are subject to the Schengen rules of 90/180days in the whole of the EU. However if you are a non EU citizen with residence rights in one of the member states you will have no restrictions in that state. Some states also offer extended stay visas but only France currently offers this for tourists.

Hi Thank you for coming back to me. I am a UK resident and the boat was in Spain pre Brexit so i believe we are excluded from the 18 month rule.
So would we be able to do 3 months in France and then the other 3 months in Spain or would we need to apply for the extended Visa from France?
Sorry for all the questions the rules seem very complicated and would like to be able to do 6 months in the summer.

 

[Sailing newbie]

Port of registry is not relevant. What is important is your own residential status, ie where do you live?

Live in the UK - Boat has been in spain pre brexit so excluded from the 18 month rule. However we would like to do 6 months sailing in the summer so looking for a way around 90/180. Do you have any ideas? Thanks for replying

 

[Pete7]

Live in the UK - Boat has been in spain pre brexit so excluded from the 18 month rule. However we would like to do 6 months sailing in the summer so looking for a way around 90/180. Do you have any ideas? Thanks for replying

You need to investigate tourist visas which extend beyond the 90 days rule. However, if you are granted a French one, its only valid in France, not the whole EU. France and Portugal are likely options.

12 month visa for Portugal

 

[Tranona]

Hi Thank you for coming back to me. I am a UK resident and the boat was in Spain pre Brexit so i believe we are excluded from the 18 month rule.
So would we be able to do 3 months in France and then the other 3 months in Spain or would we need to apply for the extended Visa from France?
Sorry for all the questions the rules seem very complicated and would like to be able to do 6 months in the summer.

As I said, the 90/180 is for the whole of the EU.

The 6 month French tourist visa is independent of Schengen, but is not easy to get for a cruising yacht as it is intended for "conventional" tourist who are self supporting and staying in shore based accommodation such as hotels or gites. You must start and finish your visit from outside the EU. (see post#5)

The reality is that as a UK resident you have to live within the Schengen travel restrictions for UK citizens (and other third countries) although at the margins you can get more than 90 days with your boat IF you leave the EU checking out and re-entering. Easier in some parts of the EU where there is a non EU state close by (Greece and Turkey for example) but not so good from Spain.

 

[bobgarrett]

You might be interested in a web seminar from the Cruising Association on the French long term visa and how it might be used to extend your time in the EU. Note it is only valid for France and there are "complexities" to be managed if using it for time in France plus more time elsewhere.
Applying for a VLS-T (Long Stay Temporary Visa for France) - Web Seminar | CA

 

[dunedin]

As I said, the 90/180 is for the whole of the EU.

To be fully accurate the 90/180 rule applies to the Schengen area, not the whole EU. Not a major issue for the OP, but some others have been confused by this.
People heading East from the UK need to be aware that Norway is in Schengen, though not the EU (as is Switzerland) - conversely heading West to Ireland it is in the Eu but not Schengen.

 

[Tranona]

To be fully accurate the 90/180 rule applies to the Schengen area, not the whole EU. Not a major issue for the OP, but some others have been confused by this.
People heading East from the UK need to be aware that Norway is in Schengen, though not the EU (as is Switzerland) - conversely heading West to Ireland it is in the Eu but not Schengen.

You are of course correct.

 

[dolabriform]

There was a YouTube Video floating around about registering as Ships Crew on your own boat. This then entitles you to get a round the 90/180 rule as long as you don't sleep ashore.

Edit: here's the video

 

[st599]

There was a YouTube Video floating around about registering as Ships Crew on your own boat. This then entitles you to get a round the 90/180 rule as long as you don't sleep ashore.

Edit: here's the video

Wasn't this discussed here before? Pretty sure that the treaty they're relying on has the words not for recreational vessels or similar.

 

[dolabriform]

Wasn't this discussed here before? Pretty sure that the treaty they're relying on has the words not for recreational vessels or similar.

Unfortunately I missed that discussion. I must admit to being dubious about such a loophole existing, but it would be wonderful if it did.

 

[Bouba]

Live in the UK - Boat has been in spain pre brexit so excluded from the 18 month rule. However we would like to do 6 months sailing in the summer so looking for a way around 90/180. Do you have any ideas? Thanks for replying

It’s not enough to just say that your boat was in the EU during Brexit day...you have to prove it...such as paperwork from the marina

 

[Sailing newbie]

Unfortunately I missed that discussion. I must admit to being dubious about such a loophole existing, but it would be wonderful if it did.

Yea there doesn't seem to be one unfortunately. Such a shame!

 

[Graham376]

Are you following discussion on Liveaboard? - 12 month visa for Portugal