Importing a boat from Europe, Trading Standards Response

obmij

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Reading the whole thread, it seems to me that the regulations Tranona refers to are intended for businesses selling boats in the UK that were manufactured outside the UK. The common sense position seems to be confirmed by Trading Standards that second hand boats imported by an individual for their own use do not need any new certification provided that identical models were built to the correct standard at the time of construction within the EU before Brexit. If the boat predates CE marking, then it it does not need certification provided it met the requirements at the time of construction. If this situation is correct then buying a boat in the EU and bringing it to the UK will be fine but VAT will still have to be paid on import. By comparison a boat manufactured in say the USA and never sold in the UK, would be built to a different standard. That is why so few US boats were ever imported to the UK as they had to have some modification to comply to the UK standards at the time. That is why importing a US boat to the UK/EU has always been so difficult.
I would say that this is a reasonable & fair summary. Irrespective of what the legislation states, it was never intended to apply to this situation.

This thread reminds me of a recent colregs thread where the application of rule 9 between small vessels was argued to absurdity, when the intention of the rule was to address something else entirely.
 

ylop

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I would say that this is a reasonable & fair summary. Irrespective of what the legislation states, it was never intended to apply to this situation.
Depends what you mean by never intended to apply to “this situation”, it was originally legislation that actually supported/enabled “free” trade in Europe. Its intention WAS to stop boats from ourside that market being imported whilst local producers were jumping through hoops. The issue is they redefined the market without much thought but we don’t know if it was intended or not. It may have been a negotiating point that if we are no longer allowed to flog our old boats in your market, you can no longer flog yours in ours.
 

Tranona

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I would say that this is a reasonable & fair summary. Irrespective of what the legislation states, it was never intended to apply to this situation.
No it is not. It might seem logical and sensible, but the law says differently. It is a deliberate act to require all imports to meet current standards. That is exactly what the EU did when it set up its standards effective in 1998. Anything coming in from outside the ne regulatory area required certification to the current standard. The 2021 UK regulatory regime does exactly the same.
 

ylop

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It is absolutely pointless you continuing to add things to the legislation just because it suits your argument. Nobody believes you.
Unfortunately some people do seem to believe him. No idea if they believe him because they think he’s actually right or because they don’t like to think their new found sovereignty could actually have made things worse.
Reading the whole thread, it seems to me that the regulations Tranona refers to are intended for businesses selling boats in the UK that were manufactured outside the UK.
It would take only a cursory reading of the contents page to see they apply to boats made in the U.K., boats made overseas and imported into the U.K. (eg by a dealer) and to boats imported by individuals for their own use.
The common sense position seems to be confirmed by Trading Standards that second hand boats imported by an individual for their own use do not need any new certification provided that identical models were built to the correct standard at the time of construction within the EU before Brexit.
That’s never been in dispute - but the issue is the throw away words “correct standard” means the RCD2013.
If the boat predates CE marking, then it it does not need certification provided it met the requirements at the time of construction.
That (and boats which were built to the RCD1994 are the nub of the problem. There was no harmonised standard pre RCD1994. It’s quite clear in the legislation that any import has to meet the RCD2013. End of story. The trading standard letter doesn’t contradict this “applicable standard”. It suits some people to misinterpret those words. Good luck to them.
If this situation is correct then buying a boat in the EU and bringing it to the UK will be fine but VAT will still have to be paid on import. By comparison a boat manufactured in say the USA and never sold in the UK, would be built to a different standard. That is why so few US boats were ever imported to the UK as they had to have some modification to comply to the UK standards at the time. That is why importing a US boat to the UK/EU has always been so difficult.
by that logic since in the pre 1998 world when there were no CE marks required on boats, pre 98 American boats would be fine to import and we all know that is not the case.
 

ylop

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I wonder if it would help those who are struggling with this to think in terms of outboard engines rather than boats? The RCD (and UK RCR) cover components like engines too and it is this which spelled “the end” for old tech two strokes because they can’t meet the emissions regs.

We all know I can legally:
- buy a modern engine that meets emissions and noise requirements from the U.K. or EU - usually a 4 stroke.
- buy a used engine that meets emissions and noise requirements from the U.K. or EU - usually a 4 stroke.
- buy a used engine that doesn’t meet the latest emissions and noise requirements provided it is already in the U.K.

But I think we all know (even if we don’t agree with it) that I* cannot:
- legally import an old tech two stroke from outside the UK regardless of new/used.
- even if that model/design of engine was previously available in the U.K.

Of course we also know that some people do and TS probably are somewhere between not caring, not being aware and not understanding. Of course if they get a complaint (eg from someeone who doesn’t like the noise / smell / fact they didn’t get to dodge the rules themself / didn’t manage to sell you a four stroke / someone you annoyed on the internet), then they may feel compelled to follow it up. The legislation requires them to prevent its use - is does not officially grant them discretion.

(*as a private recreational sailor)
 

Concerto

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No it is not. It might seem logical and sensible, but the law says differently. It is a deliberate act to require all imports to meet current standards. That is exactly what the EU did when it set up its standards effective in 1998. Anything coming in from outside the ne regulatory area required certification to the current standard. The 2021 UK regulatory regime does exactly the same.
Unfortunately the legislators drafted a badly written law that at the time was not given sufficient time to ensure every eventuality would be covered. Most new laws have someone or group leading the drafting, usually with some purpose that gives them preference over competitors. I am happy to provide more examples whilst we were in the EU - the most notable was not allowing bent bananas. It has been quoted it was due to the EU but reality was the UK government was protecting Commonwealth Carribean producers from South American producers whose bananas were highly curved.

Personally I feel that secondhand boats should be allowed to freely be traded between the EU and UK. Provided proof that VAT was originally paid then VAT should not be charged again. This is more problamatic as there is no central register by the EU or at national level that records VAT has been paid. The idea that a British built boat that was first bought in the UK and was UK VAT paid was later moved within the EU before Brexit and now a UK customer wants to buy it to return to the UK. They face not only VAT but compliance to regulations that were not in place when it was built is surely not the intention of the current law. Perhaps we should all put pressure on the government to alter the law to what seems common sense and was most likely omitted by the drafters as they did not fully understand the workings on the sale of secondhand boats in Europe before and after Brexit.
 

ylop

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Sad, you just can't leave it alone can you?
he went out of his way to lie about me - he must have some agenda, I have no idea what. He is like a flat earth conspiracy theorist - show him the facts and he’ll quote back only the small section that suits the argument he is trying to win ignoring everything else. A “trusted source” comes along and says what others have been saying and he gaslights their response by adding meaning that was not there when he paraphrases it to suit his agenda, rather than simply quote the source and let people interpret it. He started a new thread… failing to respond to that would be allowing his misinformation to spread. But I’m not sure what your contribution was meant to bring?
 

westernman

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Unfortunately the legislators drafted a badly written law that at the time was not given sufficient time to ensure every eventuality would be covered. Most new laws have someone or group leading the drafting, usually with some purpose that gives them preference over competitors. I am happy to provide more examples whilst we were in the EU - the most notable was not allowing bent bananas. It has been quoted it was due to the EU but reality was the UK government was protecting Commonwealth Carribean producers from South American producers whose bananas were highly curved.

Personally I feel that secondhand boats should be allowed to freely be traded between the EU and UK. Provided proof that VAT was originally paid then VAT should not be charged again. This is more problamatic as there is no central register by the EU or at national level that records VAT has been paid. The idea that a British built boat that was first bought in the UK and was UK VAT paid was later moved within the EU before Brexit and now a UK customer wants to buy it to return to the UK. They face not only VAT but compliance to regulations that were not in place when it was built is surely not the intention of the current law. Perhaps we should all put pressure on the government to alter the law to what seems common sense and was most likely omitted by the drafters as they did not fully understand the workings on the sale of secondhand boats in Europe before and after Brexit.

1) Why do you think that secondhand boats should be freely trade between the EU and UK? Why not other countries as well. E.g. USA?. That was never the intent of the law. The UK decided to treat the EU in the same way as the USA and other countries. You (and many other individuals) might not like that, but UK boat manufacturers probably do as it reduces the quantity of imported boats they have to compete against.

2) There is no central register of VAT because it is a transaction tax. It always worked that way. Boats, cars etc are no exception. In the EU, boats can be freely traded between private individuals.

3) You import something from outside, you pay import duties (currently 0% for boats but that was not always the case) and VAT.
The EU is outside now.

4) The rules were always "current standards" for boats and for outboard motors, engines etc etc.It was the intention of the original EU law which has now essentially been copy pasted into UK law. Why do you think there is a case for changing that?
There isn't. So it wasn't.
 
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billskip

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But I’m not sure what your contribution was meant to bring?
The same as your contribution, nothing.
Your contribution is your interpretation and belief of the "rules " why should anyone believe you?
Why don't you get a simple easy to read and understand confirmation from the department concerned and post it up?
Lawyers make good living arguing the interpretations of law.
 

ylop

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The same as your contribution, nothing.
No I was making clear the “alternative” (I would say correct) interpretation of the rules and highlighting that Nevis is not a lone warrior here but seems to have a following of people who would also like his version of reality to be right. You on the other hand seem to be telling me I shouldn’t post.
Your contribution is your interpretation and belief of the "rules " why should anyone believe you?
The law is there for anyone who wants to read it to do so.
Why don't you get a simple easy to read and understand confirmation from the department concerned and post it up?
The government department responsible provide a guide which does exactly that. Nevis even went and asked Trading Standards - and there answer (albeit to a question we haven’t actually seen) is consistent with both the legislation and the guidance.
Lawyers make good living arguing the interpretations of law.
I’m not trying to import a boat or encouraging others to do so. Anyone doing so should be sure they understand the rules and the risks if the break those rules (POTENTIAL perhaps small but non zero risk of vessel impounded, insurer finding an excuse not to pay, prosecution being unlikely although not impossible if they believe you were intentionally doing it).
 

benjenbav

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Up this thread I postulated that it might be the case that enforcement authority might chose to read that because the private importer’s duty is to comply only where the manufacturer hadn’t, there was an opportunity to argue that a manufacturer’s compliance could be tested against the version of RCR in force when the boat was launched onto a market within the scope of the RCR in force at that time, rather than the current version (RCR 2017).

Various arguments against this construction have been advanced, but none that is, so to speak, the silver bullet that finishes it off - albeit that ylop did refer to the issue having been settled in one of the other threads on this topic - Forgive me, I haven’t trawled back through all of same.

But, this silver bullet is actually quite accessible in 2017 RCR.

RCR 2017

It’s this:

Reg 8 states that a manufacturer must comply with the essential requirements. These are defined in Reg 6 as being the requirements set out in Schedule 1 of the 2017 RCR. That is to say, the current requirements.

Why the legislation was framed like this, who knows. Government didn’t think about the plight of folk wanting to buy oldish boats from abroad? Government wanted these folk to have to buy new boats to support manufacture? Government wanted to put smoky old junkers beyond temptation?

The attitude enforcement takes is a different matter again. I can see the enthusiasm anyone is going to have towards establishing a bureaucracy in order to deal with the import of a handful of items that really make no difference to anything at all at a macro level.
 

westernman

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No I was making clear the “alternative” (I would say correct) interpretation of the rules and highlighting that Nevis is not a lone warrior here but seems to have a following of people who would also like his version of reality to be right. You on the other hand seem to be telling me I shouldn’t post.
Indeed that is the case.
But those people are not UK manufacturers, or any one with any influence to lobby the law makers.
 

ylop

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But, this silver bullet is actually quite accessible in 2017 RCR.

RCR 2017

It’s this:

Reg 8 states that a manufacturer must comply with the essential requirements. These are defined in Reg 6 as being the requirements set out in Schedule 1 of the 2017 RCR. That is to say, the current requirements.
Correct
Why the legislation was framed like this, who knows. Government didn’t think about the plight of folk wanting to buy oldish boats from abroad? Government wanted these folk to have to buy new boats to support manufacture? Government wanted to put smoky old junkers beyond temptation?
What you have to remember is the U.K. gov in 2017 just turned the the EU directive into U.K. law. That was fine there wasn’t really a supply/demand issue in the EU and boats could freely move anywhere inside the EU without triggering the Import rules - so it was keeping outside EU boats out, either for safety/environmental/economic/political reasons. The same thing had happened in 1998 with the original RCD.

The issue here comes from the “search and replace” of “EU market” with “GB market”. Perhaps rushed, perhaps political, perhaps a belief they were doing what people wanted. i believe the same issue will apply in reverse so a British built 2005 Swallow, Drascombe, Crabber etc would have similar considerations going into EU; and as many of those countries actually love a bit of paperwork and rubber stamps you might actually have some enforcement interest.
 

Tranona

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Correct

What you have to remember is the U.K. gov in 2017 just turned the the EU directive into U.K. law. That was fine there wasn’t really a supply/demand issue in the EU and boats could freely move anywhere inside the EU without triggering the Import rules - so it was keeping outside EU boats out, either for safety/environmental/economic/political reasons. The same thing had happened in 1998 with the original RCD.

The issue here comes from the “search and replace” of “EU market” with “GB market”. Perhaps rushed, perhaps political, perhaps a belief they were doing what people wanted. i believe the same issue will apply in reverse so a British built 2005 Swallow, Drascombe, Crabber etc would have similar considerations going into EU; and as many of those countries actually love a bit of paperwork and rubber stamps you might actually have some enforcement interest.
I am not sure it happens in reverse, partly because there have been reports here of people successfully buying boats here (from memory one was a Contessa 26) and importing into the EU (Holland in this case) and partly because I think the original RCD rules from 1998 are still in place. I have already raised this point - the original exemptions were for any boat built in the EEA/EU or any boat in the EU/EEA on the qualifying date. The first category is the one that some would like to be in the UK rules, but that is illogical because the UK is no longer in the EU/EEA so why should boats built under a different regulatory regime be exempt? If there was a need for an exemption then surely it would be for earlier boats built in the UK?

Whenever there is a regulatory change new anomalies arise. If they really do cause hardship then there is a mechanism for change. The perfect example of this is the change to the VAT RGR rules specifically for boats. This came about because it really did create potential hardship for a significant number of people. It would be very difficult to make a case that there is any hardship or injustice in not being able to import an old boat when there is a more than adequate supply in the UK already.
 
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