AndyDavies
New member
A UK citizen doesn't need Irish residency to stay or work in Ireland, or anywhere else in the Common Travel Area, for as long as they wish, with or without a boat.
Keeping an EU Boat in Southern Ireland & visiting the UK
- Thread starter jonrarit
- Start date
[199490]
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But, for the purposes of this they need to be resident in Ireland and not the U.K. for tax purposes
AndyDavies
New member
I think not. The boat and the person are two separate entities. An EU VATed boat can remain in Ireland indefinitely, just as it once could have in the UK. The UK owner can remain in Ireland indefinitely with the only tax implication being on income earned in Ireland.
lustyd
Well-known member
AndyDavies
New member
No, before the great calamity all of the UK was considered as a single VAT area within the EU.[QUOTE="lustyd, post: 85]
lustyd
Well-known member
And after it’s divided into GB and NI for this purpose. Hence GB is the correct term.
[199490]
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You are missing the point here. He wants to be able to bring an EU boat into the U.K. not Ireland. He could do this without paying VAT if he was resident in Ireland for tax purposes
nevis768
Active member
There is an exemption the UK RCR until the end of 2024, and it is also refers to first time a product is taken into the country, so there is no requirement whatsoever to update it. The RYA advice on this on their website is ok, and it highlights the exemption, but it is very clear from the Act.
st599
Well-known member
Not sure that's correct based on the guidance note. The RCR statutory guidance note states:
A private importer is any natural or legal person (e.g. a company) established in the UK who imports in the course of a non-commercial activity a product from a country outside the UK with the intention of putting it into service for their own use.
The obligations of private importers include:
A private importer is any natural or legal person (e.g. a company) established in the UK who imports in the course of a non-commercial activity a product from a country outside the UK with the intention of putting it into service for their own use.
The obligations of private importers include:
- If a private importer imports a product that has not previously been placed on the GB market, where the manufacturer has not carried out the relevant conformity assessment procedure, the private importer will have to carry out a post construction assessment to demonstrate conformity with the Regulations, as set out in Schedule 5.
- The private importer must ensure before putting recreational craft into service that it has been designed and manufactured in accordance with the essential requirements.
- The private importer must ensure that the obligations for manufacturer covering technical documentation; declaration of conformity; relevant marking; instructions and safety information; provision of information and cooperation have been met or carried out.
- Where technical documentation is not available from the manufacturer, the private importer must have this drawn up using the appropriate expertise.
- The private importer must ensure that the name and postal address of the approved body that carried out the relevant conformity assessment procedure in relation to the product is marked on the craft.
Tranona
Well-known member
Of course post#28 is incorrect. However the poster seems to think that he knows better and everybody else is wrong. Maybe by posting it whenever he can he hopes that others wil eventually agree with him!
nevis768
Active member
I notice you don't quote from the Act and don't mention the fact that none of this applies until Dec 2024, obviously have some sort of interest in this, and you do keep posting misinformation.
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nevis768
Active member
Here is the what the Act actually says, it explains about Putting into service which is actually the nub of the whole thing.
[F18“private importer” means a person who—
(a)
is established in the United Kingdom; and
(b)
imports in the course of a non-commercial activity a watercraft from a country outside of the United Kingdom into the United Kingdom with the intention of putting it into service for the person's own use;]
“product” means a product to which these Regulations apply, in accordance with regulation 3;
“propulsion engine” means any spark or compression ignition internal combustion engine used directly or indirectly for propulsion purposes;
“putting into service” means the first use of a product in the [F19market of Great Britain] by its end-user and related expressions are to be construed accordingly;
to actually put into service for the purposes of the Act and actually do anything wrong, it would have to be shown that it was the first use of a product in the UK by it's end user. Note it doesn't say 'That product"
So, it is obviously about stopping the importation of untested watercraft, not somebody who buys a second hand Bavaria 350 in France and brings it here for his own use, because that is not the first use of such a product in the UK. In any case if you read the RYA legal advice, it also mentions the legislation is on hold until Dec 2024.
This is why nobody can source or example a prosecution against a second hand yacht buyer bringing a boat here, because there hasn't been one. Trading standards are the prosecuting authority and are not interested in second hand boat purchases.
This would make sense because otherwise you would have the situation where somebody buying a secondhand Bavaria in France and bringing it here would have to carry out tests, but somebody who bought the same boat in Southampton wouldn't have to.....are you having a laugh gov?? What would be the point?
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st599
Well-known member
That's an accurate description of the situation. I agree it's pointless bureaucracy, but it's still the case. It's similar to when a car is imported.
Reading the tables in the RYA document you mention.
RYA RCR and RCD GUIDE FOR BOATS said:
Tranona
Well-known member
As you have been told many times by myself and others you are misreading the Act. You are the only person who is taking this position which is contrary to all the published information and guidance from those who know far more about the subject than you will ever do.
ALL imports require certification whether imported commercially or by private individuals. Those carrying post 2017 CE with all the necessary documentation do not require any additional certification. Those without a CE mark or built prior to 2017 require evidence they meet current standards usually through a post construction assessment.
I hope that is clear.
The only things that i have an interest in are facts and truth.
nevis768
Active member
It's not clear because it is incorrect, the requirement has been put on hold until Dec 2024, and it is not expected it will return. See the RYA legal advice and the post above from st599. The RYA advice states it will be updated when matters become clear. Is there something about the part in the Act Guidance, and RYA advice saying this does not apply until Dec 2024 that you are not clear about?
nevis768
Active member
I saw those tables, but I also saw the RYA advice is on hold awaiting an update, probably because of the ridiculous situation mentioned above where 2 boats the same could be sitting in Southhampton but only the one boat, bought in France as a second hand boat, would require testing, clearly farcical.
Also, I note that the prosecuting authority is the Trading Standards who say they don't deal with it, (and can't anyway until Dec 24) so in effect there is no prosecuting authority, and quite possibly no actual offence depending on how you interpret, the definition of putting into use, as per the Act.
Generally, courts and prosecuting authorities follow the spirit of the Act where this is doubt to the wording, and clearly it wasn't designed to deal with Joe Punter buying a secondhand boat which has already been tested so it can be sold here new.