Retrospective application of RCD ?

[AEMD]

I have an SSR registered boat, a Leisure 23SL in France since 2015, and post the B word I think the time has come to get her officially registered in Europe. I sail on a lake where probably the majority of small sailing boats have no kind of registration at all, but because when I come to sell it's quite likely a prospective purchaser in France might want to sail at sea, where such a registration would be required. Towing her back to the UK is now fraught with problems, potential VAT and import tax...
My first step was to contact a French specialist in boat registrations, to be told that unless it's already been registered in the EU it would have to have an inspection to check all sorts of things, which would cost between 3000 and 7000 euros, way more than the boat is actually worth. Effectively it sounded to me as if the French authorities would be applying the European Craft directive to a boat built in 1979, which seems ridiculous. They have suggested I go down a Polish registration route, which sounds pretty simple, is cheaper, and is also for life. An option I am considering.
I just wonder if anyone has any experience of this -or if I am actually being told porkies... ? Thanks..

 

[Tranona]

Demi-porkies. You will be importing a boat into the EU and therefore must comply with the RCD. The cost is typical for aa full assessment BUT it is highly unlikely that it would meet the requirements above Cat C (coastal) or even the lower level of D. with Cat D you could self certify (or you could in the UK when we were in the EU) BUT in many EU states including France the Category is used to determine where you can use the boat and Cat D does not allow seagoing, even coastal.

However the EU rules exempt boats pre 1997 (when the RCD came in) provided they were in service in the EU or built in the EEA before that date. Not the individual boat, but the design. Your boat clearly falls into that category, but I guess convincing a French official might be difficult unless you can point to the exact rule and where it is in the code.

 

[AEMD]

Hmm, some research to be done, or say stuff it and become Polish

 

[Poignard]

[. . . . ]

However the EU rules exempt boats pre 1997 (when the RCD came in) provided they were in service in the EU or built in the EEA before that date. Not the individual boat, but the design. Your boat clearly falls into that category, but I guess convincing a French official might be difficult unless you can point to the exact rule and where it is in the code.

That's very interesting and would, I hope, apply to my 1967-built boat which I keep in Brittany.

However, in 1997 she was in service in what was at that time an EU country (ie Great Britain).

Do you think she would be exempt?

 

[Tranona]

Yes. However not if you sold it in France and the hew owner tried to import it into the UK as it seems the UK in its wisdom has not carried over the exemption into its own standards rules. Strange given that one of the main claimed benefits of Brexit was the ability to reduce the burden of useless regulations!

 

[Poignard]

[...] Strange given that one of the main claimed benefits of Brexit was the ability to reduce the burden of useless regulations!

Careful now! You never know who might be doing regular searches of this forum, looking for any instances of that word with a view to reporting its user to the moderators.

Anyway, thanks for your advice.

 

[Tranona]

Hmm, some research to be done, or say stuff it and become Polish

No need to change your registration for you to use it. The problem is that it is a state requirement, not EU that an inspection is required. Your boat is EU VAT paid and can be used by you anywhere in the EU, and indeed by anybody else. The problem arises when you want to register it as officially French (and same in other states such Portugal, Greece, Italy for example). The RCD was never about safety or quality, but about common standards to enable the single market to work and create a barrier to entry for imports. Registration has always been a state competence and lazy state legislators chose the RCD as means of controlling use of boats - for which it was never intended. in terms of movement of boats from home country to visit another country, International law requires the boat to identify with a flag state. That is what your SSR does and is nothing to do with other state registration or usage restrictions.

 

[AEMD]

When I sold my previous boat, also on SSR, before the B word happened, I had a couple of prospective purchasers who pulled out because the boat wasn't French registered. It was no problem in the end as she sold to a British guy living in the UK, to put on a mooring in Croatia. However until this one has some sort of EU registration I don't know if that would have any implications now ? I can continue using it where it is without any problem, it's when I decide to sell it that it may become an issue.

 

[AEMD]

That's very interesting and would, I hope, apply to my 1967-built boat which I keep in Brittany.

However, in 1997 she was in service in what was at that time an EU country (ie Great Britain).

Do you think she would be exempt?

Now this is the issue, logic would dictate that to be the case, and I mentioned that, but this guy, an expert in French registration, with lots of reviews to back that up said no, they are applying the newer regulations to older boats, hence the need for a ridiculously expensive inspection. Maybe you can ask the question in Brittany ?

 

[DownWest]

Interesting how difficult it is with an existing boat, compared with building one. DIY is effectively self certified and registration free, but since you need insurance, a survey is required. That cost me €180 a few years ago for my Oughtred faering and around €1K for a Jeanneau 29.2 recently. In theory, self certification for DIY is up to 24 mtrs (!)
The little boat is 'C' so 6 miles from a 'safe haven', but the Kelt 6.20 which I am scrubbing up, is 'B', so 60 miles. Due to size and age of the Kelt, no yearly fees for that either.