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EU Announce Brexit RCD Implications


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2 hours ago, peterboat said:

I really dont think this matters at all? the RCD wanted to ban our boats according the Albion and it was a real battle to stop them, so in reality is it not good riddance to bad rubbish?

This isn’t about you. It’s about the difficulties that manufacturers will have selling their boats in the EU, and people wanting to take their boats to EU countries. At the moment it all works fine. In the future, if we leave the EU, it will be more difficult.

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6 hours ago, Richard10002 said:

..................people wanting to take their boats to EU countries

They can still take their boats to Europe for (a predicted) 18 months as a 'visitor'.

 

The Customs Agency’s Centralised Legal Department has confirmed that for a “Pleasure Yacht”, which is registered in a Third Country, the request for the “verbal declaration” – as required by art. 136 of the DR to record the moment of entry into the EU customs area – is to be considered a “faculty” and not a mandatory procedure, keeping in mind that by simply crossing the EU border (in this case entering EU waters) travelling units fall under “temporary admission”.

If, however, the unit’s owner decides to present a verbal declaration anyway, in order to have the Customs Office confirm the moment of entry into EU territory – and thus the mark the beginning of the period in which they can stay, predicted to be 18 months (the period of discharge) – they can use the Annex 71-01 DR, without requesting any other guarantees, proving the existence of all necessary conditions to benefit from temporary admission (meaning the unit is registered in a Third Country and is the property of a subject based outside the European Union), after documenting the unit’s provenance from an extra-EU territory.

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10 hours ago, peterboat said:

I really dont think this matters at all? the RCD wanted to ban our boats according the Albion and it was a real battle to stop them, so in reality is it not good riddance to bad rubbish?

Eh? Don't remember that.

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1 minute ago, Alan de Enfield said:

I guess the EU works on the basis of "if they want to be here more than 18 months they may as well register for residency"

We are talking about the boat here it is allowed 18 months as a third country visitor, (it's owner will get just 3 months), after 18 months it will have to have an rcd and pay vat and duty.

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2 minutes ago, Phoenix_V said:

We are talking about the boat here it is allowed 18 months as a third country visitor, (it's owner will get just 3 months), after 18 months it will have to have an rcd and pay vat and duty.

I haven't read article 136 or Annex 71-01DR so don't know if there is a 'no-return' clause.

I can envisage that it may be similar to Visas in many countries.

 

My Son is in Cambodia and has a 1 year business visa, but every year he gives his passport to a Taxi driver (along with hundreds of other ex-Pats) who then takes it over the border into Vietnam, stays the night and comes 'back in' the next day.

 

Maybe the boat can leave for a day and can come back and start its 18 months again.

 

The article did say that any existing boat with an existing UK RCD will be accepted so unless you are buying a brand new boat post Brexit then it'll be a non-problem.

 

If I was worried about it I would investigate the implications, but I am not, so I won't be.

 

 

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23 hours ago, Alan de Enfield said:

I know its 'Brexit' but it is regarding the RCD and affects Boat Building & Maintenance.

Extract of the site rules "Postings about waterway legislation, regulations, management, navigation, moorings, maintenance, and finance are permitted".

 

 

Subject to the transition period provided for in the Withdrawal Agreement, as of the withdrawal date the EU rules on recreational craft and personal watercraft, and in particular Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft will no longer apply to the United Kingdom. This has in particular the consequences set out below for recreational craft and personal watercraft placed on the Union (EU-27) market as of the withdrawal date.
 

We will no longer need to build in accordance with the RCD - even if we wish to sell within 5 years.

 

Bexit - RCD Implications.pdf 393.44 kB · 20 downloads

The dates in that document have all come and gone with no action being taken by either the UK or EU.

The document is nothing but a waste of words, till the Withdrawal date is set and acted upon.

As has been said, all EU law has been taken into UK law, so on the date of Withdrawal, nothing in UK law changes.  Till our Parliament acts.  Whenever that might be!

 

Bod

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2 minutes ago, Bod said:

The dates in that document have all come and gone with no action being taken by either the UK or EU.

I never suggested they had not - it simply states this is what will happen as of the withdrawal date.

 

2 minutes ago, Bod said:

The document is nothing but a waste of words, till the Withdrawal date is set and acted upon.

So many people, (even remainers), businesses etc have been complaining about a lack of information about what will / could happen, now some information is provided to the boat building industry to be able to plan ahead you say "it is a waste of words".

 

Make your mind up - would you rather that the EU announce the day after we leave that "O - by the way, you can no longer sell your boats in the EU because we are cancelling all your RCD manufacturing approval numbers".

 

I think it is a valuable document.

You are obviously entitled to your own opinion.

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Should the document have been published, with no dates, just a statement of intent, then yes it would have been valuable.

As a dated document, that is now superseded by events, or the lack of, it will have to be rewritten, with who knows what changes. 

It's a good example of the EU being prepared for us to leave, and the UK dissidence.

 

Bod

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From the self fit-out perspective did many people actually bother fitting out a sailaway which conformed to the RCD? I know I didn't.

 

I do remember one forum member Chris Polley who gave himself a major headache by following the RCD. I think it was all the paperwork was did his head in. It wasn't just the bit about not being able to sell within 5 years that prompted some people to fit-out to the RCD, it was a silly rumour banded about on this forum about 10 years ago, that the resale value of boats without full RCD compliance would be adversely affected. I don't think that was ever borne out.

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Just now, blackrose said:

From the self fit-out perspective did many people actually bother fitting out a sailaway which conformed to the RCD? I know I didn't.

 

I do remember one forum member Chris Polley who gave himself a major headache by following the RCD. I think it was all the paperwork was did his head in. It wasn't just the bit about not being able to sell within 5 years that prompted some people to fit-out to the RCD, it was a silly rumour banded about on this forum about 10 years ago, that the resale value of boats without full RCD compliance would be adversely affected. I don't think that was ever borne out.

I managed to get a broker to agree that the 'paperwork' did have a major effect on price and negotiated a £70,000 reduction on the price of the 'Cat' because the RCD compliance and the VAT paid documentation was 'missing'.

 

I did manage to source replacements and get them issued retrospectively so it made the boat a real bargain.

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22 hours ago, Alan de Enfield said:

I managed to get a broker to agree that the 'paperwork' did have a major effect on price and negotiated a £70,000 reduction on the price of the 'Cat' because the RCD compliance and the VAT paid documentation was 'missing'.

 

I did manage to source replacements and get them issued retrospectively so it made the boat a real bargain.

 

Well if it was meant to have RCD compliance and paperwork was missing that's one thing, but in the context of self-fitout canal boats I doubt whether RCD vs. BSS compliance has had much effect on price..

Edited by blackrose
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24 minutes ago, blackrose said:

 

Well if it was meant to have RCD compliance and paperwork was missing that's one thing, but in the context of self-fitout canal boats I doubt whether RCD vs. BSS compliance has had much effect on price..

I would suggest that self-fitout boats are in the very small minority when compared to the 'commercial' producers.

Any boat not built for self-use is of course (still) required to have an RCD

 

Probably many self-builders re not aware that the moment they employ 'other trades' the boat no longer becomes 'home built'

 

 

Boats built or largely completed by the owner can be excluded from the scope of the RCD provided the craft is not sold within the EU for a period of five years. However a boat is not Home built if the owner 'project manages' other trades.

Bare shells and Sailaways are deemed to be partly completed craft; accordingly the supplier of the partially built boat will have to demonstrate compliance and provide certification stipulating his part in the manufacturing process. The certificate is termed an Annex IIIa Declaration.

 

Notes
1) A member of the general public building his own boat (in his garage or garden, for example, from materials bought on the open market is deemed to be "building a boat for his own use". This boat lies outside of the Directive and does not require compliance with the essential requirements and thus CE Marking. If for whatever reason this situation changes then the provisions detailed above would be seen to apply.

 

2) It should be made clear that a private person who enters into a contractual arrangement with a professional company, yard or individual constructor to build a one off boat (be-spoke) is deemed to have entered into an arrangement where there will be a transfer of ownership. Such a boat is deemed to fall under the Directive and will have to comply with the Essential Requirements of the Directive and applicable conformity assessment procedures. Reference is made to text expanding Article 4.

 

3) Boats built for own use have the concept that a person is building their own boat and not having it built by others."

 

 

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