PLAY BY THE RULES

Cruising in the EU in a post-Brexit landscape.

Although UK passport holders do not need a visa for short visits to the Schengen Area, there are time limits

For all the confusion surrounding Brexit, one thing is clear: the UK has now left the EU. Our new status as a ‘third country’ is going to have significant effects on everyone sailing in foreign waters, whether your boat is based in the UK or elsewhere.

And although the principles of the new arrangement are clear enough, the practical interpretation of many new rules remains uncertain. In the meantime, here are some of the main areas to be aware of…

VAT: Entering the UK? You may need to pay The RYA estimates that up to 33,000 British people who go boating in Europe could be affected by customs and VAT charges that would be applied to them retrospectively.

Previously, recreational boat owners had the right to buy and keep their boats anywhere in the EU, as long as the VAT was paid (it was always the case that if you took your boat out of the EU for three years or more, you may have had to pay VAT again). Boats are treated as goods by HM Revenue and Customs, and now that the UK has left the EU, bringing your boat into the UK from the EU is now counted as an import – and therefore is subject to VAT and import duty on its current value. The timing of the UK’s departure from the EU further complicates the situation: the Covid-19 restrictions on international travel continue to prevent people from returning their boat to the UK within the one-year period of grace should they wish to.

“These are ordinary people who, as UK nationals and residents, have followed the rules and used freedoms that were available to them while the UK was part of the EU and are now being penalised by their government,” says Stuart Carruthers, RYA’s cruising manager.

“We continue to lobby for a more reasonable approach, but it is really important that boat owners understand that they could find themselves with a hefty VAT bill if government is not prepared to listen to our concerns.”

It is thought that up to 33,000 British people who go boating in Europe could be affected by the customs and VAT charges

Visa-free travel: limited time in the Schengen Area While VAT affects the movement of goods, the Schengen agreement covers the movement of citizens, and means that 26 European countries do not carry out passport checks at their internal borders (it is worth noting that the Schengen Area covers most of Europe but is not the same as the EU. For example, Norway and Switzerland are in Schengen but not the EU, while Croatia and Bulgaria are in the EU but not Schengen).

Following Brexit, UK passport holders will not need a visa for short visits to the Schengen Area, but will be subject to time limits – you can stay for up to 90 days in a rolling 180-day period. However, after that period expires you will be required to apply for a visa for the specific country you wish to visit. Taking your boat from one country to another for any additional days could require visas from each country you visit.

“Disappointingly, and despite lobbying by a number of sympathetic parliamentarians on our behalf, the government does not appear minded to seek longer visa-free stays in the Schengen Area for British citizens,” says Stuart. “More importantly, it would appear the Schengen group of countries are not willing to make exceptions for the UK.” Border controls: new systems on arrival and departure Now that we are outside the EU, we will have to comply with whatever controls EU countries put in place.

“People who are UK citizens are now third country nationals and the rules are changing for us,” says Stuart. “Previously, if you lived on the south coast and you wanted to visit a small port in France, you could sail in, tie up, pay your fee and head to the pub. Now, you might have to report your arrival at a designated point of entry first, before sailing on to your destination – then do the same on the return voyage.”

At the UK border, you will also have to check in and out of UK waters, irrespective of where you are arriving from. The C1331 has always been a requirement if you leave the UK for or arrive from a destination outside the EU, but was frequently overlooked. It is now mandatory if you leave or enter the UK.

There are plans for an electronic reporting system that will allow you to inform the UK Border Force in advance of travel to or from the UK in a pleasure craft on your computer or smartphone. Preloading all your details, all you will have to do for each trip is to report the date and time of leaving and your destination.

If you are arriving from outside the UK (including the Channel Islands) you must now fly the ‘Q’ flag where it can be easily seen as soon as you enter UK waters (the 12-mile limit). This symbolises that you are free from plague and disease and are complying with your flag state regulations. This yellow flag invites officials on board to inspect the boat.

On arrival in the UK, you must phone the 24-hour National Yachtline (0300 123 2012). Nobody and nothing should leave the boat until this has been done and you have been given clearance.

Northern Ireland: special measures apply Another unknown is what the new VAT customs regulations mean for travel between the UK and Northern Ireland without disrupting the Good Friday Agreement. It is not currently possible to provide definitive advice on the status of boats that were in Northern Ireland at the end of the transition period.

“The RYA has been pushing for clarity and help for boaters for a long time,” says Stuart. “The authorities do not understand how recreational craft move around the world differently from goods, so they have shown an inability to answer our questions.”

Other considerations In addition to changes for boaters, there are other issues that will affect all UK travellers to the EU.

The EHIC (European Health Insurance Card), which provides all UK citizens access to free healthcare in the EU, will be phased out for the UK but will be replaced. Under the terms of the Brexit agreement, EHIC cards issued before the end of 2020 will be valid until their expiry date, then the UK will issue a new card: the UK Global Health Insurance Card.

Free data roaming in the EU, enjoyed by UK mobile phone users for several years, is no longer guaranteed. Some networks are continuing to offer this to customers, so check with your provider before you travel to avoid returning home to unexpected charges.

When planning your next trip to the EU, remember to check all your paperwork and travel requirements well in advance to avoid unnecessary delays or inconvenience.

Remember, at the UK border, you will have to check in and out of UK waters

“If you are arriving from outside the UK you must now fly the ’ fla where it an be easily seen as soon as you enter UK waters. This symbolises that you are free from plague and disease and are complying with your fla state re ulations his yellow fla invites o ials on board to inspe t the boat

Cruising in the EU now comes with some rule changes

The RYA covers all forms of boating, including dinghy and yacht racing, motor and sail ruisin , s and sports boats, windsur n , inland cruising and narrowboats and personal watercraft.