Hi everyone. I have been looking at licensing laws and requirements for cruising in the EU.. and as if things were not confusing enough (for example, in Germany a german needs a license to operate a boat with more than 15HP but a british national doesn't need one while visiting Germany cause he doesn't need one in his home country.. I think that is bananas but oh well.. so it is).
So this is actually a long and convoluted story and in the interest of keeping it simple, here is the question. If a Canadian with permanent residency in Germany buys a sailing boat in the Netherlands, which is not registered, he is:
FOR CLARITY, I AM WRITING IN CAPITAL LETTERS, I AM NOT SHOUTING...
1. Required to have a german license because he lives in Germany and there the law says you need to have a license for a boat this size.
I AM A US CITIZEN, WITH A US BOAT, I PAID VAT ON THE BOAT IN THE NETHERLANDS AND PUT THE BOAT THROUGH A POST-CONSTRUCTION ASSESSMENT SURVEY
. I DO NOT HAVE TO CHANGE MY FLAG, MY BOAT IS USCG DOCUMENTED. I AM SUBJECT TO THE REGULATIONS
OF THE US. NO LICENSE IS NECESSARY IN THE NETHERLANDS UNLESS THE VESSEL IS LONGER THAN 15 METERS.
IF I WERE YOU AND HAVE A CANADIAN SAILING LICENSE IF ONE IS REQUIRED, I WOULD KEEP THE BOAT ON THE IJSSELMEER AND FLY A CANADIAN OR DUTCH FLAG AND KEEP THE GERMANS OUT OF THE PICTURE COMPLETELY.
2. Required to have a canadian boating
license because he is a Canadian, regardless of whether the ship is registered in the Netherlands or not.. or elsewhere.
IF YOU WANT TO CONTINUE TO FLY A CANADIAN FLAG AND IF YOU NEED A LICENSE TO SAIL IN CANADA, THEN YOU MIGHT NEED THAT LICENSE ANYWHERE. BUT SAILING A BOAT IN THE NETHERLANDS UNDER A DUTCH FLAG, ONE DOESN'T NEED A LICENSE.
3. Required to have a german license if he registers the boat in germany under german flag with the BSH (which requires my german wife to be the majority owner of the boat.. I am fine with that). Then german laws apply and this means this boat requires a german license to be sailed.
I WOULD STAY AWAY FROM THE GERMANS. I LIVE IN GERMANY, MY WIFE IS GERMAN, BUT THAT HAS NOTHING TO DO WITH MY BOAT IN THE NETHERLANDS.
4. No license is required if the boat is bought in the Netherlands and sailed there since there there is no license nor registration requirement for a boat this size. It doesn't matter which nationality one is.
THAT IS CORRECT.
5. Nobody gives a rat really.. it is only an issue if you bump into someone and the insurance
IF YOU FLY A DUTCH OR GERMAN FLAG, THE DUTCH MARCHAUSEE WILL LEAVE YOU ALONE FOR THE MOST PART. ONE IS REQUIRED TO HAVE 5 MILLION IN LIABILITY FOR THE EU
6. None of the above
PS: alternative "7" .. one register the boat with the DSV or ADAC in Germany, gets an IBS registration.. which does not allow one to put a german flag on the boat but instead one puts the flag of the owners nationality on it and then try to explain to a portuguese official why your RYA UK issued ICC and Canadian Flag on a boat registered in Germany is totally ok