My mistake with the Title of the thread...
My fishing kayak
is registered under Dutch Flag and my boat is registered under the Belgium Flag.. also I mentioned on the reply right after the initial post I haven't been able to sleep right since Friday. Since Friday I've only been able to sleep barely 9hours and at almost 3am last night I apologize for that confusion.
First off I have to say that something here is lost
Just to be clear, I did not and have not ever offended nor been condescending to a police officer!
My communication with the officer was professional, polite and educated.
The reason I registered my boat under the Belgium Flag was because I needed to buy a new engine
for the bought and I ended up buying
a Yamaha F225 4-stroke engine
(225HP = ~167.8kW) at a very good price
but only after the purchase
did I notice that on the boat there is a limitation to the kW it can be used which is 165kW and therefore the local Capitania did not allow me to use the engine and on Belgium that limitation I was told is non existing. (but that wasn't even on the ticket notice because they can't use that allegation)
Now..According to the PAVILLON BELGE: Le site belge pour l'immatriculation de bateaux sous pavillon belge
where I have my boat registered at, they say, and I quote:
"L’immatriculation en Belgique s’adresse à tous les ressortissants de l’Union Européenne, sans obligation de domicile en Belgique. A bord du bateau, c'est la législation du pays du pavillon qui est applicable. En d'autres termes, sous pavillon belge, c'est la législation belge qui s'applique."
below that they say:
"vous naviguez où vous voulez sans notion de catégorie, il n'y a pas de limite de distance de navigation
(ou zones de navigation).
vous pouvez adapter votre matériel de sécurité, sans obligation ni contrainte, le radeau de survie n'est pas obligatoire,
En mer, pas besoin de brevet ou permis de navigation
(côtier, hauturier,...) "
and in the FAQ:
"Si je prend le pavillon Belge, suis-je en contradiction avec la législation française?
NON, en choisissant le pavillon Belge, votre bateau dépend de la règlementation belge.
Si vous respectez cette réglementation, vous n’aurez aucun problème avec les autorités."
This last part I had confirmed with the Belgium department where I registered the boat at that it applies to all EU member
Because if it was not so, I would not register it there.
To the agent I didn't show him the safety equipment
because I was uncertain if the expiration dates on the flares were due as well as the fire extinguisher.
Therefore, if I did show them and they were past expiration, then I might have gotten into worse problems.
Also, the agent never asked for the life vests, safety
buoy and on the ticket notice he said I did not have them.
Because those I would not have any problems showing him.
Before anyone finds it that not having the flares or that they are past the due date is reckless/a safety risk, they have been in a watertight container since the day they were purchased and still in their plastic wrapping..
Also, please notice that this is a very small island 98square kilometers that has cellphone coverage all over the island up to about 20nautical miles from shore, I never go offshore more than 2nm, I don't go out if there even if the weather is somewhat good but the forecast says otherwise.