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Old 21-08-2020, 12:09   #1
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Agent in Malta to handle VAT

My USA documented sailboat is in the Spain and thinking of hiring an agent in Malta to handle the paperwork dealing with VAT in the EU. Seems as Malta is one of the more attractive countries for this purpose.. Any ideas?
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Old 21-08-2020, 12:43   #2
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Re: Agent in Malta to handle VAT

Maybe Malta is easy because they communicate in English, but I would go with one of the major established agencies with offices in the bigger EU countries. They will be able to communicate in English and have a reputation to loose for bad service.
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Old 21-08-2020, 13:04   #3
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Re: Agent in Malta to handle VAT

Huh? Malta is one of the biggest registrars of yachts - Just look around the Med and see how many fly the Malta flag. Lots of companies there can manage it for you and it's something they do every day.

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Maybe Malta is easy because they communicate in English, but I would go with one of the major established agencies with offices in the bigger EU countries. They will be able to communicate in English and have a reputation to loose for bad service.
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Old 21-08-2020, 13:09   #4
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Re: Agent in Malta to handle VAT

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Old 21-08-2020, 14:08   #5
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Re: Agent in Malta to handle VAT

Thanks guys for the comments. At the moment my boat is registered in my German wifes name through ADAC. Kind of an american triple A on steroids. I have paperwork in German that states her as owner, German numbers and German Port.. I also still have my USA documentation papers. I do not have proof of VAT being paid. Another question. When clearing in to countries. Do the authorities ever ask for proof of VAT being paid?
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Old 22-08-2020, 08:23   #6
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Re: Agent in Malta to handle VAT

would be interested to hear that information as well.
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Old 22-08-2020, 08:25   #7
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Re: Agent in Malta to handle VAT

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Originally Posted by sidsail View Post
My USA documented sailboat is in the Spain and thinking of hiring an agent in Malta to handle the paperwork dealing with VAT in the EU. Seems as Malta is one of the more attractive countries for this purpose.. Any ideas?
Yes, I know Malta well, my parents retired there and I kept my Endurance 37 there for several years. I now have a Trawler yacht in Turkey and investigated the Vat situation for this boat in Malta a couple of years ago----then it was about 7%, hopefully same now!
I know the folk at S & D Yachts in Aliens very well and they were most helpful (they also sold my sailboat in 3 months!) Ask for Peter Fiorini, and say 'David Constantine' suggested him. We were great friends.
If you do go down the Malta Vat route I think you can leave for cruising for a year but then the boat must come back into Malta to be 'checked' and signed off. Good luck
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Old 22-08-2020, 09:44   #8
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Re: Agent in Malta to handle VAT

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Originally Posted by sidsail View Post
Thanks guys for the comments. At the moment my boat is registered in my German wifes name through ADAC. Kind of an american triple A on steroids. I have paperwork in German that states her as owner, German numbers and German Port.. I also still have my USA documentation papers. I do not have proof of VAT being paid. Another question. When clearing in to countries. Do the authorities ever ask for proof of VAT being paid?
In Greece it is very possible they will ask for proof of VAT being paid (I have had to provide proof three times in the last 8 years of having the boat based in Greece.
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Old 22-08-2020, 11:10   #9
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Re: Agent in Malta to handle VAT

Can’t recall his full name, but I was in touch with an agent called Gauci in Valletta. You should be able to locate him thru Chamber of Commerce or maybe even on the web. Maltese VAT is lower than most(if not all) other EU states and it’s a good flag to have. The sticking point, is the negotiation with the authorities on the value of your yacht, and this is why you need a serious agent. (We were poised to pay Maltese vat but ended up selling the yacht “as is” to a buyer who was anyway leaving Europe)

myageofsail.com
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Old 22-08-2020, 12:05   #10
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Re: Agent in Malta to handle VAT

I understand the problem with the valuation of the boat. Mine is a custom built wooden schooner, built in 2008 with no boat to compare it to. It has a lot of varnish outside and in, which looks very nice but there is a small market for this boat. And not worth as much as one would think just looking at her.
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Old 22-08-2020, 12:06   #11
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Re: Agent in Malta to handle VAT

I tried to post a picture of her in my profile but ended in the photo section ..
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Old 22-08-2020, 13:35   #12
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Re: Agent in Malta to handle VAT

Quote:
Originally Posted by sidsail View Post
Thanks guys for the comments. At the moment my boat is registered in my German wifes name through ADAC. Kind of an american triple A on steroids. I have paperwork in German that states her as owner, German numbers and German Port.. I also still have my USA documentation papers. I do not have proof of VAT being paid. Another question. When clearing in to countries. Do the authorities ever ask for proof of VAT being paid? YES. If the vessel has been permanently imported into the EU is should have proof of payment of VAT onboard as standard documentation along with proof of ownership.
VAT is due on an imported vessel into the first country of the EU the boat arrives, unless it is imported under the temporary waiver scheme for non-resident owners of such boat.

It seems you have confused the situation a tad, by listing your wife as the owner of the vessel for membership in ADAC, yet the vessel has been documented with the USCG by which you as owner and an apparent citizen of the USA have availed such flagging and nationality of vessel.

Muddy waters.

Is your wife, who is apparently a German citizen, a resident of the EU? Private use of a vessel by an EU resident can invoke an importation with customs duty and VAT thence being due. Have you transferred ownership / title of the vessel to her? If so, in which waters of the EU was the vessel when ownership was transferred to her, because it may well have been immediately imported into the EU by an EU citizen / resident.

If the vessel remains in your title and with USA documentation then you have the normal 18 months of temporary importation waiver. Assuming you have not exceeded the vessel's temporary import stay. During that time you can chose to import it into the EU by bringing it into an EU country's waters and chose a country with a lower VAT rate then one with a higher VAT so as to save you on the amount of VAT being charged when you decide to declare the vessel to not be under the temporary import waiver scheme but rather to be permanently imported upon which moment and country the customs duty and VAT will become due.

You have this one chance to chose which country to voyage to a EU country and declare an import into the EU. It could save you a reasonable amount if you chose a lower VAT rate country, albeit you would have to voyage to such lower VAT taxation jurisdiction to have it physically present in such chosen country, which transfer to the other country may or may not be convenient, or worth your effort.

In the alternative you as an American citizen could keep the vessel American documented and keep moving it periodically out of the EU customs territory to reset the 18 month temporary import waiver. Either your or your wife's EU residency may trigger importation duty and VAT.

EU VAT rates
The EU sets the broad VAT rules through European VAT Directives, and has set the minimum standard VAT rate at 15%. The 27 member states (plus UK) are otherwise free to set their standard VAT rates.

Malta would be a good choice to enter the EU as its standard VAT rate appears to be 18%, which is second lowest to only to Luxembourg which has 17%.
Reference VAT rates:
https://ec.europa.eu/taxation_custom...t_rates_en.pdf

Note the country upon which the duty and VAT is applied is the country of first imported entry to the EU. One needs to be careful in your sojourning as island territorial entry can invoke an unexpected importation to the EU.

The ADAC international certificate for pleasure craft is not a national registry, nor a true official certificate of title or ownership; it is rather a quasi-official certificate of ownership and is not a flagging of nationality for the vessel.

https://skipper.adac.de/ibs/

FYI:

Permanent importation

A customs procedure or, more precisely, importation occurs whenever an EU resident imports a boat from a non-EU country into the EU, i.e. whenever a person (of whatever nationality) living in Germany, for example, buys a boat in Switzerland, Norway, the USA, etc. and brings the boat to Germany. This means that import duties are due. Depending on the type and size of the boat, these duties are made up of 1.7 or 2.7% customs duty plus 19% import VAT.
The customs duty (not the import VAT!) may not apply if there is proof that the boat was built in a country where a customs facilitation agreement with the EU is in place – such as, for instance, with Norway, Switzerland, Turkey, and Croatia. However, the customs duty does apply to US, Australian and Taiwanese boats because there are no such agreements with these countries.
Importation of the boat must always be applied for (declared) in the first EU country it enters by land or by sea. The customs procedure itself may be completed at the border or in the country where the boat is to be berthed. This does not have to be the owner’s country of residence because the boat can only be cleared in the country where it is physically present. The obligation to declare applies regardless of the age of the imported boat or the year it was first operated. In other words, there is neither a date nor an age from which import duties are generally no longer payable.

Relocation

Relocation from a non-EU to an EU country, including the boat as part of a person’s “household effects”, also constitutes a customs procedure. In this case, no import duties will be due – regardless of the country in which the boat was manufactured – but the person relocating must be able to prove at least 6 months’ ownership of the boat and must have lived outside the EU for at least 1 year.
As a document proving that the customs procedure has been completed, the customs office will issue a no-objection certificate in both cases.

Temporary duty-free importation

The most frequent and most common of all customs transactions in connection with boats is temporary duty-free importation, also referred to as “temporary admission”. It applies when a non-EU resident intends to use a boat in an EU country for longer periods.
For instance, a Norwegian who decides to berth their boat in a harbour on the Côte d’Azur or on the Italian Riviera for the next few years will neither want to nor, in fact, have to import it permanently – nor will they have to pay import duties. Instead, they will place the boat under the temporary admission procedure and may then leave it in France or any other EU country for 18 months.
Conversely, an EU resident may, of course, temporarily berth their boat in a non-EU country. The relevant customs regulations and allowed time limits differ greatly in the various countries. In Europe, the usual minimum period is 6 months, after which the boat should remain under customs supervision for the same amount of time, i.e. another 6 months. The entire procedure is handled more or less routinely in the harbours. There may also be differences in how customs supervision is performed.

Returned goods

If a boat has been outside the EU for more than 3 years – for instance, because it was berthed in Croatia or in Turkey the entire time, or perhaps its owner used it for a cruise around the world – it is no longer considered a “returned good” exempt from customs duties and taxes.

Upon return of the boat to the EU, the customs office could then levy import duties (based on the current market value of the boat).

According to EU customs laws (returned goods regulation), any goods returned to the EU after having been outside the EU for more than 3 years at a time may be subject to import duties.
However, in reality it is rather unlikely for a boat berthed in Europe not to enter an EU harbour every now and then. You could prove this by an entry in the logbook (stamped by the harbour master’s office).

The Merkblatt über Zollbestimmungen für Schiffsführer von Wassersportfahrzeugen [Factsheet on customs regulations for pleasure craft skippers (available only in German)] issued by the Bundesfinanzdirektion Nord [one of five German federal finance offices] includes the customs regulations for pleasure craft used by private individuals.
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Old 22-08-2020, 14:35   #13
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Re: Agent in Malta to handle VAT

I understand everything you have stated. I have had the vessel in EU waters for a couple of years. The ADAC papers were only a temporary solution. This is the reason I am inquiring about Malta. I understand EU regulations as stated but it seems every office, bureau, official, person , arm chair quarterback, has a different interpretation . I could site numerous encounters with all listed in France, Italy, Spain. Sardinia etc.. Example. The latest i heard from Spain is the VAT fee is in the 30 to 40 % range in retaliation to games from the present USA administration. The reason I am interested in hiring an agent. To be done with it.
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Old 22-08-2020, 15:26   #14
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Re: Agent in Malta to handle VAT

The vessel will need to be brought to Malta to be imported and shifted from a temporary import status of the USA flagged vessel. Of issue is whether you have documented that your vessel has in fact left the EU custom's territory before any 18 month waiver period expired and then returned from a foreign territory to reset another 18 month waiver under which you can then elect to have a permanent import. Note that if challenged due to having overstayed a temporary import period, you might find that the first country of importation into the EU upon initiation, [or perhaps on expiration] of the 18 month temporary import may be deemed the country of original import of the vessel into the EU. That is sometimes not understood by non-residents of the EU when they first enter EU waters, they have in fact imported the boat into the EU and thus subject to the customs and VAT of that EU country, although also subject to the 18 month temporary importation waiver.

If your wife is the owner then that opens up the opportunity for a German flagging, not sure if Germany will allow for flagging under a co-ownership arrangement as to citizenship requirements. Or you could keep the vessel documented as a USA vessel which may be easiest since it already is.

Spanish VAT is called 'Impuesto sobre el Valor Anadidio', or 'IVA'. Since 1 July 2010 the standard rate of Spanish VAT has been 18%, but reduced rates of 8% or 4% may apply to some supplies.

Don't confuse Spain's matriculation tax with the VAT.

Spanish matriculation tax is an additional indirect tax obligation on boats purchased or used in Spain.
14 May, 2020

Spanish VAT on chartering. Matriculation tax

Spanish matriculation tax is an additional indirect tax obligation on boats purchased or used in Spain. It is foreseen only for private individuals or businesses not using the boat for commercial purposes. This tax is important for foreign chartering companies because of a high tax rate of 12% and the lack of certainty on the position of the authorities about foreign businesses operating in Spain.

Matriculation tax is regulated outside the Spanish VAT law. Spain has a special indirect tax on sales of certain means of transport. Matriculation tax covers the first matriculation of vessel and recreational ships new or used, that have more than eight meters of length in the vessel registry.

The tax base of the matriculation tax is determined according to whether the vessel is new or used. In case of new vessels, the taxable base will be equal to the amount due on the acquisition of the vessel. In case of used, the taxable base will be the market value at the moment of paying the tax. The tax rate is generally 12%.

Exemption on Spanish Matriculation Tax
The exemption scenarios in the matriculation tax are included in article 66 of the Matriculation tax law. According to this article, the vessels that are wholly and exclusively used for chartering business activities will be exempt from the matriculation tax in Spain.

Self-supply of chartering services is not considered as business activities for the purposes of the matriculation tax exemption. Also, where the same client receives chartering services for more than 3 months within 12-month period, these services will also not be considered when applying the exemption.

The definition of self-supply is included in Article 79 of the VAT law. In the field of hiring recreational vessels, it is understood that there is self-supply when the client is a relative, couple or other close family member. This self-supply requirement only applies to Spanish resident individuals and businesses established in Spain.

Matriculation tax for non-established companies
According to the Matriculation tax, vessels must be subject to matriculation tax in Spain when they are used in Spanish territory by individuals or entities that are resident in Spain, or own establishments located in Spain.

In this respect, a vessel is not subject to matriculation tax in Spain if it is used by non-established businesses, or by individuals who do not own an establishment in Spain (see ).

Definition of "establishment" for matriculation tax
The law does not have a definition of establishment for matriculation tax purposes. Because of this lack of legal provision, the concept must be determined according to interpretation of tax rules and case by case decisions of the Spanish tax authorities.

In this sense, according to , the place form where all or part of an economic activity is performed will be considered permanent establishment. This ruling provides some light over what is in our out of this definition:

“(…) a dock in Spanish territory, in which a vessel property of a non-established person in Spain, is not considered permanent establishment since it is not considered a fixed place from where economic activity is performed”.

Also, Binding ruling V1722-14 adds that the mere navigation on Spanish waters, directed by professional captain resident in Spain, linked by a contract to the non-resident entity owner of the vessel will not create an establishment in Spain.

Nonetheless, the Spanish tax authorities on certain occasions such as the Binding ruling V 1850-14, interpreted that an establishment exists where chartering activities are regularly carried out in Spain.

In our experience, the definition of establishment for Matriculation tax purposes is not made sufficiently clear by the legislation or the available biding rulings. There can be ambiguous or even contradicting circumstances in which the tax authorities hold a different position form its common practice.

VAT registration on chartering activities
There are specific rules on the lease of vessels that often require a VAT registration, fiscal representation and other formalities to be met. Penalties will apply if these rules are not regarded. Tax and customs authorities may even seize the boat with the passengers onboard!

As a general rule, a foreign business carrying out a boat charter activity must register for VAT in each country where the customer accesses the boat for the first time. For example, if you charter a yacht for a period of one week and the customer accesses the boat in Mallorca, you should get a Spanish VAT number and account for Spanish VAT on the entire value of the invoice to that customer. However, if the customer accesses the boat in Nice, France, you should get a French VAT number and charge French VAT on the value of the invoice (in some instances, you will not charge the standard French VAT rate).

Specific rules apply for charter licenses for periods over 3 months. Also, in case the client accessing the boat is a business customer, a detailed review must be made to decide if domestic reverse charge applies.

A VAT registration is only the first obligation of a long list of compliance requirements. Non-EU companies must appoint a fiscal representative, VAT returns must be submitted, correct invoices must be issued and local VAT and tax requirements should be regarded (Eg. matriculation tax in Spain, use and enjoyment in France, etc).

VAT on refits. Do it right to get it back.AT
Refits are part of a yacht’s lifecycle. The costs incurred in restoration and repairs are significant and often include an additional 20 to 22% of VAT, depending on the country where the refits are made. If you are incurring these costs as a business and such costs are entirely linked to your business activity, you can recover that VAT in most cases.

Several refit suppliers charge VAT on their invoices by default. This means that no analysis is made on the VAT treatment of these services. Unfortunately, a wrong VAT treatment will make VAT non-recoverable.

To decide whether VAT should be charged on refit invoices, we should first look at the supplier and client´s country of establishment. If both parties are established in the same country, VAT would be normally charged on these refit services. However, if the supplier is established in one country, for example Spain, and the client is established in a different country such as UK, we should determine if these refits involve a supply of goods or a supply of services in order to decide if VAT must be charged.

A detailed analysis is required to define the refit services as supplies of goods or services. In case they are defined as goods, VAT would be charged. If these are services, VAT would normally not apply on the invoice provided the rest of the conditions are met. This distinction is the cornerstone of VAT treatment on refits, so we recommend contacting Marosa to ensure that your refit services are properly invoiced from a tax perspective.

From our experience, holding a valid invoice is another important requirement that is often overlooked by the person receiving the service. In order to recover VAT, the client must ensure that the invoice received is complete and correctly issued. In other words, it is the client who is responsible to hold a valid invoice in order to recover VAT. For example, as a client, you must provide your VAT number to the refit supplier and make sure that it is included on the invoice issued for their service.

Spanish matriculation tax. A sailing nightmare

Spanish Matriculation tax is a rara avis in the European tax landscape of the yacht chartering industry. This is a 12% tax on the full value of the boat, hence the large risk when evaluating this tax obligation.

The main problem with Spanish matriculation tax is the lack of consistency of Spanish tax authorities over the definition of the persons required to pay the tax.

As a general rule, there are two possible exemptions from Spanish matriculation tax: a) Boat owners who use the boat entirely and exclusively for the purposes of a business; and b) Non-established companies in Spain.

How to get back Spanish VAT back. 8th Directive or VAT returns?

The uncertainty about the definition of establishment for matriculation tax purposes and the conditions to define ´entirely and exclusively for the purposes of the business´ make this tax obligation a nightmare for most yacht owners in Spain.

Getting a reimbursement on Spanish VAT is so problematic that businesses often give up trying to claim their refunds. Costs on mooring docks, refits or fuel are sometimes 21% more expensive for foreign businesses. But these problems arise from wrong advice on Spanish VAT rules.

The first step is to ensure that you hold a valid invoice that has been correctly issued. From our experience, some Spanish suppliers may charge VAT incorrectly. Also incorrect or incomplete details may be included on the invoice (eg. the client´s VAT number is not stated despite the obligation to do so in all invoices). As a client, you should check with Marosa or your local VAT specialist to make sure that these requirements are met. Do this before the invoice is issued to avoid long discussions with the supplier.

Once you hold a valid invoice, it is paramount that you make your application via the correct procedure. If you are an EU business and did not have to register for Spanish VAT (see our earlier issue on VAT on chartering activities), you should apply using the mechanism of Directive 2008/09/EC (so called ´8th Directive´). If you are required to register in Spain, for example, because you had chartering activities in the country, you should claim your VAT back via your VAT return.

From our experience, the first questions of the Spanish authorities about your refund will focus on the procedure used in your application (8th Directive or VAT return). It is very important to understand and choose the right procedure to avoid these refunds being rejected on the first review.

Timing is also important. If you had chartering activities in the country, you can claim VAT back on all invoices received since the start of your activities (with a limit of four years). If you did not have activities, your refund application must be submitted before September 30th of the following year. We see an opportunity on all businesses who have Spanish VAT unclaimed from the past, as we may be able to recover all VAT from last four years.

Our conclusion
Vessels used in Spain that are over 8 meters in length, by individuals or businesses established in Spain must pay matriculation tax at 12% on the value of the vessel.
Chartering companies using the vessel wholly and entirely for commercial activities are exempt from matriculation tax on such vessel.

Spanish matriculation tax does not apply to businesses or individuals who do not have an establishment in Spain.
In the event that chartering activities are done regularly, there is a possibility that the tax authorities consider that there is an establishment in Spain from which all or part of the activity is carried out, and in consequence, this means the vessels is subject to matriculation tax in Spain. Foreign companies must evaluate the possibility of asking for the exemption from matriculation tax even if they consider their business as non-established in Spain.

https://marosavat.com/spanish-matric...0such%20vessel.
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Old 22-08-2020, 15:44   #15
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Re: Agent in Malta to handle VAT

FYI as to the alternative to the ADAC certificate, there is the Bundesamt Fur Seeschifffarht BSH

For ships up to 15 m hull length

The BSH can issue a flag certificate for ships with a maximum hull length of 15 m on the basis of the "Flaggenrechtsgesetz" (flag law act). It serves as proof of the right to fly the German flag (but is not proof of ownership) and is internationally valid according to the 1982 Convention on the Law of the Sea and the 1958 Convention on the High Seas.

The prerequisite for the issue of a flag certificate is a ship intended for navigation. Such a ship must be suitable for navigation by reason , inter alia, of its design, superstructures and dimensions. The seaworthiness classification contained in Directive 2013/53/EU of the European Parliament and of the Council (Recreational Craft Directive) is used to determine whether a vessel is intended for navigation. Vehicles that are not suitable for navigation can apply for an International Boat Licence from DSV (German sailing association), DMYV (German motor yachting association) or ADAC (general German automobile club).

The flag certificate is issued to vessels owned by nationals of a Member State of the European Community. The ship must not be registered in any other shipping register (shipping register of sea-going ships, inland shipping register or foreign register, e.g., USA documented.). Ships flying the German flag for which a flag certificate is to be issued must have a German home port (an independent municipality or town on navigable waters). Both the home port and the ship's name must be clearly visible and firmly attached to the ship (in a font size of at least 10 cm).

The validity of the flag certificate is 8 years and can be extended. They must notify the BSH of any change to the registered data or loss of the flag certificate without culpable delay. The fee for an issue, a change or an extension is 88,- € and has to be paid in advance.

You must return a flag certificate to the BSH immediately (no fees are associated with this) if the vessel

is sold,
decommissioned or
was entered in a German or foreign shipping register.
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