What does exiting the EU mean for yachts under temporary importation rules

[LJScott]

We are no EU resispdwnts (USA) with an non EU registered boat. We are are allowed to have the boat for up to 18 months under the Temporary Importation rules. What does "leaving the EU" mean in context of these rules. Do we need to go to a non EU country, do we need to go out of of territorial waters (ie12 off coast) or what? Thanks in advance,

[CatNewBee]

Just leave the EU (check out on an entry port) to a non-EU country (check there in for the stamps in your documents and stay a while), and when re-entering the EU again via an entry port you'll get another 6-18 months temporary permit...

[K_V_B]

Originally Posted by CatNewBee

Just leave the EU (check out on an entry port) to a non-EU country (check there in for the stamps in your documents and stay a while), and when re-entering the EU again via an entry port you'll get another 6-18 months temporary permit...

Reading the rules I read that you need to leave the "Customs Territory of the Union". Leaving for a day apparently is sufficient.

But I keep wondering. According to these rules going to for example Heligoland would reset the clock. Going to the Channel Islands would not.

[jckb]

Originally Posted by K_V_B

Reading the rules I read that you need to leave the "Customs Territory of the Union". Leaving for a day apparently is sufficient.

But I keep wondering. According to these rules going to for example Heligoland would reset the clock. Going to the Channel Islands would not.

HMRC Notice 8 gives the uk interpretation of the EU Customs zone regulations on temporary import in para 5.5.

The Channel Isles are noted as outside the Customs zone for this purpose.

The important thing to do is to report your exit, and then be able to prove your arrival outside the customs union by any means which can be checked. Typically, a marina receipt, or a foreign port arriival document is adequate. There is no minimum time specified.

There is pretty complete detail given on Documents, VAT and Waste Control | JimB Sail applying to non-EU vessels and crews sailing within both Schengen and the EU. I keep this page up to date.

JimB

[bobgarrett]

Bear in mind that it is my understanding that the rules relating to the boat are different from the rules relating to people.

[jckb]

Originally Posted by bobgarrett

Bear in mind that it is my understanding that the rules relating to the boat are different from the rules relating to people.

Yes, you're correct, and it's very important. Plenty of US visitors to Europe were fined for overstaying visa stamps during the early days Schengen when they popped home by air leaving the boat behind - and were unable to return.

Luckily, the word is well spread now. Keep spreading the word!

JimB

[meirriba]

According to the regulation, it is enough to get out of the territorial waters of the Schengen country you sail (clearing customs of course) and then come back. There is no formal requirement to get in & out of non-Schengen country enroute.
However - when you return from such short trip you may get into a legal discussion about the interpretation of the rule with the customs officer of the Schengen country you have returned to.
Croatia (which is not in Schengen) has identical rules as Schengen. I have a friend who sails out for 6 hours every 18 months to reset the clock without getting to another country. The 6 hours are just to prove that he had enough time to leave thr Croatian territorial waters.

[Kenomac]

You need the entrance documentation from a non-EU country to prove the boat exited the EU.

Sailing for six hours following an exit stamp isn't good enough to prove anything.

[meirriba]

Originally Posted by Kenomac

You need the entrance documentation from a non-EU country to prove the boat exited the EU.

Sailing for six hours following an exit stamp isn't good enough to prove anything.

Of course this is the safer procedure.
Depends on the customs official.
My friend in Croatia sailed out and in four times in last six years without checking in to another country...
As I have written - Croatia copied its regulation from Schengen.
Anyway - before you leave Schengen, if you plan to come back to the same port, you may consult with the customs officer and ask what he expects to see on your return.

[LJScott]

Thank you to everyone who's replied here. We have carefully exited, and reentered for several years. This time,we are dealing with the aftermath of a lightening strike, and our technicians have strongly recommended we not go to another country for safety reasons. We had planned to leave Italy for Croatia, then Montenegro before coming back to Italy for the winter.

Safety trumps everything else, so we will stay here until everything is fixed. We have been told previously by Greek authorities that all we actually have to do to get the boat (not addressing wth Shengan rules pertaining to people here) out of the EU, is to go into international waters, take a selfie (that is literally what they said!) and come back.
We are not in Greece right now, we are in Italy. So, I think we will go speak with the authorities here and asks what will be appropriate.
Again, thanks for the valuable input and support.
Lori

[madsb]

Originally Posted by meirriba

According to the regulation, it is enough to get out of the territorial waters of the Schengen country you sail (clearing customs of course) and then come back. There is no formal requirement to get in & out of non-Schengen country enroute.
However - when you return from such short trip you may get into a legal discussion about the interpretation of the rule with the customs officer of the Schengen country you have returned to.
Croatia (which is not in Schengen) has identical rules as Schengen. I have a friend who sails out for 6 hours every 18 months to reset the clock without getting to another country. The 6 hours are just to prove that he had enough time to leave thr Croatian territorial waters.

The question in this thread was about boats, not people. The Schengen treaty is concerned with people, not boats (goods). The relevant area in this matter is the EU customs territory which is described on Customs - European Commission and does include Croatia.

[meirriba]

Originally Posted by madsb

The question in this thread was about boats, not people. The Schengen treaty is concerned with people, not boats (goods). The relevant area in this matter is the EU customs territory which is described on Customs - European Commission and does include Croatia.

I stand corrected. The rules are based on the European customs union of which Croatia is member, not the Schengen treaty.
However, all I have written (both facts and opinions) was pertaining to the vessel and is still correct.

[Kenomac]

Heading out and taking a "selfie" to satisfy the VAT requirement is pure insanity IMHO, and providing complete misinformation to the internet.

Good luck showing your "selfie" to a customs official, you need stamps and receipts.

[jckb]

Originally Posted by LJScott

Thank you to everyone who's replied here. We have carefully exited, and reentered for several years. This time,we are dealing with the aftermath of a lightening strike, and our technicians have strongly recommended we not go to another country for safety reasons. We had planned to leave Italy for Croatia, then Montenegro before coming back to Italy for the winter.

Safety trumps everything else, so we will stay here until everything is fixed. We have been told previously by Greek authorities that all we actually have to do to get the boat (not addressing wth Shengan rules pertaining to people here) out of the EU, is to go into international waters, take a selfie (that is literally what they said!) and come back.
We are not in Greece right now, we are in Italy. So, I think we will go speak with the authorities here and asks what will be appropriate.
Again, thanks for the valuable input and support.
Lori

Forced Delay. In the event you can not leave within 18 months, you may ask for an extension of a further six months in order to effect repairs - or deal with illness or domestic circumstances.

What one guy says . . . An individual customs officer may say "you only have to declare you left national waters, and I will note your re-entry". If he then issues a new temporary import document, fair enough.

But There is no gaurantee other customs officers will accept this procedure. Most ask for proof you've arrived from a non customs zone country beofre they issue a temporary import note. Without a new temporary import note, the first import note (or first record of arrival if you didn't declare that entry) will stand.

JimB

[jhe]

I have a related question regarding the Channel Islands. I asked a customs agent in France whether going to the Channel Islands will mean existing the EU Customs Zone for purposes of triggering a new 18 month TA period. The answer was NO. As I read the UK materials, the UK seems to treat the Channel Islands outside the zone so a visit there would trigger a new period. Is there a difference in interpretation between the French and UK customs authorities or am I misreading these materials?