Charter regulation changes in Greece

[ModernMosquito]

I have received this from a charter company in Athens. Anyone had experience with this? Likelihood of really being enforced? This would make crew changes mid-charter a big headache! My feeling is to ignore this.

Kindly be advised that recent changes in legislation, in force by Ministry Circular 3133.1-3/ 18868 /2018 since march 12th 2018 pose restrictions on crew changes that Skippers / Charterers must comply with.

Specifically, newly passed Law 4504/2017 now requires that
A. ANY CREW CHANGES MUST BE FORESEEN ON THE INITIAL CHARTER PARTY DECLARED TO THE PORT AUTHORITY BEFORE THE CHARTER STARTS clearly stating names / passport numbers / dates and ports of embarkation-disembarkation
B. IN THE EVENT OF CREW CHANGES DUE TO UNFORESEEN CIRCUMSTANCES SKIPPER MUST IMMEDIATELY UPDATE CREW LIST THEN PROCEED TO THE NEAREST PORT AUTHORITY AND DECLARE CREW CHANGE
C. IN THE EVENT THAT ALL CREW MEMBERS CHANGE (EVEN IF THE SAME SKIPPER REMAINS ABOARD) THE CHARTER IS TERMINATED BY LAW AND MANDATORY DECLARATION HAS TO BE MADE TO THE PORT AUTHORITY. Ending a charter with the Port Authority prior to the charter end date declared on the initial charter party requires that the clients present themselves to the Port Authority to officially declare that the charter has ended voluntarily.

So FOR ANY TWO DIFFERENT CREWS,
- we need to have two different charters
- two different charter parties declared with the Port authority before each charter starts
- two different crew lists declared at the Port Authority before each charter starts
- then handle all payments, collections, invoices distinctively for two different charters
THE LATEST ONE WEEK BEFORE THE CHARTER START DATE SO AS TO PREPARE AND DECLARE TO THE AUTHORITIES CHARTER PARTIES

[Village Idiot]

I dont suppose they sent you the actual law did they ? What is written above is about the 6th different interpretation that I have read of what is in this new law.

I have been trying to get hold of the actual law to see what it says for myself with no luck so far.

[Palarran]

Is it a problem? Most people only charter for one or two weeks. Those who go longer usually know who is coming and going beforehand. And even if something does arise, just go to a port authority.

[Village Idiot]

well yes its a problem for me as I need to establish what the law actually says in order to not fall foul of it.

In our case we are starting and ending outside of Greece so I cant declare the changes to a Greek Port Authority before the start of a the charter, even if the above interpretation is the correct one.

Other articles state dis/embarkation is prohibited, not just restricted, and I am advised by a Greek clearance agent that this is so and penalties are likely to be large, more than I want to pay, if caught. He could be wrong of course

[Palarran]

Village Idiot, my understanding from your other thread is that this isn't a paying charter. I don't see anything in the above language that would concern me. But as I suggested in your other thread, just call them.

[hellosailor]

One might enquire as to the correct translation of the actual law. If it is indeed for "crew" that means people the captain or master have HIRED TO WORK on the boat. Crew does not ordinarily mean "guests" or "paying customers" in matters of nautical law.

While recreational sailors may refer to every hand on the boat as "crew", that's usually not the case. Certainly not under the Jones Act and other law in the US.

[Village Idiot]

Yes you are right about the often confusing use of the term 'crew' on a small recreational boat, exacerbated by the requirement to keep a 'crew list' , by which as you say means everybody on board.

However I have checked and at least in the case of foreign boats without a Greek charter licence (which applies to me), the law is targeting guests or passengers as opposed to paid crew. In fact I am told you can change the paid crew, you cannot change guests/passengers.

I am further told that the changes the OP is talking about are a separate provision that deals with charters that do start within Greece ie where the boat has a Greek charter licence - so you would now have to be careful about guest/passenger changes even on a 'normal' charter.