Originally Posted by southatlantic
I had heard before, from two different sources, about Dutch-registered boats running into challenges by the authorities in Portugal. Do you know what EU flag the boats that you mention were flying?
The common so-called Dutch-lite "registry" is in fact, nothing but the International Certificate of Pleasure Crafts [ICP] which is only an unofficial document of ownership
. It does not convey nationality to a vessel [i.e., flagging], nor is it proof of ownership
. e.g., a titling. Specifically, as to the Dutch issued ICP, it does NOT convey the right to fly the Dutch flag on the vessel, albeit many Dutch ICP vessels do inappropriately display a Dutch flag as if they were actually nationally registered vessels.
Within the EU, Portugal in particular does not accept such ICP as a valid registry nor proof of ownership.
Under UNCLOS, a ICP vessel has not been conveyed nationality and the privileges or obligations to such nationstate's maritime laws.
Because of the common misunderstanding and abuse of the ICP document, the newer language of a Dutch ICP has been clarified and states:
"Prior to issue of this document ownership has been rendered credible. This certificate is valid only as long as the particulars have not changed."
Which particulars could very well have been changed and having once been "rendered credible" does not mean that the vessel's ownership had in fact once been proven. Credible is not the same as proven.
. . .
"This document can not be conveyed as giving Dutch nationality to the craft, nor does it constitute the right to fly the flag of the Kingdom of the Netherlands as defined by Article 91 of the United Nations Convention on the Law of the Sea (UNCLOS). Consequently, the Kingdom of the Netherlands does not accept any of the responsibilities listed in Article 94 of UNCLOS."