Foreign flagged boats in Portuguese waters

[BM2023]

Recently the Portuguese authorities have been asking EU flagged boats to not only present a VAT declaration, proving that VAT has been paid in the full, but yachts are also required to have on-board a so called T2L document (*).

In this case a very strange request, which also surprises officials in other EU states, as a T2L document is only valid for a period of 90 days and is not used in the context the document is meant for.

Whether the Portuguese T2L requirement will be upheld is the question, as formal protests are being submitted.

(*) The T2L document is a customs document used in the European Union as a proof of the Inter-European community character of the export / import. The exporter, importer and the country the shipment is loaded from and delivered to have to belong to the EU member countries in order for this document to be issued. The T2L document is certified by the customs authorities of the country the products are loaded from and the importer needs to receive it in order to start the import procedure. [ref. http://cargotransport.org/]

[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?

[BM2023]

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?

These were Dutch owned boats, registered in the Dutch ships registrar. Mind you we have also heard of a Swedish owned boat, flying the Swedish flag, who was asked the same.

[Montanan]

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."