Selling a US Flagged Sailboat in England?

[Roniszoro]

Hi All; I'm wondering what issues/problems one would have selling a US flagged sailboat in England aside from the VAT tax which, I assume, would need to be paid. Thank you in advance for your input. Ron

[boatman61]

It depends on whether the UK has retained the EU CE Compliance regulation.
If it's say a Beneteau (USA) it's CE compliant however if a US design then likely it's not.

[boatpoker]

You'd need a 'documentation release" from USCG before registering it elsewhere.

[Roniszoro]

Originally Posted by boatman61

It depends on whether the UK has retained the EU CE Compliance regulation.
If it's say a Beneteau (USA) it's CE compliant however if a US design then likely it's not.

What is "CE compliant"? Thank you for the education.

[Stewie12]

You will be charged import duty on it. Best check with customs

[DIJ]

Re CE compliance - CE marking is an administrative marking that indicates conformity with health, safety, and environmental protection standards for products sold within the European Economic Area.
But as UK has now withdrawn from the EU and the Single Market, the situation re CE I guess will change , no doubt replaced by some other bureaucratic system.

[Clivevon]

Hi. A good question. I assume you are talking about selling a boat which was not built in the European Union but is now physically in UK, to a British national. (I assume you are NOT talking about selling an EU built boat now in Miami to a British national? )

If the former, you might find these RYA documents to be useful:

https://www.rya.org.uk/knowledge-adv...directive.aspx

https://www.rya.org.uk/sitecollectio...%20Documents/L

Thats the warm up - also you will need to read this:

https://www.gov.uk/government/public...gulations-2017

See especially Section 8: Obligations of private importers
A private importer is any natural or legal person (e.g. a company) established in the UK who imports in the course of a non-commercial activity a product from a country outside the UK with the intention of putting it into service for their own use.
The obligations of private importers include:
• If a private importer imports a product that has not previously been placed on the GB market, where the manufacturer has not carried out the relevant conformity assessment procedure, the private importer will have to carry out a post construction assessment to demonstrate conformity with the Regulations, as set out in Schedule 5.
• The private importer must ensure before putting recreational craft into service that it has been designed and manufactured in accordance with the essential requirements.
Until 31 December 2021, products conforming to EU rules, including the CE marking, may be placed on the market of Great Britain.

Recreational Craft Regulations 2017: Guidance (GB)
• The private importer must ensure that the obligations for manufacturer covering technical documentation; declaration of conformity; relevant marking; instructions and safety information; provision of information and cooperation have been met or carried out.
• Where technical documentation is not available from the manufacturer, the private importer must have this drawn up using the appropriate expertise.
• The private importer must ensure that the name and postal address of the approved body that carried out the relevant conformity assessment procedure in relation to the product is marked on the craft.

Good luck...

[Clivevon]

Originally Posted by DIJ

Re CE compliance - CE marking is an administrative marking that indicates conformity with health, safety, and environmental protection standards for products sold within the European Economic Area.
But as UK has now withdrawn from the EU and the Single Market, the situation re CE I guess will change , no doubt replaced by some other bureaucratic system.

Already in place - see:
https://www.gov.uk/government/public...ulations-2017:
"This guidance will assist your understanding of the regulations as amended at the end of the transition period on 31 December 2020 and includes obligations for manufacturers, their authorised representatives, importers, distributors and private importers."

[DIJ]

I can’t expand on any change consequent on UK withdrawal from the EU or what the current CE requirements are but from one source:-

Where is CE Marking Necessary?

Personal watercraft need to comply with the CE requirements regarding construction, noise emissions and design when they were put up for sale or if they were put into action in the EEA after 31st December 2005. That applies also for second-hand vessels or imports from countries outside the EEA.

Propulsion engines that were imported into EEA territory from third countries and were put to service in the territory of the EEA after the 31st December 2005 for spark ignition four-stroke engines and after 31st of December 2006 for spark ignition two-stroke engines. Those need to comply with the exhaust emissions standards, even if it is a second-hand product.

Recreational boats with the following hull length measures: 2.5 to 24m.
Recreational boats that are chartered or hired. This applies for boats that are not used for commercial passenger transportation and for boats that require a crew.

Vessels with water jet propulsion units need CE marking.

The above-mentioned requirements apply for vessels that were previously only used in countries outside the EU/EEA.

[Clivevon]

This document (Recreational Craft Regulations 2017, Great Britain) was last updated 8th January 2021 by the UK Office for Product Safety & Standards.

You guessed it. I'm bored in lockdown with time on my hands ...........

[billgewater]

Once, when things got tricky, you could "Run away to sea." Now if you try that they will drown you with regulations and paper work until you just sigh and quietly give up. I am convinced it was the paper work that brought the British Empire to its knees. No one could make a rational decision.
Wading through the paper work is probably the equivalent of getting a Ph.D. in agnotology (the study of the parameters of ignorance). You have taken on a Herculean task and I just hope the proffered advice helps. A good investment may be a crate of whisky to sooth the troubled mind and soul.

[jmschmidt]

None, just deflagged it US before the sale. Non-US citizens or companies cannot own a US flag vessel. Or sell it and let the buyer reflag it anyway he wants that is commensurate with UK laws or whatever laws apply to him/her.

[psp2psp2]

Originally Posted by Roniszoro

Hi All; I'm wondering what issues/problems one would have selling a US flagged sailboat in England aside from the VAT tax which, I assume, would need to be paid. Thank you in advance for your input. Ron

No easy answer to this one. A lot depends on who your buyer is: US citizen ? UK resident? Third-country national? Private individual or company? Your assumption regarding VAT is incorrect; you could be anyway liable for VAT even if you do not sell the boat. A knowledgeable broker will be able to help you sort your way through this,

[Tupaia]

Tartan 3700 - Is this the boat for sale?


If so Tartan have dealerships in Holland and Sweden so it is likely the boats satisfy CE and current UK requirements.

[Roniszoro]

Originally Posted by Tupaia

Tartan 3700 - Is this the boat for sale?


If so Tartan have dealerships in Holland and Sweden so it is likely the boats satisfy CE and current UK requirements.

I was just having a crazy idea for my last big sailing adventure (I'm in my later 70s) of sailing my boat from New England to Newfoundland and then to England and selling her there. I'll reach out to Tartan Yachts, as they have good customer service. My family, with reasonable justification, is hoping this madness will pass.