Refuelling & Customs - Mediterranean

[Haddock1]

Hi All,

Firstly let me apologies if this question has been covered before but can't find a reference.

I am planning to do a passage in my sailing boat from Palma Mallorca to Corfu in the Mediterranean without stopping. I am a UK citizen and to maximise my Schengen time (90 days) I plan to clear out of the EU in Palma and clear in again on arrival to Corfu saving me approximately 7 days (rough cut passage time).

I am hoping that the 600 ltrs of fuel I carry will be sufficient but if I needed to stop and refuel do I need to clear in again with the customs at the country that I stop at and then clear out again?

Anyone faced the same issue or know the regulations on this subject in Europe?

[skipmac]

If you stop in a country, to refuel or even to anchor, you must be cleared into that country. In the case of Schengen that of course includes all the countries in the group. So if you officially clear out of the Schengen group then you will have to clear back in if you go back for any reason.

[Haddock1]

Originally Posted by skipmac

If you stop in a country, to refuel or even to anchor, you must be cleared into that country.

Thanks Skipmac, thought this would be the case. Another question if I may I understand that you need to be 12 miles off to be outside territorial waters. I plan to passage through the Massina straits which are only approximately 2 miles wide. Does this mean I need to check in to Sicily/Italy to traverse the straits?

[boatman61]

No.. just radio in your intention to transit to traffic (VTS) control on Channel 16.. they will advise and may request crew info and destination port.
They speak good English and are very efficient.

[skipmac]

Yes, what Boatman61 said.

Based on the generally recognized "Right of Innocent Passage". Basically if you're passing through a seaway, shipping channel or similar that is inside the waters of another country you are permitted to pass through (without stopping or any interaction with local boats, citizens, etc) without clearing customs.

Most countries recognize this but a few might not. And note the important points: passing through and shipping channel. Entering a harbor or similar even if you don't stop doesn't count.

[donradcliffe]

Unless things have changed recently, Gibraltar has a fuel dock outside the Shengen area

[edsailing]

Originally Posted by donradcliffe

Unless things have changed recently, Gibraltar has a fuel dock outside the Shengen area

But it's a few hundred miles in the wrong direction.....

[skipmac]

Originally Posted by edsailing

But it's a few hundred miles in the wrong direction.....

And he would still have to clear customs into Gibraltar. You always have to clear somewhere

[Va2shp]

Tunisia is an option

[Camille1]

I came the other way last August/September and, although I was EU checked in, in none of the various harbours entered did anyone ask any silly questions. Only the restaurants (some) asked to see vaccination certificates. I loaded fuel a number of times.
Of course, individual persons are subject to the 90 day rules but there are compliance rules for boats which affects VAT. if your boat was in EU waters on 31 December 2020 then my belief is that you are EU VAT compliant but you may need to prove it. Obtain a letter from the marina/harbour office to validate your EU location on that date. If you might take your boat to the UK at some future time then there are UK compliance issues. The other aspect is compliance with construction standards such as black tanks.

Issues might arise when you come to sell your boat.

If you are unsure about these matters by far the best you can do is join the Cruising Association whose documentation and video on these matters is superb (and they will respond to your specific questions).

My apologies if you already know all this.

[OldAlaskanSalt]

Originally Posted by Camille1

If you are unsure about these matters by far the best you can do is join the Cruising Association whose documentation and video on these matters is superb (and they will respond to your specific questions).

Could you post a link to the Cruising Association, please?

[boatman61]

Originally Posted by skipmac

And he would still have to clear customs into Gibraltar. You always have to clear somewhere

No, the fuel Dock is sealed off from the town etc apart from a gate for staff access.
You can arrive and join the queue of Spanish boats waiting to get cheap fuel, go alongside when it's your turn and fuel up and can even get duty free tobacco and booze without clearing in, just head back out and continue into or out of the Med.
Have done this many times as marina space is harder to get these days.

[SaltyMetals]

Old Alaskan Salt & Haddock,

Haddock: Skipmac is absolutely right about the clearing in/out and that is the formal regulation. In practice, if you stop for fuel in another Schenghen country on the way i very much doubt that you will be asked to check-in before you can get fuel. At the extreme they might ask where you came from but would have no idea that you actually checked out of the Baleares so would never imagine that they need to ask you to check in. In your case, it is likely to be Sardinia, Sicily or mainland Italy. They would be more interested in supplying you with fuel rather than beurocratic paperwork. (I have had my boat in Italian waters for the last 5 years). In any event, you would be checking out again the same day so there is no point.

The link to the Cruising Association is https://www.theca.org.uk/home . If recommended by another member you will get a discount on the first year. If you are a member of one of the Owners Associations (Haddock: i see you hv a Bavaria) then call up the sec and they will also give you a discount code. I have been a CA member for many years and am also a member of the Jeanneau Owners club. Think that there are now over 6,000 members of the CA all over the world. Some locations have what they call an HLR (Honorary Local Representative) who can be most helpful with local info, names of good specialists to get stuff fixed, local restaurants, connections to an airport, etc. The CA is particularly useful when it comes to compliance with VAT , Brexit, or the 90/180 day rules, Greek cruising regs and paperwork, etc. Also particularly useful with members' input for a CA App covering all sorts of marinas and anchorages and is a big selling point for the CA. Such info is only available to members. Cost of membership is £143.50/yr but you can get a 25% discount on the first year if recommended by a member or you get a discount code from an Owners' Association.

There are then a host of supplier discounts from Marinas, chandleries, sailmakers, equipment supply, etc. V Long list covering many countries. I find that the discounts i get more than pay for my annual membership. So the sooner you join the sooner you start saving! If you would like a recommendation from me pls send me a PM to let me know.
Best of luck
Andrew
"Genial Bee"
Current home port Ranieri/Bari, Italy.

[goboatingnow]

It’s important to remember that the letter of the ( Schengen ) law and its practical application are not the same.

In theory Schengen procedures only apply to approved border crossing mechanisms. They do not actually apply to arrival by private pleasure yacht.

However immigration authorities generally take a practical approach and assume ( unless they have good reasons to investigate further ) that if you clear in to a Schengen country you remain within the Schengen area unless you specifically leave it. That is visit another non Schengen country

As to Messina , transited several times , never bothered with VTS and they never bothered me.

Hence there is no need to clear out of Palma and into Corfu. In fact getting clearing out stamps is often difficult.

Note that time at sea between Schengen areas is not generally deducted from the 90 days. As in your can’t have it both ways. In other words to have the sea tune deducted would require a stopover in a non Schengen country.

[goboatingnow]

Of course, individual persons are subject to the 90 day rules but there are compliance rules for boats which affects VAT. if your boat was in EU waters on 31 December 2020 then my belief is that you are EU VAT compliant but you may need to prove it. Obtain a letter from the marina/harbour office to validate your EU location on that date. If you might take your boat to the UK at some future time then there are UK compliance issues. The other aspect is compliance with construction standards such as black tanks.

Yes you are correct re EU vat

Be aware that EU VAT status is lost if the boat is removed from the customs union even for a day. RTR is not available to non EU residents, re entry is then under TIP rules

If the Boat remains outside the U.K. for more then three years U.K. vat will be due on return
( or first arrival )

There are no construction compliance issues for any boat built to EU RCD directives either in the EU or in the U.K. ( under current U.K. retained law )

Hence its NOT a good thing for the OP to attempt to claim palma to corfu was outside Schengen , as in theory that invalidates your EU vat status.

Also note that duty free fuel in an EU boat means you have been outside the Customs Union , with the technical loss of vat status.

Thread carefully , people trying to play both sides of the coin can trip them selves up.

If you have a EU VAT boat you need to think like an EU resident.