VARDIKOS & VARDIKOS diligent Ship Owners, … Ship Owners, Managers, Operators and Mariners and in...

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Page 1: VARDIKOS & VARDIKOS diligent Ship Owners, … Ship Owners, Managers, Operators and Mariners and in the Greek jurisdiction. In relevance with the Yacht Sector: The reek Law 4256/2014

ATTORNEYS AND COUNSELORS AT LAW, TAX CONSULTANTS ______________

AVOCATS À LA COUR DE CASSATION ET

AU CONSEIL D’ÉTAT, CONSEIL FISCAL _______________

RECHTSANWÄLTE, STEUERBERATER

3, MAVROMICHALI STREET, ATHENS 106 79, GREECE

Telephone: +30 210 36 27 889, +30 210 36 27 854, +30 210 36 11 505 +30 6934 55 55 55, +30 6937 22 88 88

Fax: +30 210 36 17 848, +30 210 33 87 088 E-mail: [email protected] Web: http://www.vardikos.com

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In the field of Yacht Registration, VARDIKOS & VARDIKOS proudly offers its services to diligent Ship Owners, Managers, Operators and Mariners and in the Greek jurisdiction.

In relevance with the Yacht Sector:

The Greek Law 4256/2014 (G.G.Α’ 92) “TOURISTIC YACHTS AND OTHER PROVISIONS” has been updated to allow any commercial pleasure yacht to be used by its owner or operator, when it does not execute a charter agreement, without any restrictions, for the sole purpose of the Owner’s or Operator’s pleasure and the exclusive use of pleasure yachts for pleasure - tour trips is abolished. An online “Registry of Touristic Yachts and Small Vessels” record keeping is established, where the following information shall be included:

The private and commercial pleasure yachts bearing the Greek flag

The commercial pleasure yachts bearing the flag of another EU member-state and

EEA country or the flag of a non-EU country, when they execute charters

between Greek ports

The commercial touristic day-trip boats

Other pleasure yachts and small vessels, which are obliged to pay the Residence

and Operation Fee (pursuant to the provisions of article 13 of Law 4211/2013)

COMMERCIAL PLEASURE YACHTS Requirements (regardless of its flag and subject to the conditions and terms referred to the mentioned regulation):

Certification by the competent authority of the tax administrative authority Their Registration in the Registry of Touristic Yachts and Small Vessels

The Registry shall also provide for online submission of the charter agreements. Activity of Commercial Pleasure Yachts – Terms and Conditions regarding their Operation

The conclusion of a whole charter contract (partial chartering is banned) The duration of the charter agreement may not be less than 8 hours The right to charter is held by the ship owners, operators, ship brokers, shipping

agents and tourist agencies Obligation to complete a minimum number of charter days

Page 2: VARDIKOS & VARDIKOS diligent Ship Owners, … Ship Owners, Managers, Operators and Mariners and in the Greek jurisdiction. In relevance with the Yacht Sector: The reek Law 4256/2014

ATTORNEYS AND COUNSELORS AT LAW, TAX CONSULTANTS ______________

AVOCATS À LA COUR DE CASSATION ET

AU CONSEIL D’ÉTAT, CONSEIL FISCAL _______________

RECHTSANWÄLTE, STEUERBERATER

3, MAVROMICHALI STREET, ATHENS 106 79, GREECE

Telephone: +30 210 36 27 889, +30 210 36 27 854, +30 210 36 11 505 +30 6934 55 55 55, +30 6937 22 88 88

Fax: +30 210 36 17 848, +30 210 33 87 088 E-mail: [email protected] Web: http://www.vardikos.com

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When the place of delivery and the place of re-delivery of the pleasure yacht are in the Greek Territory, it is allowed: The chartering to: (i) Passenger touristic yachts bearing the Greek flag or the flag of another EU member-state with carrying capacity of up to ninety-nine (99) passengers and (ii) Pleasure yachts bearing the flag of a non-EU or non-EEA country, provided that their main part is constructed by metal or plastic, they have a total length of more than thirty-five (35) meters and their carrying capacity is of more than twelve (12) passengers

Commercial pleasure yachts are allowed to sail without passengers, without the necessity of meeting any additional formalities, except for the case of damage

Minimum Number of Charter Days / Laying-up From the date of Yacht’s registration in the Registry the commercial pleasure yachts must complete every three years a minimum number of charter days. There is no obligation to complete the minimum number of charter days bearing the flag of Greece or of another EU member-state of which the corresponding VAT has been paid at their import or acquisition without being deducted or refunded. The Owner may disarm the Yacht for a specific period of time, which cannot be less than one (1) year nor more than three (3) years. Crewing - Departure Permit & Arrival Report

Total Length

Up to twenty four (24) meters More than twenty four (24) meters Chartering: No requirement of captain or crew to be on board

Must keep an organic crew composition

Recruit Crew : No obligation to keep any organic crew composition or open up a crew list

Crewing of yachts not bearing the Greek flag and Gross Tonnage is < 650 GT : Greek legislation applies, only as to the number and specialty.

If no Crew list is kept: A registered sailor, shall be insured in the Merchant Marine Fund by a list

Page 3: VARDIKOS & VARDIKOS diligent Ship Owners, … Ship Owners, Managers, Operators and Mariners and in the Greek jurisdiction. In relevance with the Yacht Sector: The reek Law 4256/2014

ATTORNEYS AND COUNSELORS AT LAW, TAX CONSULTANTS ______________

AVOCATS À LA COUR DE CASSATION ET

AU CONSEIL D’ÉTAT, CONSEIL FISCAL _______________

RECHTSANWÄLTE, STEUERBERATER

3, MAVROMICHALI STREET, ATHENS 106 79, GREECE

Telephone: +30 210 36 27 889, +30 210 36 27 854, +30 210 36 11 505 +30 6934 55 55 55, +30 6937 22 88 88

Fax: +30 210 36 17 848, +30 210 33 87 088 E-mail: [email protected] Web: http://www.vardikos.com

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PRIVATE PLEASURE YACHTS

Private Pleasure Yachts shall be registered in the Registry, after the conclusion and entry into operation of such Registry. Their registration in the Greek Ships Registry or any other EU member-state Registry shall be provided with DE.K.P.A. (Private Pleasure Yachts’ Traffic Document) and are granted by any Port Authority. Private pleasure yachts registered in a non-EU Registry shall be provided with a TRANSIT LOG and are no longer obliged to get a departure permit or to report their arrival. Chartering of Private Pleasure Yachts Private pleasure yachts, both motor and sailing, may be chartered and must be equipped with all applicable certificates as required (by their flag) for their class. Execution of a charter contract, in which the pleasure yacht’s embarking and disembarking takes place in the Greek Territory, is only allowed to:

Yachts registered in the Greek Ships’ Registry or in any EU or EEA Ships’ Registry and

Yachts registered in a non-EU or a non-EEA Ships’ Registry, with an overall length of more than 35 meters, provided that they are mainly constructed by metal or plastic, and they have a carrying capacity of more than twelve (12) passengers.

When the private pleasure yacht’s embarkation and/or disembarkation takes place in a foreign country, it is not subject to the above restrictions. No obligation to complete a minimum number of charter days and not any requirement to keep an organic crew composition.

Page 4: VARDIKOS & VARDIKOS diligent Ship Owners, … Ship Owners, Managers, Operators and Mariners and in the Greek jurisdiction. In relevance with the Yacht Sector: The reek Law 4256/2014

ATTORNEYS AND COUNSELORS AT LAW, TAX CONSULTANTS ______________

AVOCATS À LA COUR DE CASSATION ET

AU CONSEIL D’ÉTAT, CONSEIL FISCAL _______________

RECHTSANWÄLTE, STEUERBERATER

3, MAVROMICHALI STREET, ATHENS 106 79, GREECE

Telephone: +30 210 36 27 889, +30 210 36 27 854, +30 210 36 11 505 +30 6934 55 55 55, +30 6937 22 88 88

Fax: +30 210 36 17 848, +30 210 33 87 088 E-mail: [email protected] Web: http://www.vardikos.com

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ABOLITION OF LUXURY TAX IMPOSED ON PLEASURE YACHTS & OTHER REGULATIONS

The special luxury tax of 10% imposed on pleasure yachts is now abolished.

Hauling ashore and launching at sea that are falling under the scope of the new Law is allowed, without a special permission required by the Port Authority.

In the event of a yacht changing status the taxable value of the commercial

pleasure yachts is reduced.

Acquirement period of ownership or operation of a commercial pleasure yacht is increased from six (6) to twenty four (24) months. For yachts under construction, this time period is increased to forty-eight (48) months.

A Greek ship may also be deleted from the Greek Ships’ Registry upon the request of the ship-owner due to the change of its flag.

In order to receive a complete checklist of required forms for Yacht Registration, or to

obtain a quotation or for any further legal services please do not hesitate to contact us

at: [email protected]