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  #831  
Antiguo 07-06-2018, 14:36
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Originalmente publicado por Javi-Miss Regina Ver mensaje
¿Quien me pasa la carta en inglés para mandársela a mi amada embajada británica?


esto es un copia y pega traducido con google,mia ver si te vale,es que ahora estoy en el trabajo

Subject: Future draft Spanish ministerial decree on Belgian flag vessels

gentlemen,

My name is --------------, I am a Spanish citizen with the national identity card No. ---------------- and the residence in -------------, Spain. I own the pleasure boat "-------------------------", registered with the Federal Public Service Mobility and Transport with Letter of Pavilion nº B- ------------.

The reason for this letter is to inform you, if this may have an impact for you, that the Directorate General of Merchant Shipping (DGMM) of the Ministry of Public Works of Spain intends to implement a project of Ministerial Decree to regulate safety equipment and pollution prevention of pleasure craft.

This project is available on the following link:

https://www.fomento.gob.es/MFOM/LANG...R_11052018.htm

The text of Article 2.1 (c) of the draft provides for its application to all recreational craft "which operate in Spanish internal maritime waters or the Spanish territorial sea, irrespective of their flag State, and which belong to natural or legal persons who have their residence or registered office in Spain, or whose employer has his residence in Spain whatever the nationality of this one. "

In my opinion, the attempt to apply this project to pleasure craft bearing the flag of other countries of the European Union is a violation of the sovereignty and the interference of the powers of those states, which already have their own regulations applicable to pleasure craft flying their flag and that no other State may repeal, modify, substitute or arrogate to itself.

Likewise, I inform you that the state of the Belgian flag of the vessel I own has been realized as a citizen of the EU, in accordance with the law applicable in Spain (Law 39/2010), which allows the cancellation of flag of the Spanish Register provided that the payment of the corresponding fees has been made, and in accordance with the regulations in force in Belgium (Royal Decree of 4 June 1999), which allows the registration in the Belgian Register of pleasure craft of the citizens of the EU.

The reasons for such a flag state can be summarized according to the following aspects:

- The Spanish legislation is inspired by the regulations for large commercial vessels, so it is not adapted to the particularities of pleasure craft. In particular, the penalties established by these rules in case of an offense are governed by formal criteria rather than treating the actual risk or seriousness, and are very high, to the point that, sometimes, they are greater than the market value of the offense. boat.

- Spanish legislation requires, in addition to CE marking equipment, special approval requirements that do not add to the characteristics of these equipment, make them more expensive and prevent advanced products from being installed on board. It also requires that the installation of the equipment can only be carried out by companies approved by the DGMM, which prevents free competition.

- Spanish legislation imposes mandatory deadlines for the revision of equipment below those recommended by manufacturers, and requires that these revisions can only be made by companies authorized by the DGMM, which again hinders free competition.

For all these reasons, and under the principle of the free movement of goods and people within the EU, I decided a few years ago to change the flag of my boat, by adopting the Belgian flag because the Belgian law allows me to equip my boat and carry out the maintenance in an efficient way and with modern equipment, while increasing the safety and that of the people who sail aboard my boat.

Finally, I would be grateful if you could confirm to me in writing the following points:

- that EU citizens can freely apply for membership of the Federal Public Service Mobility and Transport of pleasure craft which they are legitimate owners and receive the corresponding Letter of Pavilion, which characterizes them as Belgian-flagged vessels, provided that instructions issued by the Belgian authorities are fulfilled and that the corresponding fees and charges are paid.

- that the regulation and the possible inspection of the equipment to be carried out on board ships having a Belgian flag letter corresponds exclusively to the Belgian authorities, and is carried out in accordance with the Royal Decree of 15 March 1966 and the provisions which modify it irrespective of the nationality of the owner, the basic port of the ship and the waters on which it sails.

Waiting to hear from you,

Regards,
3 Cofrades agradecieron a HIPPIE este mensaje:
Javi-Miss Regina (07-06-2018), port bo (08-06-2018), victoria (07-06-2018)