How to register a boat into the Croatian Register of Shipping and which law is applicable?
Author
Tiziana Paris, Attorney at LawA BOAT is a craft intended for seaborne navigation authorised to carry a maximum of 12 passengers, with a hull length of over 2.5 m and under or equalling 15 m, or with maximum motor power rating greater than 5 kW. In the Republic of Croatia, the definition of boats, the manner of their entry into the Croatian Register of Shipping, the boat registration requirements, the registration of lien on boats etc. is regulated by the Maritime Code (Official Gazette no. ) and the Regulation on Boats, Crafts and Yachts (Official Gazette no. 13/2020) which came into effect on 01 February 2020.
BOAT REGISTRATION
In the boat registration process, you can apply for the first-time registration either personally or through an authorised representative (for foreign nationals, it has to be a lawyer considering that these are administrative proceedings governed by provisions of the General Administrative Procedure Act) with the harbour master’s office or its branch office competent within a particular territory. In the Republic of Croatia, there is the Register of Shipping which came into effect on 01 January 2020 as a single register of vessels of Croatian nationality where vessels and vessels under construction, with the exception of warships, are entered.
Upon submitting the request, the purpose of the boat is defined. It can be a private, commercial or public vessel.
Boats built before 16 June 2000 cannot be entered into the Register of Shipping unless they have the CE marking in accordance with the applicable provisions of the Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational crafts.
The vessel is registered with the harbour master’s office or its branch office according to the place of residence (headquarters) of the natural person or legal entity of the boat owner or user.
If you are uncertain about which harbour master’s office is competent, you have to know the date when the application for registration was submitted to the harbour master’s office which is not competent in accordance with Article 254 of the Maritime Code, whereupon it will promptly record the application with the central information system for e-administration of the Ministry and submit your application with all the annexes thereto for consideration to the competent harbour master’s office.
Following the entry into the Register of Shipping, you need to make annual payment of:
- Fee for the use of the maritime domain
- Safety of navigation fee and pollution prevention fee.
You should also pay attention to other additional charges such as a berthing fee, regular and extraordinary inspection fees, boat tax, insurance, residence tax (if applicable), etc.
ENTRY OF CHANGES
In case of changes of data entered into the Register of Shipping, you must file a new data entry application with the competent harbour master’s office or branch office within 30 days of data change.
In case of ownership of vessel changes, the new owner of the vessel has to file a data change application in the Register of Shipping within 30 days from acquiring the right of ownership. Should the new owner fail to do so, the previous vessel owner is entitled to file an application to delete a vessel registration from the Register of Shipping.
DELETION OF A VESSEL
A vessel is deleted from the Register of Shipping:
- As authorised by the Ministry:
- If it has been wrecked or presumed to have been wrecked,
- If it no longer meets the requirements for boat registration in the register of ships set forth in the Maritime Code,
- If the owner so requests.
The boat shall be presumed to have been wrecked following the expiry of the three-month period since receiving the last news of the boat. In this case, it shall be presumed that the boat was wrecked as of the date of receiving the last news regarding the said vessel.
The owner of the boat is obliged to inform the harbour master’s office or branch office about the circumstances set forth in Paragraph 1 Item 1 of this Article within 15 days from the onset of the said circumstances.
Except as noted in provisions of Paragraph 1 and 2 Article 192 of the Maritime Code, the boat shall also be deleted from the Register of Shipping if the owner or user of the boat fails to pay the fee set forth in Article 51 Paragraph 6 of the Maritime Code for two consecutive years (safety of navigation fee and pollution prevention fee).
When mortgage exists on a ship, approval of the mortgage creditors shall be necessary for its deletion from the Register of Shipping.
LEGAL REMEDIES
An appeal against the decision of the harbour master's office which keeps the Register of Shipping cannot be filed, however administrative proceedings can be initiated within 30 days from the delivery of the decision (in accordance with Article 376 of the Maritime Code).
If the decision has been delivered to the party in the Republic of Croatia, appeals shall be filed within 15 days from the receipt of the said decision, and if the decision has been delivered to the party abroad, the appeal shall be filed within 30 days from the receipt of the decision (in accordance with Article 377 of the Maritime Code).