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Legal Ease
Legal Ease Overview
This page is dedicated to trying to make Greek Marine legislation known and understood by you, the visitor (or potential visitor) to our country. Not accounting for any misunderstanding of the law I may have, you should consider the following rules and regulations to be valid until at least November 2004.

In my effort to make this information available I have been assisted enormously by the existence of the book “Limenomia”, written by retired Rear Admiral Aggelos Argyrakopoulos, who also gave us his kind permission to use the information therein.

I have decided on a loose translation, adhering not to every word, but instead preferring to distill the essence of the information, rather than get bogged down in legal terms and notes. To give you an idea of the complexity of the subject at hand, the book “Limenomia” is in A4 format and adds up to 824 pages. It also weighs a few kilos.

For the sake of ease and clarity, I have organised the information into six (6) categories:
1) Definition of  EU registered and/or flagged yachts as opposed to non-EU registered or flagged; 2) Obligations of above mentioned yachts upon arrival and during their stay; 3) Chartering in Greece; 4) Diving in Greece; 5) Fishing in Greece; 6) Funny and obscure marine laws in Greece.
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1) Definition of  EU registered and/or flagged yachts as opposed to non-EU registered or flagged

An EU registered yacht is:
1) Registered in an EU member State, a European Economic Area (EEA) State or a European Free Trade Agreement (EFTA) State.
2) Registered in a country upon whose land the European Community treaty is effective.
The European Union countries are: Austria (EUR); Belgium (EUR); Denmark; Finland (EUR); France (EUR); Germany (EUR); Greece (EUR); Ireland (EUR); Italy (EUR); Luxembourg (EUR); Netherlands (EUR); Portugal (EUR); Spain (EUR); Sweden; UK and N.Ireland; Cyprus (Greek part); Czech Republic; Estonia; Hungary; Latvia; Lithuania; Malta; Poland; Slovakia; Slovenia.

The EEA and EFTA countries are: Norway; Liechtenstein; Iceland.

Also considered EU member State registered are yachts from the following registries:
a) International registry of Denmark (DIS)
b) International registry of Germany (ISR)
c) International registry of Madeira (MAR-Portugal)
d) Canary islands registry (Spain)
e) International registry of Norway.

A small exception is that yachts registered with the above registries should get their agent to procure a confirmation from their countries' authorities stating that they are allowed to transport people within EU bounds, and show it to the port authorities in Greece before they start any chartering activities in Greece.

Exceptions to the above, (and liable to pay cruising tax) are yachts registered in:
1) Kerguelen islands
2) French Polynesia
3) Dutch Antilles
4) Hong Kong, Isle of Man, Bermuda, Cayman Islands, Channel islands.

Also yachts registered in Gibraltar, but under EU member State flag, are exempted from the Cruising tax; whereas yachts registered in Gibraltar under Gibraltar flag are not exempt.

2) Obligations of above mentioned yachts upon arrival and during their stay

-All yachts entering Greek waters should take care to show a Greek courtesy flag of a reasonable size (err on the big side…) Faded or tattered flags can be a source of trouble especially with the Greek nationalist element so strongly represented within the Port Authority personnel.

-Initially Pleasure yachts over 10 meters were required to be supplied with a DEKPA (Note Greek acronym) which would be stamped upon entering or leaving every port in Greece. This has now been changed (I must presume for practical reasons…) and even though you are still required to have the DEKPA, you need only get it stamped once every 30 days. Yachts that have been supplied with a Transit Log do not need to have a DEKPA at all. The cost of a DEKPA is 30€.

-Non EU flagged yachts are obliged to have a Transit Log. In more detail:
a) A non EU flagged boat arriving in Greece under the command of a non EU citizen gets a transit log which is renewable every 6 months indefinitely.
b) A non EU flagged boat arriving in Greece under the command of an EU citizen gets a transit log for 1 month non-renewable. At the end of this time the yacht must either leave the country or it must be imported and pay all necessary dues (VAT etc!!). Importation of the yacht does not necessarily mean registering under Greek Flag. After the import duties have been paid the yacht may be supplied with a normal Transit Log, if it still remains under non-EU flag.
c) In the special cases of yachts registered in non EU countries but flagged with an EU member state flag, the rule depends on the citizenship of the commander.

-Take care at all times to keep an updated crew-list on board. You will be asked for it often, especially when entering or leaving some of the bigger ports. It should accompany the rest of the ship’s papers.

-If asked to show your yachts papers to the port police, you should do so. ASAP!

-The famous Cruising Tax. There is mention of this in the Greek Maritime Laws but it has recently been amended to only apply to non EU flagged boats. The cruising tax is paid for a three month period of stay. This period starts from the yachts first arrival in Greece, which can be ascertained from the Transit log or other means. If the yacht leaves the country and stays abroad for over a month, the 3 month period is renewed. Time spent on land (boatyard) counts.

-In the event of problems ie running aground, being adrift without steerage, or needing a tow, bear in mind there is no such thing as the RNLI in Greece. The port police will call in one of the tugs, at possible great cost which you will be asked to cover. Also according to Greek Maritime law any boat involved in such a situation cannot be allowed to continue its journey unless inspected by the Greek Surveyors Authority both afloat and on the hard. (more cost…) only if the surveyor confirms the seaworthiness of the yacht in question will it be allowed to leave.

-It is forbidden to handle a boat under the influence of alcohol. A few years ago the Greek Port Police started alcohol-testing skippers on small boats and yachts.

3) Funny and obscure marine laws in Greece

-All vehicles moving in the port areas should be clean. It is strictly forbidden to clean vehicles within the port areas (?)

-Use of car horns is strictly forbidden in port areas except in absolute need…

-Bathers  are obliged to wear sensible attire, nude bathing being prohibited to all males over 5 yrs old and females over 3 yrs old.(??) Note: on 4-7-1984 port police authorities were informed officially to disregard matters pertaining to the bathing attire of young persons. Also in actual fact port police jurisdiction has been minimized and does not essentially extend to beaches, especially the ones further away where nude swimming may be practiced without problem.

-A little gem. If putting in to a marina due to bad weather you are not required to pay any marina dues until the weather improves. (Improvement to be announced by port authority)

4) Chartering in Greece

-It is forbidden for both Greek flagged and foreign flagged private yachts to charter or even advertise with intent to charter. I stress advertise as this is pointed out in the laws where it actually says “in any country and in any way”. So I presume there is someone in a little office somewhere reading all those obscure yachtie mags like “Latitudes and Attitudes” and scanning them for ads…

-The distinction between private and professional is that a professional yacht must either have a Greek chartering license, if it is registered under Greek flag, or, if registered in an EU country, must fully comply to the laws governing professional yachts in said country.

-There is a loophole for the larger yachts which are usually non EU flagged in that it is possible in certain cases for these yachts to get a sort of one-off license by ministerial decree.

-Fines. If found to be illegally chartering you face a fine ranging from 15.000€ to 150.000€ and a possible 2 year prison sentence.

5) Diving in Greece

-Scuba diving is only allowed in certain parts of Greece. Greece is just as rich in archaeological treasure underwater as it is on land, if not more. This is the reason diving is controlled. However each year more and more areas are declassified.

6) Fishing in Greece
There are many laws governing fishing in Greece, but the most important ones are:

-In order to fish legally you need to be supplied with an amateur fishing license.

-Spearfishing and fishing with nets is prohibited during May.(Spawning season)

-Also fishing with the aid of scuba gear is STRICTLY forbidden. In actual fact if you happen to be diving and any form of fishing gear is found on your boat, it is most likely you will be arrested and the boat impounded. The idea of fair play for fish is going strong in Greece. On the other hand any mention of non-barbed fishing hooks to Greek fishermen provokes gales of laughter.

-You are not allowed to fish over 5 kilos a day, with the exception of catching 1 fish weighing more (Good for you, if you do!!)

Note 1: Greek laws have a bad habit of having many amendments. These tend to go backwards and even forwards sometimes, making it very difficult to keep track and reach a final conclusion. I have made every effort and Mr. Argyrakopoulos has made even more to get it all together and make sense of it all. However I cannot accept any responsibility if upon contact with the authorities you find that one of the laws mentioned here has changed or is even being interpreted differently I stress this last point as it is not uncommon to find that various port authorities, often from neighboring islands, tend to view the same law in a different light.

Note 2: While reading the laws, I have also found reference to a person’s rights in dealings with the port authorities. As most of these apply to situations most of you I am sure will avoid, I would rather not include these here. If you are interested to find out more details please e-mail me

Annoucement
Recently there has been a lot of talk of income tax to be paid by yacht owners, who keep their boats in Greece, based on the size of yacht. As I write this I have yet to receive official confirmation of this. The Gouvia Marina management kindly gave me a copy of a fax they received from the ministry regarding this matter. According to them there is no such law. However, a customer of ours in Germany sent me a Tax Bulletin issued by Price-Waterhouse-Coopers, which refers to  a Circular issued on 14-6-2005, regarding this matter.

The circular states that owners of boats in Greece who posses and use a private leisure boat in Greece, which comes with a TRANSIT LOG of indefinite life, must file a Tax Declaration, thus making them liable to pay taxes. There is an exception, as regards boats used for tourism, cruises, scientific research or work who do not need to do this.
Essentially what the circular says, is that ownership of a foreign flagged yacht can be used to calculate “imputed income” as per the greek tax system.

I must stress the following points:
  • I have never heard of a TRANSIT LOG of indefinite life.
  • There is no mention of the exact definition “for tourism” etc.
  • The application of this falls under the jurisdiction of the local tax offices. It is not uncommon for different tax offices in different parts of Greece to “understand” a law in different or even opposing ways.
  • There is no setup in the local tax office to determine application of this.
  • I have also contacted a lawyer of the High Court (Arios Pagos) in Athens, who specializes in these matters, and he has not heard anything either. He also stated that there are very clear International laws covering matters of dual taxation (not possible…)
  • The bottom line is: the circular is so vague it is more than likely not possible to apply it.

However, next week I will be sending a written request to the ministry for a definition, based on a specific example (no names…) As soon as I have more news I will post it on site. Stay tuned…

Update 7/2007 - The above has been proved completely inconsequential and nothing more has been heard about this tax.
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