Sailing under the Belgian flag

Do you wish to register your pleasure boat without flying the French flag?

This is possible because you can choose a flag of convenience and another nationality for your vessel. The Belgian flag has long been highly sought after due to its many advantages.

What about today? Can you still freely choose this flag? Bateau-immatriculation.com takes stock of the situation.

It is not mandatory to be a Belgian citizen to obtain the flag, but one must at least be a tax resident of the country, whether an individual or a legal entity (company).

Flying the Belgian flag allows recreational boaters to sail with any motorboat, regardless of its power, without a boating license.

It is also attractive to boaters because it does not recognize navigation categories, only categories determined by the manufacturer. Thus, it is possible to navigate in offshore and semi-offshore zones without a specific license and without having certain safety equipment on board, such as a life raft.

However, these advantages are now exclusively reserved for Belgian residents.

Finally, like France, Belgium is changing its administrative procedures. It is merging registration and flag application into a single procedure: registration.

The opening of internal borders within the European Union in 1993 authorized all recreational boats of all nationalities to navigate throughout its territory. All that was required was to comply with the regulations of the country whose flag was flown to navigate legally. It was at this point that the Belgian flag became very popular with many European nationals because it was less strict than many others.

But when the Leroy Law for the Blue Economy was promulgated on June 20, 2016, it put an end to French boaters' enthusiasm for the Belgian flag. Indeed, since that date, navigation in French territorial waters must comply with French legislation, regardless of the flag flown, as if the boat were flying the French flag. It is therefore necessary to comply with safety and navigation rules: a compulsory license varying according to the area, essential safety equipment on board, etc.

The text of Law No. 2016-816 of June 20, 2016 explains it in these terms:

"In order to encourage the yachting sector,

Art. L. 5241-1-1.- Regardless of their flag, pleasure craft and motorized personal watercraft belonging to natural or legal persons whose main residence or registered office is in France, as well as pleasure craft and motorized personal watercraft which these persons have the use of, are subject, in French territorial waters, to all rules relating to navigation licenses and to the equipment and safety material applicable on board pleasure craft and motorized personal watercraft flying the French flag."

Of course, this law only applies in French waters. When you leave them, you apply the rules of the Belgian flag again.

Thus, the Belgian flag lost its appeal for French boaters navigating in French territory. A further blow was dealt to it with the Passport Duty.

In France, the Annual Francization and Navigation Duty (DAFN) is a tax applied to pleasure boats flying the French flag if:

• their hull length reaches or exceeds 7 meters, regardless of engine power
• their hull length is less than 7 meters but they are equipped with an engine of at least 22 administrative horsepower
• their actual power reaches or exceeds 90 kW for a personal watercraft (PWC).

To prevent owners from choosing a flag of convenience, such as the Belgian flag, to avoid this annual tax, France has implemented a Passport Duty for all other boat nationalities. Its amount is strictly identical. Like the DAFN, it simply varies according to the hull length and the age of the pleasure craft.

Although Belgium is very flexible on navigation permits and safety equipment, its flag still has a few drawbacks.

Unlike the French and Polish flags, which are valid for life, the Belgian flag is only valid for 5 years. You will therefore have to regularly apply for a renewal for your boat or PWC.

When you apply for your Belgian flag letter, you will have to pay a registration tax if your vessel is over 7.50 metres long. Payable once only, it amounts to €2,478 if the boat is new. For a used boat, it decreases by 10% per year of age.

Good to know: the processing time for obtaining the Belgian flag is quite long, and it takes 2 to 3 months, depending on the period, to receive your letter.

While a navigation permit exists and remains optional at sea, it is compulsory in certain cases for navigating in Belgian inland waters:

• if the hull length is over 15 metres
• if the boat can reach a speed of 20 km/h, regardless of its propulsion method.

Finally, VHF is compulsory on board, with a dual VHF if the boat is over 20 metres long.

No, you will be obligated to pay VAT on a new boat if you register it in Belgium, as in any other EU country. VAT applies to a new boat purchased in a member state or imported from a non-EU state.

However, it does not concern second-hand sales procedures between individuals. You will also not have to pay VAT if it has already been paid by the previous owner or if you plan to sail exclusively outside intra-community borders.

Yes, you can insure a vessel flying the Belgian flag in France. As a pleasure boat insurance provider, April Marine is a partner of Bateau-immatriculation.com. They offer various services and guarantees, comprehensive or third-party depending on your needs.

To register your pleasure boat in Belgium, you can entrust your administrative procedures to Bateau Immatriculation.com. Our professionals handle the entire registration process and obtain the Belgian flag from the competent Belgian authorities.

If you prefer to opt for the French flag, we take care of its registration at the DDTM (Departmental Directorate of Territories and the Sea) of the maritime district of your choice. We also offer to handle applications for foreign flags (Dutch flag, Polish flag, British flag).