SilverSails

Many boats registered im Poland raise the wrong Polish ensign.
First one is the only one ensign which should be raise on the boat.
The second one is Polish national flag - not for use on the boat or vessel.

Over the past two years, several thousand yachts from outside Poland have been registered under the Polish flag.
Unfortunately, in many cases the owners were not aware of all the consequences associated with owning a yacht flying the Polish flag. According to the Maritime Code, all yachts flying the Polish flag are subject to Polish law.
In particular, there are regulations concerning yacht registration, safety (including compulsory equipment of yachts), equipment of yachts with means of communication and their registration and compulsory surveys and inspections of yachts. These matters are regulated in a total of six legislation acts. In most cases, companies registering yachts under the Polish flag only inform the owners about the requirements of the first of these registration regulations. However, not being familiar with Polish law does not mean that the law does not apply!
The most common breaches of the regulations concern failure to register VHF radios and other radio transmitters (like radar, AIS) and to obtain a CallSign number; failure to carry out the mandatory yacht survey/inspection. The latter applies to all leisure yachts with a hull length of more than 15m and to all yachts used for commercial purposes, with serious financial penalties for breach.
It cannot be ruled out that insurers of yachts registered under the Polish flag will refuse to pay compensation if it is found that the yacht involved in the accident was not equipped in accordance with the regulations or had not undergone the required survey or was otherwise in breach of Polish law.
Registration under the Polish flag is cheap and relatively simple, but has consequences that are worth knowing.
If you are interested in information on registering yachts under the Polish flag and the requirements involved, please contact me by email or PM.

Since the beginning of February, the maritime offices in Szczecin and Gdynia have been sending out summonses to domestic and foreign owners of seagoing yachts over 15m in length sailing under the Polish flag. On the basis of the Maritime Safety Act of 18 August 2011, the senders of the letters call on owners to immediately submit their vessels to technical inspections and subsequent safety inspections. At the same time, they inform that an owner who violates the applicable regulations enshrined in the Maritime Safety Act is subject to a fine of up to one million SDRs. (1 SDR = EUR 0.80). There are currently around 3,000 foreign commercial and recreational yachts over 15 metres in length flying the Polish flag. The action by the maritime authorities has caused concern among foreign owners who have chosen the Polish flag due to its convenience and relatively low cost (this applies, for example, to sailors from France and Spain). From a foreigner's perspective, registering a yacht in Poland is simple and inexpensive. In addition, recreational vessels (up to 15 metres) do not require any inspections or surveys and the registration documents have no expiry dates (they do not need to be renewed). If a foreign shipowner can register a yacht for 500, 600 euros (including the costs of intermediaries and fees for translating documents), it is hardly surprising that sailors are eager to take advantage of such an opportunity. Unfortunately, many intermediaries do not provide reliable information about the actual requirements enshrined in Polish regulations. Some, hoping to increase interest in their services, assure on their websites that yachts up to 24 metres in length are not subject to any inspections or surveys in Poland, which is obviously not true (our regulations are relatively liberal, but not that much). This is why many shipowners register their yachts under the Polish flag and then fail to follow the next steps: obtaining a radio permit and registering the radio station, radar or EPIRB and for the boats over15 m: technical survey, safety inspection,.
According to Polish law, in order to register a yacht, an application for registration and the issue of a registration document must be submitted to the chosen registration authority. Registration is effected on the basis of proof of ownership (VAT invoice, contract of sale, contract of exchange or donation) or a written declaration by the builder (in the case of home-built vessels). The following are subject to registration: yachts more than 7.5 metres in length or with a propulsion power of more than 15 kW, as well as craft sailing outside the territory of the Republic of Poland. After registering a yacht, the owner of the marine vessel should obtain a safety card (only yachts used for recreational purposes and whose length does not exceed 15 metres do not need this document). The safety card is issued after a technical survey and a successfully completed safety inspection. The costs of surveys and inspections depend on a number of factors. The most important of these are the length of the yacht, the power of the engine, the capacity of the batteries, the type of propulsion, the age of the vessel, the extent of the documents held and, of course, the location of the vessel. The initial survey includes the verification of the vessel before taking it under supervision and the issuing of the following documents: acknowledgement of construction and stability, certificate of dimensions and identification and seaworthiness certificate. The technical survey document is valid for five years. Depending on the age of the yacht and its technical condition, an intermediate survey (between the second and third year from the date of the document) or even annual surveys may be required during the five-year validity period. If a yacht has a CE Declaration of Conformity and less than 10 years have passed since its issue, the owner of a leisure yacht is exempt from the obligation to carry out a technical survey (this does not apply to commercial yachts). This means that the operator of a leisure yacht over 15 metres in length obtains the mandatory safety card on the basis of the declaration of conformity and a successfully completed safety inspection. This is identical for recreational yachts up to 15 metres in length, if their owner wishes to obtain a safety card voluntarily. The equipment required to obtain the safety card is specified in the regulation of the Minister of Transport, Construction and Maritime Economy of 28 February 2012 on the safe navigation of sea-going yachts.

Operating a yacht with the Polish flag requires a license to operate the radio equipment on the vessel. The owner or operator of a vessel is obliged to apply to the Polish Office of Electronic Communications for a “radio license”.
Along with the radio license, the Office of Electronic Communications gives the vessel a call sign, MMSI number (maritime units) and / or ATIS number (inland units) required by the international law on safe navigation.
An owner of the ship or the ship’s operator is obliged to provide a document confirming the authorization to operate radio equipment on the yacht to which the license procedure applies
(i.e. SRC or LRC).
In the case of an applicant who is not a citizen of the Republic of Poland, the Communications Office recognizes only the entitlements obtained from the Royal Yachting Association (RYA) or official state license.

Required documents for the boat registration in Poland
1. Owner's or his agent application for the registration of a vessel and issuance of a registration document.
2. Proof of ownership of the vessel.
Proof of ownership is in particular one of the following documents: VAT invoice, sales contract, exchange contract, donation contract, final court ruling on ownership, in the case of units built by the economic system - a written statement from the builder (The bills for the essential materials and equipment ie engine could be requested).
3. Attachments certifying the following information:
a. Data and address of the owner / co-owners and operator of the vessel (if other than owner):
- name and surname or company name,
- date and place of birth (in the case of natural persons)
- NIP (tax identification number) in the case of legal persons and organizational units without legal personality or other appropriate tax identifier (in the case of foreign entities)
- home address or registered office address,
If the owner of the vessel is a natural person, an copy of identity document is required: an identity card or passport with a photo confirming the identity and address.
b. Confirmation of de-registration of the vessel from another register in the country or abroad, if the vessel was previously registered,
c. Hull identification number or individual identification number (HIN, CIN, WIN, INI) - if granted,
d. Model and brand of the vessel,
e. The dimensions and parameters of the vessel,
f. Hull main material,
g. Year of construction and manufacturer of the vessel,
h. Type of watercraft propulsion, and its power, manufacturer / brand and engine number
(a copy of the engine documentation provided by the manufacturer or a picture of the engine with visible engine number)
i. The maximum permissible number of people on board the vessel - if specified in the E declaration of conformity or other documentation issued by an authorized entity,
j. Allowable wind force and wave height, if specified in E declaration of conformity or other documentation issued by an authorized entity.
k. Call Sign and the MMSI maritime radio identification number - if previously issued
4. current name of the vessel and new name of the vessel in the case of change
5. The selected home port of the vessel in the territory of the Republic of Poland, i.e. HEL, GDYNIA, GDANSK, SZCZECIN
6. CE declaration of conformity for the vessel and engine - if issued (CE has been introduced in 1993).
7. Document confirming the power of attorney (authorization) to settle matters related to the registration of the vessel matters – if an agent will be appointed.
Registration is done electronically, copies of documents are submitted. Original documents must be presented upon receipt of registration (in person or by proxy).
Additional information:
Boat registered under the Polish flag must be marked with the name on the bow on each side and on the stern, as well as the home port and registration number under the name on the stern.

Merry Christmas to all of our friends and customers!

Registration of the yacht under the Polish flag is easy and you can do that with us!