Since the United Kingdom’s withdrawal agreement from the European Union came into force, the yachting sector in the Mediterranean has undergone profound changes. The end of the transition period on 31 December 2020 has established the UK as a third state vis-à-vis the EU. This led to the signing of a Trade and Cooperation Agreement between the two parties to govern their relationship. Although the Brexit has attracted a great deal of attention, it has received less media coverage as far as seafarers are concerned, despite the significant consequences for this sector. The new customs restrictions and changes to the rules of navigation have created a climate of uncertainty for the yachting industry. They have had to adapt quickly and understand in detail the new standards and procedures in place.
Residence permit required to work in French waters and territory
Since Brexit, British sailors have found themselves in a new situation with regard to their right to work in French waters and territory. Prior to the UK’s exit from the European Union, these seafarers in fact benefited from the free movement of workers, allowing them to work in France without requiring a specific residence permit. Since 1ᵉʳ January 2021, however, the United Kingdom has become a third country. British seafarers are, therefore, required to obtain both a residence permit and a work permit to work in France.
For British seafarers calling at a French port, access to waters and ports is in principle guaranteed by international and European texts governing freedom of maritime movement. However, there are still grey areas as to the precise definition of a stopover, which can complicate the situation for some sailors. On the other hand, for British sailors working regularly in France, particularly in the yachting sector, the administrative formalities are proving more arduous. They now have to obtain a work permit. This can be a long and complex procedure. Despite these changes, it is important to stress that British seafarers are not entirely excluded from working in France and the European Union.
Brexit: a barrier to the recognition of qualifications for Anglo-Saxon crews?
With the entry into force of Brexit, many questions have arisen about the recognition of the qualifications of Anglo-Saxon crews on board vessels sailing under the French flag and in French waters. This issue particularly concerns the professional yachting sector, where many yachts based in south-east France employ Anglo-Saxon crews. These vessels are often registered in Commonwealth member states. The recognition of foreign professional qualifications is regulated by the International Convention on Standards of Training for Seafarers (STCW), adopted in 1978 and amended in 1995 and 2010. Prior to Brexit, British seafarers performing operational or managerial duties on board French ships were required to obtain a visa for recognition of their qualifications. However, British seafarers working in support functions were automatically recognised.
However, the post-Brexit trade agreement between the EU and the UK does not provide for mutual recognition of seafarers’ professional qualifications. This leaves uncertainty as to the procedures to be followed. The French administration has indicated that, in the short term, it will continue to issue recognition visas to British seafarers wishing to sail under the French flag. In the medium term, the European Commission could also authorise Member States to conclude bilateral agreements with the United Kingdom in accordance with Directive 2008-106/EC.
However, it is likely that the current system for recognising British qualifications will not be significantly affected by Brexit and will remain compliant with the STCW Convention. Uncertainties remain, however, particularly for British officers working on foreign ships sailing mainly in French waters.
Does Brexit have an economic impact on the yachting industry in the Mediterranean?
British customers make up a significant proportion of the yachting market in the Mediterranean. The post-Brexit economic relationship between the UK and the EU has led to financial uncertainty, making British investors in the Mediterranean yachting sector cautious. The change in the UK’s status has had a direct impact on client and investment flows. The new customs restrictions and stricter administrative formalities could therefore have a considerable impact on the latter, prompting them to reconsider their choice of destinations for their yacht escapades.
Faced with these upheavals, companies in the sector must quickly adjust their strategies to adapt to this new economic context. Diversification of target markets must be explored, for example by looking to other regions such as Asia or the United States. This will help to offset the possible decline in UK customers.
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