Dutch Diesel Scam

[Bergman]

Well yes thats true.

But they will do that whether I go there or not.

So I might as well go there and perhaps reap a little benefit

 

[Bergman]

Yes

Why do you seem surprised?

 

[Superflid]

Here's a genuine reply from the top which should make it clear.....


EUROPEAN COMMISSION
DIRECTORATE-GENERAL COMMUNICATION
REPRESENTATION IN THE UNITED KINGDOM
LONDON

London, 13 June 2007

As requested, please find herewith a copy of my emailed advice of 27 April 2007:- “I have received a reply from the Directorate-General for Taxation and Customs.

Their finding are as follows:

The United Kingdom' s derogation from the general provisions of the energy taxation directive(1), allowing the UK to apply a reduced rate of excise duty to fuel used in navigation in private pleasure craft, expired by the end of 2006.

The Commission communication of 30 November 2006(2) explains the reasons why the Commission did not propose an extension of the derogation in question, as requested by the UK. Therefore, from January 2007 onwards, the general provisions of the energy taxation directive also apply for the United Kingdom. However, the UK does not intend to reflect these changes until November 2008.

HM Revenue & Customs' web-site carries a budget note (BN) on the expiry of derogations, see:

http://www.hmrc.gov.uk/budget2007/bn70.htm

which explicitly quotes the 1st November 2008 as the date by which fuel used for the purpose of private pleasure flying/boating will no longer benefit from the current reduced and exempt rates of duty.

According to the Community excise legislation and the jurisprudence of the European Court of Justice, in case of fuel transported in the normal fuel storage tank, the excise
duty is chargeable in the Member State of acquisition according to the national rules. It falls upon the Commission to enforce the compliance of national legislation with Community law.

Consequently, in the meantime, people can acquire red diesel in the UK and use it legally in another member state of the European Union, if transported in the normal fuel storage tank.

I hope this is of assistance."

Best wishes

Marguerite-Marie Brenchley
Outreach Section

(1) Council Directive 2003/96/EC of 27 October 2003 restructuring the Community
framework for the taxation of energy products and electricity -
http://eurlex.
europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32003L0096:EN:HTML

(2) Commission communication COM(2006)743 -
http://eur-lex.europa.eu/LexUriServ/site/en/com/2006/com2006_0743en01.pdf

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