Problems taking red diesel into Holland!!!

[jimg]

Saw this posted on Scuttlebutt.....would not like to pay the fine on a few thousand litres of red!

http://www.ybw.com/forums/showflat.php/Cat/0/Number/1466205/an/0/page/0#1466205

 

[neale]

As far as I know, as long as the red was bought in the UK and carried in the boats mains tanks, it is perfectly legal to use anywhere in the EU.

The important thing is to keep a record of the purchase and maybe a log of boat hours run since purchase to prove said diesel is the same as that on the invoice.

 

[jimg]

Let's hope so! Trouble is if a Customs man insists what do you do?

 

[kingfisher]

See my comment on the scuttlebut forum. Basically Neale is right. Carrying red diesel in Holland is illegal, unless you can prove otherwise. So you need to keep a receipt to show that the red was bought legally.

 

[Marsupial]

Hi

Lots of issues with that "story" for example, was the boat registered or on an SSR? if not then it was "under the jurisdiction of whatever state the customs men wanted it to be" - so if they decided that it was Dutch then they would fine "the boat" for breaking Dutch law. Simple! So if it was UK registered or non EU then they had no reason to dip the tanks.

I suspect there is a bit more to the story than is told.

 

[Andrew38]

I was inspected by Dutch customs at Vlissingen about 3 years ago but they never looked at the diesel. More interested in whether VAT had been paid. Travelling on I was being offered red diesel by marinas as I had a diesel heater on board!

Red was easilyavailable, if you were tempted, by pumps that supplied fishing fleets

 

[jimg]

Posted by Vitalman on Scuttlebutt.............

Hi Gwylan

I had an interesting conversation with Dutch Customs this afternoon. It went like this....

Yes they are very aware that most people do not keep their diesel receipts.

It is up to the skipper to have the receipts showing the diesel was purchased prior to 1st Jan this year 2007.

Next year there must be no traces of red diesel in the system of a yacht

No they are not interested in the fact that it's completely impractical to clean red diesel traces from yachts systems. If there is a trace you will be breaking the law if caught with traces from the end of this year. If you can't be certain you are clear then don't come to Holland after 1 Jan 2008

If you can't show a diesel receipt before 1st Jan this year - don't come to Holland

They will not discuss it . They will only say what the law now is and that they intend to follow it to the letter. It is up to us to comply not for them to listen to any arguments.

Somehow I feel that there will not be many british yachts going to Holland after the end of 2007.

 

[jaws]

Received and interesting email from the Dutch Embassy.

Dear Mr Hogg,

Thank you very much for your enquiry regarding the use of red diesel on pleasure crafts to the Netherlands. In the meantime we have received a number of emails about this matter and therefore I have contacted both Dutch Customs and HM Revenue & Customs.

I have received a letter from HM Revenue & Customs stating the following about red diesel:

QUOTE "On accession to the European Union, the UK policy of charging the reduced rate of duty for diesel used in pleasure craft was allowed to continue under derogation from the relevant EU Directives (initially the Oils Structure Directive (92/81/EEC), which was replaced by the Energy Products Directive (2003/96/EC)). The derogation was originally due to expire in 2001 but was extended for a period of five years.
The UK is one of five Member States with derogations, under the Energy Products Directive permitting the use of red diesel in private pleasure craft, the others being Ireland, Belgium, Finland and Malta. The derogations held by Member States under this Directive expired at 31 December 2006.

From the above it can be seen that pleasure boats sailing in the Netherlands territorial waters were never allowed to use red diesel, i.e. the Netherland position has never changed. Obviously the owners sailing there from the UK are not aware of this anomaly and have now been found in breach of the legislation that has always existed in the Netherlands and to which they should have always complied." UNQUOTE

The Dutch Customs have received a copy of this letter.

I hope the above information is satisfactory. If you have any further queries please do not hesitate to contact me.

Hoping to have been of assistance.

Yours sincerely,

Suzanne Bosman

Embassy of the Kingdom of the Netherlands
Economic Department
38 Hyde Park Gate
London SW7 5DP
Tel. +44 (0)207 590 3256
Fax +44 (0)207 581 3450
Website: www.netherlands-embassy.org.uk

 

[jimg]

MBM have picked it up.......
http://www.ybw.com/auto/newsdesk/20070511160915mbmnews.html

 

[duncan]

if only I had had that gem - my response would be...........

following the logic presented here it would seem that any Netherlands vehicle crossing into the UK should either have empty fuel tanks or pay the UK rate of duty for the fuel in them during the vehicles use in the UK

 

[hlb]

"From the above it can be seen that pleasure boats sailing in the Netherlands territorial waters were never allowed to use red diesel," /forums/images/graemlins/confused.gif

Well, so much for the EEC and free passage. What the hell are we supposed to do. Stop half way across and dump the red overboard!

 

[Major Catastrophe]

I got a similar e-mail as well today.

Just in case no-one got her e-mail address, it is Suzanne.Bosman@minbuza.nl. /forums/images/graemlins/grin.gif

 

[jaws]

It's good to know that we are not the only country with daft rules and jobsworths to police them.

 

[jaws]

You've got to love this gem from Suzanne

Dear Mr Hogg,

Thank you very much for your email. I have just contacted HM Revenue & Customs again and have been told that white diesel is widely available in the UK and that this needs to be used for pleasure crafts.

I have forwarded you the information which I have received from HM Revenue & Customs themselves regarding the law about this matter.

Hoping to have been of assistance.

Yours sincerely,


Suzanne Bosman

Embassy of the Kingdom of the Netherlands
Economic Department
38 Hyde Park Gate
London SW7 5DP
Tel. +44 (0)207 590 3256
Fax +44 (0)207 581 3450
Website: www.netherlands-embassy.org.uk

 

[hlb]

Please ask Suzanne, where I get some from and would she mind storing my red till I get back. It should fit easily into about a hundred buckets so would fit in her lounge.

 

[boatone]

[ QUOTE ]
It's good to know that we are not the only country with daft rules and jobsworths to police them.

[/ QUOTE ]

No it's not....it's bloody depressing !