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Deleted User YDKXO
Guest
That is the crux of the matter. The EU takes the view that the availability of marked diesel to private users and the different level of duty applied to it compared to diesel used for other forms of private propulsion contravenes EU directives. As I understand it, the EU directives require the same level of duty to be applied to all diesel used for any kind of propulsion purpose in order to stop individual EU countries favouring their own specific industries with reduced duty rates. In other words, in the EU's terms, the 60/40 reduced duty rate favours the UK marine fuel supply industry and the UK boating industry and is anti-competitve. What the EU wants to see is diesel sold at the same duty rate as all other types of diesel used for propulsion (ie road diesel duty rates) with, if necessary, rebates given to commercial users and if diesel is to be marked (ie red), it should only be sold to commercial users.I'd only add that this is prima facie the case, though as i've said many times, I suspect this is a tactic to ultimately try and get rid of the 60/40 split.
The whole 60/40 duty rate only came about because, at the time, the UK's road diesel duty rates were so much higher than the rest of the EU that it was deemed to be too much of a financial shock to the UK boating industry to apply road diesel duty rates to red diesel used by private users. So, in effect, the UK has to blame itself for this situation to some degree because of the excessively high rate of duty applied to road fuels