oldgit
Well-Known Member
Lifted wholesale from Burham Bobs post on Sailers Forum
"Despite the RYA assurances etc and the Government's best endeavours, this is the latest reply from my Euro MP - and it looks like we're stuffed.
Dear Mr Calver,
I have seen the response to you from the Belgian Embassy, and can confirm that their interpretation of the law is correct.
The UK secured derogation from the Energy Products Directive allowing it to apply a reduced rate of excise duty on red diesel for private pleasure boating. In December 2006 this derogation fell, with effect from November 2008.
HMRC reduced the rebate on red diesel but did not entirely get rid of it, so the UK remains in breach of the EU directive.
You will see attached the letter from the Tax and Custom Union DG of the European Commission. This confirms that it is not Belgian but UK law at fault.
The Commission has already addressed to the UK a letter of formal notice on this matter , which is tantamount to the triggering of a formal infringement proceeding.
In the view of the situation it would seem you have two options: either switch to unmarked fully paid ULS diesel or wait for the outcome of the infringement proceeding and then possibly engage in a legal action. If the ECJ ruling proves to be in favour of the UK then you will be entitled to engage the liability of the Kingdom of Belgium as it is recognised that Member States have to make good the loss sustained by individuals as a result of the infringement of EU law attributable to them. But litigation is likely to be protracted and costly.
Meanwhile, I will use what influence I have to encourage the UK government to align itself fully wuth the terms of the EU directive.
I hope this helps a bit, despite your continued frustrations.
My best wishes for Christmas and the New Year.
Yours sincerely,
Andrew Duff "
Looks like we may have to finally end up paying the going rate for diesel as our friends in the Med have for years.
Does not seem to have stopped them from boating in the least.Why would it stop us over here.?
"Despite the RYA assurances etc and the Government's best endeavours, this is the latest reply from my Euro MP - and it looks like we're stuffed.
Dear Mr Calver,
I have seen the response to you from the Belgian Embassy, and can confirm that their interpretation of the law is correct.
The UK secured derogation from the Energy Products Directive allowing it to apply a reduced rate of excise duty on red diesel for private pleasure boating. In December 2006 this derogation fell, with effect from November 2008.
HMRC reduced the rebate on red diesel but did not entirely get rid of it, so the UK remains in breach of the EU directive.
You will see attached the letter from the Tax and Custom Union DG of the European Commission. This confirms that it is not Belgian but UK law at fault.
The Commission has already addressed to the UK a letter of formal notice on this matter , which is tantamount to the triggering of a formal infringement proceeding.
In the view of the situation it would seem you have two options: either switch to unmarked fully paid ULS diesel or wait for the outcome of the infringement proceeding and then possibly engage in a legal action. If the ECJ ruling proves to be in favour of the UK then you will be entitled to engage the liability of the Kingdom of Belgium as it is recognised that Member States have to make good the loss sustained by individuals as a result of the infringement of EU law attributable to them. But litigation is likely to be protracted and costly.
Meanwhile, I will use what influence I have to encourage the UK government to align itself fully wuth the terms of the EU directive.
I hope this helps a bit, despite your continued frustrations.
My best wishes for Christmas and the New Year.
Yours sincerely,
Andrew Duff "
Looks like we may have to finally end up paying the going rate for diesel as our friends in the Med have for years.
Does not seem to have stopped them from boating in the least.Why would it stop us over here.?