As I said the directive stated that we could not charge a different rate of duty for the same fuel.
For the last 4 years HMRC have accepted that it is the same fuel,regardless of it's colour and applied the same tax as applied to road fuel, at least the propulsion element of that fuel.
Our lobbying groups chose not to argue that it was not the same as road fuel and the lowest rate of tax could be applied. Probably too late now to make this claim.
What surprises me is that several years into the new arrangement it has become apparent that we are in contravention of another EU regulation regarding the use of marked fuel in leisure boats, surely this should have been investigated at the time especially as there was an opportunity to apply the minimum EU tax by highlighting the differences between marine and road diesel, an approach that succeeded for the leisure aviation industry.