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  1. #391
    Join Date
    Mar 2004
    Location
    St Mary's Island
    Posts
    174

    Default Re: Levington boaters allegedly fined €500 in Belgium for red diesel

    Quote Originally Posted by yerffoeg View Post
    In July/August this year we spent three days in Nieuwpoort and a week in Blankenberge.

    On board we had receipts to show that we had paid 100% duty on the last few red diesel fill-ups.

    We were welcomed at the marinas we visited and at no time were asked for documentation. In Nieuwpoort the receptionist at the marina was dismissive when asked about this!

    There did seem to be fewer British boats about than I would have anticipated. But we had a great time in Belgium, and I would encourage British boaters to visit whilst the present 'ceasefire' is in force.
    +1 to that. Currently moored in Blankenberge, after a daysail down from Breskens, being seranaded by a wandering troop of musicians. Stopped at Nieuwpoort on the way up and was royally entertained by the resident seal colony, our berth was just opposite their haul out spot.Pics here https://allatseawithstargazer.blogspot.com/ . Marina teams in both (VVW) a model of courtesy, helpfulness and efficiency).
    Last edited by John_Silver; 15-09-18 at 17:04. Reason: link not working

  2. #392
    Join Date
    May 2001
    Location
    Norfolk/Suffolk
    Posts
    3,055

    Default Re: Levington boaters allegedly fined €500 in Belgium for red diesel

    Quote Originally Posted by John_Silver View Post
    +1 to that. Currently moored in Blankenberge, after a daysail down from Breskens, being seranaded by a wandering troop of musicians. Stopped at Nieuwpoort on the way up and was royally entertained by the resident seal colony, our berth was just opposite their haul out spot.Pics here https://allatseawithstargazer.blogspot.com/ . Marina teams in both (VVW) a model of courtesy, helpfulness and efficiency).
    Yes, saw you! In fact here is a pic taken today
    IMG_0566.jpg
    Harwich for the Continent - Brexit For the Incontinent . Sadler 290

  3. #393
    Join Date
    May 2012
    Location
    Summer Walton, Winter Iberia
    Posts
    10,310

    Default Re: Levington boaters allegedly fined €500 in Belgium for red diesel

    Quote Originally Posted by yerffoeg View Post
    In July/August this year we spent three days in Nieuwpoort and a week in Blankenberge.

    On board we had receipts to show that we had paid 100% duty on the last few red diesel fill-ups.

    We were welcomed at the marinas we visited and at no time were asked for documentation. In Nieuwpoort the receptionist at the marina was dismissive when asked about this!

    There did seem to be fewer British boats about than I would have anticipated. But we had a great time in Belgium, and I would encourage British boaters to visit whilst the present 'ceasefire' is in force.
    My luck to be there when the ceasefire runs out!

    29th March 2019?
    🏴󠁧󠁢󠁥󠁮󠁧󠁿Neither a Remainer or a Leaver be. Hoping for the best but planning for the worst✔️

  4. #394
    Join Date
    Aug 2002
    Location
    In another world
    Posts
    12,476

    Default Re: Levington boaters allegedly fined €500 in Belgium for red diesel

    EUCJ rule on red diesel. Illegal for pleasure craft, even if full duty paid. See YBW news page.

  5. #395
    Join Date
    Nov 2007
    Location
    Boat Orwell - Me Norwich
    Posts
    8,223

    Default Re: Levington boaters allegedly fined €500 in Belgium for red diesel

    Quote Originally Posted by Stork_III View Post
    EUCJ rule on red diesel. Illegal for pleasure craft, even if full duty paid. See YBW news page.
    I'm not sure it strictly means that. The illegality is on the part of the UK Government. Quite what it means in practice for individual boaters (including how the Belgian Government will deal them) is not directly related to the court decision, and remains unclear.

    To quote [emphasis added] from the RYA notice posted in the YM Forum:
    ' Her Majesty's Revenue and Customs (HMRC) has today informed the RYA that it has lost its defence with the Court of Justice of the European Union of Case 503/17.
    The court has ruled that the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under Council Directive 95/60/EC of 27 November 1995 on fiscal marking of gas oils and kerosene (OJ 1995 L 291, p. 46).
    The European Commission took action against the UK as it considers that, by allowing the use of marked fuel for the purposes of propelling private pleasure craft, the UK has failed to fulfil these obligations.
    The European Commission indicated its intention to commence infraction proceedings against the UK in July 2011. In May 2013 the European Commission formally requested that the UK amend its legislation "to ensure that private pleasure boats such as luxury yachts can no longer buy lower taxed fuel intended for fishing boats" and issued a reasoned opinion to the UK Government, which HMRC indicated its intention to challenge in July 2013.
    As a result, in July 2014, the European Commission indicated that it had decided to refer the UK to the Court of Justice of the European Union.
    Today’s judgment means that, while the UK remains subject to the Fuel Marker Directive, the UK must bring its practices into line with this ruling.
    HMRC is now examining the judgment and will announce how and when the UK will adjust its practices in due course. The RYA’s Cruising, Legal and Government Affairs team is now analysing the full impact for our 112,000 members and the recreational boating community – and plans to meet with HMRC to discuss the next steps. The crux of the matter is ensuring the continued availability of diesel for the leisure boating community.'

    As I understand it, the EU itself can't directly make actions of individuals 'illegal', but it can require (because UK Govt signed up it in the first place!) EU states to (a) mark duty free fuel, and (b) have legal mechanisms to ensure marked fuel is not used for dutiable purposes. Other countries (including Belgium) have legal penalties to deter use of duty free fuel for leisure boating, the UK does not (yet).
    Last edited by LittleSister; 18-10-18 at 21:38. Reason: Final paragraph added

  6. #396
    Join Date
    Oct 2012
    Location
    Southminster, essex
    Posts
    9,425

    Default Re: Levington boaters allegedly fined €500 in Belgium for red diesel

    Deleted
    Last edited by Daydream believer; 19-10-18 at 07:24.
    It is all down to the fact that my wife does not understand me !!

  7. #397
    Join Date
    May 2003
    Location
    Here or there
    Posts
    76,942

    Default Re: Levington boaters allegedly fined €500 in Belgium for red diesel

    Oh well at least we can resume taking duty free from The General Stores soon
    Brexit: ‘taking back’ what we had never lost, in order to lose everything we had...

  8. #398
    Join Date
    Jun 2011
    Location
    Suffolk
    Posts
    5,479

    Default Re: Levington boaters allegedly fined €500 in Belgium for red diesel

    Latest from try RYA. Impact on members unknown as yet.


    https://www.rya.org.uk/newsevents/ne...m_medium=email
    Pardon?

  9. #399
    Join Date
    May 2003
    Location
    Here or there
    Posts
    76,942

    Default Re: Levington boaters allegedly fined €500 in Belgium for red diesel

    As i assumed, our government were in the wrong & fudged the issue & some were fined, what redress will they get from hmrc
    Brexit: ‘taking back’ what we had never lost, in order to lose everything we had...

  10. #400
    Join Date
    Jun 2009
    Posts
    12,472

    Default Re: Levington boaters allegedly fined €500 in Belgium for red diesel

    Quote Originally Posted by sailorman View Post
    As i assumed, our government were in the wrong & fudged the issue & some were fined, what redress will they get from hmrc
    Probably none - the HMRC guidance notes did point out that marked diesel is probably not legal on the continent and recommended that boat owners who had bought marked fuel in UK waters should not go abroad with it.

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