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Thread: Belgium Again!

  1. #91
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    Default Re: Belgium Again!

    Quote Originally Posted by Fr J Hackett View Post
    His risk would have been the impounding of his boat, he would need to be very bloody minded and have big cojones and at the end of the day when it went to the ECJ the ruling would be against him as it is contrary to the EU directive to have coloured diesel in the tanks of a private leisure vessel for propulsion.
    I think you are confusing your European courts. The European Court of Justice rules on the application of EU Law by nations and is not an appeal court for national court decisions. The European Court of Human Rights can be an appeal court, but nobody has (yet) claimed that the red diesel business has any human rights implications.

    My point is therefore that we cannot assume from this that the Belgian guarantee of "no prosecutions" is over, since it seems that nobody was prosecuted. Of course that leaves open the possibility that the ambassador said "of course we can still impose fixed penalties" under his breath, but my money here is on "over-zealous official".
    "Seamen are always wanting to do things the proper way; and I like to do them my way."

  2. #92
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    Default Re: Belgium Again!

    Quote Originally Posted by Tomahawk View Post
    Consider shipping a container across the Union. If you put it on a lorry, the haulier pays fuel duty. But if you put it on a barge .. the shipping company doesn't pay fuel duty as it's commercial shipping. Yet the container is still the same and is being moved across Europe.
    According to HMRC, fuel duty is only rebated for sea voyages; inland waterways are explicitly excluded. Are you sure that's different in the rest (for now) of Europe?
    "Seamen are always wanting to do things the proper way; and I like to do them my way."

  3. #93
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    Default Re: Belgium Again!

    Quote Originally Posted by JumbleDuck View Post
    I think you are confusing your European courts. The European Court of Justice rules on the application of EU Law by nations and is not an appeal court for national court decisions. The European Court of Human Rights can be an appeal court, but nobody has (yet) claimed that the red diesel business has any human rights implications.

    My point is therefore that we cannot assume from this that the Belgian guarantee of "no prosecutions" is over, since it seems that nobody was prosecuted. Of course that leaves open the possibility that the ambassador said "of course we can still impose fixed penalties" under his breath, but my money here is on "over-zealous official".

    Yes I am but he would undoubtably loose when he took it to the Belgian courts who would uphold EU legislation and back their customs officer who was acting within the law. So he would still be a brave and foolhardy person to challenge the fine.

  4. #94
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    Default Re: Belgium Again!

    Quote Originally Posted by Fr J Hackett View Post
    Yes I am but he would undoubtably loose when he took it to the Belgian courts who would uphold EU legislation and back their customs officer who was acting within the law.
    If it went to court. Remember, the Belgians have said that it wouldn't. Incidentally, since this all arises from an EU Directive, and not a Regulation, it's Belgian Law which matters, not "EU legislation".

    So he would still be a brave and foolhardy person to challenge the fine.
    It would take a certain amount of nerve, I agree.
    "Seamen are always wanting to do things the proper way; and I like to do them my way."

  5. #95
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    Default Re: Belgium Again!

    Following questions from the CA's RATS team the Belgian authorities have admitted that they were mistaken and the fine has been repaid.
    Answers to some technical queries at new website http://coxeng.co.uk

  6. #96
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    Default Re: Belgium Again!

    Quote Originally Posted by vyv_cox View Post
    Following questions from the CA's RATS team the Belgian authorities have admitted that they were mistaken and the fine has been repaid.

    That was quick. Well done CA.
    They might get away with it then, so who would still go?

  7. #97
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    Default Re: Belgium Again!

    Quote Originally Posted by vyv_cox View Post
    Following questions from the CA's RATS team the Belgian authorities have admitted that they were mistaken and the fine has been repaid.
    Good news indeed, well done The CA

  8. #98
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    Default Re: Belgium Again!

    Quote Originally Posted by longjohnsilver View Post
    Apart from the unfortunate chap who was fined €500, it’s the Belgian marinas and businesses who will be the losers. I was contemplating taking my boat that way, but with over 3000 litres of red in my tanks it’s most definitely on my personal black list.

    It’s a real shame, as all the Belgians I know are delightful people.
    Without the proper receipts, the Dutch Customs will charge 4.50 Euro/l of Tank Capacity. 3000x4.50 is a lot of Euros.

  9. #99
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    Default Re: Belgium Again!

    Quote Originally Posted by Stork_III View Post
    Without the proper receipts, the Dutch Customs will charge 4.50 Euro/l of Tank Capacity. 3000x4.50 is a lot of Euros.
    Do the Dutch care, if the stuff is pink/brown/uranium-glowing or just the tax paid status? Latter is easy, I refill with white and bring the receipt - former needs cleaning or many refills.

  10. #100
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    Default Re: Belgium Again!

    4
    Quote Originally Posted by GHA View Post
    ......so who would still go?
    “Fool me once, shame on you; fool me twice, shame on me!”

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