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Thread: Red in Eire.

  1. #1
    Join Date
    Nov 2001
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    20,254

    Default Red in Eire.

    Dear members,
    I am grateful to XXXXXXXX , who moors his Broom at Carrick-on-Shannon, Ireland, for sending me a copy of the notice he has received as a member of the Inland Waterways Association of Ireland. This alerts anyone boating in the Republic of Ireland to the fact that the use of red diesel for the propulsion of leisure craft will become unlawful there from 1st January 2020. As a result, most marina fuel pumps in Ireland will only deliver fully-taxed white diesel and/or petroleum.
    Those that moor in the Republic will obviously know about the proposed change, but visiting boaters will also need to be aware! As the 2018 EU legislation has been accepted by the UK, this is probably a sign of things to come, so I have copied the content of this notice for your information.
    Best wishes, John Oldham, Hon. Secretary

    Marine Notice No. 52 of 2019
    Notice to all Masters, Owners and Users of Pleasure and Recreational Craft.
    Prohibition on the use of marked gas oil in private pleasure craft
    The [Ireland] Department of Transport, Tourism and Sport wishes to inform the public of the Department of Finance’s intention to change the law regarding the use of Marked Gas Oil for Private Pleasure Navigation from 1st January 2020.
    The requirement to amend the relevant legislation arises from a ruling made by the Court of Justice of the European Union in October 2018.
    Section 40 of the Finance Bill 2019 proposes an amendment to Chapter 1 of Part 2 of the Finance Act 1999 in order to implement the Court decision and ensure compatibility with the Energy Tax Directive (Directive 2003/96/EC) and the Fiscal Marking Directive (Directive 95/60/EC) on a legislative basis. The proposed amendment will take effect from 1 January 2020. From that date, the use of marked gas fuel as a propellant by private pleasure craft will be prohibited.
    EU Directive 2003/96 defines “private pleasure craft” as “any craft used by its owner or the natural or legal person who enjoys its use either through hire or through any other means, for other than commercial purposes and in particular other than for the carriage of passengers or goods or for the supply of services for consideration or for the purposes of public authorities”.
    General information on mineral oil tax on heavy oil (diesel) used for private pleasure navigation can be obtained directly from the Office of the Revenue Commissioners and it is understood that they will prepare guidance material for the Revenue website and update the relevant Tax and Duty Manuals in advance of commencement of the new arrangements on 1 January 2020.
    Irish Maritime Administration,
    Department of Transport, Tourism and Sport,
    Leeson Lane, Dublin 2, D02 TR60, Ireland.
    14/11/2019
    Last edited by oldgit; 26-11-19 at 08:30.

  2. #2
    Join Date
    Feb 2008
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    Farndon
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    Default Re: Red in Eire.

    How does that work in practice ?
    If a marina has marked fuel in its tanks on 1st January I guess they can only legally sell it at the domestic rate of duty .
    What about the marked fuel already on the boat - after 1st January it will be illegal to use that for propulsion. What are the consequences ?

  3. #3
    Join Date
    Feb 2015
    Location
    Conwy
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    4,341

    Default Re: Red in Eire.

    I rather like the look of my clear glass Racors. The orange red dye in the diesel is rather fetching and compliments the colour scheme of my engine bay. Green Volvo and white bilge. If I was a patriotic Irishman I'd be adding my own dye to my white diesel. You're allowed to add your own dye right?

  4. #4
    Join Date
    Nov 2002
    Location
    West Mersea
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    6,515

    Default Re: Red in Eire.

    Quote Originally Posted by MartynG View Post
    How does that work in practice ?
    If a marina has marked fuel in its tanks on 1st January I guess they can only legally sell it at the domestic rate of duty .
    What about the marked fuel already on the boat - after 1st January it will be illegal to use that for propulsion. What are the consequences ?
    Seems clear - "From that date, the use of marked gas fuel as a propellant by private pleasure craft will be prohibited". Marked fuel in Ireland based boats after 1st January will be illegal irrespective of being purchase 'lawfully' in Eire prior to 1st January. I guess Ireland has similar laws to the UK i.e if someone used red diesel in a road car in the UK. Fortunately while the UK Govt is trying to leave they won't both to adhere to the EU Court of Justice decision....... one hopes.
    www.crossingthethamesestuary.com

  5. #5
    Join Date
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    Default Re: Red in Eire.

    I have nearly a ton of red in my tanks and the boat wont be in the water till March. In the meantime there is no way I could get a bowser in between the boats on the hard and the harbour master and local marinas would have a fit of many multi hued conniptions should a closing figure of a 1000 local boats each try and dump their red in the 750 litre recycle waste oil tank. So much and good luck to the Irish.

  6. #6
    Join Date
    Jul 2012
    Location
    London / West Cork
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    299

    Default Re: Red in Eire.

    Quote Originally Posted by BruceK View Post
    I have nearly a ton of red in my tanks and the boat wont be in the water till March. In the meantime there is no way I could get a bowser in between the boats on the hard and the harbour master and local marinas would have a fit of many multi hued conniptions should a closing figure of a 1000 local boats each try and dump their red in the 750 litre recycle waste oil tank. So much and good luck to the Irish.
    Hopefully they'll take the approach of just preventing the marinas from selling it and turn a blind eye to any existing fuel.
    Would be very difficult to enforce anyway, as you'd have to be stopping boats which were underway as there is no law against having it in your tanks and not using it for propulsion.

    And btw - it's not much different to the existing much ignored law that said you need to contact revenue and declare the purchase of red diesel and pay the relevant duty.
    If I recall correctly the fact that only 3 declarations were made in the past few years blunted their argument that they were already collecting the duty on diesel used for leisure purposes.
    www.fimtra.com - Distributed software, Innovative solutions.

  7. #7
    Join Date
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    Medway
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    20,254

    Default Re: Red in Eire.

    Seems pretty obvious, unless you are desperately trying to make things complicated.
    As from 01/01/2020.
    The supplier must collect the full rate of duty on any fuel (white/red/yellow/green/ blue ) or any other colour of the rainbow you fancy, if supplied to any mode of transport for leisure use. ie. motor vehicle/ boat / aeroplane etc ( yes there are diesel aero engines.)
    There will be grace period where no action will be taken, unless obvious fraud is being carried out.
    About 5 years should do nicely.
    If you are worried about it being problem after that length of time, you really need to use your boat more. ?
    As for UK not going down that road, do keep up, its all done and dusted whatever happens at the election,Red is going.
    Last edited by oldgit; 26-11-19 at 14:35.

  8. #8
    Join Date
    Feb 2015
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    Conwy
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    Default Re: Red in Eire.

    Quote Originally Posted by oldgit View Post
    As for UK not going down that road, do keep up, its all done and dusted whatever happens at the election,Red is going.
    I have the perfect plan to stitch Seastoke up.

    26251-trs-red-food-coloring-28ml.jpg

  9. #9
    Join Date
    Jul 2012
    Location
    London / West Cork
    Posts
    299

    Default Re: Red in Eire.

    Quote Originally Posted by oldgit View Post
    Seems pretty obvious, unless you are desperately trying to make things complicated.
    As from 01/01/2020.
    The supplier must collect the full rate of duty on any fuel (white/red/yellow/green/ blue ) or any other colour of the rainbow you fancy, if supplied to any mode of transport for leisure use. ie. motor vehicle/ boat / aeroplane etc ( yes there are diesel aero engines.)
    There will be grace period where no action will be taken, unless obvious fraud is being carried out.
    About 5 years should do nicely.
    If you are worried about it being problem after that length of time, you really need to use your boat more. ?
    As for UK not going down that road, do keep up, its all done and dusted whatever happens at the election,Red is going.
    In Ireland you can currently purchase marked diesel at most rural garages, they have no way to check how you're actually going to use it.
    Similarly any home can get marked diesel for heating (normally kerosene but the boilers can be configured for either).

    The only way to really enforce it is random spot checks, but they could probably get > 90% compliance by ensuring marinas etc only provide unmarked diesel.
    www.fimtra.com - Distributed software, Innovative solutions.

  10. #10
    Join Date
    Feb 2008
    Location
    Farndon
    Posts
    3,165

    Default Re: Red in Eire.

    Quote Originally Posted by oldgit View Post
    There will be grace period where no action will be taken, unless obvious fraud is being carried out.
    About 5 years should do nicely.
    .
    I must have missed the bit about 5 years grace.

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