We talked Red Diesel at the March committee meeting and we thought that the members would appreciate an update.
A few years ago the EU made the use of untaxed diesel for propulsion of leisure craft illegal. The way the UK interpreted that EU law was to introduce the need to pay Tax on the propulsion part of the diesel you buy - most boat users do that by making the 60/40 split declaration - though if you live on a non moving canal boat you can still get it tax free. The UK still allowed the use of Red or marked Diesel, but its up to the boat owner to pay the appropriate tax. Ireland, Channel islands, Norway do the same as the UK - Interestingly in Ireland the fuel is Green!
Other EU countries implemented that law by switching leisure boats to fully taxed/ unmarked white diesel. (France, Belgium , Holland) On top Belgium has a National law that totally prohibits the presence of Red diesel in a leisure boats, and fines up to 5euro/ litre tank capacity if red diesel is detected. Holland requires proof (via receipts less than 12mths old) that tax has been paid on the fuel. At the moment the French and the Channel islands have no local rules.
After a botched attempt at getting UK boat owners to declare that they would only use red diesel in UK territorial waters (12NM offshore) which provoked outrage from boat owners and the RYA, yesterday HMRC revised its law and now all UK diesel purchasers have to declare that whilst Red Diesel is completely legal in UK waters, that they are aware that other nations can have there own laws about the use of marked fuel. Therefore before you travel you should be aware of local laws where you are travelling to.
This is no change versus today as despite our lovely harmonised EU laws, the Belgians can if they like have whatever national laws they want about diesel. RYA are still campaigning with the Belgians
Practically this means:
France / Channel Islands: No local rules on Red Diesel, so we are free to cruise there. RYA rang the French only last week and they confirmed no plans to check marking of Diesel. However to be doubly sure its just worth a quick check that no changes have happened since this email. M. Gosselin in St Vaast and Carrefour Cherbourg can stock up with confidence we will be visiting.
Belgium: Despite having great beer and chocolate you risk a big fine with red diesel. The RYA man on this link does suggest that some rallies have got prior permission not to be checked by prearranging with the harbour but I wouldn't be risking a quick pop into Belgium.
Holland: If you are off to buy tulips, then take full receipts to cover the amount of fuel you have, less than 12 mths old
For more details click this link