Red Diesel & Belgium

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   Hi All,

This warning is mainly aimed at UK boats heading to or near Belgium, but could apply to any boat transiting Belgium waters after buying diesel in the UK.  

The UK's Cruising Association has just reaffirmed its warning to its members to keep well clear of Belgium territorial waters if they have red diesel in their fuel tank.  Belgium customs have this year boarded and fined several UK registered boats up to 750 Euros for having red diesel in their fuel tank despite the skipper having proof that the diesel was purchased legally and UK tax paid. 

The UK regards Belgium's actions as being in contravention of both UN and EU treaties.  For UK boats the Government has said the affected yachtsmen will have to sue the Belgium Government themselves to recover any fine. 

Earlier this year a Dutch harbour master told me that the Belgians are really targeting Belgian and Dutch boats and the Brits are just being caught is the crossfire (so to speak).  Accidental or not a 750 Euro fine is worth avoiding and I altered my cruise plan and cut out planned visits to Antwerp,  Blankenberge and Oostende.

Regards

Ian

PS  As a note of explanation for the wider Hanse diaspora the issue is a matter of taxation.  Basically, all northern continental EU states have banned leisure boat owners from having commercial (red - reduced tax) diesel in their fuel tanks.  Belgium made this change only very recently.  In the UK  it is legal for leisure boat owners to buy red diesel providing they pay full tax for the proportion of fuel used for propulsion.   

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Ian Robinson Members Profile Send Private Message Find Members Posts Add to Buddy List Captain Joined: 24 November 2005 Location: Essex UK Status: Offline Points: 246	Post Options Post Reply Quote Ian Robinson Report Post Thanks(0) Quote Reply Topic: Red Diesel & Belgium Posted: 24 December 2011 at 19:51
	Hi All, This warning is mainly aimed at UK boats heading to or near Belgium, but could apply to any boat transiting Belgium waters after buying diesel in the UK. The UK's Cruising Association has just reaffirmed its warning to its members to keep well clear of Belgium territorial waters if they have red diesel in their fuel tank. Belgium customs have this year boarded and fined several UK registered boats up to 750 Euros for having red diesel in their fuel tank despite the skipper having proof that the diesel was purchased legally and UK tax paid. The UK regards Belgium's actions as being in contravention of both UN and EU treaties. For UK boats the Government has said the affected yachtsmen will have to sue the Belgium Government themselves to recover any fine. Earlier this year a Dutch harbour master told me that the Belgians are really targeting Belgian and Dutch boats and the Brits are just being caught is the crossfire (so to speak). Accidental or not a 750 Euro fine is worth avoiding and I altered my cruise plan and cut out planned visits to Antwerp, Blankenberge and Oostende. Regards Ian PS As a note of explanation for the wider Hanse diaspora the issue is a matter of taxation. Basically, all northern continental EU states have banned leisure boat owners from having commercial (red - reduced tax) diesel in their fuel tanks. Belgium made this change only very recently. In the UK it is legal for leisure boat owners to buy red diesel providing they pay full tax for the proportion of fuel used for propulsion.
	Ostara a 370#88

CharlesP Members Profile Send Private Message Find Members Posts Add to Buddy List Admiral Joined: 23 September 2010 Location: United Kingdom Status: Offline Points: 1208	Post Options Post Reply Quote CharlesP Report Post Thanks(0) Quote Reply Posted: 02 January 2012 at 18:53
	Thanks Ian for the update. I had a lovely visit to Belgium a few years ago and when the authorities boarded us, they were very pleasant and no problems. It is with immense sadness that I have read of many instances during the last two years of the new Belgian treatment of British flagged yachts with red diesel in their tanks. It has certainly stopped me from re-visiting Belgium. Charles
	'MERIDIAN LADY' 320 Nr 536 2010 Medway

Ian Robinson Members Profile Send Private Message Find Members Posts Add to Buddy List Captain Joined: 24 November 2005 Location: Essex UK Status: Offline Points: 246	Post Options Post Reply Quote Ian Robinson Report Post Thanks(0) Quote Reply Posted: 03 January 2012 at 08:55
	Hello Charles, Yes it is a sad state of affairs. I have been visiting Belgium by boat for nigh on 30 years and it is a shame that I cannot visit the country again until this issue is resolved. Last year I could have safely visited Belguim as I had been in Dutch waters for 2 months and there could have been only the smallest trace of red in my tank, but as a matter of principle I would not go there. This year will be the same. I am planning a 3 month cruise to the Baltic and would under normal circumstances would have expected to cross back to Essex from Blankenberge. Happy cruising in 2012 Regards Ian
	Ostara a 370#88

holby Members Profile Send Private Message Find Members Posts Add to Buddy List Admiral of the Fleet Joined: 18 February 2006 Location: Isle of Man Status: Offline Points: 2287	Post Options Post Reply Quote holby Report Post Thanks(0) Quote Reply Posted: 03 January 2012 at 10:04
	Charles and Ian, Coud you please explain to me about this, Ian, you mention that Northern EU countries have banned red diesel ( reduced tax) from leisure yachting, but surely the idea in Maritime Law, is that if you conform to the Maritime Law in your flagged country then this is OK. You mention that the Belgium Authorities are targeting Dutch and Belgium yachts and that the British flagged yachts are being caught in the middle, surely if we are complying to our Maritime and Custom Law i.e. it is legal to for us to purchase red diesel for use in our leisure yachts then this is all that the Belgium Authorities need. Also can you tell me why pick on Red Diesel, what about the Green Diesel from Ireland, is it OK to have green Diesel? All this is somewhat confusing, as to why the Belgiums are picking on Red diesel and us and not for example Green Diesel and us, or even Red Diesel and the French? Thanks, Dave
	Hanse 301, tiller steering, Volvo 2010 (10hp)

Peter-Blake Members Profile Send Private Message Find Members Posts Add to Buddy List Admiral of the Fleet Joined: 04 March 2008 Status: Offline Points: 2471	Post Options Post Reply Quote Peter-Blake Report Post Thanks(0) Quote Reply Posted: 03 January 2012 at 10:32
	Red diesel was a problem in germany for many years too. it was so strange that it was said that you have to use all the diesel before entering german waters. Today you need to show the authorities the invoice of the red diesel where you puchased it. I have been to Britain in 2010 and needed to fuel in eastbourne. I got red diesel. I now have this invoice in my boat until the red diesel is gone. But this will take many years as you never use all the diesel in your tank, and this red colour stays a long long time. But, so far no problems as i do have my invoice of the diesel
	Blake 370

alettaenmarcel Members Profile Send Private Message Find Members Posts Add to Buddy List Admiral Joined: 15 August 2006 Location: Netherlands Status: Offline Points: 1246	Post Options Post Reply Quote alettaenmarcel Report Post Thanks(0) Quote Reply Posted: 03 January 2012 at 10:49
	I have been boarded bij the Dutch customs last November. They asked me if I had red Diesel in my tank , and I said I have. They asked me for my logbook and the ticket were I bought it. That was OK to them , but they also said that wenn it is still in the tank ( red color diesel) in 2012 wenn they check my out again I have to pay a fine. So it can only be in your tank for a year. No problem to me because I clean my tank every winter ( emptey it first) and start with my logbook all over again. greetings Marcel Edited by alettaenmarcel - 03 January 2012 at 10:50
	Kids Dingys 72-79 ,Several Windsurfboards 79-86 OK dingy competitions 86-92 , Trotter Pandora Race 92-98, Friendship 28 Sport 98-05, Hanse 370 06-......

Ian Robinson Members Profile Send Private Message Find Members Posts Add to Buddy List Captain Joined: 24 November 2005 Location: Essex UK Status: Offline Points: 246	Post Options Post Reply Quote Ian Robinson Report Post Thanks(1) Quote Reply Posted: 03 January 2012 at 11:17
	Hi Dave, Yes it is becoming complicated, but I will try to explain the position as I understand it. 1 Belgian authorities have recently banned the use of "red" diesel in leisure boats. Belgian boat-owners must buy and use "white" diesel. It was only a couple of years back that I was watching large Dutch power boats queueing for "red" in Blankenberge. 2 Belgian Customs have boarded a number of UK yachts sailing through Belgian waters and on finding "red" diesel in the yachts' fuel tanks have levied on the spot fines of up to 750 Euros. The Belgian authorities have/are refusing to accept evidence (receipts etc) that any red diesel was legally purchased in the UK. 3 In the UK to comply with EU tax directives UK leisure boat owners must pay full tax on any diesel used for propulsion, but where a yacht has a diesel fuelled heater a proportion of any fuel purchased can be assigned as heating fuel and a lower tax paid. UK Customs accepts that a 60/40 split is normally appropriate. 4 The UK Government has accused the Belgian Government of contravening the UN Maritime Charter on the Rights of Innocent passage, which does not require vessels on passage to comply with local laws. 5 The UK Government has also accused the Belgian Government of breaching the EU treaty which require it to accept as legal goods purchased legally in other member states. 6 The EU Commission, which institutionally does not like the UK, has announced it will investigate the UK's tax treatment of Red diesel used by leisure boats. Where will all end!! I was not aware that the Irish had "green" diesel. Appropriate, I suppose for the Emerald Isle, but how is it taxed? Regards ian Regards
	Ostara a 370#88

holby Members Profile Send Private Message Find Members Posts Add to Buddy List Admiral of the Fleet Joined: 18 February 2006 Location: Isle of Man Status: Offline Points: 2287	Post Options Post Reply Quote holby Report Post Thanks(0) Quote Reply Posted: 03 January 2012 at 11:17
	PB, I understand, sadly that the Belgiums, do not take any notice of your invoice to show that you have purchased this diesel in UK and paid tax on it. Dave
	Hanse 301, tiller steering, Volvo 2010 (10hp)

Ian Robinson Members Profile Send Private Message Find Members Posts Add to Buddy List Captain Joined: 24 November 2005 Location: Essex UK Status: Offline Points: 246	Post Options Post Reply Quote Ian Robinson Report Post Thanks(0) Quote Reply Posted: 03 January 2012 at 11:27
	I was boarded by Dutch customs last June in Den Helder. They didn't ask what colour my diesel was or if my wife and I were money launderers, gunrunners or drug smugglers. Having confirmed that our ship's papers were in order they were only interested to know if we were enjoying our visit. Regards Ian
	Ostara a 370#88

holby Members Profile Send Private Message Find Members Posts Add to Buddy List Admiral of the Fleet Joined: 18 February 2006 Location: Isle of Man Status: Offline Points: 2287	Post Options Post Reply Quote holby Report Post Thanks(0) Quote Reply Posted: 03 January 2012 at 11:56
	Ian, Thanks for your explanation, the reason why I ask about Green Diesel, is that, at present I go to Ireland most years, but as yet have not required to pick up Diesel in Ireland, but I am sure this will happen soon and when I start spreading my wings a bit further, i am concerned i may run into problems. From what I understand Ireland lost there derogation thr same time as we did, so rather than, as we have, a split, they ( I understand) still charge the lower price and you then have to declare the tax on your income tax return each year. - As at end of Octover this year I think they were still refusing to put the higher tax on the diesel for all sales as it would cost to much to set up a refund system for certain users. Again thanks, Ian for your expanation. Dave
	Hanse 301, tiller steering, Volvo 2010 (10hp)



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