Owners and operators of sailing yachts and motor boats visiting ports in Europe risk falling foul of EU officialdom seeking revenge following Britain’s leaving of the common market.
Because red diesel is not permitted to be carried in on board fuel tanks in the EU27 and other countries, it is possible that EU officials will cause trouble to visiting British yachts that do.
Marine red diesel is still on sale to leisure vessels in the UK, despite the Government’s plans to phase it out following a judgment from the European Court of Justice.
Now that Britain has left the EU, red diesel will continue to be legal for the propulsion of vessels in the UK until April 2022.
Seeking to clarify the situation, the Cruising Association (CA) has sought the advice from Her Majesty’s Revenue and Customs (HMRC)
Founded in 1908 specifically to meet the needs of cruising sailors, the CA is a non-profit mutually supportive association and is acknowledged as the leading organisation for cruising sailors and motor cruisers, with over 6,300 members around the world.
In a bid to clarify the situation, the CA’s Regulations and Technical Services group (RATS) has received a response from HMRC.
They agree that a treaty known as the Istanbul Convention of 1990 allows vessels to make visits to the EU27 and elsewhere without import prohibitions or restrictions on propulsion fuel.
This includes visiting craft with UK red marine diesel, or red dye traces, in their on board engine tank(s).
But EU officials, bent to revenge might not see it that way!
Skippers of boats visiting Europe could help their cause by referring to the Istanbul Convention of 1990 if confronted by officials.
This is because, as a matter of policy, it is not standard practice for HM Government to write to other governments stating how they should implement their own laws.
But it is expected of them to implement their laws in accordance with the Convention.
In addition, HMRC point out that the Northern Ireland Protocol (NIP) to the UK’s Withdrawal Agreement with the EU requires a number of EU directives to continue to apply in Northern Ireland, subject to regular affirmation from the Northern Ireland Assembly that the NIP should remain in place. If this affects what fuel private pleasure craft (PPC) in Northern Ireland can use HMRC will provide an update at the appropriate time.