RYA clarify the situation amid red diesel row

The RYA have attempted to clarify the situation regarding the use of red diesel in leisure boats, following the announcement on February 21 that, from 1 April 2012, the use of ‘marked’ diesel to propel private pleasure craft would be allowed only within UK territorial waters.

Among the guidance is the following information for those intending to cruise to France this summer:

‘In practice, the proposed legislation would make no difference to your ability to cruise to France using duty-paid marked ‘red’ diesel.

‘The Hydrocarbon Oil Duties Act 1979, which regulates the use of marked “red” diesel in the UK, only applies within UK territorial waters. As such, the 1979 Act does not currently have any impact on the use of marked “red” diesel for propelling private pleasure craft outside UK territorial waters.

‘The draft amendment to the 1979 Act published by HMRC on 20 February 2012 for consultation does not propose to extend the territorial scope of the 1979 Act and this Act would therefore still neither prohibit nor authorise the use of marked “red” diesel for propelling private pleasure craft outside UK territorial waters.

‘Accordingly, the proposed amendments to the Hydrocarbon Oil Duties Act 1979 would not of themselves have any impact on the ability of UK vessels to visit the waters of France or any other country.

‘It remains the case, however, that other coastal states may apply their own legislation to vessels navigating in their territorial waters and, as set out in the 1982 UN Convention on the Law of the Sea, such legislation includes the customs and fiscal laws of the coastal state.’

Visit the RYA’s site via the link below for their full advice:
 
http://www.rya.org.uk/newsevents/news/Pages/HMRCreddieselannouncement.aspx
 
See our original story on the HM Revenue & Customs announcement here:

http://www.yachtingmonthly.com/news/530819/cross-channel-red-diesel-use-outlawed