Tag Archives: green diesel

Red diesel

[European Commission] May infringements package: main decisions

Reference: MEMO/13/470 Event Date: 30/05/2013

In its monthly package of infringement decisions, the European Commission is pursuing legal action against Member States for failing to comply properly with their obligations under EU law. These decisions covering many sectors aim at ensuring proper application of EU law for the benefit of citizens and businesses.

The Commission has taken today 143 decisions, including 15 reasoned opinions and 5 referrals to the European Union’s Court of Justice. Below is a summary of the main decisions. For more information on infringements procedure, see MEMO/12/12. […]

3. Reasoned opinions […]

Taxation: Commission requests United Kingdom to ensure private boats do not use lower taxed fuel

The European Commission has formally requested the United Kingdom to amend its legislation to ensure that private pleasure boats such as luxury yachts can no longer buy lower taxed fuel intended for fishing boats. Under EU rules on fiscal marking for fuels, fuel that can benefit from a reduced tax rate has to be marked by coloured dye. Fishing vessels for example are allowed to benefit from fuel subject to a lower tax rate but private boats must use fuel subject to a standard rate.

Currently the UK law does not impose fuel distributors to have two separate fuel tanks, one with marked fuel subject to a lower tax rate and the other with regular fuel subject to a standard tax rate. As a consequence, private leisure boats can not only use fuel intended for fishing vessels but also risk heavy penalties if they travel to another Member State and the ship is controlled by the local authorities.

The Commission’s request takes the form of a reasoned opinion. In the absence of a satisfactory response within two months, the Commission may refer the United Kingdom to the EU’s Court of Justice.

(for more information: E. Traynor – Tel. +32 229 21548 – Mobile +32 498 98 3871)

h/t Michael Clarke

Forward, forward let us range …

… Let the great world spin for ever down the ringing grooves of change.

Excitable chap, Tennyson. But there are no ringing grooves in the list of licensed traders in marked fuels along the Shannon.

Nonetheless, the excitement of reading 211 pages of traders’ names and addresses, at four to the page, never palls. I have to read them, alas, as the data entry is so inconsistent that searching could not be relied upon (Mullinger, anyone?). It would be nice if someone cleaned up the data.

The entries are arranged in order of county, or more specifically in alphabetical order by entry in the County field. Thus all the traders in Dublin postal districts come at the end. But the list is headed by two traders who have no entries in the county field. One is Tigh Phlunkett of Leitir Moir; the other is Homefuels Direct Ltd of Stockton on Tees, the only non-Irish licence-holder.

There. Wasn’t that interesting?

You are changing/said death to the maiden …

… your wan face
To memory, to beauty.

Thus Kathleen Raine, but not the list of licensed marked fuel traders [.xls] along the Shannon.

It is not much matter …

… which we say, but mind, we must all say the same.

Thus, says Bagehot, William Lamb, 2nd Lord Melbourne, and thus, the same, the list of licensed traders in marked fuel along the Shannon.

A call to patriotic action …

… said Brian Lenihan of his 2009 Budget, which did not greatly impress Michael Hennigan of FinFacts, who had a highly entertaining, if sadly prescient, article here.

 […] political self-interest, incompetence, negligence and laziness […] litany of failure, smugness, hubris and neglect […] the incompetence of the toxic cocktail of former school teachers, small town solicitors, social workers and bookkeepers […]

How true those words are, even today. (The “toxic cocktail” was the membership of the government.)

Anyway, on 24 April I heard Josephine Feehily of the Revenue Commissioners saying on the wireless that the minimum rate of compliance for self-assessed taxes was 80%. I fear that she may not have taken account of the Mineral Oil Tax, which has been largely ignored by the citizenry.

Just to recap, this idiotic tax is the result of governmental cowardice and unwillingness to tell even a small, insignificant interest group to get stuffed. For historical reasons, owners of diesel-powered boats, in some countries, were allowed to use rebated (“red” or “green” low-tax) diesel, AKA marked gas oil. The EU said, many years ago, that this subsidy should no longer be given to owners of private pleasure craft. The governments concerned accepted that, but asked for time to introduce the change. When that period ran out, without their having done anything about it, they asked for a further deferral, and then yet another. The EU finally got fed up and told them to get on with it.

The Irish government, with that low cunning and contempt for the law that has so endeared us to other EU states, decided to reject the obvious method of implementing the new rule, which would have been to charge owners of private pleasure craft the full (non-rebated) price at the pump. Instead, it came up with a scheme that had no chance of working properly: it allowed owners of private pleasure craft to continue to buy diesel at the low price provided that they made returns, once a year, showing the amount of diesel they had bought and paying the difference between the rebated price and the full price. This difference is called the Mineral Oil Tax [PDF].

Such a scheme might have had a chance of working in Switzerland or Germany, places where citizens often obey the law even when nobody is looking, but it had no chance at all in Ireland. And so indeed it proved to be.

In 2010, 38 boat-owners paid the tax for 2009.

In 2011, 41 boat-owners paid the tax for 2010.

In 2012, 22 boat-owners paid the tax for 2011. The total amount received was €53,398.58 on 141,503.29 litres of diesel. That’s an average of 6432.1 litres per return, which is very high; I think that a lot of that is accounted for by the hire fleets.

I now have the latest figures.

In 2013, 23 boat-owners paid the tax for 2012. The total amount received was €113,841.45 on 301,674 litres of diesel.

It is gratifying to note that the number of returns has increased, even if it is still a tiny proportion of the total number of owners of diesel-powered private pleasure craft. But the increase in the amount received and in the number of litres returned is staggering: both figures have more than doubled. I am unable to explain the increase.

As I said last year, this ridiculous tax should be scrapped; those operating private pleasure craft should be required to use non-rebated diesel. Taxes that cannot be collected bring the whole system into disrepute and strengthen citizen contempt for the state and for society. In taxation, you’ve got to grab them by the balls; then their hearts and minds will follow. That’s why VAT and PAYE are so effective.

 

Horatio was told …

… that there were more things in heaven and earth than were dreamt of in his philosophy.

They did not, however, include any more holders of marked fuel traders’ licences [xls] along the Shannon.

No more Latin, no more French …

… no more licensed traders in marked fuels [xls] along the Shannon.

Funny how few marinas sell diesel nowadays.

It is notoriously known …

… through the universal world that there be nine worthy and the best that ever were, as William Caxton so well put it. To the eight holders of licences to sell marked diesel along the Shannon must now be added Emerald Star in Belturbet on the Erne.

Can wisdom be put in a silver rod?

Or love in a golden bowl?

My mole doesn’t know, but diesel can be put in a boat’s fuel tank at Silver Line in Banagher, the latest addition to the roll of honour: the traders holding licences to sell marked diesel [.xls] along the Shannon.

The eight licensed sellers are (north to south):

  • CarrickCraft, Carrick-on-Shannon
  • Emerald Star, Carrick-on-Shannon
  • Rooskey Craft & Tackle, Rooskey Quay
  • Hanley’s Marina, Ballyleague (opposite Lanesborough)
  • Quigley’s Marina, Killinure, Lough Ree
  • CarrickCraft, Banagher
  • Silver Line, Banagher
  • Emerald Star, Portumna.

The excitement is too much for me. I think I’ll lie down for a bit.

No blue guitar

The man bent over his guitar,
A shearsman of sorts. The day was green.

They said ‘You have a blue guitar,
You do not play things as they are.’
The man replied ‘Things as they are
Are changed upon the blue guitar.’

Wallace Stevens The Man with the Blue Guitar [1937]

The guitarist has not been active on the Shannon, where there has been no change in the list of holders of marked fuel trader’s licences [.xls].