You may have read that the ECJ (European Court of Justice) has decided that the UK must stop the use of red diesel “for the purposes of prolusion of a private pleasure craft” and therefore switch to white diesel. The powers that be in the UK boating industry met with HMRC last week to discuss the implications of the ruling and evaluate the UK’s response. The UK is required to respond by December 22nd.

I had naively thought that as we are (presumably!) Brexiting in March the UK need do nothing at all, as the ECJ would have no jurisdiction after that. So I posed that question to a very nice chap called Roger at the ever helpful Cruising Association. His response was

“I’m afraid –as with many things Brexit – its not as simple as that.

If there is a Withdrawal Agreement we will be bound during the Transition period to comply with decisions of the ECJ. The EU Commission is keen for the UK to take action quickly and is looking for an early response from HMRC by Mid-Dec. If there isn’t a Withdrawal Agreement the ECJ decision will still be UK law but whether or not the government decides to comply remains to be seen”

So, UK cruising here we come.

Roger also told me about Green Diesel which is the Irish equivalent of our Red Diesel. Apparently they have the same problem with the EU over tax. In fact, their system allows them to buy green diesel free of tax. And they then have to declare the amount bought on their tax return. Apparently some people forget to do that…..