Red diesel: Belgian authorities' fining of UK boaters 

The RYA is challenging the validity of Belgian authorities’ actions under EU law.

The RYA is lobbying the European Commission and the Belgian Finance Ministry, both directly and through the European Boating Association. It is also working with the Royal Belgian Yachting Federation, which is similarly lobbying its Government.

Whilst it is not legal under Belgian law to use marked diesel in private pleasure craft in Belgian there are a number of circumstances under EU law and international law in which the main fuel tanks of a private pleasure craft navigating Community waters might legitimately contain marked diesel.

Contravention of basic principles of EU law

The RYA has obtained specialist legal advice which states that the penalisation of individual yachtsman for the mere presence of marked fuel in a pleasure craft's fuel tanks is contrary to the basic principles of EU law. Learn more about marked diesel and EU law.

This advice is consistent with that contained in the letter that the RYA received in 2008 from the European Commission.

Enforcement lies with the Commission

In addition, irrespective of whether the Belgian authorities believe that the continued availability of red diesel in the UK infringes the relevant EU Directive, it is for the Commission alone to enforce any alleged failure of a Member State to fully implement obligations arising under EU Directives.

The Belgian authorities should not therefore penalise individual UK boaters for what they might consider to be a failing on the part of the UK Government, particularly individual boaters who are simply passing through Belgian waters without calling at a Belgian port.

Advice on using red diesel abroad