Here's the exact wording of last week's announcement.  Note the figure of 
£10 million total from all three derogations.

>From Hansard, 7.12.06, oral answers:

Red Diesel
5. Mr. Alistair Carmichael (Orkney and Shetland) (LD): What recent progress 
has been made in negotiations to extend the derogation from EU regulations 
to enable UK pleasure boats to use red diesel in 2007; and if he will make a 
statement. [104886]

The Financial Secretary to the Treasury (John Healey): I know that the 
derogation that permits the use of red diesel in Britain is highly valued by 
private boat owners and users. Thirty-four separate derogations from the 
directive are held by member states. None has yet been approved by the 
Commission and 14 have been rejected so far. Late yesterday afternoon, it 
was confirmed to me that the Commission had decided not to renew the UK's 
application for a fresh derogation for private boats. I know that will be 
unwelcome news. As we have argued to the Commission, it could be highly 
complex and costly to implement the measure, so today I asked officials to 
meet concerned and affected organisations soon to discuss the implications 
of the Commission's decision.


7 Dec 2006 : Column 430

Mr. Carmichael: I thank the Minister for that answer, and he is right that 
the terms of the Commission's communication to the Council of the European 
Union are disappointing. Is he telling the House that that communication 
effectively kills the application for the derogation, as it is, of course, a 
communication to the Council? What can we do to ensure that the necessary 
pumps and facilities will be put in place in every marina and pier that will 
require them before 1 January? I have pursued the Minister on that point for 
a number of years. The issue could have been dealt with much more quickly 
and much sooner, if he had had the backbone to deal with it.

John Healey: We put the strongest possible case to the Commission, and we 
prepared that case in close co-operation with, and with contributions from, 
many of the organisations affected. We could have done little more to press 
the case. I have personally spoken with and written to the Commissioner on 
the issue, but there is no further stage in the process. First, we need to 
discuss the implications of the Commission's decisions. Secondly, we will 
consult widely on implementing the directive. Thirdly, we will have to 
legislate, and implement the changes. I made it clear to the Commissioner 
that it is important to allow the UK a suitable period in which to translate 
the Commission's decision into the implementation of the changes required. 
The Commissioner acknowledged that point, and we will work with the boating 
associations on that in the coming months.

Rob Marris (Wolverhampton, South-West) (Lab): The derogation relates to 
pleasure boats, but not working boats. Can my hon. Friend tell me how much 
tax revenue is forgone each year because of the red diesel tax concession 
for those engaging in aquatic leisure pursuits?

Hon. Members: Answer!

John Healey: It is fair to say that my hon. Friend has not been one of the 
strongest proponents for continuing the derogation. He is right that the 
derogation applies to private boat owners. Commercial boat owners and 
commercial interests will continue to benefit from reduced rates of duty on 
fuel. The revenue that we expect to gain if we are forced to implement the 
three derogations that we currently hold-and we have applied to the 
Commission for their renewal-totals about £10 million. The revenue gain is 
totally out of proportion to the cost of implementation, the complexity that 
may result for the industry, and the disadvantage to users. That was the 
core of the case that we put to the Commission, and I am disappointed that 
it rejected continuing the derogation for private boat owners.

Mr. Robert Goodwill (Scarborough and Whitby) (Con): The decision will be met 
with great dismay in marinas in ports such as Scarborough and Whitby. Does 
the case not expose the myth of the UK veto on taxation matters? A stealth 
tax is being imposed on us by the European Commission, against the wishes 
and the request of the British Government. Who runs Britain?


7 Dec 2006 : Column 431

John Healey: I know the hon. Gentleman's constituency well and I recognise 
the concern that will be felt in Scarborough and Whitby. However, I must 
point out to him the source of the derogation. The principle that road fuel 
level duty should be applied to private boat owners was agreed not in 2003 
under the energy products directive, but in 1992 under the mineral oil 
structures directive, by the previous Government.

Mr. Brian Jenkins (Tamworth) (Lab): I am sure that my hon. Friend will know 
that, as has been stated, the new regulation will be impossible to police, 
and it will add a further burden to our law enforcement agencies. However, 
is it not about time that we woke up to the fact that red diesel is 
outdated? It is just as polluting and bad for our environment as ordinary 
diesel. Should we not work towards cutting out red diesel? To meet the costs 
that that would mean for the industry and users, we could come to some tax 
arrangements that would allow us to phase in that change over the next 
decade.

John Healey: My hon. Friend is right that, in some respects, red diesel is 
more polluting than mainstream fuels. He will have noted that, yesterday, my 
right hon. Friend the Chancellor announced a special duty rate in the 
pre-Budget report to encourage rail operators to use biofuels mixed with red 
diesel to reduce the environmental impact. Red diesel is valuable to many 
commercial sectors that have been given permission to use it. The 
consequences of moving away from red diesel would be profound, but in the 
case of the derogation that we are considering this morning, its 
environmental impact is negligible, which was part of our case to the 
Commission for retaining it.



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