Despite a reminder in May 2020, the UK has still not brought itself into compliance with EU rules on marked fuel. The European Commission stepped up to the plate on Thursday 3 December and decided to refer the country to the EU Court of Justice for non-compliance with EU rules.
In its judgment of 17 October 2018 (Case C-503/17), the Court found that by allowing the use of marked fuel for the propulsion of private pleasure craft, even where such fuel is not subject to any exemption or reduction in excise duty, the United Kingdom had failed to fulfil its obligations under EU rules on the fiscal marking of gas oil and kerosene (Directive 95/60/EC).
To date, the UK has still not changed its rules to comply with EU law, as required by the judgment. It should be recalled that during the transitional period, the United Kingdom remains bound by EU law.
The Commission is also asking the Court to impose financial penalties in the form of a lump sum and a daily penalty payment. The lump sum covers the period between the first judgment of the Court of Justice and either the day on which the United Kingdom fully complies with that judgment or the day on which the judgment is delivered, specifies the Commission. (Original version in French by Marion Fontana)