Summary in 5 points
1) the HVP is recognized as fuel on the roads of Europe (a)
2) Since the 1er January 2005, the state can not deny and besides pass the direct effect of this directive (b)
3) Free states to apply the taxation they want to the HVP (c)
4) But the state can not take advantage of its own failure, (d)
in particular the absence of tax provisions for the HVP (e)
5) In the case of refueling carried out abroad they fall under the Istanbul Convention ratified by France (f) On justification of purchase, no sanction is possible.
Attachments
(a) 2003 / 30 / EC DIRECTIVE
Article first
This Directive aims to promote the use of biofuels or other renewable fuels to replace diesel or gasoline for transport in each Member State, with a view to contributing to the achievement of objectives including commitments on climate change, to ensure an environmentally sound supply security and to promote renewable energy sources.
Article 2
1. For the purposes of this Directive, biofuel means:
(j) 'pure vegetable oil' means oil produced from oleaginous plants by pressure, extraction or comparable processes, whether crude or refined, but without chemical modification, where its use is compatible with the type of engine concerned and the corresponding requirements; in terms of emissions.
(b) Article 7 2003 30 CE
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2004 at the latest.
(c) 2003 96 / 27 / EC COUNCIL 2003 DIRECTIVE restructuring the Community framework for the taxation of energy products and electricity
Article first
Member States shall tax energy products and electricity in accordance with this Directive.
Article 15
1. Without prejudice to other Community provisions, Member States may apply, under fiscal control, total or partial exemptions or reductions in the level of taxation:
(a) taxable products used under tax control in the context of pilot projects for the technological development of less polluting products, or for fuels or fuels derived from renewable resources;
Article 16
1. Member States may, without prejudice to paragraph 5, apply a tax-exempt exemption or reduced tax rate to the taxable goods referred to in Article 2 when they consist of or contain one or more of the following products:
- products derived from biomass, including products falling within CN codes 4401 and 4402.
(d) 55 article of constiution:
Treaties or agreements duly ratified or approved have, from their publication, an authority superior to that of the laws, subject, for each agreement or treaty, to its application by the other party.
State Council Notice
First of all, a directive can only have a direct effect after the expiry of the deadline for transposition and when it has not been transposed or has been incorrectly transposed.
On the other hand, the provisions of the Directive must be sufficiently precise to be directly applicable by the national court.
The idea underlying this principle is that a State that has failed to fulfill its obligations can not derive benefits from its own failure to impose burdens or obligations on an individual.
Moreover, in the context of a dispute between an individual and a State authority, the fact that the application of the directive by the national court may have negative consequences for a third party, even if they are certain, does not justify any deny an individual the right to rely on the provisions of a directive against the Member State concerned (judgment of 7 January 2004, C-201 / 02,
(e) Official Bulletin of Customs
OIL PRODUCTS
List of authorized fuels under Article 265 ter of the Customs Code
ARTICLE 265 ter
1. The use of carburation, sale or sale for the carburation of products whose use and sale for this purpose have not been specifically authorized by orders of the Minister of the Budget and the Minister 'industry.
2. Without prejudice to prohibitions or penalties that may result from other legislation, products used or intended to be used in violation of the 1 above are subject to taxes applicable to leaded premium gasoline.
[265] 3. Any product intended to be used, offered for sale or used as motor fuel or as an additive or to increase the final volume of motor fuels is subject to the domestic consumption tax at the rate applicable to the fuel in which it is incorporated or to which he substitutes.
(f) 26 June Istanbul Convention 1990, Annex C Chapter II Article 4.1:
Fuels and fuels contained in the normal tanks of temporarily imported means of transport and lubricating oils intended for the normal needs of such means of transport shall be admitted free of import duties and taxes and without the application of import prohibitions or restrictions. .
Found on the site HVP78.com (it must be seen, it is excellent, very well documented): In Germany there are approx 150 HVP pumps. The French who are going to fill up in Germany are not verbalizable by the French gendarmes if they have their ticket of purchase in Germany !!!! In what Europe do we live?
In the case of fuel tanks made abroad they fall under the Istanbul Convention ratified by France. On justification of purchase, no sanction is possible.
What is this Istanbul Convention? Turkey is not part of Europe !!!!
It is crazy and coy with the oil companies to produce diester in France (controlled by oil is a shame for France). Once again, we are lying.
When we see this young man who grows rapeseed instead of corn and who produces himself his organic HVP without chemical additives (10000 euros investment) and cake for animals (cows) (site HVP78.com), c It is difficult to understand that this HVP can not be commercialized and used in diesel engines of all vehicles.
I will write to N.Hulot and the presidential candidates to ask them what they intend to do in this area. I think the guys at oliomobile.com have already done, I'll go see it.