STATUTORY INSTRUMENTS.

S.I. No. 407 of 1999.

AIR POLLUTION ACT, 1987 (ENVIRONMENTAL SPECIFICATIONS FOR PETROL AND DIESEL FUELS) REGULATIONS, 1999.

S.I. No. 407 of 1999.

AIR POLLUTION ACT, 1987 (ENVIRONMENTAL SPECIFICATIONS FOR PETROL AND DIESEL FUELS) REGULATIONS, 1999.

In exercise of the powers conferred on the Minister for the Environment and Local Government by sections 10, 13, 14 and 53 of the Air Pollution Act, 1987 (No. 6 of 1987) , which said powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 428 of 1997 ), and for the purpose of giving effect to Council Directive 98/70/EEC¹ relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC² , I, DAN WALLACE, T.D., Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:--

Citation.

1. These Regulations may be cited as the Air Pollution Act, 1987 (Environmental Specifications for Petrol and Diesel Fuels) Regulations, 1999.

Entry into Force.

2. These Regulations shall come into effect on the 30th day of December 1999.

Definitions.

3. (1) In these Regulations--

“the Act” means the Air Pollution Act, 1987 (No. 6 of 1987) ;

“authorised person” has the meaning assigned to it by the Act;

“the Commission” means the Commission of the European Communities;

“the Directive” means Council Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC;

“market” means to distribute petrol or diesel fuels to a service station or to sell petrol or diesel fuels by wholesale or retail at a service station;

“service station” means any premises used, or intended to be used, for the sale of petrol or diesel fuels to the public.

(2) In these Regulations--

(a) any reference to a schedule which is not otherwise identified is a reference to a schedule of these Regulations;

(b) any reference to an article or sub-article which is not otherwise identified is a reference to an article or sub-article of these Regulations;

(c) any reference to an Annex which is not otherwise identified is a reference to an Annex of the Directive, including any footnotes or other requirements specified therein, and, for the avoidance of doubt, includes amendments to the Annexes adopted in accordance with the procedures specified in Article 10 of the Directive; and

(d) a letter, word, phrase or symbol which has been assigned a meaning by the Directive, or is used in the Directive, has that meaning where the context requires except where otherwise indicated.

Scope.

4. These Regulations set the technical specifications on health and environmental grounds for fuels to be used for vehicles equipped with positive-ignition and compression-ignition engines.

Environmental Specifications for Petrol.

5. (1) On or after the 1st day of January 2000 a person shall not market petrol in the State unless it complies with the environmental specifications set out in the First Schedule.

(2) Notwithstanding the provisions of the preceding sub-article, on or after the 1st day of January 2000 a person may market petrol in the State if it complies with the environmental specifications set out in the Third Schedule.

(3) On or after the 1st day of January 2005 a person shall not market petrol in the State unless it complies with the environmental specifications set out in the Third Schedule.

Transitional Arrangements for Petrol in Service Station Storage Tanks.

6. (1) Notwithstanding the provisions of article 5, and without prejudice to the provisions of article 7, a person may, on or after the 1st day of January 2000, sell by retail at a service station, petrol which does not comply with the environmental specifications set out in the First Schedule where--

(a) the research octane number complies with the environmental specification set out in the First Schedule;

(b) the motor octane number complies with the environmental specification set out in the First Schedule;

(c) the benzene content does not exceed 5% v/v; and

(d) such petrol was delivered to the service station no later than 30th day of December 1999.

(2) In relation to the provisions of paragraph (d) of the preceding sub-article the onus of proof as to the delivery date of any such petrol shall reside with the person having the general control and management of the service station.

Special Provisions for the Marketing of Leaded Petrol.

7. Notwithstanding the provisions of article 5, and without prejudice to the provisions of article 6, the Minister may, in response to any scheme in that regard, permit the marketing of leaded petrol, where--

(a) the total quantity of such petrol for any one calendar year does not exceed, at maximum, 0.5% of the total petrol sales in the State for the preceding calendar year; and

(b) such petrol is to be used by old vehicles of a characteristic nature and is to be distributed through a special interest group or special interest groups prescribed by the Minister.

Environmental Specifications for Diesel Fuels.

8. (1) On or after the 1st day of January 2000, a person shall not market diesel fuel in the State unless it complies with the environmental specifications set out in the Second Schedule.

(2) Notwithstanding the provisions of the preceding sub-article, on or after the 1st day of January 2000, a person may market diesel fuel in the State if it complies with the environmental specifications set out in the Fourth Schedule.

(3) On or after the 1st day of January 2005 a person shall not market petrol in the State unless it complies with the environmental specifications set out in the Fourth Schedule.

Transitional Arrangement for Diesel Fuels in Service Station Storage Tanks.

9. (1) Notwithstanding the provisions of article 8, a person may, on or after the 1st day of January 2000, sell by retail at a service station, diesel fuel which does not comply with the environmental specifications set out in the Second Schedule where--

(a) the sulphur content does not exceed 500 mg/kg; and

(b) such diesel fuel was delivered to the service station no later than 30th day of December 1999.

(2) In relation to the provisions of paragraph (b) of the preceding sub-article the onus of proof as to the delivery date of any such diesel fuel shall reside with the person having the general control and management of the service station.

Exemption from Diesel Fuels Specifications in Certain Uses.

10. Notwithstanding the provisions of article 8, gas oils used in engines in non-road mobile machinery and agricultural tractors may have a maximum sulphur content of 2000 mg/kg.

Free Circulation of Fuels.

11. A person shall not be prohibited, restricted or prevented from placing on the market in the State for the purposes of the Act petrol or diesel fuels which comply with the requirements of these Regulations.

Monitoring Compliance.

12. (1) Compliance with the environmental specifications for petrol set out in articles 5(1), 6 and 7 shall be determined on the basis of the relevant analytical test methods set out in Annex I.

(2) Compliance with the environmental specifications of petrol set out in articles 5(2) and 5(3) shall be determined on the basis of the relevant analytical test methods set out in Annex III.

(3) Compliance with the environmental specifications for diesel fuel set out in articles 8(1), 9 and 10 shall be determined on the basis of the relevant analytical test methods set out in Annex II.

(4) Compliance with the environmental specifications for diesel fuel set out in articles 8(2) and 8(3) shall be determined on the basis of the relevant analytical test methods set out in Annex IV.

Sampling of Fuels.

13. (1) An officer of the Revenue Commissioners may take, at any place in the State, a sample of petrol or diesel fuel for the purposes of these Regulations.

(2) The authorised person or officer of the Revenue Commissioners taking a sample shall--

(a) notify forthwith an appropriate person that a sample is so taken; and

(b) if so required by the appropriate person at the time of the giving of the notification, divide the sample into two parts, seal and mark each part and leave one part with the appropriate person.

(3) In this article “appropriate person” means the owner of, or any person who appears for the time being in charge of, the premises at which the sample is taken.

Revocations.

14. (1) The European Communities (Lead Content of Petrol) Regulations, 1985 ( S.I. No. 378 of 1985 ); the European Communities (Lead Content of Petrol) Regulations, 1986 ( S.I. No. 374 of 1996 ) and the European Communities (Benzene Content of Leaded Petrol) Regulations, 1988 ( S.I. No. 212 of 1988 ) are hereby revoked with effect from the 1st day of January 2000.

(2) In the Air Pollution Act, 1987 (Sulphur Content of Gas Oil) Regulations, 1994 ( S.I. No. 256 of 1994 )--

(a) the definition of “diesel fuel” in article 3;

(b) the words “Subject to sub-article (2) of this article,” in article 4(1); and

(c) article 4(2)

are hereby revoked with effect from the 1st day of January 2000.

FIRST SCHEDULE

Environmental Specifications for Petrol from 1 January 2000

SECOND SCHEDULE

Environmental Specifications for Diesel Fuel from 1 January 2000

THIRD SCHEDULE

Environmental Specifications for Petrol from 1 January 2005

The specifications shall be the same for all parameters as set out in the First Schedule, except for the following amendments.

FOURTH SCHEDULE

Environmental Specifications for Diesel Fuel from 1 January 2005

The specifications shall be the same for all parameters as set out in the Third Schedule, except for the following amendments.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations are made pursuant to EC Council Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC.

The Regulations lay down the environmental specifications for petrol and diesel fuels marketed on or after 1st January 2000 and 1st January 2005, subject to provision for existing residues in storage tanks and in certain other specified limited circumstances.

Existing Regulations specifying environment standards for such fuels are also revoked.

¹ O.J. No. L350/58 of 28 December 1998.

² O.J. No. L74 of 27 March, 1993.