STATUTORY INSTRUMENTS.

S.I. No. 72 of 2000.

AIR POLLUTION ACT, 1987 (ENVIRONMENTAL SPECIFICATIONS FOR PETROL AND DIESEL FUELS) REGULATIONS, 2000

S.I. No. 72 of 2000.

AIR POLLUTION ACT, 1987 (ENVIRONMENTAL SPECIFICATIONS FOR PETROL AND DIESEL FUELS) REGULATIONS, 2000

In exercise of the powers conferred on the Minister for the Environment and Local Government by sections 10, 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/EEC⁽¹⁾ relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC⁽²⁾ , I, DAN WALLACE, T.D., Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:--

Citation.

1. (1) These Regulations may be cited as the Air Pollution Act, 1987 (Environmental Specifications for Petrol and Diesel Fuels) Regulations, 2000.

(2) These Regulations and the Air Pollution Act, 1987 (Environmental Specifications for Petrol and Diesel Fuels) Regulations, 1999 ( Air Pollution Act, 1987 (Environmental Specifications for Petrol and Diesel Fuels) Regulations, 1999 and 2000.

2. These Regulations shall come into effect on the 31st day of March 2000.

Entry into force

2. These Regulations shall come into effect on the 31st day of March 2000.

Definitions.

3. In these Regulations--

“the 1999 Regulations” means the Air Pollution Act, 1987 (Environmental Specifications for Petrol and Diesel Fuels) Regulations, 1999 ( S.I. No. 407 of 1999 ).

Environmental Specifications for Petrol.

4. Article 5 of the 1999 Regulations is hereby amended by the substitution of the following sub-article for sub-article (1):--

“5 (1) On or after the 31st day of March 2000 a person shall not market petrol in the State unless it complies with the environmental specifications set out in the First Schedule.”

Transitional Arrangements for Petrol in Service Station Storage Tanks.

5. The following article is hereby substituted for article 6 of the 1999 Regulations:--

“6 (1) Notwithstanding the provisions of article 5, and without prejudice to the provisions of article 7, a person may, on or after the 31st day of March 2000, sell by retail at a service station, petrol which complies with the environmental specifications set out in the First Schedule with the exception of the environmental specifications for benzene and aromatics where--

(a) the benzene content does not exceed 2% v/v;

(b) the aromatics content does not exceed 46% v/v; and

(c) such petrol was delivered to the service station no later than 30th day of March 2000.

(2) In relation to the provisions of paragraph (c) 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.”

Environmental Specifications for Diesel Fuels.

6. Article 8(3) of the 1999 Regulations is hereby amended by the substitution for “petrol” of “diesel fuel”.

Amendments to Benzene and Aromatics Specifications for Petrol from 31 March 2000.

7. The First Schedule to the 1999 Regulations is hereby amended by the substitution in--

(1) The fourth column under the heading “Maximum” and opposite the limit %v/v specified for aromatics of “42.0” for “46.0”; and

(2) The fourth column under the heading “Maximum” and opposite the limit %v/v specified for benzene of “1.0” for “2.0”.

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 amend the environmental specifications in the Air Pollution Act, 1987 (Environmental Specifications for Petrol and Diesel Fuels) Regulations, 1999 ( S.I. No. 407 of 1999 ) for the benzene and aromatics content of petrol marketed on or after 31st March 2000, subject to provision for existing petrol residues in storage tanks.

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

² O.J. No. L74 of 27 March, 1993