Amendment of regulation 2 (interpretation)
3. For regulation 2 (interpretation) substitute—
“2.—(1) In these Regulations—
“combustion plant” means any technical apparatus in which fuels are oxidised in order to use the heat generated;
“Council Directive 1999/32/EC” means Council Directive 1999/32/EC relating to a reduction in the sulphur content of certain liquid fuels and amending Council Directive 93/12/EEC;
“gas oil” means any petroleum-derived liquid fuel—
that falls within CN code 2710 19 25, 2710 19 29, 2710 19 47, 2710 19 48, 2710 20 17 or 2710 20 19; or
of which less than 65 per cent by volume (including losses) distils at 250°C and of which at least 85 per cent by volume (including losses) distils at 350°C by the ASTM D86 method,
but excluding marine fuels, diesel fuels (as defined by Article 2(2) of Directive 98/70/EC of the European Parliament and of the Council relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC) and fuels used in non-road mobile machinery and agricultural tractors;
“heavy fuel oil” means any petroleum-derived liquid fuel—
that falls within CN code 2710 19 51 to 2710 19 68, 2710 20 31, 2710 20 35 or 2710 20 39;
which, by reason of its distillation limits, falls within the category of heavy oils intended for use as fuel and of which less than 65 per cent by volume (including losses) distils at 250°C by the ASTM D86 method; or
where the distillation cannot be determined by the ASTM D86 method, that is categorised as heavy fuel oil,
but excluding marine fuel and gas oil;
“marine fuel” means any petroleum-derived liquid fuel intended for use or in use on board a vessel, including those fuels defined in ISO 8217;
“sulphur content of liquid fuels permit” has the meaning given in regulation 4(5)(b);
“the 2013 Regulations” means the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;
(2) In paragraph (1)—
(a)“ASTM method” means a method laid down by the American Society for Testing and Materials in the 1976 edition of standard definitions and specifications for petroleum and lubricating products; and
(b)the reference to a numbered CN code is a reference to the code set out in Annex I to Council Regulation 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff;
(3) Expressions used in these Regulations that also appear in Council Directive 1999/32/EC relating to a reduction in the sulphur content of certain liquid fuels as amended by Directive 2005/33/EC of the European Parliament and of the Council have the same meaning as they do in that Directive.
(4) The Interpretation Act (Northern Ireland) 1954 applies to these regulations as it applies to an Act of the Assembly.”