The Motor Fuel (Composition and Content) and Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010

Substitution of regulation 5A

7.  For regulation 5A (restrictions on the sale of gas oil), substitute—

“Restrictions on the marketing of marine diesel oil and marine gas oil

5A.— (1) The placing on the market of marine diesel oil is prohibited if the sulphur content exceeds 1.50 per cent by mass.

(2) The placing on the market of marine gas oil is prohibited if the sulphur content exceeds 0.10 per cent by mass.

(3) Analysis of marine fuel to determine its sulphur content must be in accordance with the provisions of paragraphs (4) and (5).

(4) The reference method adopted for determining the sulphur content is to be that defined by PrEN ISO 14596(1) or ISO method 8754 (2003)(2) as appropriate.

(5) The arbitration method is to be that specified in PrEN ISO 14596.

(6) This regulation does not apply to marine fuel—

(a) intended for the purpose of research and testing;

(b) intended for processing prior to final combustion; or

(c) to be processed in the refining industry.

(7) For the purposes of this regulation—

“marine diesel oil” means any marine fuel which has a viscosity or density falling within the ranges of viscosity or density defined for DMB or DMC grades in Table I of ISO 8217 (2005)(3);

“marine gas oil” means any marine fuel which has a viscosity or density falling within the ranges of viscosity or density defined for DMX or DMA grades in Table I of ISO 8217 (2005);

“marine fuel” means any petroleum based liquid fuel intended for use or in use on board a vessel including those fuels defined in ISO 8217 (2005);

“placing on the market” means supplying or making available to third persons, against payment or free of charge, anywhere within the United Kingdom marine fuels for on-board combustion, but excludes supplying or making available marine fuels for export in ships’ cargo tanks.

Restrictions on the distribution and sale of gas oil and other liquid fuel

5B.— (1) Subject to the provisions of these regulations, no person shall distribute, for use within the United Kingdom, gas oil or other liquid fuel if—

(a) that person knows that the gas oil, or as the case may be, other liquid fuel is intended for use in—

(i) non-road mobile machinery, including inland waterway vessels which do not normally operate at sea;

(ii) agricultural tractors;

(iii) forestry tractors; or

(iv) recreational craft which do not normally operate at sea; and

(b) the sulphur content exceeds 10 mg/kg at the point of distribution.

(2) Subject to the provisions of these regulations, no person shall sell, for use within the United Kingdom, gas oil or other liquid fuel if—

(a) that person knows that the gas oil, or as the case may be, other liquid fuel is intended for use in—

(i) non-road mobile machinery, including inland waterway vessels which do not normally operate at sea;

(ii) agricultural tractors;

(iii) forestry tractors; or

(iv) recreational craft which do not normally operate at sea; and

(b) the sulphur content exceeds 20 mg/kg at the point of sale.

(3) No person shall, in the circumstances set out in paragraph (1)(a), sell, or offer for sale—

(a) gas oil, or

(b) other liquid fuel,

containing metallic additives unless the requirement in paragraph (4) is complied with.

(4) The requirement referred to in paragraph (3) is that the words “Contains metallic additives” are displayed prominently on the dispenser from which that gas oil or, as the case may be, other liquid fuel is sold or offered for sale.

(5) Subject to the provisions of these regulations, no person shall, before 1st January 2014, in the circumstances set out in paragraph (1)(a), distribute—

(a) gas oil, or

(b) other liquid fuel,

containing more than 6 mg of manganese per litre.

(6) Subject to the provisions of these regulations, no person shall, on or after 1st January 2014, in the circumstances set out in paragraph (1)(a), distribute—

(a) gas oil, or

(b) other liquid fuel,

containing more than 2 mg of manganese per litre.

(7) For the purposes of this regulation—

(a) consignments of gas oil or other liquid fuel placed in a storage tank after sale are presumed to be dispensed from that tank for use in the same order as they were introduced;

(b) the terms “non-road mobile machinery” and “inland waterway vessel” have the meanings given by Article 2 of Council Directive 97/68/EC(4);

(c) the terms “agricultural tractor” and “forestry tractor” have the meanings given by Article 1 of Council Directive 2000/25/EC(5);

(d) the term “recreational craft” has the meaning given by Article 1(3) of Council Directive 94/25/EC(6);

(e) an inland waterway vessel or a recreational craft does not normally operate at sea if it does not normally operate—

(i) beyond the limits of waters in categories A and B, or

(ii) in waters in category C, but excluding deep lakes and lochs where the significant wave height (calculated as four times the square root of the area under the wave energy spectrum) could not be expected to exceed 1.2 metres at any time,

where categories A, B and C have the meanings given to them in Merchant Shipping Notice 1776(M) issued by the Maritime and Coastguard Agency.

Offences and penalties

5C.— (1) A person who—

(a) places on the market marine diesel oil in contravention of regulation 5A(1); or

(b) places on the market marine gas oil in contravention of regulation 5A(2),

is guilty of an offence and punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment by a fine.

(2) In any proceedings for an offence under paragraph 1 it is a defence for the person charged to prove that that person took all reasonable steps and exercised all due diligence to ensure that the regulation in question was complied with.

(3) A person who contravenes or fails to comply with regulation 5B(3), (5) or (6) in so far as that contravention or failure relates to motor fuel not intended for use in motor vehicles, shall be guilty of an offence and liable—

(a) on conviction on indictment, to a fine; and

(b) on summary conviction, to a fine not exceeding the statutory maximum.

(4) A person who contravenes or fails to comply with regulation 5B(1) or (2) in Northern Ireland, in so far as that contravention or failure relates to motor fuel not intended for use in motor vehicles, shall be guilty of an offence and liable—

(a) on conviction on indictment, to a fine; and

(b) on summary conviction, to a fine not exceeding the statutory maximum.

(5) It shall be the duty of—

(a) every local authority in Great Britain to enforce within its area regulation 5B(3), (5) and (6) in relation to motor fuel not intended for use in motor vehicles; and

(b) the Department of Enterprise, Trade and Investment in Northern Ireland to enforce within Northern Ireland regulation 5B in relation to motor fuel not intended for use in motor vehicles,

but nothing in this paragraph shall be taken to authorise a local authority in Scotland to institute proceedings for any offence.

(6) In so far as they apply to motor fuel not intended for use in motor vehicles, regulation 5B(3), (5) and (6), and regulation 5B(1) and (2) in so far as they apply to Northern Ireland, shall apply to gas oil or other liquid fuel used for, and to persons in, the public service of the Crown as they apply to motor fuel used for other purposes and to other persons.

(7) Schedule A1 shall have effect with regard to the enforcement of—

(a) regulation 5B(3), (5) and (6) in Great Britain; and

(b) regulation 5B in Northern Ireland,

in relation to gas oil and other liquid fuel not intended for use in motor vehicles and related matters.

(8) A local authority in Great Britain, and the Department of Enterprise, Trade and Investment in Northern Ireland, shall not be entitled by virtue of paragraph (6) to exercise, in relation to motor fuel used for and persons in the public service of the Crown, any power conferred on it by virtue of paragraphs 2 to 4 of Schedule A1.”

(1)

Described in the British Standard “Petroleum Products – Determination of Sulphur content – Wavelength-dispersive X-ray fluorescence spectrometry; BS EN ISO 14596 2007 and ISO 14596 2007, which came into effect on 31st October 2007.

(2)

Described in the British Standard “Petroleum Products – Determination of Sulphur content – Energy-dispersive X-ray fluorescence methods; BS EN ISO 8754 2003 and ISO 8754 2003, which came into effect on 14th August 2003.

(3)

ISO Standard – Petroleum Products – Fuels (class F) – Specification of Marine Fuels: ISBN 0 580 475 468.

(4)

OJ L 59, 27.2.1998, p1; relevant amending instruments are Council Directive 2004/26/EC of the European Parliament and of the Council of 21st April 2004, OJ L 146, 30.4.2004, p1 and the Corrigendum in respect of Directive 2004/26/EC, OJ L 225, 25.6.2004, p3.

(5)

OJ L 173, 12.7.2000, p1, to which there are amendments not relevant to these Regulations.

(6)

OJ L 164, 30.6.1994, p15; amended by Directive 2003/44/EC of the European Parliament and of the Council of 16th June 2003, OJ L 214, 26.8.2003, p18; there are other amending instruments but none is relevant.