Explanatory note

These Regulations amend the Motor Fuel (Composition and Content) Regulations 1999 (S.I. 1999/3107) (“the 1999 Regulations”) in relation to Northern Ireland.

These Regulations amend the 1999 Regulations to make provision in relation to the distribution and sale in Northern Ireland of premium 95 grade petrol that has a minimum ethanol content of 5.5% by volume.

Regulation 3 amends regulation 2 of the 1999 Regulations by inserting a definition of “premium 95 grade petrol” and “FAME”, by amending the definition of “distribute” to include distribution from a blending facility and by inserting a definition of “blending facility”.

Regulation 4(b) inserts paragraph (8) into regulation 3 of the 1999 Regulations to provide that premium 95 grade petrol will not meet the summer or winter petrol requirement unless it also has a minimum ethanol content of 5.5% by volume (“required minimum ethanol content”). Paragraph (a) amends paragraph (5) of regulation 3 to provide for the supply, from certain filling stations, of super unleaded petrol with a maximum ethanol content of 5% by volume and a maximum oxygen content of 2.7% by volume.

Regulation 5 amends regulation 4(2) of the 1999 Regulations to provide for the period during which petrol distributed from a blending facility must satisfy the summer petrol requirement.

Regulation 6 inserts paragraph (1A) into regulation 5 of the 1999 Regulations to provide that during the period beginning on 1st November 2022 and ending on 1st January 2023, a person can sell premium 95 grade petrol which does not have the required minimum ethanol content but which otherwise satisfies the winter petrol requirement.

Regulation 7(b) amends regulation 6 of the 1999 Regulations to provide exemptions to the requirement that premium 95 grade petrol that is distributed and sold must have a minimum ethanol content of 5.5% by volume. Regulation 7(a) removes an obsolete provision in regulation 6.

Regulation 8 provides for the Secretary of State to undertake a review of the regulatory provisions contained in these Regulations on a five-yearly basis.

A draft of these Regulations was notified to the European Commission on 16th September 2021 in accordance with the Technical Standards Directive (Directive (EU) 2015/1535) and the notification number is 2021/7011/X1. This complies with Article 5(4) of, and Annex 2 to, the Protocol on Ireland/Northern Ireland to the EU withdrawal agreement.

An impact assessment has not been produced for this instrument as the effect of this instrument on the costs of business, the voluntary sector and the public sector is covered by the impact assessment published with S.I. 2021/894 at https://www.legislation.gov.uk/uksi/2021/894/impacts and is also available from the Department of Transport, 33 Horseferry Road, London, SW1P 4DR. An Explanatory Memorandum is published alongside this instrument on https://www.legislation.gov.uk.