Explanatory note

These Regulations amend the Sulphur Content of Liquid Fuels (Northern Ireland) Regulations 2007 (“the 2007 regulations”) which implement in Northern Ireland, matters concerning heavy fuel oil and gas oil (except marine fuel), in Council Directive 1999/32/EC (OJ L 121, 11.5.1999, p. 13) relating to a reduction in the sulphur content of certain liquid fuels and amending Council Directive 93/12/EEC. The amendments to the 2007 regulations transpose amendments to Council Directive 1999/32/EC made by Directive 2012/33/EU (OJ L 327, 27.11.2012, p. 1) of the European Parliament and of the Council as regards the sulphur content of marine fuels.

Regulation 3 amends the definitions of “gas oil”, “heavy fuel oil” and “CN code” in regulation 2 (interpretation) of the 2007 regulations in order to transpose the definitions of these fuels in Council Directive 1999/32/EC as amended.

Regulation 4 amends regulation 4 of the 2007 regulations in order to transpose the amended derogations to the prohibition on the use of heavy fuel oil with a sulphur content exceeding 1 per cent by mass in Council Directive 1999/32/EC.

Regulation 5 amends regulation 5 of the 2007 regulations and removes a provision which prohibited the use of sulphur content exceeding 0.2 per cent by mass up until 31st December 2007.

Regulation 6 amends regulation 6 of the 2007 regulations, which deals with the duty of the Department to ensure that sampling is carried out of heavy fuel oil and gas oil to check that the use of those fuels complies with regulation 4(1). Regulation 6(2) inserts a requirement that sampling be carried out periodically. Regulation 6(4) inserts a new paragraph setting out the reference method to be adopted for determining the sulphur content of fuels sampled by the Department pursuant to the duty in regulation 6(1) of the 2007 regulations.

Regulation 7 makes minor consequential amendments to Schedule 1 of the 2007 regulations.

Regulation 8 deletes Schedule 2 of the 2007 regulations.

A regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.

Copies of the British Standards publications referred to in these Regulations may be obtained from any of the outlets operated by the British Standards Institution, or by post from the British Standards Institution at Standards House, 389 Chiswick High Road, London W4 4AL. The 1999 Annual Book at ASTM Standards is available from the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428, USA.