The Motor Fuel (Composition and Content) (Amendment) Regulations 2003

• Citation: S.I. 2003/3078
• Sections: 9

Section 1 Citation and commencement

These Regulations may be cited as the Motor Fuel (Composition and Content) (Amendment) Regulations 2003 and shall come into force on 31st December 2003.

Section 2 Amendment of the Motor Fuel (Composition and Content) Regulations 1999

The Motor Fuel (Composition and Content) Regulations 1999 shall be further amended in accordance with the following provisions of these Regulations.

Section 3 Interpretation

In regulation 2 (general interpretation)—

(a) in the definition of “the Directive”, for “as amended by Commission Directive 2000/71/ EC ” there shall be substituted “as last amended by Directive 2003/17/EC of the European Parliament and of the Council” ;

(b) after the definition of “filling station tank” there shall be inserted—

“gas oil” means any petroleum-derived liquid falling within CN codes 2710 19 41 and 2710 19 45;

(c) in the definition of “motor fuel” after “diesel fuel” there shall be inserted “or gas oil”;

(d) after the definition of “motor fuel” there shall be inserted the following definition—

“mg/ kg ” means milligrams per kilogram;

(e) for the definition of “sell” there shall be substituted—

“sell” means—

in relation to motor fuel which is petrol or diesel fuel, to sell by retail at a filling station;

in relation to motor fuel which is gas oil, to sell to a person for use by that person, and “sale” and “sold” shall be construed accordingly.

Section 4 Interpretation of requirements relating to petrol and diesel fuel

(1) Regulation 3 shall be amended as follows.

(2) In the heading for “motor fuel” there shall be substituted “petrol and diesel fuel”.

(3) In paragraph (2)—

(a) in sub-paragraph (a) for “from 1st January 2000” there shall be substituted “before 1st January 2005”;

(b) in sub-paragraph (b) after “2005” there shall be inserted “and before 1st January 2009”; and

(c) following sub-paragraph (b) there shall be inserted the following new sub-paragraph—

(c) on or after 1st January 2009 it complies with the environmental specifications in Annex III of the Directive with 10 mg/kg as the maximum sulphur content.

(4) In paragraph (3)—

(a) in sub-paragraph (a) for “from 1st January 2000” there shall be substituted “before 1st January 2005”;

(b) in sub-paragraph (b) after “2005” there shall be inserted “and before 1st January 2009”; and

(c) following sub-paragraph (b) there shall be inserted—

(c) on or after 1st January 2009 it complies with the environmental specifications in Annex III of the Directive with 10 mg/kg as the maximum sulphur content.

(5) In paragraph (5)—

(a) in sub-paragraph (a) for “from 1st January 2000” there shall be substituted “before 1st January 2005”;

(b) in sub-paragraph (b) after “2005” there shall be inserted “and before 1st January 2009”; and

(c) following sub-paragraph (b) there shall be inserted—

(c) from 1st January 2009 it complies with the environmental specifications in Annex IV of the Directive with 10 mg/kg as the maximum sulphur content.

Section 5 Restrictions and exemptions relating to the distribution and sale of petrol and diesel fuel

In the headings to regulations 4 and 5, for “motor fuel” there shall in each case be substituted “petrol or diesel fuel”.

Section 6 Restrictions on the sale of gas oil

After regulation 5 there shall be inserted the following regulation—

Restrictions on the sale of gas oil

(5A) No person shall sell gas oil for use within the United Kingdom—

(a) if he knows that the gas oil is intended for use in non-road mobile machinery or agricultural or forestry tractors; and

(b) if the sale takes place—

(i) before 1st January 2008 the sulphur content is 2,000 mg/kg or higher; or

(ii) on or after 1st January 2008 the sulphur content exceeds 1,000 mg/kg.

Section 7 Exemptions relating to the distribution or sale of motor fuel

(1) Regulation 6 shall be amended as follows.

(2) In paragraphs (1) and (3), for “Regulations 4 and 5” in both places occurring there shall be substituted “Regulations 4, 5 and 5A”.

(3) In paragraph 5, for “regulation 4 or 5” there shall be substituted “regulations 4, 5 or 5A”.

Section 8 Powers of the Secretary of State to grant exemptions

In regulation 7(1), for “Articles 3(5), 4(3) and 7” there shall be substituted “Article 7”.

Section 9 Applications for leaded petrol permits

In Schedule 1, in paragraph 5, for “1st January 2000” there shall be substituted “the first day from which the permit is to apply”.