The Hydrocarbon Oil (Marking and Designated Markers) (Amendment) Regulations 2023

• Citation: S.I. 2023/1187
• Sections: 8

Section 1 Citation

These Regulations may be cited as the Hydrocarbon Oil (Marking and Designated Markers) (Amendment) Regulations 2023.

Section 2 Commencement

(1) Subject to paragraph (2), these Regulations come into force on 1st December 2023.

(2) Regulations 5 and 6 come into force on 18th January 2024.

Section 3 Amendment of the Hydrocarbon Oil (Designated Markers) Regulations 1996

In the Hydrocarbon Oil (Designated Markers) Regulations 1996 , in regulation 2 (designation of markers), in paragraph (2), after the third designated marker, insert “n-butyl phenyl ether;” .

Section 4 Amendment of the Hydrocarbon Oil (Marking) Regulations 2002

The Hydrocarbon Oil (Marking) Regulations 2002 are amended in accordance with regulations 5 to 8.

Section 5 Amendment of the Hydrocarbon Oil (Marking) Regulations 2002

(1) Paragraph (1) of regulation 2 (interpretation) is amended as follows.

(2) Omit the definition of “Colour Index”.

(3) Omit the definition of “the common fiscal marker”.

(4) For the definition of “coumarin” substitute—

“ coumarin ” means 1,2-benzopyrone

(5) In the appropriate places insert—

“ the general marker ” means N-Ethyl-N-[2-(1-isobutoxyethoxy)ethyl]-4-(phenylazo)aniline;

“ solvent orange ” means 1-[(2-methylphenyl)azo]-2-naphthol;

(6) For the definition of “solvent red” substitute—

“ solvent red ” means a dye that consists of at least 50% 1-(2-methyl-4-(2-methylphenylazo)phenylazo)-2-naphthol, with any remainder consisting of one or more of—

1-(4-(phenylazo)phenylazo)-2-naphthol;

1-[[3-methyl-4-[(3-methylphenyl)azo]phenyl]azo]-2-naphthol;

1-[[2,5-dimethyl-4-[(2-methylphenyl)azo]phenyl]azo]-2-naphthol;

1-[[4-[(dimethylphenyl)azo]dimethylphenyl]azo]-2-naphthol.

Section 6 Amendment of the Hydrocarbon Oil (Marking) Regulations 2002

(1) Regulation 3 (prescribed markers and colouring substance) is amended as follows.

(2) In paragraph (1)—

(a) in sub-paragraph (a), for “paragraph (2)(a), (b) and (d)” substitute “paragraph (2)(a), (b), (d) and (e)” ;

(b) in sub-paragraph (b), for “paragraph (2)(a), (c) and (d)” substitute “paragraph (2)(a), (c), (d) and (e)” ;

(c) in sub-paragraph (c), for “paragraph (2)(a), (b) and (d)” substitute “paragraph (2)(a), (b), (d) and (e)” ;

(d) in sub-paragraph (d), for “paragraph (2)(a), (c) and (d)” substitute “paragraph (2)(a), (c), (d) and (e)” .

(3) In paragraph (2)—

(a) For paragraph (a), substitute—

(a) the general marker added in the proportion of not less than 3 kilograms per 1,000,000 litres of oil;

(b) in sub-paragraph (d), for “oil.” substitute “oil;” ;

(c) after sub-paragraph (d), insert—

(e) n-butyl phenyl ether added in the proportion of not less than 9.5 kilograms and not more than 14.25 kilograms per 1,000,000 litres of oil.

(4) For paragraph (3), substitute—

(3) The colouring substance is not less than 4 kilograms of solvent red per 1,000,000 litres of oil and not less than 0.4 kilograms of solvent orange per 1,000,000 litres of oil.

Section 7 Amendment of the Hydrocarbon Oil (Marking) Regulations 2002

After regulation 9 (use of composite solution) insert—

Production of composite solution

(9A)

(1) A solution containing the markers intended for use in marking oil, biodiesel or bioblend in accordance with these Regulations may be produced by the addition of markers to a base of oil, biodiesel or bioblend in a proportion greater than that specified in regulation 3(2) and (3).

(2) The markers may be added to the base of oil, biodiesel or bioblend at a time later than that specified in regulation 8(a), in the case of oil and bioblend, and later than that specified in regulation 8(b), in the case of biodiesel.

Requirement for even mixing

(9B) When oil, biodiesel or bioblend is marked, whether by the addition to it of a solution containing the markers or otherwise, the markers must be so mixed into the oil, biodiesel or bioblend that the markers are evenly distributed throughout the oil, biodiesel or bioblend.

Section 8 Amendment of the Hydrocarbon Oil (Marking) Regulations 2002

(1) In regulation 15 (prohibition relating to other markers), in paragraph (1), after “marker” insert “or n-butyl phenyl ether” .

(2) This regulation ceases to have effect on 18th January 2024.