S.I. No. 168/1989:

AIR POLLUTION ACT, 1987 (SULPHUR CONTENT OF GAS OIL) REGULATIONS, 1989.

AIR POLLUTION ACT, 1987 (SULPHUR CONTENT OF GAS OIL) REGULATIONS, 1989.

The Minister for the Environment, in exercise of the powers conferred on him by sections 10 , 13 , 14 and 53 of the Air Pollution Act, 1987 (No. 6 of 1987), hereby makes the following Regulations:

1. (1) These Regulations may be cited as the Air Pollution Act, 1987 (Sulphur Content of Gas Oil) Regulations, 1989.

(2) These Regulations shall come into operation on the 1st day of July, 1989.

2. (1) In these Regulations, "authorised person" means a person appointed in writing by the Minister for the Environment to be an authorised person for the purposes of these Regulations.

(2) In these Regulations, "gas oil" means any petroleum product falling under subheading 27.10 C I of the Common Customs Tariff (10 December 1984 edition) or any petroleum product which, by reason of its distillation limits, falls into the category of middle distillates intended for use as fuel and of which at least 85 per cent by volume, including distillation losses, distils at 350°C, other than any such petroleum product which is:

( a ) used by shipping,

( b ) contained in the fuel tank of a motor vehicle entering the State, or

( c ) intended for processing in the refining industry.

3. (1) A person shall not market gas oil in the State if the sulphur content of the oil, expressed as sulphur, established in the manner set out in sub-articles (2) and (3) of this article, exceeds 0.3 per cent by weight.

(2) The sulphur content of gas oil shall be determined on the basis of the method laid down in the document issued by the Institute of Petroleum under reference Designation IP 336/81 (Reapproved 1986) entitled "Sulphur in Petroleum Products by Energy -- Dispersive X-Ray Fluorescence (Non-Dispersive X-Ray Fluorescence)".

(3) The results of individual measurements under sub-article (2) of this article shall be interpreted on the basis of the method described in International Standard ISO 4259 entitled "Petroleum products -- determination and application of precision data in relation to methods of tests", published by the International Standards Organisation in 1979.

4. (1) Where a sample of gas oil is taken by an authorised person for the purpose of these Regulations, the authorised person concerned shall--

( a ) notify forthwith an appropriate person that a sample is so taken, and

( b ) if so required by the appropriate person at the time of the giving of the notification, divide the sample into two parts, seal and mark each part and leave one part with the appropriate person.

(2) In this article "appropriate person" means the owner of or any person who appears to be for the time being in charge of the premises at which the sample is taken.

5. An offence arising from any contravention of these Regulations or which relates to the exercise by an authorised person of his powers for the purposes of these Regulations may be prosecuted summarily by the Minister in lieu of the local authority in whose functional area the offence is committed.

GIVEN under the Official Seal of the Minister for the Environment this 27th day

of June, 1989.

PADRAIG FLYNN,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations prohibit the marketing in the State of gas oil, the sulphur content of which, expressed as sulphur, exceeds 0.3 per cent by weight. They do not apply to gas oil used by shipping, contained in the fuel tanks of motor vehicles entering the State, or intended for processing in the refining industry.

The Regulations give effect to Council Directive of 24 November 1975 (75/716/EEC)* as amended by Council Directive of 30 March 1987 (87/219/EEC)** on the approximation of the laws of the Member States relating to the sulphur content of certain liquid fuels.

The Regulations replace the European Communities (Sulphur Content of Gas Oil) Regulations, 1977 ( S.I. No. 361 of 1977 ) and the European Communities (Sulphur Content of Gas Oil) (Amendment) Regulations, 1985 ( S.I. No. 326 of 1985 ).

*O.J. No. L307/22, 27.11.75.

**O.J. No. L91/19, 3.4.87.