The Sulphur Content of Liquid Fuels (Scotland) Regulations 2007

Interpretation

2.—(1) In these Regulations–

“the 2000 Regulations” means the Sulphur Content of Liquid Fuels (Scotland) Regulations 2000(1);

“combustion plant” means any technical apparatus in which fuels are oxidised in order to use the heat generated;

“Directive 2001/80/EC” means Directive 2001/80/EC of the European Parliament and of the Council on the limitations of emissions of certain pollutants into the air from large combustion plants(2);

“existing plant” has the meaning given in Article 2(10) of Directive 2001/80/EC;

“gas oil” means any petroleum-derived liquid fuel other than marine fuel, diesel fuels (as defined in Article 2(2) of Council Directive 98/70/EC relating to the quality of petrol and diesel fuels(3)) and fuels used in non-road mobile machinery and agricultural tractors–

(a)

which falls within CN code 2710 19 25, 2710 19 29, 2710 19 45 or 2710 19 49; or

(b)

where less than 65 per cent by volume (including losses) distils at 250°C and at least 85 per cent by volume (including losses) distils at 350°C by the ASTM D86 method;

“heavy fuel oil” means any petroleum-derived liquid fuel, other than marine fuel, which–

(a)

falls within CN code 2710 19 51 to 2710 19 69; or

(b)

is not gas oil, and–

(i)

which by reason of its distillation limits, falls within the category of heavy oils intended for use as fuel and of which less than 65 per cent by volume (including losses) distils at 250°C by the ASTM D86 method; or

(ii)

where the distillation cannot be determined by the ASTM D86 method, is categorised as heavy fuel oil;

“marine fuel” means any petroleum-derived liquid fuel intended for use or in use on board a vessel, including those fuels defined in ISO 8217(4);

“new plant” has the meaning given in Article 2(9) of Directive 2001/80/EC;

“SEPA” means the Scottish Environment Protection Agency; and

“sulphur content of liquid fuels permit” means a permit granted in accordance with Schedule 1 to these Regulations or treated as so granted under regulation 8(3).

(2) In paragraph (1)–

(a) “ASTM D86 method” means that method as set out in the American Society for Testing and Materials 1976 edition of standard definitions and specifications for petroleum and lubricating products(5); and

(b) the reference to a numbered CN code is a reference to that code set out in the Integrated Customs Tariff of the United Kingdom (2000 edition) (6).

(3) Other expressions used in these Regulations and in Council Directive 1999/32/EC relating to a reduction in the sulphur content of certain liquid fuels(7) have the same meaning as they do in that Directive.

(1)

S.S.I. 2000/169.

(2)

O.J. No. L 309, 27.11.01, p.1 as amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (O.J. No. L 236, 23.9.03, p.33).

(3)

O.J. No. L 350, 28.12.98, p.58.

(4)

ISO 8217 (2005) is described in the British Standard entitled “Specification for Petroleum Fuels for marine oil engines and boilers”, published under the numbers BS MA100 and ISO 8217:2005, which came into effect on 15th August 1996.

(5)

The ASTM method is described in the 2006 Annual Book of the ASTM Standards: Section 5-Petroleum Products, Lubricants and Fossil Fuels, published by the American Society for Testing and Materials, February 2006.

(6)

The Integrated Customs Tariff of the United Kingdom (2000 edition) is published by HMSO (ISBN 0117818054).

(7)

O.J. No. L 121, 11.5.99, p.13 as amended by Directive 2005/33/EC of the European Parliament and of the Council (O.J. No. L 191, 22.7.05, p.59).