The Sulphur Content of Liquid Fuels (Scotland) Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations extend to Scotland only. They implement in relation to Scotland those matters concerning heavy fuel oil and gas oil (except marine fuels) contained in Council Directive 1999/32/EC (O.J. No. L 121, 11.5.99, p.13 as amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council (O.J. No. L 284, 31.10.03, p.1)) relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC as amended by Directive 2005/33/EC (O.J. No. L 191, 22.7.05, p.59) of the European Parliament and of the Council as regards the sulphur content of marine fuels.

Directive 1999/32/EC was transposed in relation to Scotland by the Sulphur Content of Liquid Fuels (Scotland) Regulations 2000 (S.S.I. 2000/169) (“the 2000 Regulations”). These Regulations implement that Directive as so amended except in respect of marine fuels.

The Regulations–

(a) do not apply to research and testing and certain processing operations (regulation 3);

(b) prohibit the use of heavy fuel oil which has a sulphur content that exceeds 1 per cent by mass except where conditions limiting emissions imposed under a permit issued by SEPA are complied with (regulation 4);

(c) prohibit the use of gas oil–

(i) with a sulphur content exceeding 0.2 per cent by mass until 31st December 2007; and

(ii) with a sulphur content exceeding 0.1 per cent by mass on and from 1st January 2008 (regulation 5);

(d) require the Scottish Ministers to take all necessary measures to ensure that sampling of heavy fuel oil and gas oil to check compliance with regulations 4(1) and (5) is carried out (regulation 6);

(e) make it an offence to contravene the restrictions on the use of heavy fuel oil and gas oil and impose criminal penalties (regulation 7);

(f) revoke the 2000 Regulations with a saving in respect of emission permits granted or applied for under those Regulations (regulation 8);

(g) provide for SEPA to grant emission permits and for such permits to be transferred and surrendered (Schedule 1); and

(h) set out technical requirements for the analysis of samples taken under regulation 6 (Schedule 2).

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 Integrated Customs Tariff of the United Kingdom, which sets out the CN codes used in the definitions of “gas oil” and “heavy fuel oil”, are published by HMSO and available from HMSO Bookshops. The 2006 Annual Book of ASTM Standards is available from the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428, USA.