The Motor Fuel (Composition and Content) and the Biofuel (Labelling) (Amendment) (No. 2) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Motor Fuel (Composition and Content) Regulations 1999 (S.I. 1999/3107) (“the 1999 Regulations”) and the Biofuel (Labelling) Regulations 2004 (S.I. 2004/3349).

Part 2 of these Regulations amends the 1999 Regulations to make provision in relation to the introduction of premium 95 grade petrol that has a minimum ethanol content of 5.5% by volume and to make provision in relation to the United Kingdom’s exit from the European Union.

In relation to the United Kingdom’s exit from the European Union, regulation 9 of these Regulations amends regulation 7 of the 1999 Regulations to correct a deficiency in the operation of that regulation. These Regulations also amend the 1999 Regulations to replace references to provisions of the Directive with references to domestic legislation, to make amendments to the definitions of “diesel fuel”, “gas oil” and “petrol” and to update the relevant CN codes (see regulations 3(2)(a) to (c) and (e) to (g) and (3), 4(a), (b), (c) and (e), 7 and 10). Regulation 8(a) removes an obsolete provision in regulation 6 of the 1999 Regulations and regulation 11 inserts Schedule AA1 to the 1999 Regulations, which sets out the environmental specifications for petrol and diesel fuel.

In relation to premium 95 grade petrol, regulation 3(2)(h) amends regulation 2 of the 1999 Regulations to insert a definition of “premium 95 grade petrol” and regulation 4(f) inserts paragraph (8) into regulation 3 of the 1999 Regulations to provide that premium 95 grade petrol will not meet the summer or winter petrol requirement unless it also has a minimum ethanol content of 5.5% by volume (“required minimum ethanol content”). The definition of “distribute” in regulation 2 of the 1999 Regulations is amended by regulation 3(2)(d) to include distribution from a blending facility and regulation 3(2)(a) inserts a definition of “blending facility” into regulation 2 of the 1999 Regulations.

Regulation 5 amends regulation 4(2) of the 1999 Regulations to provide for the period during which petrol distributed from a blending facility must satisfy the summer petrol requirement.

Regulation 6 inserts paragraph (1A) into regulation 5 of the 1999 Regulations to provide that during the period beginning on 1st September 2021 and ending on 1st November 2021, a person can sell premium 95 grade petrol which does not have the required minimum ethanol content but which otherwise satisfies the winter petrol requirement.

Regulation 8(b) amends regulation 6 of the 1999 Regulations to provide exemptions to the requirement that premium 95 grade petrol that is distributed and sold must have a minimum ethanol content of 5.5% by volume.

Regulation 4(d) amends regulation 3(5) of the 1999 Regulations to provide for the supply, from certain filling stations, of super unleaded petrol that has a maximum ethanol content of 5% by volume and a maximum oxygen content of 2.7% by volume.

Part 3 of these Regulations amends regulation 3 of the Biofuel (Labelling) Regulations 2004 to provide for the wording that must be displayed on any dispenser from which petrol containing more than 5% but not more than 10% by volume of bioethanol is sold.

Part 4 of these Regulations contains a statement that the Motor Fuel (Composition and Content) and the Biofuel (Labelling) (Amendment) Regulations 2021 (S.I. 2021/199) are revoked. S.I. 2021/199 was treated as if subject to the negative resolution procedure, however, paragraph 13(1) of Schedule 8 to the European Union (Withdrawal) Act 2018 (c. 16) (“the 2018 Act”) provides that regulations which amend or revoke any subordinate legislation made under section 2(2) of the European Communities Act 1972 (c. 68) using a power conferred before the parliamentary session in which the 2018 Act was passed, may not be made unless a draft is laid before, and approved by a resolution of each House of Parliament. Regulation 13 is therefore included to reflect these issues relating to the validity of S.I. 2021/199.

Part 5 of these Regulations provides for the Secretary of State to undertake a review of the regulatory provisions contained in these Regulations on a five yearly basis.

An impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Department for Transport, 33 Horseferry Road, London, SW1P 4DR and is published with an Explanatory Memorandum alongside this instrument on https://www.legislation.gov.uk/.

British Standard publications referred to in these Regulations can be purchased from the British Standard Institute either online at https://www.bsigroup.com/en-GB/ or by writing to BSI Customer Services, 389 Chiswick High Road, London, W4 4AL (Tel: [phone]). These publications can be inspected free of charge, by appointment, at the Department for Transport at the above address.