The Motor Fuel (Composition and Content)(Amendment) Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the Motor Fuel (Composition and Content) Regulations 1999 (S.I. 1999/3107; “the Principal Regulations”) in order to implement the parts of Article 1 of Directive 2003/17/EC of the European Parliament and of the Council of 3rd March 2003 (OJ No L76, 22.3.2003, p.10; “the Directive”) that add a subparagraph (d) to Article 3(2) and a subparagraph (d) to Article 4(1) of Council Directive 98/70/EC (OJ No L 350, 28.12.1998, p. 58.) The new subparagraphs contain requirements to promote the marketing, on an appropriately balanced geographical basis, of petrol (in the case of Article 3(2)(d)) and diesel fuel (in the case of Article 4(1)(d)) with a maximum sulphur content of 10mg/kg.

Regulation 2(2) substitutes a new regulation 3 for the current regulation 3 in the Principal Regulations. This provides that the level of sulphur in super unleaded petrol and diesel fuel sold before 1st January 2009 must not exceed 10 mg/kg if the super unleaded petrol or diesel fuel is sold at a filling station at which the total amount of petrol and diesel fuel sold in the preceding calendar year was 3 million litres or more. Further, the new regulation 3 provides that to satisfy the summer petrol requirement the vapour pressure of petrol must not exceed 70 kPa (which accords with the specification contained in footnote 5 to Annex III of the Directive).

Regulation 2(3) replaces the current regulation 6(4) of the Principal Regulations (transitional provisions) with a new regulation 6(4) permitting the sale of petrol that does not comply with the new winter requirements (and which would otherwise be a contravention of regulation 5(1)) if certain conditions are satisfied.

A transposition note setting out how the relevant elements of the Directive are transposed into law and a full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector are available from Cleaner Fuels and Vehicles Division, Department for Transport, Zone 2/15, Great Minster House, 76 Marsham Street, London SW1P 4DR (telephone [phone]; e mail [e-mail]). They are also annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website. Copies have been placed in the library of each House of Parliament.