S.I. No. 361/1977:

THE EUROPEAN COMMUNITIES (SULPHUR CONTENT OF GAS OIL) REGULATIONS, 1977.

THE EUROPEAN COMMUNITIES (SULPHUR CONTENT OF GAS OIL) REGULATIONS, 1977.

The Minister for the Environment in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive of 24th November, 1975 No. 75/716/EEC¹, hereby makes the following Regulations:

¹ O.J. No. L307/22, 27.11.75.

1. (1) These Regulations may be cited as the European Communities Sulphur Content of Gas Oil) Regulations, 1977.

(2) These Regulations shall come into operation of the 1st day of January, 1978.

2. (1) In these Regulations--

"authorised person" means a person appointed by the Minister for Industry, Commerce and Energy to be an authorised person for the purposes of these Regulations;

"the Council Directive" means Council Directive of 24th November, 1975 No. 75/716/EEC^1;

(2) A word or expression that is used in these Regulations and is also used in the Council Directive has the meaning in these Regulations that it has in the Council Directive.

3. (1) Subject to article 6 of these Regulations a person shall not market in the State gas oil if its sulphur content, expressed as sulphur, determined and interpreted in the manner set out in sub-article (2) of this article, exceeds 0·8% by weight.

(2) The sulphur content, expressed as sulphur, of gas oil for the purpose of these Regulations shall be determined by the method defined in European Standard EN.41 (first edition November, 1975) adopted by the European Committee for Standardization and the statistical interpretation of the results of the checks made to determine the sulphur content of gas oil shall be made in the manner provided for in British Standard BS 4306/1968 entitled "Recommendations For The Application Of Precision Data To Specifications For Petroleum Products" published by the British Standards Institution.

(3) A person who contravenes sub-article (1) of this article shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both such fine and such imprisonment.

(4) A prosecution for an offence under this article may be taken by the Minister for Industry, Commerce and Energy.

4. The State is hereby determined, pursuant to article 5 of the Council Directive, to be a zone in which the use is permitted of gas oil whose sulphur content, expressed as sulphur, and determined and interpreted in the manner set out in sub-article (2) of article 3 of these Regulations, does not exceed 0.8% by weight.

5. (1) An authorised person may at any reasonable time enter and inspect any premises, railway engine or wagon, vehicle, ship, vessel or aircraft in which he has reasonable grounds for believing that gas oil is kept and may examine and take samples of any gas oil which he finds in the course of his inspection.

(2) Where a sample is taken pursuant to this article 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.

(3) Any person who obstructs or interferes with an authorised person in the course of exercising a power conferred on him under this article shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £250.

(4) A prosecution for an offence under this article may be taken by the Minister for Industry, Commerce and Energy.

(5) When exercising any powers conferred by these Regulations, an authorised person shall, if so required, produce evidence of his authority.

(6) 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, railway engine or wagon, vehicle, ship, vessel or aircraft, or the agent of such owner or person.

6. These Regulations shall not apply to gas oil

--used in power stations,

--used by shipping,

--contained in the fuel tanks of motor vehicles entering the State.

GIVEN under the Official Seal of the Minister for the Environment

this 24th day of November, 1977.

SYLVESTER BARRETT,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations give effect to Council Directive of the European Communities of 24th November, 1975 (75/716/EEC)¹ on the approximation of the laws of the Member States relating to the sulphur content of certain liquid fuels and apply to gas oil only.

The Regulations prohibit the marketing in the State of gas oil, the sulphur content of which, expressed as sulphur, exceeds 0·8% by weight. They do not apply to gas oil used in power stations or by shipping or contained in the fuel tanks of motor vehicles entering the State.

¹ O.J. No. L.307/22, 27.11.75.