PUBLIC HEALTH, ENGLAND AND WALES Commencement and citation 1 These Regulations may be cited as the Motor Fuel (Composition and Content) Regulations 1994 and shall come into force on 1st October 1994. Preliminary 2 So far as any requirement is imposed by virtue of these Regulations, that requirement is imposed in exercise of the powers conferred by sections 30 and 63 of the Clean Air Act 1993 to the exclusion of the powers conferred by section 2(2) of the European Communities Act 1972. General Interpretation 3 1 In these Regulations— “ BS 4040:1988” means the British Standard which is entitled “British Standard Specification for leaded petrol (gasoline) for motor vehicles” and was published under the number BS 4040:1988 as amended by Amendment No. 1 published on 29th June 1990; “BS 7800:1992” means the British Standard which is entitled “British Standard Specification for high octane (super) unleaded petrol (gasoline) for motor vehicles” and was published under the number BS 7800:1992; “BS EN 228:1993” means the British Standard which is entitled “British Standard Specification for unleaded petrol (gasoline) for motor vehicles” and was published under the number BS EN 228:1993; “BS EN 590:1993” means the British Standard which is entitled “British Standard Specification for automotive diesel fuel” and was published under the number BS EN 590:1993; “diesel fuel” means any liquid petroleum fuel product produced in a refinery and of a kind used as fuel in motor vehicles propelled by diesel engines of which not more than 65 per cent by volume, including distillation losses, is distilled at a temperature of 250°C and of which at least 85 per cent by volume, including distillation losses, is distilled at a temperature of 350°C when it is tested by the method described in the British Standard Specification which is entitled “Method for Determination of distillation characteristics of Petroleum Products” and which was published under the number BS 7392:1990; “distribute”, in relation to motor fuel, means distribute from an oil refinery or an oil import terminal and does not accordingly include distributing motor fuel from any place to which it has been distributed from an oil refinery or oil import terminal or supplying motor fuel by retail at a filling station; “ EEA State” means a state which is a contracting Party to the EEA Agreement but, until the EEA Agreement comes into force in relation to Liechtenstein, does not include the State of Liechtenstein and “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ; “filling station” means any premises used, or intended to be used for fuelling motor vehicles with motor fuel in the course of the business of supplying motor fuel by retail; “hovercraft” has the same meaning as in section 4(1) of the Hovercraft Act 1968 ; “import terminal” means a place for the storage of refined oil immediately after it has been brought onshore in the United Kingdom; “motor fuel” means petrol or diesel fuel; “petrol” means petroleum spirit as defined in section 23 of the Petroleum (Consolidation) Act 1928 of a kind used as fuel in motor vehicles. 2 Unless the context otherwise requires, any reference in these Regulations to— a a numbered regulation is a reference to the regulation bearing that number in these Regulations; and b a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which the reference appears. Modifications to BS 4040:1988, BS 7800:1992, BS EN 228:1993 and BS EN 590:1993 4 1 For the purposes of these Regulations, BS 4040:1988 shall have effect as if for a reference in the Tables to any publication shown in an entry in column 1 of Part I of Schedule 1 to these Regulations there were substituted a reference to the publication shown in that entry in column 2. 2 For the purposes of these Regulations, BS 7800:1992 shall have effect as if for a reference in the Tables to any publication shown in an entry in column 1 of Part II of Schedule 1 to these Regulations there were substituted a reference to the publication shown in that entry in column 2. 3 For the purposes of these Regulations, BS EN 228:1993 shall have effect as if for a reference in the Tables to any publication shown in an entry in column 1 of Part III of Schedule 1 to these Regulations there were substituted a reference to the publication shown in that entry in column 2. 4 For the purposes of these Regulations, BS EN 590:1993 shall have effect— a as if paragraphs 5.3.2 and 5.3.3 were omitted; b as if for a reference in the Tables to any publication shown in an entry in column 1 of Part IV of Schedule 1 to these Regulations there were substituted a reference to the publication shown in that entry in column 2; c on and after 1st October 1996, as if in the third column of Table 1 for “0.20” there were substituted “0.05”; and d in relation to diesel fuel which contains ignition improver, as if in Table 1 the entry concerning carbon residue were omitted. Requirements relating to motor fuel 5 1 Subject to regulation 4, references in these Regulations to petrol complying with a specified requirement shall be construed in accordance with this regulation. 2 Petrol complies with “the winter leaded petrol requirement” if and only if the composition and content of the petrol are such that it— a fulfils the requirements set out in paragraphs 3 and 4.1.1 of BS 4040:1988; b fulfils the requirements set out in paragraph 4.2 of BS 4040:1988 in relation to petrol of 2 star grade; and c has the volatility characteristics recommended for the winter period in Appendix A to BS 4040:1988. 3 Petrol complies with “the intermediate leaded petrol requirement” if and only if the composition and content of the petrol are such that it— a fulfils the requirements specified in paragraph (2)(a) and (b); and b has the volatility characteristics recommended for the intermediate period in Appendix A to BS 4040:1988. 4 Petrol complies with “the summer leaded petrol requirement” if and only if the composition and content of the petrol are such that it— a fulfils the requirements specified in paragraph (2)(a) and (b); and b when tested in accordance with the test methods indicated in Table 4 in paragraph 5.7.2 of BS EN 228:1993, fulfils the requirements set out in that Table by reference to volatility class 4. 5 Petrol complies with “the winter unleaded petrol requirement” if and only if the composition and content of the petrol are such that it— a fulfils the requirements set out in paragraphs 5.3, 5.4 and 5.5 of BS EN 228:1993; b fulfils the requirements set out in paragraph 5.6 of BS EN 228:1993 in relation to petrol of regular grade; and c when tested in accordance with the test methods indicated in Table 4 in paragraph 5.7.2 of BS EN 228:1993, fulfils the requirements set out in that Table by reference to volatility class 8. 6 Petrol complies with “the summer unleaded petrol requirement” if and only if the composition and content of the petrol are such that it— a fulfils the requirements specified in paragraph (5)(a) and (b); b when tested in accordance with the test methods indicated in Table 4 in paragraph 5.7.2 of BS EN 228:1993, fulfils the requirements set out in that Table by reference to volatility class 4. 7 Petrol complies with “the winter super unleaded petrol requirement” if and only if the composition and content of the petrol are such that it— a fulfils the requirements set out in paragraphs 3, 4.1.1 and 4.2 of BS 7800:1992; and b when tested in accordance with the test methods indicated in Table 4 in paragraph 5.7.2 of BS EN 228:1993, fulfils the requirements set out in that Table by reference to volatility class 8. 8 Petrol complies with “the summer super unleaded petrol requirement” if and only if the composition and content of the petrol are such that it— a fulfils the requirements specified in paragraph (7)(a); and b when tested in accordance with the test methods indicated in Table 4 in paragraph 5.7.2 of BS EN 228:1993, fulfils the requirements set out in that Table by reference to volatility class 4. 9 Diesel fuel complies with “the winter diesel fuel requirement” if and only if the composition and content of the diesel fuel are such that it— a fulfils the requirements set out in paragraph 5.3.1 of BS EN 590:1993; b fulfils the requirements set out in paragraph 5.4.1 of BS EN 590:1993 that relate to fuel for use in temperate climates other than the requirements relating to cold filter plugging points; and c fulfils the requirements set out in paragraph 5.4.1 of BS EN 590:1993 relating to cold filter plugging points by reference to CF PP grade E. 10 Diesel fuel complies with “the summer diesel fuel requirement” if and only if the composition and content of the diesel fuel are such that it— a fulfils the requirements specified in paragraph (9)(a) and (b); and b fulfils the requirements set out in paragraph 5.4.1 of BS EN 590:1993 relating to cold filter plugging points by reference to CF PP grade C. Restrictions with respect to the distribution of motor fuel 6 1 Subject to the provisions of these Regulations, no person shall, during a period beginning on 1st September and ending on 31st October in any year, distribute petrol which— a does not comply with the intermediate leaded petrol requirement, the winter unleaded petrol requirement or the winter super unleaded petrol requirement; and b is for use within the United Kingdom. 2 Subject to the provisions of these Regulations, no person shall, during a period beginning on 1st November in any year and ending on 15th April in the following year, distribute petrol which— a does not comply with the winter leaded petrol requirement, the winter unleaded petrol requirement or the winter super unleaded petrol requirement; and b is for use within the United Kingdom. 3 Subject to the provisions of these Regulations, no person shall, during a period beginning on 16th April and ending on 31st August in any year, distribute petrol which— a does not comply with the summer leaded petrol requirement, the summer unleaded petrol requirement or the summer super unleaded petrol requirement; and b is for use within the United Kingdom. 4 Subject to the provisions of these Regulations, no person shall, during a period beginning on 10th September in any year and ending on 15th March in the following year, distribute diesel fuel which— a does not comply with the winter diesel fuel requirement; and b is for use within the United Kingdom. 5 Subject to the provisions of these Regulations, no person shall, during a period beginning on 16th March and ending on 9th September in any year, distribute diesel fuel which— a does not comply with the summer diesel fuel requirement; and b is for use within the United Kingdom. Restrictions with respect to the sale of motor fuel 7 1 Subject to the provisions of these Regulations, no person shall, during a period beginning on 1st September in any year and ending on 31st May in the following year, sell by retail at a filling station petrol which— a does not comply with the winter leaded petrol requirement, the intermediate leaded petrol requirement, the winter unleaded petrol requirement or the winter super unleaded petrol requirement; and b is for use within the United Kingdom. 2 Paragraph (1) does not apply to the sale of petrol which complies with— a the summer leaded petrol requirement; or b the summer unleaded petrol requirement or the summer super unleaded petrol requirement, at a filling station to which, at the time of the sale, less than three deliveries of petrol have been made since 20th July next before the beginning of the period referred to in paragraph (1). 3 Subject to the provisions of these Regulations, no person shall, during a period beginning on 1st June and ending on 31st August in any year, sell by retail at a filling station petrol which— a does not comply with the summer leaded petrol requirement, the summer unleaded petrol requirement or the summer super unleaded petrol requirement; and b is for use within the United Kingdom. 4 Paragraph (3) does not apply to the sale of petrol which complies with— a the winter leaded petrol requirement or the intermediate leaded petrol requirement; or b the winter unleaded petrol requirement or the winter super unleaded petrol requirement, at a filling station to which, at the time of the sale, less than three deliveries of petrol have been made since 15th April next before the beginning of the period referred to in paragraph (3). 5 Subject to the provisions of these Regulations, no person shall, during a period beginning on 22nd October in any year and ending on 15th March in the following year, sell by retail at a filling station diesel fuel which— a does not comply with the winter diesel fuel requirement; and b is for use within the United Kingdom. 6 Paragraph (5) does not apply to the sale of diesel fuel which complies with the summer diesel fuel requirement at a filling station to which, at the time of the sale, less than three deliveries of diesel fuel have been made since 9th September next before the beginning of the period referred to in paragraph (5). 7 Subject to the provisions of these Regulations, no person shall, during a period beginning on 16th March and ending on 21st October in any year, sell by retail at a filling station diesel fuel which— a does not comply with the summer diesel fuel requirement; and b is for use within the United Kingdom. Exemptions relating to the distribution or sale of motor fuel 8 1 Regulations 6 and 7 do not apply to the distribution or sale of motor fuel for the purposes of tests or experiments in connection with— a the composition or content of motor fuel; or b the design or performance of any article which uses, or is intended to use, motor fuel, or any component or lubricant of such article, in a case where the composition or content of the fuel is relevant to such design or performance. 2 Regulations 6 and 7 do not apply to the distribution or sale of motor fuel— a for use in an aircraft (other than a hovercraft); b for use in a vehicle constructed or adapted for use solely in competitions or trials; or c which is in the course of being manufactured or blended. 3 Nothing in regulation 6 or 7 shall render it unlawful for a person to distribute or sell any motor fuel on the grounds that it fails to comply with any requirements mentioned in those regulations if— a the failure is due to a mistake or to reliance on information supplied to him or to the act or default of another person, accident or some other cause beyond his control; and b the person in question has taken all reasonable precautions and exercised all due diligence to avoid such failure by himself or any person under his control. Power for the Secretary of State to grant exemptions 9 The Secretary of State may by instrument in writing confer exemption from any provision of regulation 6 or 7 upon such person or classes of person for such period and in such circumstances as may be specified in the instrument conferring the exemption. Evidence by certificate in Scotland 10 1 In any proceedings in Scotland against any person for contravention of, or failure to comply with, any provision of these Regulations a certificate issued by any person possessing the qualifications prescribed by regulations made under section 27 of the Food Safety Act 1990 as qualifying persons for appointment as public analysts under that Act and stating the results of any test carried out in accordance with the appropriate method specified in paragraph (2) below shall be received in evidence, and be sufficient evidence of the matters stated in the certificate, and the provisions of subsections (2) to (4) of section 31 of the Trade Descriptions Act 1968 (evidence by certificate) shall apply to any such certificate as they apply to such a certificate as is mentioned in that section. 2 A test carried out in accordance with the appropriate method referred to in paragraph (1) is a test carried out in accordance with one of the methods described in paragraphs 3, 4.1.1 and 4.2 of BS 4040:1988 and BS 7800:1992 or with paragraphs 5.4, 5.5, 5.6 and 5.7.2 of BS EN 228:1993 or paragraphs 5.3.1 and 5.4.1 of BS EN 590:1993. Equivalent standards 11 1 Nothing in regulation 6 or 7 shall prevent a person distributing or selling any motor fuel in circumstances in which he could do so without contravening that regulation were there substituted for the references in regulation 5 to provisions in a relevant British Standard Specification references to equivalent provisions in a corresponding standard. 2 For the purposes of this regulation, “corresponding standard”, in relation to a relevant British Standard Specification, means— a a standard or code of practice of a national standards body or equivalent body of any EEA State; b any international standard recognised for use as a standard by any EEA State; or c a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any EEA State, where the standard, code of practice, international standard or technical specification provides, in relation to motor fuel, a level of control of air pollution equivalent to that provided by that British Standard Specification. 3 For the purposes of this regulation, a reference to a relevant British Standard Specification, is a reference to BS 4040:1988, BS 7800:1992, BS EN 228:1993 and BS EN 590:1993, as modified (in each case) by regulation 4. Revocations and transitional provisions 12 1 Subject to paragraph (3) below, the Regulations specified in Schedule 2 to these Regulations are revoked. 2 Regulations 6 and 7 shall not apply to a person as regards any motor fuel which came into his possession before 1st October 1994. 3 The Regulations referred to in paragraph (1) shall continue to have effect in relation to a person as regards any motor fuel which came into his possession before the 1st October 1994. 4 For the purposes of this regulation, motor fuel which before 1st October 1994 came into the possession of a person who sells motor fuel by retail at a filling station— a shall continue to be regarded as having come into his possession before that date notwithstanding that it has been mixed with one or two deliveries of motor fuel that were made to him on or after that date; b shall be regarded as having come into his possession after that date if it has been mixed with three or more deliveries of motor fuel that were made to him on or after that date. Signed by authority of the Secretary of State. Steven Norris Parliamentary Under Secretary of State, Department of Transport 2nd September 1994