The consultation document
Foreword
Your comments are invited on the attached draft regulations. These complete implementation of directive 2003/17/EC by enabling the Secretary of State, subject to authorisation being given by the European Commission or Council of Ministers, to grant temporary exemptions from one or more of the requirements in motor fuel regulations for gas oil components.
Executive Summary
EU directive 98/70/EC, as amended by directive 2003/17/EC, mandates environmental standards for certain fuel components contained in petrol, diesel and gas oil. These standards were implemented into UK law by Statutory Instruments 1999 No 3107, 2003 No 3078 and 2007 No 1608.
In the event of exceptional events resulting in refineries being unable to meet the environmental standards for any of the fuel components, Article 7 of directive 98/70/EC permits Member States to inform the European Commission who may authorise less stringent standards for a limited period. The Council of Ministers may, on an application by a Member State, review the Commission’s decision and substitute a different decision.
Statutory Instrument 1999 No 3107 (as amended) enables the Secretary of State to grant exemptions from the directive requirements for petrol and diesel components where such an exemption has been authorised pursuant to Article 7 of the Directive.
However when mandating environmental standards for gas oil with effect from 1 January 2008, as required by directive 2003/17/EC, the power to grant exemptions, pursuant to Article 7, was not extended to gas oil.
The amending Regulations remedy this omission, ensuring that the directive is implemented in full and enabling the Secretary of State to grant an exemption where authority to do so has been given by the Commission or Council in accordance with Article 7.
How to Respond
The consultation period will run from 1 February 2008 until 25 April 2008. Please ensure that your response reaches us by the latter date. If you would like further copies of this consultation document it can be found at;
www.dft.gov.uk/consultations/openconsultations
Please send consultation responses and any requests for additional copies of the documents to;
Tony Baker
Cleaner Fuels & Vehicles
Department for Transport
Zone 1/34
Great Minster House
76 Marsham Street
London
SW1P 4DR
Tel: 020 7944 2063
Fax: 020 7944 2605
Email: tonyt.baker@dft.gsi.gov.uk
When responding please state whether you are responding as an individual or representing the views of an organisation. If you are responding on behalf of a larger organisation please make it clear who the organisation represents and, where applicable, how the views of members were assembled. The Department would be especially pleased to receive comments from those involved in producing, distributing and retailing road fuel.
A list of those consulted is attached at Attachment A. If you have any suggestions of others who may wish to be involved in this process please contact us.
An outline of your response will be published in a summary of responses received along with a response from the Government. We will assume that you are content for us to do this and that, if you are replying by e-mail, your consent overrides any confidentiality disclaimer that is generated by your organisation's IT system, unless you specifically include a request to the contrary in the main text of your submission to us. Confidential responses will be included in any statistical summary of numbers of comments received and views expressed. Please ensure that if you want your name or response to be kept confidential, you state this clearly in your response.
Information in consultation responses, including personal information, may be subject to publication or disclosure in accordance with the access to information regimes. These are primarily the Freedom of Information Act 2000, the Data Protection Act 1998 and the Environmental Information Regulations 2004.
If you want your response to remain confidential, you should explain why confidentiality is necessary. Your request will be granted only if it is it is consistent with the obligations arising from these regimes. An automatic confidentiality disclaimer generated by your IT system will not be regarded as binding on the Department.
The Department will process your personal data in accordance with the Data Protection Act.
The proposals
European directive 98/70/EC, as amended by directive 2003/17/EC (“the directive”), mandates minimum environmental and operational requirements for petrol and diesel road fuel and for gas oil intended for use by non-road mobile machinery such as construction equipment and by agricultural and forestry tractors. Gas oil - also known as “red diesel” - is also used in rail vehicles and in coastal shipping.
These standards have been implemented in the Motor Fuel (Composition and Content) Regulations 1999, as amended.
(SIs 1999 No 3107, 2001 No 3896, 2003 No 3078 and 2007 No 1608)
Under Article 7 of the directive Member States are required to inform the European Commission if, as a result of exceptional events, a sudden change in the supply of crude oils or petroleum products renders it difficult for refineries in its area to meet the fuel directive requirements. The Article also provides that, after informing other Member States, the Commission may authorise higher (i.e. less stringent) limit values in that Member State for one or more fuel components for a period not exceeding six months. The Article further provides that Member States may refer the Commission’s decision to the European Council of Ministers for a different decision.
Regulation 7 of the Motor Fuel (Composition and Content) Regulations 1999, as amended, enables the Secretary of State to grant exemptions from the petrol and diesel road fuel requirements of the directive implementing any authorisation given by the Commission or Council under Article 7 of the directive. However this power was not extended to enable the Secretary of State to grant exemptions from the gas oil requirements which were included in the regulations by Statutory Instrument 2003 No 3078 and which have application from 1 January 2008. The amending Regulations rectify this omission. The amendment will enable the Secretary of State to respond quickly in emergencies to prevent supply problems affecting gas oil, in the same way that she is able to do in respect of supply problems affecting petrol and diesel.
Impact Assessment
The amendment has no impact on business or the voluntary sector.
Consultation Response Form
Consultation on Regulations to amend the Motor Fuel (Composition and Content) Regulations 1999
PART 1 - Information about you
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Address |
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Postcode |
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Company Name or Organisation |
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Please tick one box from the list below that best describes you /your company or organisation. |
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Small to Medium Enterprise (up to 50 employees) |
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Large Company |
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Representative Organisation |
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Trade Union |
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Interest Group |
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Local Government |
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Central Government |
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Police |
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Member of the public |
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Other (please describe): |
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If you are responding on behalf of an organisation or interest group how many members do you have and how did you obtain the views of your members:
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If you would like your response or personal details to be treated confidentially please explain why:
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PART 2 - Your Comments
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Do you agree that the Motor Fuel (Composition and Content) Regulations 1999 should be amended to enable the Secretary of State to grant exemptions in respect of the regulated gas oil requirements in exceptional circumstances, subject to authorisation by the European Commission or Council |
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No |
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Please explain your reasons or add any additional comments you wish to make:
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Do you foresee any unintended consequences of adopting this Regulation? |
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No |
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Please explain your reasons or add any additional comments you wish to make:
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If you have any other general comment that you would like to make concerning this consultation, please give them here:
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Please send this completed form to:
Tony Baker
Cleaner Fuels & Vehicles
Department for Transport
Zone 1/34
Great Minster House
76 Marsham Street
London
SW1P 4DR
Tel: 020 7944 2063
Fax: 020 7944 2605
Email: tonyt.baker@dft.gsi.gov.uk
The deadline for responses is: 25 April 2008
What will happen next
A summary of responses, including the next steps will be published following the close of consultation at the following web address;
www.dft.gov.uk/consultations/closedconsultations
Paper copies will be available on request.
Question and Answer Brief
Below is a list of questions about these proposals. If you still have questions after you have read this section please contact Tony Baker at the address above.
Q1. Why was this amendment not made when gas oil requirements were originally included in the regulations?
A1. This appears to have been a simple omission.
Q2 Why are you consulting if the amendment is simply correcting an omission?
A2. We are required to consult under the terms of the Clean Air Act 1993 under which the Motor Fuel Regulations are made.
Q3 Why is it necessary to seek authorisation from the European Commission to a derogation?
A3. This is required under Article 7 of the directive.
Q4: What is gas oil?
A4: For the purposes of the directive and the Motor Fuel Regulations, gas oil is fuel intended for use in non-road mobile machinery and agricultural and forestry tractors. It is essentially the same product as diesel used in road vehicles.
Q5: What are the requirements for gas oil?
A5. Fuel quality requirements for gas oil for use in non-road mobile machinery (e.g. agricultural and construction equipment) are currently restricted to a limit on the maximum permissible sulphur content (1000mg/kg sulphur from 1st January 2008).
Q6 Why is the sulphur content permitted for gas oil much higher than the 50mg/kg permitted for road diesel?
A6: The European Commission has proposed a further reduction for gas oil to 10mg/kg (virtually 'sulphur free') from 31st December 2009. This will reduce permitted sulphur content to the levels which will be permitted for road diesel on that date.
Q7 What is the purpose of reducing sulphur in gas oil?
A7. Reduction to 1000 mg/kg will bring air quality benefits, mainly through reduction in particulates. Further reduction to 10mg/kg will enable the use of catalytic emissions control technologies which would otherwise be poisoned by high fuel sulphur content. Low sulphur is a pre-requisite for non-road mobile machinery Stage IIIB emissions standards which were adopted in EU Directive 2004/26/EC.
Q8: Do we really need cleaner gas oil for non-road mobile machinery and agricultural and forestry tractors?
A8: Mandatory standards have been adopted on the permissible levels of particulate matter, oxides of nitrogen, carbon monoxide and hydrocarbons that may be emitted by new non-road mobile machinery engines. We expect these standards will force the adoption of catalytically based emissions control systems on new non-road mobile machinery engines from 2010. Such systems would be 'poisoned' by the sulphur content of current gas oil, we therefore anticipate that cleaner non-road mobile machinery gas oil will be required to support agreed emissions standards and improvements in air quality.
The Consultation criteria
The consultation is being conducted in accordance with the principles of the Government’s ‘Code of Practice on Consultation’. The criteria are listed below, a full version can be found at
If you feel that this consultation does not fulfil these criteria please contact
Andrew D Price
Consultation Co-ordinator
Department for Transport
Zone 4/13.
Great Minster House
76, Marsham Street
London, SW1P 4DR
Email: andrewD.price@dft.gsi.gov.uk
The Six Consultation Criteria
Consult widely throughout the process, allowing a minimum of 12 weeks for written consultation at least once during the development of the policy.
Be clear about who may be affected, what questions are being asked, and the timescale for responses.
Ensure that your consultation is clear, concise and widely accessible.
Give feedback regarding the responses received and how the consultation process influenced the policy.
Monitor your department’s effectiveness at consultation, including through the use of a designated consultation co-ordinator.
Ensure your consultation follows better regulation best practice, including carrying out a Regulatory Impact Assessment if appropriate
