S.I. No. 687/2011 - European Union (Stage II Petrol Vapour Recovery during Refuelling of Motor Vehicles at Service Stations) Regulations 2011.

1. Date of receipt of approved assessors report

2. Register Number

3. Fee received (Tick)

4. Is the report signed by an approved assessor-

(Name of local authority) today ...................................... (date) ........................... hereby certifies that the service station at .......................................... owned by ....................................... complies with the provisions of the European Union (Stage II Petrol Vapour Recovery during refuelling of motor vehicles at service stations) Regulations 2011 and this certificate shall be valid for a period of not more than one / three (delete as appropriate) years until .................................................. (date) ................................................. .

Stamp of Local Authority to be affixed here

Signature of Authorised Officer

Date of return of stamped certificate to applicant

Given under my Official Seal,

21 December 2011.

PHIL HOGAN,

Minister for the Environment Community and Local Government.

EXPLANATORY NOTE

(This is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations introduce measures aimed at reducing the amount of petrol vapour emitted to the atmosphere during the refuelling of motor vehicles at service stations and transpose Directive 2009/126/EC of the European Parliament and of the Council of 21 October, 2009, on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations.

The Regulations provide that new service stations which meet either of the following two criteria will be required to be equipped with Stage II Petrol Vapour Recovery (PVRII) systems to recover Volatile Organic Compounds (VOC) during refuelling of vehicles

• throughput >100m3 (or 100,000 litres) and situated under living or working quarters

• throughput >500m3 (or 500,000 litres)

The Regulations also provide that existing service stations are required to install PVRII systems when undergoing their next major refurbishment after 1 January, 2012 if they meet either of the following two criteria

• throughput >100m3 (or 100,000 litres) and situated under living or working quarters

• throughput >500m3 (or 500,000 litres)

In addition, the Directive requires that service stations with a throughput

>3,000m3 (or 3,000,000 litres)

will be required to install PVRII technology

by 31 December, 2018 at the latest

(or sooner if undergoing a major refurbishment before that date).

Owners of service stations are required to apply to their local authority for a certificate of installation after installing the PVRII system and to organise for the system to be tested periodically as appropriate by an approved assessor. Owners of service stations must also obtain a certificate of testing from their local authority. Such certificates may be issued following the receipt of a report by an approved assessor which indicates that the service station is in compliance with the requirement that petrol vapour capture efficiency of the PVRII systems is equal to or greater than 85%.

A person guilty of an offence under these Regulations is liable on summary conviction to a Class A fine under the

Fines Act 2010

(€5,000 as at 01 January 2012) or imprisonment for a term not exceeding 3 months or both. A person guilty of an offence under these Regulations is liable on conviction on indictment to a fine not exceeding €100,000 or to imprisonment for a term not exceeding one year or to both such fine and such imprisonment.

1 O.J. L285, 31.10.2009, p.36

5. Date of testing

6. Brief description of tests carried out

7. Is this a first test for the purposes of these regulations- If not, state day, month and year of most recent test.

Declaration

I, ......................................................, hereby confirm that I have tested the above service station on ...................... (insert date) ................................... for compliance with the provisions of the European Union (Stage II Petrol Vapour Recovery during refuelling of motor vehicles at service stations) Regulations 2011 and to the best of my knowledge and belief this service station is

NOT

in compliance with the said provisions.

The following measures / works must be undertaken by (date) ............................................. to ensure the compliance of this service station with these Regulations

Signed.

Qualification/Profession and Company

Address

Date

SCHEDULE 2

Part 3 — Certificate of Testing Issued

By a competent authority in respect of a compliant service station under the European Union (Stage II Petrol Vapour Recovery during refuelling of motor vehicles at service stations) Regulations 2011

8. The competent authority may charge a fee which shall be no greater than the amount which the competent authority estimates it will incur in, or in connection with, carrying out or causing to be carried out, the functions referred to in Regulation 10 in respect of applications for certificates of testing.

Approved Assessor

9. (1) A competent authority shall approve such person or persons as it considers possess the appropriate knowledge, training and experience to perform the functions of an approved assessor under these Regulations.

(2) An approved assessor shall not carry out an inspection for the purposes of Regulation 10 of a service station—

(

a

) which is owned by him or her, or

(

b

) which is owned by a connected person, or

(

c

) which is to be sold or let by him or her or a connected person in their capacity as a sales or letting intermediary, or

(

d

) in respect of which he/she carried out a site suitability assessment as part of the planning process or provided advice regarding the selection or installation of that petrol vapour recovery system, or

(

e

) in any other circumstances in which they have a material or financial interest in the outcome of any inspection other than the fee charged for carrying out the inspection

(3) An approved assessor shall not engage in any works or processes necessary to be undertaken to ensure the service station is compliant for the purposes of the certificate of testing.

Certificate of Testing

10. (1) It shall be the duty of the owner to ensure that In-service petrol vapour recovery systems be tested by an approved assessor at least once each year, either by checking that the vapour/petrol ratio under simulated petrol flow conditions is in conformity with Regulation 6(2) or by any other appropriate methodology.

(2) It shall the duty of the owner to ensure that automatically monitored petrol vapour recovery systems be tested, by an approved assessor at least once every three years by checking that the vapour/petrol ratio under simulated petrol flow conditions is in conformity with Regulation 6(2) or by any other appropriate methodology.

(3) Where, following a test carried out in pursuance of this Regulation, an approved assessor is satisfied as to a service stations compliance with the requirements of Regulation 6 he or she shall submit a report to that effect to the competent authority in the form set out in Part 1 of Schedule 2 to these Regulations.

(4) Where, following a test carried out in pursuance of this Regulation, an approved assessor is not satisfied as to a service stations compliance with the requirements of Regulation 6-

(

a

) he or she shall submit a report to that effect to the competent authority and to the owner in the form set out in Part 2 of Schedule 2 to these Regulations,

(

b

) the report will include the measures or works necessary to ensure the compliance of the service station with these Regulations and also state a reasonable timeframe for undertaking such measures or works. It shall be the duty of the owner to implement any measures or works necessary to ensure the compliance of the service station with these Regulations within the timeframe stated on the report to the satisfaction of the approved assessor, and

(

c

) following the implementation of such measures or works, if the approved assessor is then satisfied as to a service stations compliance with the requirements of Regulation 6 he or she shall submit a report to that effect to the competent authority in the form set out in Part 1 of Schedule 2 to these Regulations.

(5) Where a competent authority is satisfied that a report submitted under this Regulation discloses that the requirements of Regulation 6 have been fulfilled it shall duly notify the owner of the relevant service station and shall, upon payment by the owner of the fee prescribed in Regulation 8, issue a certificate to that effect in the form set out in Part 3 of Schedule 2 to these Regulations.

(6) Where a competent authority is of the opinion that an assessor’s report does not fulfil the requirements of the Regulations it shall inform the owner of the service station to which the report relates as soon as is practicable of its refusal to issue a certificate under this Regulation and shall require the owner to comply with the requirements of these Regulations within a reasonable timeframe.

(7) A competent authority may carry out such investigations as it considers necessary in order to satisfy itself as to the fulfilment of the Regulations by a service station in relation to which a report has been submitted under this Regulation.

Consumer information

11. When a service station has installed a Stage II petrol vapour recovery system, it shall display a sign, sticker or other notification on, or in the vicinity of, the petrol dispenser, informing consumers of that fact.

Offences

12. Any person who contravenes any provision of these Regulations shall be guilty of an offence.

Offences by bodies corporate

13. (1) Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.

Prosecutions

14. A prosecution for a summary offence under these Regulations may be taken by a competent authority.

Penalties

15. (1) A person guilty of an offence under these Regulations is liable on summary conviction to a Class A fine or imprisonment for a term not exceeding 3 months or both.

(2) A person guilty of an offence under these Regulations is liable on conviction on indictment to a fine not exceeding €100,000 or to imprisonment for a term not exceeding one year or to both such fine and such imprisonment.

SCHEDULE 1

Part 1 — Application for Certificate of Installation

By the owner of a service station under the European Union (Stage II Petrol Vapour Recovery during refuelling of motor vehicles at service stations) Regulations 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

30

th December

, 2011.

I, PHIL HOGAN, Minister for the Environment, Community and Local Government in exercise of the powers conferred on me by

section 3

of the

European Communities Act, 1972

(No. 27 of 1972) and for the purpose of giving effect to Directive 2009/126/EC

1

of the European Parliament and of the Council of 21 October 2009, hereby make the following regulations

Citation