Quality of Fuels (Amendment) Regulations, 2011

L.N. 66 of of 2011

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

MERCHANT SHIPPING ACT

(CAP. 234)

Quality of Fuels (Amendment) Regulations, 2011

IN exercise of the powers conferred by sub-article (1) of

article 28 of the Malta Resources Authority Act, by sub-article (3)

of article 43 of the Authority for Transport in Malta Act and by sub-

article (1) of article 374 of the Merchant Shipping Act, the Minister

for Resources and Rural Affairs and the Minister for Infrastructure,

Transport and Communications, after consultation with the Malta

Resources Authority and the Authority for Transport in Malta, have

made the following regulations:-

(1) The title of these regulations is the Quality of

Fuels (Amendment) Regulations, 2011 and they shall be read and

construed as one with the Quality of Fuels Regulations, 2008,

hereinafter referred to as “the principal regulations”.

(2) These regulations have been notified in terms

of Directive 98/34/EC, as amended by Directive 98/48/EC, as

transposed by the Notification Procedure Regulations, 2003.

Regulation 2 of the principal regulations shall be

amended as follows:-

(a) immediately after the definition “emission

abatement technology” there shall be added the following

new definition

“ “end user” means the person to whom fuel is sold

or marketed by retail;”;

(b) in the definition “EN 228” for the words “EN 228”

there shall be substituted the words “EN 228:2004”;

(c) in the definition “EN 590” for the words “EN 590”

there shall be substituted the words “EN 590:2004”;

(d) immediately after the definition “gas oils” there

shall be added the following new definition

“ “gas oils intended for use by non-road mobile

machinery, agricultural and forestry tractors, and

recreational craft” means any petroleum-derived liquid,

falling under CN codes 2710 19 41 and 2710 19 45

intended for use in compression ignition engines referred

to in Directives 94/25/EC, 97/68/EC and 2000/25/EC;”;

and

(e) immediately after the definition “SOx Emission

Control Areas” there shall be added the following new

definition

“ “supplier” means the entity responsible for

passing fuel or energy through an excise duty point or, if

no excise is due, any other relevant designated entity;”.

Regulation 4 of the principal regulations shall be

amended as follows

(a) in sub-regulation (1) thereof, for the words “0.5%”

there shall be substituted the words “0.03 %”; and

(b) for sub-regulation (3) thereof, there shall be

substituted the following new sub-regulation

“(3) Notwithstanding the provisions of sub-

regulation (2) hereof, suppliers shall ensure that petrol

is placed on the market with a maximum oxygen

content of 2.7 % and a maximum ethanol content of 5

%. They shall also ensure the provision of appropriate

information to consumers concerning the biofuel content

of petrol and, in particular, the appropriate use of

different blends of petrol.”.

Regulation 5 of the principal regulations shall be

amended as follows:-

(a) for sub-regulation (2) thereof, there shall be

substituted the following new sub-regulation

“(2) Notwithstanding the requirements of the

Second Schedule to these regulations, the Authority

may permit the placing on the market of diesel with a

fatty acid methyl ester (FAME) content greater than 7

%. Any person placing on the market diesel fuel shall

ensure the provision of appropriate information to

consumers concerning the biofuel content in particular

FAME.”; and

(b) for sub-regulation (3) thereof, there shall be

substituted the following new sub-regulation

“(3) Gas oils intended for use by non-road

mobile machinery, agricultural and forestry tractors and

recreational craft shall be placed on the market only if

the sulphur content of those gas oils does not exceed 10

mg/kg

Provided that liquid fuels other than those gas oils

may be used in recreational craft only if the sulphur

content of those liquid fuels does not exceed the

maximum allowable content of those gas oils

Provided further that in order to accommodate

minor contamination in the supply chain, the Authority

may permit gas oil intended for use by non-road

mobile machinery, agricultural and forestry tractors and

recreational craft to contain up to 20 mg/kg of sulphur at

the point of final distribution to end users

Provided also that gas oil containing up to 1,000

mg/kg sulphur for agricultural and forestry tractors may

be continued to be placed on the market until the 31st

December 2011, provided that the supplier is able to

ensure that the proper functioning of emissions control

systems will not be compromised.”.

In sub-regulation (1) of regulation 6 of the principal

regulations, the words “MSA”, wherever they occur, shall be

Immediately after regulation 6 of the principal regulations

there shall be added the following new regulation

(1) The use, sale, offering for sale, or

otherwise marketing of any fuel with a presence of the

metallic additive methylcyclopentadienyl manganese

tricarbonyl (MMT) in fuel of more than 6 mg of

manganese per litre shall be prohibited.

(2) A label concerning the metallic additive

content of fuel shall be displayed at any point where

a fuel with metallic additives is made available to

consumers. The label shall contain the text: “Contains

metallic additives”. The label shall be attached to the

place where information indicating the type of fuel is

displayed, in a clearly visible position. The label shall

be of a size and font that is clearly visible and easily

legible.

(3) Any person who fails to comply with

any of the provisions of this regulation shall be guilty

of an offence and shall be liable, on conviction, to a

fine (multa) of not of not less than ten thousand euro

(€10,000) but not exceeding sixty-nine thousand eight

hundred euro (€69,800) or to imprisonment for a term

not exceeding eighteen months, or to both such fine and

imprisonment.”.

For the First Schedule to the principal regulations there

shall be substituted the following

B

“FIRST SCHEDULE

(Regulation 4 (2))

ENVIRONMENTAL SPECIFICATIONS FOR MARKET FUELS WHICH

SHALL BE USED FOR VEHICLES EQUIPPED WITH POSITIVE-IGNITION

ENGINES

Parameter 1

Limits 2

Unit

Minimum

Maximum

95 3

Research octane number

---

Motor octane number

---

Vapour pressure, summer period 4

60.0 ( 5 )

kPa

---

Distillation

– percentage evaporated at 100°C

%v/v

46.0

---

– percentage evaporated at 150°C

%v/v

75.0

---

Hydrocarbon analysis

– olefins

%v/v

---

18. 0 – aromatics %v/v ---

0

Test methods shall be those specified in EN 228:2004. The Malta Resources Authority may adopt the

analytical method specified in replacement of EN 228:2004 standard if it can be shown to give at least

the same accuracy and at least the same level of precision as the analytical method it replaces.

The values quoted in the specification are “true values”. In the establishment of their limit values, the

terms of ISO 4259 “Petroleum products – Determination and application of precision data in relation to

methods of test” have been applied and in fixing a minimum value, a minimum difference of 2R above

zero has been taken into account (R = reproducibility). The results of individual measurements shall be

interpreted on the basis of the criteria described in ISO 4259 (published in 1995).

The Malta Resources Authority may decide to continue to permit the marketing of unleaded regular

grade petrol with a minimum motor octane number (MON) of 81 and a minimum research octane

number (RON) of 91.

The summer period shall be taken to start on 1 May and end on 30 September.

B B 775 13

– benzene

%v/v

---

1.0

Oxygen content

%m/m

3.7

Existent gum content

(solvent washed)

Oxygenates

– Methanol (stabilising agents must

%v/v

3.0

be added)

– Ethanol (stabilising agents must be

%v/v

10.0

added)

– Iso-propyl alcohol

%v/v

---

12.0

– Tert-butyl alcohol

%v/v

---

15.0

– Iso-butyl alcohol

%v/v

---

15.0

– Ethers containing five or more

%v/v

22.0

carbon atoms per

---

Molecule

– Other oxygenates 5

%v/v

---

15.0

Sulphur content

Mg/kg

---

10.0

Lead content

g/l

---

0.005

Other mono-alcohols and ethers with a final boiling point no higher than that stated in EN 228:2004.”.

B

8. For the Second Schedule to the principal regulations

Substitutes the Second

Schedule

there shall be substituted the following

to the principal

regulations.

“SECOND SCHEDULE

(Regulation 5 (1))

ENVIRONMENTAL SPECIFICATIONS FOR MARKET FUELS WHICH

SHALL BE USED FOR VEHICLES EQUIPPED WITH COMPRESSION-

IGNITION ENGINES

Parameter 6

Limits 7

Unit

Minimum

Maximum

Cetane number

0

---

kg/m( 3 )

Density at 15°C

---

845.0

Distillation

o

– 95% (v/v) recovered at

C

---

360.0

Polycyclic aromatic hydrocarbons

%m/m

---

8.0

Sulphur content

mg/kg

---

10.0

7.0 ( 3 )

Fatty

Acid

Methyl

ester

(FAME)

%v/v

---

content 8

Test methods shall be those specified in EN 590:2004. The Malta Resources Authority may adopt the

analytical method specified in replacement of EN 590:2004 standard if it can be shown to give at least

the same accuracy and at least the same level of precision as the analytical method it replaces.

The values quoted in the specification are “true values”. In the establishment of their limit values, the

terms of ISO 4259 “Petroleum products – Determination and application of precision data in relation to

methods of test” have been applied and in fixing a minimum value, a minimum difference of 2R above

zero has been taken into account (R = reproducibility). The results of individual measurements shall be

interpreted on the basis of the criteria described in ISO 4259 (published in 1995).

FAME shall meet the requirements of EN 14214.”.