Key Benefits:
Minister of Economy, Finance and Industry, Minister of Budget, Public Accounts, Public Service and State Reform, Government Spokesperson, and Minister to the Minister of Economy, Finance and Industry, responsible for industry, energy and the digital economy,
Considering Directive 98/34/EC of 22 June 1998 providing for an information procedure in the field of technical standards and regulations;
Having regard to Directive 2009/30/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 98/70/EC on specifications for petrol, diesel and diesel fuel, amending Council Directive 1999/32/EC and repealing Directive 93/12/EEC;
Vu le Decree No. 62-1297 of 7 November 1962 amended by-law of public administration with respect to the technical rules of use and characteristics of petroleum products;
The Technical Committee on the Use of Petroleum Products consulted on March 11, 2010, June 30, 2010 and December 3, 2010,
Stop:
The non-road diesel cannot be held for sale or sold unless it complies with the minimum requirements of the NF EN 590 nor any other standard or specification in force in a Member State of the European Union, or any other Member State of the European Economic Area or Turkey guaranteeing an equivalent level of quality for the same climatic conditions.
Is referred to as "non-road diesel" the mixture of mineral or synthetic hydrocarbons and possibly methyl esters of fatty acids in accordance with the June 30, 2010 decree relating to the characteristics of methyl esters of fatty acids, meeting the following specifications and intended for the feeding of motors of non-road mobile machinery, agricultural and forestry tractors, pleasure craft and inland vessels
(a) The technical characteristics are in accordance with those used in Annex I to the amended Decree of 23 December 1999 on the characteristics of the gasoline and large cold diesel;
(b) Colour: red. The color will be obtained either by addition of 1 gram per hectolitre of scarlet red (ortho-toluene-azo-ortoluene-azo-beta-naphtol) or any other coloring otherwise specified but chemically identical, or by addition of 0.5 grams per hectolitre of red N-ethyl-1-[4(phenylazo)phenyl]talzo]-2- These two types of dyes, chemically different, should not be mixed during coloring;
(c) Traceur: solvent Yellow 124 (N-ethyl-N-[2-(1-isobutoxyethoxy)ethyl]-4-(phenylazo)aniline) at the concentration of 0.6 grams per hectolitre.
(d) Any interpretation of the results of the specification measurements falls within the NF EN ISO 4259 (specification of petroleum products and application of fidelity values for test methods).
The maximum sulphur content of non-road diesel fuel in refinery outlets or imported or transported by solid means (ole pipelines, railways, marine and riverways) to intermediate depositions is 10.0 mg/kg. The maximum sulphur content of non-road diesel at the distribution stage is 20.0 mg/kg.
The test methods for the technical characteristics defined in the first paragraph of Article 2 of this Order are identical to those of the gasoline and the large cold diesel fuel defined by the decision of the hydrocarbon manager published in the Official Journal of the French Republic.
Derogations to the specifications set out above, duly justified on a technical and economic basis, may be granted for a limited period by a decision of the hydrocarbon manager.
This decision may specify the forms in which such exemptions may be made available to the public.
A circular from the Minister for Energy defines recommendations for the use of non-road diesel.
The use of non-road diesel fuel is mandatory as of 1 May 2011 for equipment listed in the annex to this Order, with the exception of equipment listed in paragraph 2 of the same annex for which the obligation is fixed as 1 November 2011.
The Director General of Competition, Consumer Affairs and the Suppression of Frauds, the Director General of Customs and Indirect Rights and the Director General of Energy and Climate are responsible, each with respect to it, for the execution of this Order, to be published in the Official Journal of the French Republic.
A N N E X E
1. Non-road mobile equipment:
For the purposes of this Order, a non-road mobile device means any mobile machine, any transportable industrial equipment or any vehicle, whether or not fitted with a bodywork, capable of moving on the ground, on the road or outside the road, and not intended for the road transport of passengers or goods.
In addition, in order to be covered by this Order, the engines shall be mounted on devices that meet the following specific requirements:
- be intended or appropriate to move or be moved to the ground or outside the roads;
• be equipped with a compression-ignition engine with a net power greater than 18 kW;
operating at intermittent speed rather than at a constant speed.
Engines covered by this definition include:
― construction equipment, including wheel loaders, bulldozers, track tractors and loaders, loaders, rigid tyre or chain loaders, all-terrain trucks, hydraulic excavators, recyclers, decapers, savers;
― road maintenance equipment (self-propellers, compressor rollers, endors)
• snow hunters and urban sweepers;
- self-propelled agricultural machinery, emocues and forestry equipment;
– Handling equipment, mobile cranes, forklift trucks, all-terrain forklift trucks as long as they are not registered;
- self-motivated scales and nacelles;
- airport assistance equipment on the ground;
- industrial drilling equipment;
compressors and motors;
- railway locomotives;
― generators or hydraulics on truck.
Non-commercial or non-industrial equipment and vehicles (e.g., turf tractor used by an individual, chain saw, hat-size...) are excluded from the scope of this order.
2. Agricultural or forestry tractor:
For the purposes of this Order, an agricultural or forestry tractor shall mean any motor, wheeled or caterpillar vehicle, having at least two axles, whose function is essentially in its traction power and which is specially designed to pull, push, carry or operate certain tools, machinery or trailers intended for use in agricultural or forestry operations. It can be designed to carry loads or conveyors.
3. Pleasure boat:
For the purposes of this Order, any vessel or vessel, irrespective of the type or mode of propulsion, is intended to be used for recreational or sport purposes.
4. Inland navigation vessel:
For the purposes of this Order, a vessel intended to be used on inland waterways, of a length equal to or greater than 20 metres and of a volume equal to or greater than 100 m3 according to the formula defined in Annex I, Section 2, Item 2.8 bis of Directive 97/68/EC, or a tug or shooter built to to tow, push or lead to a couple of vessels of 20 meters or more.
Excluded from the scope of this Order:
– vessels intended for the carriage of passengers carrying a maximum of 12 persons in addition to the crew;
- pleasure craft less than 24 metres long (as defined in Article 1, paragraph 2, of Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the legislative, regulatory and administrative provisions of the Member States relating to pleasure craft;
- service vessels of the control authorities;
- fire service vessels;
- military vessels;
- fishing vessels listed in the community fishing vessel roster;
- sea vessels, including tugs and sea sprouts circulating or stationing on river-maritime waters or temporarily on inland waters, provided that they are provided with a valid navigation or safety certificate as defined in Annex I, Section 2, item 2.8 ter.
Done in Paris, December 10, 2010.
Minister to the Minister of Economy,
finance and industry,
responsible for the industry,
energy and the digital economy,
For the Minister and by delegation:
The Energy Director,
P.-M. Abadie
Minister of Economy,
finance and industry,
For the Minister and by delegation:
Deputy Director
services and networks,
A. Gras
Minister of Budget, Public Accounts,
public service and state reform,
Government spokesperson,
For the Minister and by delegation:
Deputy Director
indirect rights,
H. Havard
