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Decision of 8 April 2011 concerning requirements relating to fuels for the implementation of Directive No 2009 /30/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 98 /70/EC as regards the specification of petrol, diesel fuel and gas oil and establishing a mechanism to reduce greenhouse gas emissions Monitoring and reducing, amending Council Directive 1999 /32/EC as regards the specification of fuels used by inland waterway vessels and repealing Directive 93 /12/EEC (PbEU L 140) (Decision fuels air pollution)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Housing, Spatial Planning and the Environment of 20 September 2010, no. BJZ2010024773, Executive Board of Administrative and Legal Affairs;
Having regard to Directive No 98 /70/EC of the European Parliament and the Council of the European Union of 13 October 1998 relating to the quality of petrol and diesel fuels and amending the Directive on the quality of petrol and diesel fuels. Directive 93 /12/EEC of the Council (PbEG L 350), Directive No. 1999 /32/EC of the European Parliament and of the Council of the European Union of 26 April 1999 on the reduction of the sulphur content of certain liquid fuels and amending Directive 93 /12/EEC (PbEG L 121), Directive No 2009 /30/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 98 /70/EC with regard to the specification of petrol, diesel fuel and gas oil and to establish a mechanism to monitor and reduce greenhouse gas emissions, to change of Directive 1999 /32/EC of the Council with regard to the specification of fuels used by inland waterway vessels and repealing Directive 93 /12/EEC (PbEU L 140), the International Convention for the Prevention of Pollution from Ships, adopted in London on 2 November 1973, with Protocols and Annexes to Appendices (Trb). 147) and Protocol to that Convention with Annex and Appendices (Trb), which was established in London on 17 February 1978. 1978, 188), the Articles 13 , and 14a of the Air Pollution Act and the Articles 2.2, third and 4th Member States , 9.2.2.1 , 9.2.2.6a and 9.2.3.2 of the Environmental Protection Act ;
The Department for the Advisory Board of the State heard (opinion delivered on 27 October 2010, No W08.10.0445/IV);
Having regard to the further report of the State Secretary for Infrastructure and the Environment of 5 April 2011, No HBJZ2011041732, Chief Executive of Administrative and Legal Affairs;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
Petrol: petrol as referred to in Article 2 (1) of Directive 98 /70/EC ;
Biofuels: Biofuels as referred to in Article 2 (i) of Directive No 2009 /28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and withdrawing energy Directive 2001 /77/EC and Directive 2003 /30/EC (Pb EU L 140);
Fuel delivery note: document referred to in Article 4a, sixth paragraph, part b, of Directive 1999 /32/EC in conjunction with Regulation 18, third paragraph, of Annex VI to the Treaty;
greenhouse gas emissions during the life cycle: greenhouse gas emissions during the life cycle as referred to in Article 2 (6) of this Regulation Directive 98 /70/EC ;
Greenhouse gas emissions per unit of energy: greenhouse gas emissions per unit of energy as referred to in Article 2, part 7, of Directive 98 /70/EC ;
Diesel: Diesel fuel as referred to in Article 2 (2) of this Regulation Directive 98 /70/EC ;
Diesel oil for shipping: Marine diesel oil as referred to in Article 2, part 3a, of Directive 1999 /32/EC ;
Gas oil for mobile machinery: Gas-oil for non-road mobile machinery (including inland waterway vessels), agricultural and forestry tractors, and recreational craft, as referred to in Article 2 (3) of this Regulation, Directive 98 /70/EC ;
Marine gas oil: Marine gas oils as referred to in Article 2 (3b) of this Regulation; Directive 1999 /32/EC ;
Reporting agent: holder of a permit for excise duty as intended Article 1a, first paragraph, part b, of the Law on excise duty , or registered consignee as referred to in Article 1a, first paragraph, part l, of that law, which shall release fuels for consumption, or the person importing fuels under the payment of excise duty,
Directive 98 /70/EC: Directive No 98 /70/EC of the European Parliament and the Council of the European Union of 13 October 1998 relating to the quality of petrol and diesel fuels and amending the Directive on the quality of petrol and diesel fuels. Directive 93 /12/EEC of the Council (PbEG L 350);
Directive 1999 /32/EC: Directive No 1999 /32/EC of the European Parliament and the Council of the European Union of 26 April 1999 on a reduction in the sulphur content of certain liquid fuels and amending Directive 93 /12/EEC (PbEG L 121);
Marine fuel: marine fuel as referred to in Article 2 (3) of this Regulation. Directive 1999 /32/EC ;
Treaty: The International Convention for the Prevention of Pollution from Ships, adopted in London on 2 November 1973, with Protocols and Annexes to Appendices (Trb). The Protocol annexed to the Treaty establishing the European Community, 1975, 147, and the Protocol annexed to the Treaty on 17 February 1978, with Annex and Appendices (Trb). 1978, 188);
Heavy fuel oil: heavy fuel oils as referred to in Article 2, part 1, of Directive 1999 /32/EC .
This Chapter shall apply to fuels and energy for:
a. Road vehicles;
b. Non-road mobile machinery, including inland waterway vessels when they are not on the sea;
c. Agricultural tractors;
d. Forestry machinery; and
Recreational craft, other than sea-going vessels, when they do not sail at sea.
1 It is prohibited to offer, sell or deliver fuel for sale, containing more than 6 mg of manganing of the metallic additive methylcyclopentadiene-manganal tricarbonyl (MMT) per litre.
2 With effect from 1 January 2014, the sale, sale or delivery of the prohibited fuel, containing more than 2 mg manganes of the metallic additive methylcyclopentadiene tricarbonyl (MMT) per litre, shall be prohibited.
3 Or fuel complies with the provisions of the first or second paragraph, shall be determined in accordance with a test method prescribed by Ministerial Regulation.
1 Petrol offered for sale, sold or delivered for the purposes of road transport complies with the environmental specifications set out in Annex I to this Regulation. Directive 98 /70/EC .
2 Or petrol shall comply with the provisions of paragraph 1, which shall be determined in accordance with a test method prescribed by Ministerial Regulation.
1 The summer period referred to in Annex I to Directive 98 /70/EC , each year from 1 May, and lasts until 30 September of that year.
2 By way of derogation from paragraph 1, a ministerial arrangement with regard to certain categories of service stations may, after 1 May of one year, be fixed at a time, from which date the sale of petrol to the market for sale to the Community may be fixed at the end of the year. Summer petrol specifications That time may be subject to the number of times a certain category of service stations will be supplied with summer petrol on or after 15 April in that year.
1 Diesel which is offered for sale, sold or delivered to the road complies with the environmental specifications set out in Annex II to this Regulation. Directive 98 /70/EC .
2 Or diesel shall comply with the provisions of paragraph 1, determined in accordance with a test method prescribed by Ministerial Regulation.
1 It is prohibited to offer, sell or deliver gas oil for mobile machinery with a sulphur content of more than 10 mg/kg for sale.
2 It is prohibited to use other liquid fuels with a sulphur content of more than 10 mg/kg on inland waterway vessels and recreational craft.
3 The sulphur content of gas oil for mobile machinery shall be determined in accordance with a test method prescribed by Ministerial Regulation.
1 If, as a result of an exceptional occurrence, as referred to in Article 7 of Directive 98 /70/EC a sudden change in the supply of crude oil or oil products causing the compliance of the Articles 2.3, 1st paragraph , 2.5, first paragraph , and 2.6, first and second members If the environmental specifications concerned cannot reasonably be required, our Minister may, on application by a refinery after obtaining the European Commission's authorisation, grant a maximum of six months ' exemption from the provisions of the said Regulation. articles.
2 The application for a derogation shall in any event contain the following information:
a. a description of the relevant exceptional occurrence and of the sudden change in the supply of crude oil or oil products;
b. the technical data relating to the quality of the crude oil or oil products offered;
c. the reason why compliance cannot reasonably be required is required.
3 If the application to the judgment of our Minister is sufficiently reasoned, he shall request the European Commission to permit higher limit values than those laid down in the Annexes to the Decision. Directive 98 /70/EC -to be respected.
4 After the decision of the European Commission has been published, our Minister shall, without delay, in accordance with that Decision. If the Council of the European Union, within the framework of Article 7 of Directive 98 /70/EC take a different decision, our Minister shall, after the decision of the Council of the European Union has been published, without delay, in accordance with that decision, immediately withdraw the decision which it has taken in the first instance.
5 The derogation may be granted under restrictions. Rules may be attached to the exemption.
6 The Articles 2.3 , 2.5 and 2.6 shall not apply to fuel, for which:
a. A waiver provided for in this Article has been granted; or
(b) by the competent authority of another Member State of the European Union, the procedure laid down in Article 7 of Directive 98 /70/EC has been applied and allowed higher limit values by the European Commission.
The Articles 2.2 , 2.3 , 2.5 and 2.6 shall not apply to petrol, diesel and gas oil which are shown to be exported outside the territory of the European Union and to the States Parties to the Agreement on the European Economic Area.
1 The reporting agent reduces the emissions of greenhouse gas emissions per unit of energy from supplied fuel during its life cycle to the life cycle of the second sentence of Article 7a (1), second sentence, second paragraph, introductory phrase and part a, and third paragraph, of Directive 98 /70/EC set out by 31 December 2020 at the latest by six per cent as compared to the fuel standard standard referred to in Article 7a (5) (b) of that Directive.
2 If the obligation referred to in paragraph 1 is fulfilled by the use of biofuels, they shall comply with the requirements of: Article 3 (3), third, fourth, fifth and sixth paragraphs of the Decision on renewable energy .
3 The reporting agent reports, for the first time in 2012, every year before 1 April each year at least the third sentence of Article 7a, first paragraph, of the Directive 98 /70/EC the data referred to in respect of the previous calendar year to the issuing authority. A ministerial arrangement may provide that the reporting agent shall report annually on other data designated under that scheme.
4 The obligation referred to in paragraphs 1 and 3 may also be fulfilled by a group of reporting agents.
5 In the case of ministerial arrangements, detailed rules may be laid down for the provisions of the first to fourth paragraphs.
To the reporting agent which, in any calendar year, makes less than a quantity of fuels designated under a ministerial scheme for consumption as referred to in Article 3 (1) Article 2, first paragraph, of the Law on excise duty is, in that calendar year, specific to or pursuant to Article 2.9 Not applicable.
1 Section 3.1 Applies to the sulphur content of diesel oil for shipping, gas oil for shipping and marine fuel.
2 Section 3.2 shall apply to the sulphur content of heavy fuel oil and gas oils as referred to in Article 2 (2) of Directive 1999 /32/EC.
3 By way of derogation from the first and second paragraphs, except: Article 3.3 The Sections 3.1 and 3.2 Not applicable to fuels:
a. To be used for research and testing;
(b) undergo a process step before the final incineration process;
c. are processed in the refining industry;
d. To be used for use by warships and other vessels used in military terms; or
(e) being manufactured in another Member State of the European Union, and for which the procedure laid down in Article 5 of Directive 1999 /32/EC has been applied by the competent authority of that Member State, and authorised by the European Commission to have higher limit values.
The sulphur content of the fuels referred to in this Chapter shall be determined in accordance with Article 6 of Directive 1999 /32/EC.
1 It shall be prohibited to import, offer for sale, sell or deliver:
a. Gas oil for shipping having a sulphur content of more than 0,1%; or
b. Diesel oil for shipping with a sulphur content of more than 1,5%.
2 For inland waterway vessels, it shall be prohibited to use marine fuels with a sulphur content:
a. To 31 December 2014 of more than 1 mass per cent;
b. From 1 January 2015 of more than 0,1% by mass.
1 In accordance with Regulation 18 (6) of Annex VI to the Treaty, the supplier of all marine fuels intended for use by ships referred to in Regulation 5 (1), first paragraph, introductory phrase, of Annex VI to the Treaty shall:
a. At least, on the Fuel Delivery Note, the information contained in Appendix V of Annex VI to the Treaty shall be entered;
b. A sealed representative sample of the ship's fuel, signed by the representative of the supplier, taken in accordance with the guidelines of the International Maritime Organisation of the United Nations;
c. retained a copy of the Fuel Delivery Note for at least three years.
2 It shall be prohibited to supply other marine fuels than shall be indicated on the fuel delivery note.
It shall be prohibited to use as fuel:
1. Heavy fuel oil with a sulphur content of more than 1 mass per cent, unless
(a) use before 31 December 2015 in an installation referred to in Article 3 (2) of Directive 1999 /32/EC, or
(b) use as from 1 January 2016 shall be carried out in an installation as referred to in Article 3 (3) of Directive 1999 /32/EC.
2. gas oil as referred to in Article 2 (2) of Directive 1999 /32/EC, with a sulphur content of more than 0,1% by mass.
1 If, as a result of an exceptional occurrence, as referred to in Article 5 of Directive 1999 /32/EC a sudden change in the supply of crude oil or oil products causing the compliance of the Article 3.4, first paragraph, part a or b If the maximum permitted sulphur levels cannot reasonably be required, our Minister may, on application by a refinery after obtaining the European Commission's authorization for a maximum period of six months, grant a derogation from the provisions of the Article 3.4, first paragraph, part a or b.
2 The application for a derogation shall in any event contain the following information:
a. a description of the relevant exceptional occurrence and of the sudden change in the supply of crude oil or oil products;
b. the technical data relating to the quality of the crude oil or oil products offered;
c. the reason why compliance cannot reasonably be required is required.
3 If the application to the judgment of our Minister is sufficiently reasoned, he shall request the European Commission to permit higher limit values than those laid down in the Annexes to the Decision. Directive 1999 /32/EC -to be respected.
4 After the decision of the European Commission has been published, our Minister shall, without delay, in accordance with that Decision. If the Council of the European Union, within the framework of Article 5 of Directive 1999 /32/EC take a different decision, our Minister shall, after the decision of the Council of the European Union has been published, without delay, in accordance with that decision, immediately withdraw the decision which it has taken in the first instance.
5 The derogation may be granted under restrictions. Rules may be attached to the exemption.
1 It is prohibited to use other solid, liquid or gaseous fuels other than those specified in this Decision, with a sulphur content of more than 1.2% by mass as a fuel.
2 It shall also be prohibited to import, offer, sell or deliver fuels as referred to in paragraph 1, unless such fuels are intended for a user to whom such fuels are to be reasonably available. adopted differently from that used as fuel.
The sulphur content of fuels referred to in Article 4.1, first paragraph , it shall be determined in accordance with a test method prescribed by a ministerial arrangement.
The competent authority may prescribe a lower value for sulphur content than in the case of a decision in respect of a permit for a facility. Article 4.1, first paragraph , recorded values, but not less than 0,3%.
1 The Board of the Emissions Authority controls the reported data, intended to Article 2.9 (3) .
2 In the case of the verification referred to in paragraph 1, the following shall be verified in each case:
a. The data is in accordance with the Directive on the basis of the Decision of Renewable Energy Transport in the Register, as defined in Annex II. Article 12.31, first paragraph, of the Environmental Management Act, data recorded; and
b. to the specified Article 2.9, first paragraph , it is fulfilled.
3 The Board of the Emissions Authority shall electronically supply the verified data to Our Minister.
4 In the case of ministerial arrangements, detailed rules may be laid down for the provisions laid down in paragraphs 1 to 3.
1 A change of Directive 98 /70/EC shall apply for the purposes of this Decision from the date of implementation of the amending Directive concerned, except where a ministerial order published in the Official Journal of the European Union provides for a change of time. 3.
2 A change of Directive 1999 /32/EC shall apply for the purposes of this Decision from the date of implementation of the amending Directive concerned, except where a ministerial order published in the Official Journal of the European Union provides for a change of time. 3.
3 An amendment to the Treaty shall apply to the application of this Decision as from the day on which the amendment enters into force at international level, unless a ministerial order published in the Official Journal of the European Union provides for a change of time. shall be established.
The Decision quality requirements fuels road traffic and the Decision sulphur content fuels shall be withdrawn.
This Decision shall enter into force from the day following the date of issuance of the Official Journal in which it is placed.
This decision is cited as: Decision fuels air pollution.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 8 April 2011
Beatrix
The State Secretary for Infrastructure and the Environment,
J. J. Atsma
Published the twenty-seventh April 2011The Minister for Security and Justice,
I. W. Opstelten
