PART I PRELIMINARY

Citation and commencement

1. These Regulations may be cited as the Hydrocarbon Oil (Marking) Regulations 2002 and come into force on 1st August 2002.

Interpretation

2. —(1) In these Regulations—

• “the Act” means the Hydrocarbon Oil Duties Act 1979 ;

• “ASTM” means American Society for Testing and Materials;

• [^F1 “ biodiesel excise duty point ” means the excise duty point which applies for biodiesel by virtue of regulation 17 (excise duty points) of the Biofuels and Other Fuel Substitutes (Payment of Excise Duties etc) Regulations 2004 ; ^F1]

• ^F2 ...

• ^F3 ...

• [^F4 “the common United Kingdom fiscal marker” means ((3-(sec-butyl)-4-(decyloxy)phenyl)methanetriyl)tribenzene ^F4] ;

• [^F5 “ coumarin ” means 1,2-benzopyrone ^F5] ;

• “dark oil” means heavy oil that is darker than ASTM colour 3.0 in the Table of Glass Colour Standards included in “Standard method of Test for ASTM Colour of Petroleum Products” adopted as a joint ASTM-IP standard with ASTM designation D 1500-98 and IP designation IP 196/97, which appears in “IP Standard Methods”, when the heavy oil and ASTM Colour 3.0 are compared in the manner described in that publication for that method of test;

• “duty” means the excise duty charged on hydrocarbon oil by section 6(1) of the Act^M4[^F6 or, as the case may be, on bioblend under section 6AB of the Act ^F6] ;

• ^F7 ...

• [^F8 “ the general marker ” means N-Ethyl-N-[2-(1-isobutoxyethoxy)ethyl]-4-(phenylazo)aniline; ^F8]

• “IP” means Institute of Petroleum;

• “IP Standard Methods” means “IP Standard Methods for Analysis and Testing of Petroleum and Related Products and British Standard 2000 Parts 2002”, 61st edition, May 2002, published by the Institute of Petroleum, ISBN 0 85293 348 7;

• “kerosene” means heavy oil of which more than 50% by volume distils at a temperature not exceeding 240°C;

• “marker” means, except where the context requires otherwise, a marker or colouring substance prescribed by these Regulations and includes, in regulation 10, a composite solution of the type referred to in regulation 9;

• “oil” means hydrocarbon oil;

• “quinizarin” means 1,4-dihydroxyanthraquinone;

• [^F8 “ solvent orange ” means 1-[(2-methylphenyl)azo]-2-naphthol; ^F8]

• [^F9 “ solvent red ” means a dye that consists of at least 50% 1-(2-methyl-4-(2-methylphenylazo)phenylazo)-2-naphthol, with any remainder consisting of one or more of—

  (a)

  1-(4-(phenylazo)phenylazo)-2-naphthol;

  (b)

  1-[[3-methyl-4-[(3-methylphenyl)azo]phenyl]azo]-2-naphthol;

  (c)

  1-[[2,5-dimethyl-4-[(2-methylphenyl)azo]phenyl]azo]-2-naphthol;

  (d)

  1-[[4-[(dimethylphenyl)azo]dimethylphenyl]azo]-2-naphthol. ^F9]

(2) Any reference in these Regulations to marked oil[^F10 or bioblend means oil or bioblend ^F10] to which a marker has been added and related expressions must be construed accordingly.

PART II REQUIREMENT TO WORK

Prescribed markers and colouring substance

3. —(1) The following markers and colouring substance are prescribed by these Regulations—

(a) for gas oil[^F11 , biodiesel ^F11] and light oil, the markers described in [^F12 paragraph (2)(a), (b), (d) and (e) ^F12] and the colouring substance described in paragraph (3);

(b) for kerosene, the markers described in [^F13 paragraph (2)(a), (c), (d) and (e) ^F13][^F14 ; ^F14]

[^F15 (c) for bioblend that is a mixture of biodiesel and gas oil, the markers described in [^F16 paragraph (2)(a), (b), (d) and (e) ^F16] and the colouring substance described in paragraph (3);

(d) for bioblend that is a mixture of biodiesel and kerosene, the markers described in [^F17 paragraph (2)(a), (c), (d) and (e) ^F17] . ^F15]

(2) The markers are—

[^F18 (a) the general marker added in the proportion of not less than 3 kilograms per 1,000,000 litres of oil; ^F18]

(b) quinizarin added in the proportion of not less than 1.75 kilograms per 1,000,000 litres of oil;

(c) coumarin added in the proportion of not less than 2 kilograms per 1,000,000 litres of oil[^F19 ; ^F19]

[^F20 (d) the common United Kingdom fiscal marker added in the proportion of not less than 2.5 kilograms per 1,000,000 litres of [^F21 oil; ^F21,F20]]

[^F22 (e) n-butyl phenyl ether added in the proportion of not less than 9.5 kilograms and not more than 14.25 kilograms per 1,000,000 litres of oil. ^F22]

[^F23 (3) The colouring substance is not less than 4 kilograms of solvent red per 1,000,000 litres of oil and not less than 0.4 kilograms of solvent orange per 1,000,000 litres of oil. ^F23]

[^F24 (4) For the purposes of paragraph 1(c), the proportions described in [^F25 regulation 3(2)(a), (b), (d) ^F25] and (3) apply as if the bioblend consisted entirely of gas oil.

(5) For the purposes of paragraph 1(d), the proportions described in [^F26 regulation 3(2)(a), (c) and (d) ^F26] apply as if the bioblend consisted entirely of kerosene. ^F24]

Marking required for rebate

[^F27 4. Subject to Part III (exceptions to marking requirements), no rebate of duty shall be allowed—

(a) on the delivery for home use of—

(i) gas oil under section 11(1)(b) of the Act;

(ii) kerosene under section 11(1)(c) or 13AA(1) of the Act; or

(iii) light oil under section 14(1) of the Act; or

(b) for biodiesel under section 14A of the Act, at the biodiesel excise duty point,

unless there is added to the oil or biodiesel, in accordance with these Regulations, the markers and, except in the case of kerosene, the colouring substance, prescribed by regulation 3. ^F27]

[^F28 4A. Subject to Part III (exceptions to marking requirements), no rebate of duty shall be allowed on bioblend under section 14B of the Act unless there is added to the bioblend the markers and, in the case of bioblend that is a mixture of biodiesel and gas oil, the colouring substance prescribed by regulation 3. ^F28]

Marking required for delivery of oil without payment of duty

^M5 5. Subject to Part III (Exceptions to marking requirements), the Commissioners may not permit any gas oil or kerosene to be delivered for home use without payment of duty on that oil under section 9 of the Act , unless there is added to the oil, in accordance with these Regulations, the markers and, in the case of gas oil, the colouring substance, prescribed by regulation 3.

PART III EXCEPTIONS TO MARKING REQUIREMENTS

Commissioners’ power to waive marking

6. The Commissioners may waive the requirements of [^F29 regulations 4 and 4A ^F29] (marking required for rebate) and regulation 5 (marking required for delivery of oil without payment of duty) only where they are satisfied that it is necessary for technical reasons or for reasons of public health or safety.

PART IV TIME AND MANNER OF MARKING

Application

7. This Part applies for the purpose of determining the time and manner in which any oil[^F30 , biodiesel ^F30][^F31 or bioblend ^F31] required to be marked by these Regulations is to be marked.

Time of marking

[^F32 8. Except as otherwise provided in regulations made by the Commissioners—

(a) oil and bioblend must be marked before delivery for home use of that oil and bioblend; and

(b) biodiesel must be marked before the biodiesel excise duty point arises. ^F32]

Use of composite solution

9. Any oil[^F33 , biodiesel ^F33][^F34 or bioblend ^F34] may be marked by the addition to it of a solution containing the markers.

[^F35 Production of composite solution

9A. —(1) A solution containing the markers intended for use in marking oil, biodiesel or bioblend in accordance with these Regulations may be produced by the addition of markers to a base of oil, biodiesel or bioblend in a proportion greater than that specified in regulation 3(2) and (3).

(2) The markers may be added to the base of oil, biodiesel or bioblend at a time later than that specified in regulation 8(a), in the case of oil and bioblend, and later than that specified in regulation 8(b), in the case of biodiesel.

Requirement for even mixing

9B. When oil, biodiesel or bioblend is marked, whether by the addition to it of a solution containing the markers or otherwise, the markers must be so mixed into the oil, biodiesel or bioblend that the markers are evenly distributed throughout the oil, biodiesel or bioblend. ^F35]

PART V STORAGE, LABELLING ETC

Storage of markers

10. —(1) The occupier of any premises where marking occurs must keep any marker—

(a) separately from all other substances; and

(b) except when removed for immediate use, in containers bearing a description of their contents.

(2) At the end of each month, the occupier of any premises where marking occurs must—

(a) take stock of the markers that he stores for use or that are in use at those premises;

(b) make a written record of that stocktake;

(c) preserve that written record for not less than 6 years.

Storage of marked oil [^F36 or bioblend ^F36]

11. Marked oil[^F37 , biodiesel or ^F37][^F36 or bioblend ^F36] must be stored separately from unmarked oil[^F36 or bioblend ^F36] .

Labelling of delivery points for marked oil

12. Any drum, storage tank or other container or any delivery pump or pipe must bear an indelible notice to the effect that—

(a) where it contains, or is an outlet for, any gas oil[^F38 , biodiesel ^F38] or kerosene marked under regulation 4 (marking required for rebate), such oil[^F38 , biodiesel ^F38] is not to be used as [^F39 fuel other than for an excepted machine ^F39] ;

[^F40 (aa) where it contains, or is an outlet for, any bioblend marked under regulation 4A (marking required for rebate on bioblend), such bioblend is not to be used as [^F41 fuel other than for an excepted machine ^F41] ; ^F40]

(b) where it contains, or is an outlet for, any light oil marked under regulation 4 (marking required for rebate), such oil is to be used only as furnace fuel;

(c) where it contains, or is an outlet for, any oil marked under regulation 5 (marking required for delivery without payment of duty), such oil is not to be used as fuel for any engine, motor or other machinery or as heating fuel.

Particulars to be recorded on delivery notes

13. —(1) Any person who supplies—

(a) ^F43 gas oil[^F42 or biodiesel ^F42] marked under regulation 4 (marking required for rebate); ...

(b) ^F44 a quantity ... exceeding two hundred and fifty litres of kerosene, marked under regulation 4 (marking required for rebate); [^F45 or

(c) bioblend marked under regulation 4A; ^F45]

must provide to the recipient a delivery note bearing a statement to the effect that such oil[^F46 or, as the case may be, [^F47 biodiesel or ^F47] bioblend ^F46] is not to be used as [^F48 fuel other than for an excepted machine ^F48] .

(2) Any person who supplies light oil marked under regulation 4 (marking required for rebate) must provide to the recipient a delivery note bearing a statement to the effect that such oil is only to be used as furnace fuel.

(3) Any person who supplies oil marked under regulation 5 (marking required for delivery for home use without payment of duty) must supply to the recipient a delivery note bearing a statement to the effect that such oil is not to be used as fuel for any engine, motor or other machinery or as heating fuel.

PART VI PROHIBITIONS

Prohibitions relating to prescribed markers

14. —(1) No oil[^F49 , biodiesel ^F49][^F50 or bioblend ^F50] may be marked except in the circumstances prescribed by these Regulations.

(2) No marker may be removed from any oil[^F49 , biodiesel ^F49][^F50 or bioblend ^F50] .

(3) No substance calculated to impede the identification of any marker may be added to any oil[^F49 , biodiesel ^F49][^F50 or bioblend ^F50] .

Prohibition relating to other markers

15. —(1) No person may add any chemical identifier or dye other than a marker[^F51 or n-butyl phenyl ether ^F51] to any gas oil[^F52 , kerosene [^F53 , biodiesel ^F53] or bioblend ^F52] required by these Regulations to be marked (other than gas oil[^F52 , kerosene [^F53 , biodiesel ^F53] or bioblend ^F52] to which regulation 6 applies).

^M6 (2) Where any person contravenes this regulation, his contravention shall attract a penalty under section 9 of the Finance Act 1994 (civil penalties) and any oil[^F54 or, as the case may be, [^F55 biodiesel or ^F55] bioblend ^F54] to which such a chemical identifier or dye has been added shall be liable to forfeiture.

Prohibition on importation of certain oil

16. No oil[^F56 , biodiesel ^F56][^F57 or bioblend ^F57] of a description required by these Regulations to be marked may be imported where there has been added any substance calculated to impede the identification of any marker.

Prohibition on the sale of dark oil

17. No dark oil may be sold as fuel [^F58 other than for an excepted machine ^F58] .

PART VII AMENDMENTS, OMISSIONS AND REVOCATIONS

The Hydrocarbon Oil Regulations 1973

^M7 18. —(1) Amend the Hydrocarbon Oil Regulations 1973 as follows.

(2) In regulation 2, omit—

(a) the definition of “dark oil”; and

(b) the definition of “the duty deferment regulations”.

(3) For paragraph (1)(f) and paragraph (2)(b) of regulation 12 (delivery notes), substitute “if the oil is required by the Hydrocarbon Oil (Marking) Regulations 2002 to be marked, the statements required by regulation 13 of those Regulations”.

(4) Omit regulations 17 to 30A.

The Hydrocarbon Oil (Designated Markers) Regulations 1996

^M8 19. —(1) Amend regulation 2 (designation of markers) of the Hydrocarbon Oil (Designated Markers) Regulations 1996 as follows.

(2) In regulation 2(2)—

(a) for the second designated marker, substitute—

(b) omit the third designated marker.

Revocations

^M9 20. —(1) Revoke the Hydrocarbon Oil (Amendment) Regulations 1985 .

^M10 (2) Revoke the Hydrocarbon Oil (Amendment) (No. 2) Regulations 1994 .