S.I. No. 274/1992:

AIR POLLUTION ACT, 1987 (MARKETING, SALE AND DISTRIBUTION OF FUELS) REGULATIONS, 1992.

AIR POLLUTION ACT, 1987 (MARKETING, SALE AND DISTRIBUTION OF FUELS) REGULATIONS, 1992.

In exercise of the powers conferred on the Minister for the Environment by sections 10 and 53 of the Air Pollution Act, 1987 (No. 6 of 1987), which said powers are delegated to me by the Environment (delegation of Ministerial Functions) Order, 1992 ( S.I. No. 136 of 1992 ), I, MARY HARNEY, Minister of State at the Department of the Environment, hereby make the following Regulations:--

1. (1) These Regulations may be cited as the Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations, 1992.

(2) These Regulations and the Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations, 1990 may be cited together as the Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations, 1990 and 1992 and shall be construed together as one.

(3) These Regulations shall come into operation on the 1st day of November, 1992.

2. In these Regulations:--

"the 1990 Regulations" means the Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations, 1990.

3. Article 3 of the 1990 Regulations is hereby amended by--

( a ) the substitution of "2 per cent" for "1.5 per cent" in sub-article (1) (a) of that article;

( b ) the substitution for sub-article (2) of that article of the following sub-article:

"(2) Notwithstanding sub-article (1) of this article, a fuel merchant or any person acting on behalf of such merchant may transport any of the fuels referred to in sub-article (1) of this article within the restricted area of Dublin provided

(i) that such fuels are so transported on or in a vehicle in a total quantity of not less than 3 metric tonnes in weight at any one time, and

(ii) that such vehicle is not being used at the same time within that area for the sale or distribution of any other fuels.".

4. (1) Subject to sub-article (2) of this article, a person shall not place on the market, sell or distribute within the restricted area of Dublin any solid fuel in a bag unless

( a ) the bag is sealed, and

( b ) there is printed on the bag a notice in the form set out in the Schedule to these Regulations.

(2) In respect of any solid fuel which is placed on the market, sold or distributed in a bag within the restricted area of Dublin before the 1st day of March, 1993, the notice referred to in sub-article (1) (b) of this article may be printed on a label firmly attached to the bag.

SCHEDULE

Form of notice referred to in article 4 (1) (b)

In letters at least 2 cm high and in a form which is clearly legible--

(i) the name and address of the person who packed the bag, and

(ii) "Contents comply with Air Pollution Act Regulations."

DATED this 29th day of September, 1992.

MARY HARNEY,

Minister of State at the Department

of the Environment.

EXPLANATORY NOTE.

These Regulations, which amend and supplement the Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations, 1990, change the permitted sulphur content of allowable fuels from 1.5 per cent to 2 per cent, and confine the transport of prohibited fuels within the restricted area to loads in excess of 3 metric tonnes in weight.

These Regulations also introduce a requirement that solid fuels may only be placed on the market, sold or distributed within the restricted area in a sealed bag. Information must be printed on the bag or, up to 28 February 1993, on a label firmly attached to the bag, relating to the packer of the fuel(s) and a declaration that the contents comply with the Regulations.

The Regulations come into effect on 1st November, 1992.