Jurisdiction: UK
Commencement:
22nd March 2019 – Regulation 22
1st April 2020 – Regulations 5, 6, 14(2) and 14(3)
1st September 2019 – the remainder of these Regulations
Amends: The Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations 2012
Mini Summary
These Regulations implement a common set of labels and identifiers for common transport fuels in the UK.
Summary
These Regulations implement a common set of labels and identifiers for common transport fuels in the UK. They implement Article 7 of Directive 2014/94/EU on the deployment of alternative fuels infrastructure which standardises the labelling of types of motor vehicle fuel.
Transport fuel sold in the UK has not been required to be accompanied by standardised labelling. As the range of fuels available increases, there is a need to implement a standardised labelling system that allows consumers to easily identify different fuels across different brands and countries will help reduce mis-fueling and encourage the uptake of alternative transport fuels.
The same labels will be implemented across the EU. Schedule 1 sets out how they should look and replicates the requirements of BS EN 16942:2016 Fuels. Identification of vehicle compatibility. Graphical expression for consumer information.
Each fuel type has one or more identifier to be used on the label. Rules are set out on what the identifiers should look like and how obligated parties should ensure they incorporate them into labels that consumers can use to identify different transport fuels.
Where the petrol or diesel contains over 5 or 7 percent of ethanol or biofuel respectively, the phrase Not suitable for all vehicles: consult vehicle manufacturer before uses should be included in line with The Biofuel (Labelling) Regulations 2004 to make the user aware of vehicle compatibility issues.
Duties
Fuel retailers
From 1st September 2019 fuel retailers must use the labels on refueling points to provide clear information on the type of alternative fuel they dispense. The labels should be placed on both the dispenser and the nozzle.
Vehicle manufacturers
From 1st April 2020 vehicle manufacturers must place the relevant label on the vehicles fuel filler cap and provide information in the manual on the type of alternative fuel that the vehicle can use.
Vehicle dealers
Dealers must ensure they provide clear information to customers at the time of sale or lease. They must also ensure that any labels added by manufacturers are not removed.
Enforcement
If a person is found to be non-compliant with these requirements, they will be given an opportunity to correct the issue. If it is not resolved then civil penalties can be issued up to a maximum of £100 per vehicle / manual or £500 per fuel dispenser.
Amendments
The Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations 2012 (SI 2012/3030)
This amendment allows fuel suppliers to use Upstream Emissions Reductions credits (UERs) against the 2019 interim greenhouse gas (GHG) reduction tariff. UERs are a way for fuel suppliers to offset some of the GHG emissions that result from the production and use of transport fuels (known as upstream emissions).
Suppliers can redeem credits for the GHG emissions that they have reduced, typically by flaring (the burning of waste natural gas during oil extraction), which can then be used against their GHG emissions obligations.
Previously, UERs could only be used against the EU 2020 target set out in Directive 98/70/EC2 relating to the quality of petrol and diesel fuels (the Fuel Quality Directive). This amendment allows for the use of UERs against the 2019 interim target introduced by the UK as well:
- Interim target of a reduction in GHG emissions by 4% in 2019.
- EU target of a reduction in GHG emissions by 6% in 2020.
The aim of this interim target is to allow the industry to adjust to the new requirements ahead of the 2020 compliance period.
This is done by amending the Schedule, which was inserted by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018.
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