S.I. No. 378/1985 - The European Communities (Lead Content of Petrol) Regulations, 1985.

S.I. No. 378 of 1985.

THE EUROPEAN COMMUNITIES (LEAD CONTENT OF PETROL) REGULATIONS, 1985.

The Minister for the Environment, in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to the provisions of Council Directive of 20th March, 1985, No. 85/210/EEC*, which relate to the lead-compound content, calculated in terms of lead, of leaded petrol, hereby makes the following Regulations:—

* O.J. No. L96, 3 April, 1985.

1. (1) These Regulations may be cited as the European Communities (Lead Content of Petrol) Regulations, 1985.

(2) These Regulations shall come into operation on the 1st day of April, 1986.

(3) The European Communities (Lead Content of Petrol) Regulations, 1980 ( S.I. No. 372 of 1980 ) and the European Communities (Lead Content of Petrol) (Amendment) Regulations, 1982 ( S.I. No. 236 of 1982 ) are hereby revoked.

2. (1) In these Regulations:—

"authorised person" means a person appointed by the Minister for Industry, Trade, Commerce and Tourism to be an authorised person for the purposes of these Regulations;

"Council Directive" means the Council Directive of 20th March, 1985 No. 85/210/EEC.

(2) A word or expression that is used in these Regulations and is also used in the Council Directive has the meaning in these Regulations that it has in the Council Directive.

3. (1) A person shall not market petrol in the State if its lead-compound content, calculated in terms of lead, established in the manner set out in sub-article (2) of this article, exceeds 0.15 grammes per litre.

(2) The lead-compound content, calculated in terms of lead, of petrol for the purpose of these Regulations shall be determined by the method laid down in International Standard ISO 3830/1981, titled "Petroleum products — Gasoline — Determination of lead content — Iodine monochloride method", and the results of individual measurements shall be interpreted on the basis of the method described in International Standard ISO 4259/1979, titled "Petroleum products—Determination and application of precision data in relation to methods of tests", published by the International Standards Organisation.

(3) A person who contravenes sub-article (1) of this article shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding 1,000 or, at the discretion of the court, to imprisonment, for a term not exceeding 6 months or to both such fine and such imprisonment.

4. (1) An authorised person may at any reasonable time enter and inspect any premises, railway engine or wagon, vehicle, ship, vessel or aircraft in which he has reasonable grounds for believing that petrol is kept and may examine and take samples of any petrol which he finds in the course of his inspection.

(2) Where a sample is taken pursuant to this article the authorised person concerned shall—

( a ) notify forthwith an appropriate person that a sample is so taken, and

( b ) if so required by the appropriate person at the time of the giving of the notification, divide the sample into two parts, seal and mark each part and leave one part with the appropriate person.

(3) Any person who obstructs or interferes with an authorised person in the course of exercising a power conferred on him under this article shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding 500.

(4) When exercising any powers conferred by these Regulations, an authorised person shall, if so required, produce evidence of his authority.

(5) In this article, "appropriate person" means the owner of or any person who appears for the time being to be in charge of the premises, railway engine or wagon, vehicle, ship, vessel or aircraft, or the agent of such owner or person.

5. A prosecution for an offence under these Regulations may be taken by the Minister for Industry, Trade, Commerce and Tourism.

GIVEN under the Official Seal of the Minister for the Environment this 27th

day of November, 1985.

LIAM KAVANAGH,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations give effect to part of the Council Directive of the European Communities of 20th March, 1985 on the approximation of the laws of the Member States concerning the lead content of petrol. The Regulations, which come into operation on 1 April, 1986, prohibit the marketing in the State of petrol, the lead compound content of which, expressed as lead, exceeds 0.15 grammes per litre.