S.L. 545.18 Art. 7Maximum sulphur content of heavy fuel oil.

(1) The use of heavy fuel oils, the sulphur content of which exceeds one per cent by mass is prohibited.

(2) Subject to appropriate monitoring of emissions by the

Environment and Resources Authority, until the 31st of December 2015, sub-regulation (1) shall not apply to heavy fuel oils used:

(a) in combustion plants which fall within the scope of Directive 2001/80/EC of the European Parliament and of the Council of 23rd October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants, which are subject to Article 4(1) or (2) or Article 4(3)(a) of that Directive and which comply with the emission limits for sulphur dioxide for such plants as set out in that Directive;

(b) in combustion plants which fall within the scope of Directive 2001/80/EC, which are subject to Article 4(3)(b) and Article 4(6) of that Directive and the monthly average sulphur dioxide emissions of which 3 do not exceed 1 700 mg/Nm at an oxygen content in the flue gas of 3% by volume on a dry basis;

(c) in combustion plants which do not fall under paragraphs (a) or (b), and the monthly average sulphur dioxide emissions of which do not exceed 1 700 mg/ Nm3 at an oxygen content in the flue gas of 3% by volume on a dry basis;

(d) for combustion in refineries, where the monthly average of emissions of sulphur dioxide averaged over all combustion plants in the refinery, irrespective of the type of fuel or fuel combination used, but excluding plants which fall under paragraph (a) and (b), gas turbines and gas engines, do not exceed 1 700 3 mg/Nm at an oxygen content in the flue gas of 3% by volume on a dry basis.

(3) Subject to appropriate monitoring of emissions by the Environment and Resources Authority as from 1 January 2016, sub-regulation (1) shall not apply to heavy fuel oils used:

(a) in combustion plants which fall within the scope of Chapter III of Directive 2010/75/EU of the European Parliament and of the Council, and which comply with the emission limits for sulphur dioxide for such plants as set out in Annex V to that Directive or, where those emission limit values are not applicable according to that Directive, for which the monthly average sulphur dioxide emissions do not exceed 1 700 mg/Nm3 at an oxygen content in the flue gas of 3% by volume on a dry basis;

(b) in combustion plants which do not fall under paragraph (a), and the monthly average sulphur dioxide emissions of which do not exceed 1 700 mg/ 3 Nm at an oxygen content in the flue gas of 3% by volume on a dry basis;

(c) for combustion in refineries, where the monthly average of emissions of sulphur dioxide averaged over all combustion plants in the refinery, irrespective of the type of fuel or fuel combination used, but excluding plants falling under paragraph (a), gas turbines and gas engines, do not exceed 1 700 mg/Nm3 at an oxygen content in the flue gas of 3% by volume on a dry basis.

(4) No combustion plant using heavy fuel oil with a sulphur concentration greater than that referred to in sub-regulation (1) shall be operated without a permit issued by a competent authority with the responsibility for specifying the emission limits.

(5) Any person who fails to comply with any of the provisions of this regulation shall be guilty of an offence and shall be liable, on conviction, to a fine (multa) of not less than ten thousand euro (€10,000) but not exceeding sixty-nine thousand eight hundred euro (€69,800) or to imprisonment for a term not exceeding eighteen months, or to both such fine and imprisonment.