/Unofficial translation from Lithuanian to English/
Consolidated version as of 06/09/2017
Order published in: the Official Gazette, No. 153-7849, ID 110203NISAK14/3-742
New version as of 28/06/2014:
No. 1-170/D1-562/3-257-(E), 2014-06-25, published in the Register of Legal Acts on 27/06/2014, ID 2014-09264
MINISTER OF ENERGY OF THE REPUBLIC OF LITHUANIA
MINISTER OF ENVIRONMENT OF THE REPUBLIC OF LITHUANIA
MINISTER OF TRANSPORT AND COMMUNICATIONS OF THE REPUBLIC OF LITHUANIA
ORDER
ON THE APPROVAL OF THE MANDATORY QUALITY INDICATORS FOR PETROLEUM PRODUCTS,
BIOFUELS AND LIQUID FUELS USED IN THE REPUBLIC OF LITHUANIA
22 December 2010 No. 1-348/D1-1014/3-742
Vilnius
In accordance with Article 13 of the Law on Ambient Air Protection of the Republic of Lithuania, Article 5 of the Law on Product Safety of the Republic of Lithuania, Article 6(10) of the Law on Energy of the Republic of Lithuania and Article 39(1) and (3) of the Law on Energy from Renewable Sources of the Republic of Lithuania, implementing Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 related to the quality of petrol and diesel fuels amending Council Directive 93/12/EEC (OJ 2004, special edition, Chapter 13, Volume 23, p. 182) as last amended by Commission Directive 2017/77/EU of 10 June 2014 (OJ 2014 L 170, p. 62), and Directive (EU) 2016/802 of the European Parliament and of the Council of 11 May 2016 relating to a reduction in the sulphur content of certain liquid fuels (OJ 2016 L 132, p. 58) and Commission Decision 2010/769/EU of 13 December 2010 on the establishment of criteria for the use of liquefied natural gas carriers of technological methods as an alternative to using low sulphur marine fuels meeting the requirements of Article 4b of Council Directive 1999/32/EC relating to a reduction in the sulphur content of certain liquid fuels as amended by Directive 2005/33/EC of the European Parliament and of the Council on the sulphur content of marine fuels (OJ 2010 L 328, p. 15), Article 1(7)(a) of Directive (EU) 2015/1513 of the European Parliament and of the Council of 9 September 2015 amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 2009/28/EC on the promotion of the use of energy from renewable sources, and seeking to reduce the negative impact on the environment and human health and to protect consumers from low-quality petroleum products and liquid fuels, we shall hereby:
Amendments to the preamble:
No. 1-133/D1-448/3-216(1.5E), 27/05/2015, published in the Register of Legal Acts on 28/05/2015, ID 2015-08243
No. 1-232/D1-731/3-395, 31/08/2017, published in the Register of Legal Acts on 05/09/2017, ID 2017-14154
1. approve the mandatory quality indicators for petroleum products, biofuels and liquid fuels used in the Republic of Lithuania (enclosed).
2. establish the following:
2.1. in performing flag state control over the ships registered in the Register of Seagoing Ships of the Republic of Lithuania or state control over the foreign ships at the port, the Lithuanian Maritime Safety Administration shall inspect ship logbooks, bunker replenishment delivery notes and other documents confirming the quality of marine fuels. After establishing that the documents submitted for inspection do not comply with the legal requirements, the Lithuanian Maritime Safety Administration shall immediately forward this information to the Klaipėda Regional Environmental Protection Department under the Ministry of Environment (hereinafter referred to as the “Klaipėda REPD”) and the State Consumer Rights Protection Authority (hereinafter referred to as the “Authority”). The Klaipėda REPD together with the Authority shall, within its competence, examine the sulphur content of the sealed bunker fuel samples kept on board or take such samples and examine the sulphur content of marine fuels stored ship fuel tanks and/or bunkers and intended for to be used for burning on board or take samples of such fuel during its supply to the vessel and examine the sulphur content of it;
Amendments to the item:
No. 1-97/D1-210/3-90(1.5 E), 23/03/2016, published in the Register of Legal Acts on 13/04/2016, ID 2016-09030
2.2. after establishing that marine fuels do not comply with the mandatory quality indicators for petroleum products, biofuels and liquid fuels used in the Republic of Lithuania and approved by this Order (hereinafter referred to as the Mandatory Quality Indicators), the Klaipėda REPD, the Lithuanian Maritime Safety Administration and the Authority shall, within their competence, take steps to prevent the on-board use of marine fuels intended for burning on board;
Amendments to the item:
No. 1-97/D1-210/3-90(1.5 E), 23/03/2016, published in the Register of Legal Acts on 13/04/2016, ID 2016-09030
2.3. in performing flag state control over the ships registered in the Register of Seagoing Ships of the Republic of Lithuania or state control over the foreign ships at the port, the Lithuanian Maritime Safety Administration shall inspect the technological methods of pollution abatement used on board and the testing of new pollution abatement methods as well as ship logbooks that indicate the type and quantity of fuel used on board. After establishing that records of the type and quantity of fuel consumed on board constitute grounds for suspecting that the alternative technological method of pollution abatement used on board does not meet the legislative requirements or that after completing the tests, the emissions of the ship will be reduced less than the reductions that would be achieved if the sulphur limit values specified in the Mandatory quality indicators were adhered to, the Lithuanian Maritime Safety Administration shall promptly forward this information to the Klaipėda REPD, which shall investigate it and, if the suspicions are confirmed, shall, within its competence take steps to ensure that environmentally harmful activities are ceased on board;
2.4. the Lithuanian Maritime Safety Administration:
in order to ensure the availability of marine fuels, shall publish the list of economic entities authorised to engage in wholesale trade in bulk petroleum products supplied (by marine fuel suppliers) to ships as fuel reserves; information required to draw up the list of marine fuel suppliers shall be provided in accordance with the procedure set out in the Rules for Issuing Authorisations to Trade in Petroleum Products, approved by Order No. 1-19 of 02 February 2012 of the Minister of Energy of the Republic of Lithuania “On the Approval of the Rules for Issuing Authorisations to Trade in Petroleum Products”;
2.4.2. shall submit to the European Commission, in writing, the information specified in Item 27 of the Mandatory Quality Indicators;
2.4.3. shall submit, in writing, the information specified in Sub-items 43.1 and 43.7 of the Mandatory Quality Indicators;
2.4.4. shall publish the information specified in Sub-item 43.7 of the Mandatory Quality Indicators;
3. establish that, when applying the Lithuanian standards specified in the Mandatory Quality Indicators, the latest version of the standards shall be followed.
4. establish that, when using the Combined Nomenclature (hereinafter referred to as the “CN”) codes of petroleum products, biofuels and liquid fuels in the Mandatory Quality Indicators, Council Regulation (EEC) No. 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ 2004, special edition, Chapter 2, Volume 2, p. 382) as last amended by Commission Implementing Regulation (EU) No. 1113/2012 of 23 November 2012 (OJ 2012 L 329, p.11) shall be followed.
Supplemented by Item:
No. 1-275/D1-909/3-426, 13/11/2014, published in the Register of Legal Acts on 19/11/2014, ID 2014-17175
Minister of Energy Arvydas Sekmokas
Minister of Environment Gediminas Kazlauskas
Minister of Transport and Communications Eligijus Masiulis
APPROVED BY
the Minister of Energy of the Republic of Lithuania,
the Minister of Environment of the Republic of Lithuania,
the Minister of Transport and Communications of the Republic of Lithuania,
by order No. 1-348/D1-1014/3-742
of 22 December 2010
(the version of Order No. 1-170/D1-562/3-257-(E)
of 25 June 2014
of the Minister of Energy of the Republic of Lithuania,
the Minister of Environment of the Republic of Lithuania,
the Minister of Transport and Communications of the Republic of Lithuania
MANDATORY QUALITY INDICATORS FOR PETROLEUM PRODUCTS, BIOFUELS AND LIQUD FUELS USED IN THE REPUBLIC OF LITHUANIA
SECTION I
GENERAL PROVISIONS
1. The Mandatory Quality Indicators for Petroleum Products, Biofuels and Liquid Fuels used in the Republic of Lithuania (hereinafter referred to as the “Mandatory Quality Indicators”) establish the allowable sulphur content of fuel oil, gas oil, marine fuel, liquid fuel, petrol, diesel fuel and liquefied petroleum gas, the quality parameters of fuels and biofuels, special pollution control conditions for their use as well as control measures for their supply to the market.
2. The definitions of the terms used in the Mandatory Quality Indicators are as follows:
2.1. petrol shall mean a light petroleum distillate for use in vehicles with spark-ignited internal combustion engines and marked by CN codes of 2710 12 41, 2710 12 45, 2710 12 41, 2710 12 45, 2710 12 49, 2710 12 51 and 2710 12 59;
Amendments to the item:
No. 1-275/D1-909/3-426, 13/11/2014, published in the Register of Legal Acts on 19/11/2014, ID 2014-17175
2.2. biofuel and fuel mixture shall mean fuel containing over 30% biofuels;
Amendments to the item:
No. 1-275/D1-909/3-426, 13/11/2014, published in the Register of Legal Acts on 19/11/2014, ID 2014-17175
2.3. diesel fuel shall mean gas oil – a medium petroleum distillate for use in diesel engines of, mostly, vehicles and marked by CN codes 2710 19 43 and 2710 20 11;
Amendments to the item:
No. 1-275/D1-909/3-426, 13/11/2014, published in the Register of Legal Acts on 19/11/2014, ID 2014-17175
2.4. gas oil shall mean any petroleum-derived liquid fuel other than marine fuel that corresponds to CN codes 2710 19 25, 2710 19 29, 2710 19 47, 2710 19 48, 2710 20 17 or 2710 20 19, or any petroleum-derived liquid fuel other than marine fuel with at least 65 % of its volume (including losses) distilled at 250 °C and at least 85 % (including losses)—at 350 °C by the ASTM D86 method;
2.5. gas oil for use in non-road mobile machinery (including inland waterways ships), agricultural and forestry tractors and recreational craft shall mean any petroleum product included in CN codes 2710 19 43 and 2710 20 11 for use in diesel internal combustion engines;
Amendments to the item:
No. 1-275/D1-909/3-426, 13/11/2014, published in the Register of Legal Acts on 19/11/2014, ID 2014-17175
2.6. marine diesel fuel shall mean marine fuel that meets the specifications of the DMB category established in Table 1 of ISO 8217 standard, except the sulphur content parameter;
2.7. marine gas oil shall mean marine fuel that meets the specifications of the DMX, DMA and DMZ categories established in Table 1 of ISO 8217 standard, except the sulphur content parameter;
2.8.marine fuel shall mean any liquid fuel (pure and/or mixed with biofuels) intended to be used or in use in ships, including the fuels types defined in the ISO 8217 standard. This definition includes any liquid fuels used in inland waterway ships or recreational craft when such craft are at sea;
2.9. supply of marine fuel to the market shall mean the supply or delivery of marine fuel for burning on board to third persons for a fee or free of charge in any territory falling within the jurisdiction of the Republic of Lithuania. This definition does not apply to the supply or delivery of marine fuel intended to be exported in on-board cargo tanks;
2.10. warship shall mean a ship belonging to the armed forces of the State, bearing the external distinctive marks common for such ships, commanded by an officer who has been duly authorised by the State and whose name appears in the list of the relevant service or its equivalent document, and manned by a crew under the regular armed forces;
2.11. combustion plant shall mean any technical facility in which fuel is oxidised for use of the generated heat;
2.12. berthed ship shall mean a ship that is securely fastened or anchored in one of the ports of the Member States of the European Union during its loading works or during activities related to its operation, including the time when the loading works have not yet started;
2.13. liquid fuel shall mean shale oil or other liquid products for energy production.
2.14.SOx emission control areas shall mean the marine areas specified in Annex VI “Prevention of Atmospheric Pollution from Ships” (hereinafter referred to as “Annex VI”) to the 1973 International Convention for the Prevention of Pollution from Ships, as amended (hereinafter referred to as the “MARPOL Convention”);
2.15. (heavy) fuel oil shall mean any petroleum-derived liquid fuel other than marine fuel that corresponds to CN codes 2710 19 51–2710 19 68, 2710 20 31, 2710 20 35, 2710 20 39 or any petroleum-derived liquid fuel other than gas oil that, as a result of the established distillation limits, falls within the category of fuel oil used for fuel and has less than 65 % of its volume (including losses) distilled at 250 °C by the ASTM D86 method. If the distillation cannot be carried out by the ASTM D86 method, the petroleum product shall also be classified as fuel oil;
2.16. liquefied natural gas carrier shall mean a cargo ship constructed or adapted and used for carrying large amounts of liquefied natural gas, as defined under the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (ICG);
2.17. cold season shall mean the period from January to April and from October to December, including the winter period from December to February;
2.18. pollution abatement method shall mean any installation, material, device or apparatus or any other technology installed on board, any alternative fuel or compliance assurance method used (applied) as an alternative to low-sulphur marine fuel that meets the requirements set out in the Mandatory Quality Indicators, and possible to verify, quantitatively assess or implement;
2.19. warm season shall mean the period from May to September.
3. Other terms used in the Mandatory Quality Indicators are defined in the Law on Energy of the Republic of Lithuania, the Law on Energy from Renewable Sources of the Republic of Lithuania, the Law on Maritime Shipping Law of the Republic of Lithuania, the Law on Protection of the Marine Environment of the Republic of Lithuania and the Rules for Trading in Petroleum Products, approved by Order No. 1-346 of 14 December 2010 of the Minister of Energy of the Republic of Lithuania “On the Approval of the Rules for Trading in Petroleum Products”.
4. The Mandatory Quality Indicators shall apply to:
4.1. gas oil, fuel oil and marine fuel used for the generation of heat energy within the Republic of Lithuania, its territorial sea, exclusive economic zone, inland waters of the marine area and pollution control zones, except for:
4.1.1. gas oil, fuel oil and marine fuel used for research and tests;
4.1.2. gas oil, fuel oil and marine fuel used for recycling before burning;
4.1.3. gas oil, fuel oil and marine fuel used for recycling in oil refineries;
4.1.4. gas oil, fuel oil and marine fuel used in warships and other military ships, ensuring that the use of such ships will comply with the requirements of the Mandatory Quality Indicators to the extent reasonable and practicable;
4.1.5. any fuel, when its use on board is necessary in order to ensure the safety of the ship or rescue people at sea;
4.1.6. any fuel, when its use on board is necessary due to damage caused to the ship or its equipment, provided that, upon the occurrence of such damage, all the necessary steps were taken to prevent or reduce further emissions and repair the damage caused as fast as possible; this provision shall not be applied if the owner/master of the ship or the captain intended to cause damage or acted negligently;
4.2. petrol, diesel fuel, biofuel and fuel-biofuel mixtures and liquefied petroleum gas used in vehicles with internal combustion engines and non-road machinery; liquefied petroleum gas for utility purposes.
5. The Mandatory Quality Indicators shall not be applied to fuels contained in fuel tanks of the vehicles crossing the state border of the Republic of Lithuania and petroleum products and liquid fuels carried in transit via the Republic of Lithuania.
6. 6. In exceptional cases where the supply of petroleum or petroleum products has been disrupted, a permission may be given for a limited period not exceeding six months to use products that do not meet the limit values of the Mandatory Quality Indicators. In such cases, the decision shall be made by the Ministry of Environment of the Republic of Lithuania (hereinafter referred to as the “Ministry of Environment”) upon the proposal by the Ministry of Energy of the Republic of Lithuania (hereinafter referred to as the “Ministry of Energy”) and the Ministry of Transport and Communications of the Republic of Lithuania (hereinafter referred to as the “Ministry of Transport and Communications”) and after obtaining the permission of the European Commission.
7. Petrol and diesel fuel sold from state-owned stocks kept separately from commercial production stocks may contain a lower or zero amount of biofuels if the addition of the mandatory quantity of biofuels would violate the requirements of the Mandatory Quality Indicators. Such fuel can be realised in the domestic market only after having obtained a written consent of the Ministry of Energy.
SECTION II
THE USE OF FUEL OIL, GAS OIL, DIESEL FUEL, BIOFUELS, LIQUEFIED PETROLEUM GAS AND LIQUID FUELS
8. Fuel oil, gas oil, petrol, diesel fuel, biofuels, liquid fuels and liquefied petroleum gas that meet the quality requirements set out in Annex 1 to the Mandatory Quality Indicators may be used in the Republic of Lithuania.
9. Fuel sold in the domestic market must comply with the following composition and quality requirements:
9.1. RON 95 petrol must be produced using the additive bio ethyl tert-butyl ether (hereinafter referred to as “bio-ETBE”), which must make up at least 10 % but no more than 22 % of the petrol volume;
9.2. RON 95 petrol produced without bio-ETBE must have 5–10 % bioethanol by volume. The mandatory content of bioethanol in RON 95 petrol must be 5 % (tolerance ±0.5 %) by volume. The tolerance for bioethanol in the biofuel-fuel mixture may be ±0.5 % by volume;
Amendments to the item:
No. 1-275/D1-909/3-426, 13/11/2014, published in the Register of Legal Acts on 19/11/2014, ID 2014-17175
9.3. RON 98 petrol does not have to be mixed directly with bioethanol;
9.4. diesel fuel must contain 7 % biofuels (tolerance minus 0.5 %) by volume. During the winter period, Class 1 and 2 arctic diesels may contain no biofuels;
9.5. during 10–30 November and 1 March–10 April, biofuel content of diesel fuel may be lower than the mandatory limit, while the cold filter plugging point and the cloud point may be higher than the ones established for the respective diesel fuel class;
9.6. during May 1–20 and September 10–30, the maximum permitted vapour pressure in petrol may be among the maximum permitted, established for the mixed petrol classes for the warm and the cold seasons;
9.7. biofuel-fuel mixtures may be sold at fuel sales points/petrol stations, provided that the same sales point also sells petrol and/or diesel fuel that meets the requirements established in Sub-items 9.1–9.6 of the Mandatory Quality Indicators. When trading in biofuel-fuel mixtures and diesel fuel with biofuel content of more than 7 % by volume, information on the percentage of biofuels contained shall be provided to consumers in accordance with the procedure established in the Rules for Trading in Petroleum Products, approved by Order No. 1-346 of 14 December 2010 of the Minister of Energy of the Republic of Lithuania “On the Approval of the Rules for Trading in Petroleum Products”.