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FRENCH REPUBLIC The Ministry of the Environment, Energy and Marine Affairs, responsible for International Climate Relations NOR: […]
19 July 2018

DRAFT ORDER
Official Journal of the French Republic (JORF) No 0130 of 8 June 2018

on the characteristics of the gas oil and low-temperature gas oil referred to as gas oil B10
Text No 6

The Minister for the Environment, Energy and Marine Affairs, responsible for International Climate Relations, and the Minister for the Economy and Finance;
Order of 1 June 2018 amending the Order of 23 December 1999, as amended, on the characteristics of gas oil and low-temperature gas oil

Having regard to Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, and in particular Notification No 2016/XXX/F;
NOR: TRER1807855A

Having regard to Directive 2009/30/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 98/70/EC as regards the specification of petrol, diesel and gas-oil and introducing a mechanism to monitor and reduce greenhouse gas emissions and amending Council Directive 1999/32/EC as regards the specification of fuel used by inland waterway vessels and repealing Directive 93/12/EEC;
ELI:https://www.legifrance.gouv.fr/eli/arrete/2018/6/1/TRER1807855A/jo/texte

Having regard to the Energy Code, in particular Articles D641-4 to D641-11 thereof;
Public concerned: natural or legal persons providing fuels used for the propulsion of road vehicles, for consumption.

Having regard to the Order of 19 January 2016 on the list of fuels authorised under Article 265 ter of the Customs Code, as amended;
Purpose: to update certain technical specifications for gas oil and low-temperature gas oil fuels and update the standardised labelling on the volume meters delivering this fuel.

Having regard to the Order of 30 June 2010 on the characteristics of fatty acid methyl esters (FAMEs), as amended;
Entry into force: this order includes certain measures concerning undertakings and which fall within the scope of the deferred entry into force mechanism. This order shall enter into force on the day after its publication, with the exception of certain provisions of Article 5 and the provisions of Article 6, which shall enter into force on 12 October 2018.

Having regard to the Order of 23 December 1999 on the characteristics of gas oil and low-temperature gas oil, as amended;
Notice: Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure must be enacted into national law. The first and second paragraphs of Article 7 of this directive introduce information that has been standardised within the Union, concerning the compatibility of vehicles with the alternative fuels and energies offered by stations. It indicates that Member States should ensure that relevant, consistent and clear information is available concerning motor vehicles that can be regularly fuelled with the various fuels placed on the market. This information must be simple, easy to understand and affixed in a clearly visible way, notably at the fuelling points.

Having regard to the opinion of the French Technical Committee on the Use of Petroleum Products, issued on 14 June 2016,
References: the order enacts part of Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure. It may be consulted on the Légifrance website (http://www.legifrance.gouv.fr).

HEREBY ORDER
The Minister of State for the Ecological and Inclusive Transition, the Minister for Economy and Finance and the Minister for Public Action and Accounts,

Article 1
Having regard to Directive 2009/30/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 98/70/EC as regards the specification of petrol, diesel and gas oil and introducing a mechanism to monitor and reduce greenhouse gas emissions and amending Council Directive 1999/32/EC as regards the specification of fuel used by

‘Gas oil B10’ is the name given to a blend of gas oil or low-temperature gas oil, as defined in the aforementioned Order of 23 December 1999, as amended, and fatty acid methyl esters, as defined in the aforementioned Order of 30 June 2010, as amended. ‘Gas oil B10’ is intended to power compression ignition combustion engines and shall comply with the specifications laid down in Annex I.
inland waterway vessels and repealing Directive 93/12/EEC, as amended;

The characteristics of withstanding the cold of ‘gas oil B10’ and ‘low-temperature gas oil B10’ marketed or sold on national territory shall comply with the specifications laid down in Annex II.
Having regard to Directive (EU) 2014/94 of 22 October 2014 on the deployment of alternative fuels infrastructure;

The test methods and the interpretation of the measurement results concerning the specifications given in Annexes I and II shall be defined by a decision of the Director of Energy published in the Official Journal of the French Republic.
Having regard to Directive (EU) 2015/1535 of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services;

Article 2
Having regard to the Energy Code and in particular Articles D641-4 to D641-11 thereof;

Gas oil B10 may only be sold or held with a view to sale if it complies with the minimum requirements defined in Article 1 above or any other standard or specification in force in a Member State of the European Union or any other Member State of the European Economic Area, or Turkey, guaranteeing an equivalent level of quality for the same climate conditions.
Having regard to the Order of 23 December 1999 on the characteristics of gas oil and low-temperature gas oil, as amended;

Article 3
Having regard to the Order of 30 June 2010 on the characteristics of fatty acid methyl esters (FAME), as amended;

The procedures for selling gas oil B10 or for holding gas oil B10 with a view to sale shall be laid down by order.
Having regard to the Order of 19 January 2016, as amended, establishing the list of fuels authorised with regard to the provisions of Article 265 ter of the Customs Code;

Article 4
Having regard to the opinion of the technical Committee on the use of petroleum products dated 21 June 2017,

Derogations from the above specifications, duly justified in both technical and economic terms, may be granted for a limited duration by joint decision of the Minister for Energy and the Minister for Customs.
Hereby order:

Any such decision shall specify the ways in which users will be informed of said derogations.
Article 1

Article 5
Article 1 of the aforementioned amended Order of 23 December 1999 is replaced by the following provisions:

The vehicles that are compatible with gas oil B10 shall be specified by a decision of the Director of Energy published in the Official Journal of the French Republic.
‘Article 1. - Gas oil may only be held for sale or sold if it complies with the minimum requirements defined in Article 2 below or those of any other standard or specification in force in a Member State of the European Union, any other State in the European Economic Area or Turkey guaranteeing an equivalent level of quality for the same climatic conditions.’

Article 6
Article 2

Without prejudice to the provisions of Articles 1 and 2, the term ‘gas oil B10’ and the price of sale per litre shall be displayed on the dispensers in very clear indelible wording, at least 2 centimetres tall.
Article 2 of the aforementioned amended Order of 23 December 1999 is replaced by the following provisions:

When delivery is made in containers, the aforementioned term shall feature on them as soon as they are filled with a view to sale.
‘Article 2. - B7 gas oil is a mixture of mineral or synthesised hydrocarbons and, potentially, fatty acid methyl esters under the conditions provided for in the aforementioned amended Order of 30 June 2010, intended to supply compression-ignition combustion engines and meeting the following specifications:

The following information shall also be clearly displayed to consumers on the dispensing device or as close as possible thereto:
a) the technical characteristics comply with the requirements laid down in Annex I to this order;

‘This fuel contains from 0 to 10 % fatty acid methyl esters.’
b) concerning requirements dependent on climate conditions, the cold resistance

‘This fuel must only be used in compatible vehicles.
characteristics of gas oil offered for sale or sold on national territory comply with the provisions laid down in Annex II to this order;

Check the website of the Ministry of Energy or with your dealer.
c) no particular colourant shall be added to gas oil.’

If unsure, please use gas oil.’
Article 3

Article 7
Article 3 of the Order of 23 December 1999 on the characteristics of gas oil and low-temperature gas oil is replaced by the following provisions:

The Director-General for Energy and Climate, the Director-General for Customs and Excise and the Director-General for Competition Policy, Consumer Affairs and Fraud Control shall be responsible, each in their own area of competence, for the implementation of this order, which shall be published in the Official Journal of the French Republic.
‘Article 3. - ‘low-temperature gas oil’ means a gas oil that complies with the specifications defined in Article 2 above and whose cold resistance characteristics are covered by the provisions laid down in Annex II.’

Done in Paris,
Article 4

On behalf of the Minister for the Environment, Energy and Marine Affairs,
Article 4 of the Order of 23 December 1999 on the characteristics of gas oil and low-temperature gas oil is replaced by the following provisions:

On behalf of the Minister for the Economy and Finance,
‘Article 4. - The test methods and interpretation of the results of measurements concerning the specifications indicated in Annexes I and II shall be defined by decision of the director responsible for hydrocarbons published in the Official Journal of the French Republic.’

ANNEX I
Article 5

Technical characteristics of gas oil B10
Article 6 of the aforementioned amended Order of 23 December 1999 is replaced by the following provisions:

PROPERTIES UNIT LIMITS Min. Max. Measured cetane number 51.0 Calculated cetane number 46.0 Density (at 15 °C) kg/m³ 820.0 845.0 Polycyclic aromatic hydrocarbons % (m/m) - 8.0 Sulphur content mg/kg - 10.0 Manganese content mg/l 2.0 Flash point °C > 55.0 - Carbon residue (on the 10 % distillation residue) % (m/m) - 0.30 Ash content % (m/m) - 0.01 Water content mg/kg - 200 Total contamination mg/kg - 24 Copper corrosion (3 hours at 50 °C) Rating Class 1 Oxidation stability 1 g/m³ - 25 h 20 - Lubricity, corrected wear scar diameter (wsd 1.4) at 60 °C µm - 460 Viscosity at 40 °C mm²/s 2.000 4.500 Distillation: - % (v/v) evaporated at 250 °C; % (v/v) - <65 - % (v/v) evaporated at 350 °C; % (v/v) 85 - - point 95% (V/V) condensed at: °C - 360 Fatty acid methyl ester content compliant with the Order of 30 June 2010 on the characteristics of fatty acid methyl esters (FAMEs), as amended % (v/v) - 10.0
‘Article 6. - Without prejudice to the provisions of Article 2, the designation ‘gas oil’, as well as the sale price per litre must feature on the distribution device in very visible characters at least 2 centimetres high.

ANNEX II
Where delivery is made in receptacles, the aforementioned designation must appear on these receptacles as soon as they are filled for sale.

Cold-resistance characteristics
As of 12 October 2018, specific labelling, to which the height criterion mentioned in the first paragraph of this article shall not apply, must be clearly affixed to the distribution devices. The characteristics of this labelling are laid down in Annex III.’

SEASON DATE CLASS CFPP (C, max) Summer 1 April – 31 October B 0°C Winter 1 November – 31 March E -15°C Low-temperature diesel F - 20 °C CFPP: cold filter plugging point (test method: NF EN 116)
Article 6

As of 12 October 2018, Annex I of the aforementioned amended Order of 23 December 1999 is replaced by the following Annex:

‘ANNEX I

Technical characteristics

PROPERTIES UNIT LIMITS Min. Max. Measured cetane number 51.0 - Calculated cetane index 46.0 - Density (at 15 °C) kg/m³ 820.0 845.0 Polycyclic aromatic hydrocarbons % (m/m) - 8.0 Sulfur content mg/kg - 10.0 Manganese content mg/l - 2.0 Flash point °C > 55.0 - Carbon residues (on the 10% distillation residue) % (m/m) - 0.30 Ash content % (m/m) - 0.01 Water content mg/kg - 200 Total contamination mg/kg - 24 Copper strip corrosion (3 h at 50 °C) Rating Class 1 Oxidation stability g/m³ - 25 h 20 (1) - Lubricity, corrected wear scar diameter (WSD 1,4) at 60 °C µm - 460 Viscosity at 40 °C mm2/s 2.000 4.500 Distillation: -% (v/v) recovered at 250 °C; % (v/v) - < 65 -% (v/v) recovered at 350 °C; % (v/v) 85 - -95 % (V/V) recovered at: °C - 360 Fatty acid methyl ester content compliant with the Order of 30 June 2010 on the characteristics of fatty acid methyl esters (FAMEs), as amended % (v/v) - 7.0 (1) This is an additional specification for diesel fuels with a FAME content greater than 2 % (v/v).’.

Article 7

Annex II of the aforementioned amended Order of 23 December 1999 is replaced by the following Annex:

‘ANNEX II

Cold resistance characteristics in metropolitan France

Season Date Class Cold filter plugging point (°C, max.) Summer 1 April - 31 October B 0 °C Winter 1 November - 31 March E -15 °C Low-temperature gas oil 1 January - 31 December F -20 °C

Cold resistance characteristics in Guadeloupe, Guiana and Martinique

Date Class Cold filter plugging point (°C, max.) 1 January - 31 December B 0 °C

Cold resistance characteristics in Mayotte and in Réunion

Date Class Cold filter plugging point (°C, max.) 1 January - 31 December B 0 °C

Article 8

The aforementioned amended Order of 23 December 1999 is supplemented by Annex III to this order.

Article 9

This order shall enter into force on the day after its publication in the Official Journal of the French Republic, with the exception of certain provisions of Article 5 and the provisions of Article 6, which shall enter into force on 12 October 2018.

Article 10

The Director of energy, the Director-General for Competition Policy, Consumer Affairs and Fraud Control and the Director-General of customs and indirect taxation shall be responsible, each for their own area of competence, for the execution of this order, which shall be published in the Official Journal of the French Republic.

Annex

ANNEX III

SPECIFIC LABELLING TO BE AFFIXED TO THE DISTRIBUTION DEVICES

Specific labelling shall be clearly affixed to dispensers. This labelling is shown below and must be a minimum of 4 cm wide:

You can consult the entire text with its images in the authenticated electronic extract from the Official Journal that is accessible at the foot of the page

Specific labelling should also be affixed to the pistol of the distribution device. This is shown below and must be a minimum of 1.5 cm wide:

You can consult the entire text with its images in the authenticated electronic extract from the Official Journal that is accessible at the foot of the page

Done on 1 June 2018.

The Minister of State for the Ecological and Inclusive Transition,

For the Minister of State and by delegation:

The Director of energy,

V. Schwarz

The Minister for Economy and Finance,

For the Minister and by delegation: