Friday 27 July 2007

Illegal in France

In France, it is illegal to run a car on vegetable oil. People have been arrested for it, although I have not heard of any convictions. It is unclear what the penalty is in french law, but it is clear that it is illegal. Apparently, the french government is planning to change the law to make it clear that only farmers and village communities can use vegetable oil as a fuel, and only under certain conditions.

French customs officials vary in their approach to the issue and many people seem to get past them without problems, including one person who crosses from Switzerland to France every day - he says they don't stop him because he has Swiss number plates, though this doesn't make it legal. On the other hand, I have read an account from someone who recently had problems getting through customs from the UK to France. Their vehicle was capable of running on vegetable oil or diesel oil and they had to convince the officials that they would be using diesel oil in France.

So it is clear that for any private car to use vegetable oil in France is illegal, but it isn't clear what the penalty is, or whether foreign cars can get away with breaking the law.

Most vegetable oil cars should also be able to run on biodiesel, which is legal in France, although it isn't as good for the environment.

Austria

Pure vegetable oil (or Reines Pflanzenöl, as they call it in German) is totally legal and tax free in Austria.
The Mineral Oil Tax Law (BGBl. I No 180/2004) was amended by the Tax Amendment Law of 30 December 2004, making Pure biofuels completely exempt from mineral oil tax.

More information can be found (in English) in this report:
http://www.ebb-eu.org/legis/AUSTRIA_2nd%20report%20Dir2003_30_at_report_EN.pdf

Using waste vegetable oil is also legal, but collecting it is not. It is legal to drive into Austria with a tank full of WVO and filling up with SVO in Austria, but you must not collect WVO while you are in the country.

This law on waste oils is covered by section 16 of the 2002 Abfallwirtschaftsgesetz (refuse economy law) and it carries hefty fines. If you understand german, you can read the full law here: http://portal.tugraz.at/pls/portal/docs/page/Files/Services/gut/files/abfallwirtschaft/AWG%202002%20idF%2013-8-05.pdf
The most important section for WVO is this:
(6) Altspeisefette und -öle sind getrennt zu sammeln und einemberechtigten Abfallsammler oder -behandler zu übergeben.Altspeisefette und -öle sind einer Verwertung zuzuführen, soferndies ökologisch zweckmäßig und technisch möglich ist und dies nichtmit unverhältnismäßigen Kosten verbunden ist.

Thank you to soizbuag on youtube.com for sending me this information.

Monday 16 July 2007

Transporting vegetable oil across borders

If you are travelling around Europe using the power of straight vegetable oil, it is likely that you will transport some of the oil across national borders (e.g. in your fuel tank). Customs rules apply at each border. Additional rules may apply to waste vegetable oil, because it is a waste product.

This page from the Europa website gives the SVO situation in the EU: http://europa.eu/travel/shop/index_en.htm
It seems you can transport as much vegetable oil as you wish between EU countries, as long as it is for personal use. It doesn't say that personal use can't include putting it into your fuel tank, assuming it is legal in your destination country.
The Europa website also says you can import other goods (e.g. vegetable oil) into the EU as long as the goods are for personal use and not worth more than €300.

Note that customs rules are not symmetrical - i.e. the rule for transporting SVO from the EU into Switzerland is not necessarily the same as for transporting it from Switzerland into the EU. I have been told that you can only import 2 litres of vegetable oil into Switzerland at a time.

Wednesday 11 July 2007

Law in the United Kingdom

Firstly, I should point out that we are not lawyers and you should check for yourself before depending on this information.

If you are using straight vegetable oil as a fuel, or producing it for others to use as a fuel, you should read this HMRC brief:
http://www.hmrc.gov.uk/briefs/excise-duty/brief4307.htm

If you use/produce less than 2500 litres of vegetable oil per year, then you should not need to register with HMRC or pay any duty on the oil, but you will need to keep some records: You should record the date of production and quantity produced in litres.

Larger users/producers will need to "make entry" by sending in a form EX103. You will need to keep records and pay their duty every month or quarter using form HO930. It is not clear to me whether larger producers should be paying the rate of tax for sulphur-free diesel or the reduced rate for biodiesel. HMRC seem to think you should pay the higher rate, but most people seem to believe that the lower rate applies. The answer seems to boil down to a simple chemistry question about the ester content of vegetable oil, but I have not yet seen a convincing answer either way. Before 30th June, this procedure applied to all users of vegetable oil as a fuel, so I made entry and paid duty on the fuel I was using. Because of the uncertainty, I paid the higher rate of 48.35p per litre, rather than the biodiesel rate of 28.35p per litre. Making entry is free and relatively fast - It took just over a week.

If you are using waste vegetable oil, all of the above applies, plus you will need to check that you can legally use waste oil.

If you are dealing with waste oil from other people or businesses located in England or Wales, you must register with the Environment Agency. Their website is http://www.environment-agency.gov.uk/. Registering involves a fairly long form and currently costs £149 for the first three years, plus an extra £5 if you want a plastic card. The process takes about two months. Once you are registered, you can collect and use waste oil as long as you keep records and dispose of the waste in an environmentally friendly manner.

If you are dealing with waste oil in Scotland, you need to register with the Scottish Environment Protection Agency. Their website is http//www.sepa.org.uk. In Northern Ireland, the appropriate body is the Hazardous Waste/TFS Section of the Land and Resource Management Unit, Environment and Heritage Service. Their phone number is 028 90569313.

If you are using your own waste vegetable oil, rather than collecting waste from other people, you may not need to register as a waste carrier, but please check with the appropriate Agency.