Oil Emergency Contingency and Transfer of Renewable Transport Fuels Functions Act 2023
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Amendment of section 44G of Act of 2007 | ||
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10. Section 44G of the Act of 2007 is amended— | ||
(a) in subsection (1) — | ||
(i) in paragraph (a), by the substitution of “eligible,” for “eligible, and”, | ||
(ii) in paragraph (b), by the substitution of “fuel, and” for “fuels.”, and | ||
(iii) by the insertion of the following paragraph after paragraph (b): | ||
“(c) such additional certificates as the Minister may provide for by regulations made under subsection (1B).”, | ||
and | ||
(b) by the insertion of the following subsection after subsection (1A): | ||
“(1B) (a) The Minister for Transport may, from time to time, make regulations providing for the Agency to issue, in accordance with this section and notwithstanding subsection (1), on such terms and conditions as the Minister for Transport may specify, additional certificates in respect of renewable transport fuel. | ||
(b) Without prejudice to the generality of paragraph (a), regulations under that paragraph may: | ||
(i) specify a particular renewable transport fuel in respect of which an additional certificate or certificates may be issued by the Agency, and the number of certificates that may be issued, in respect of the renewable transport fuel concerned; | ||
(ii) to encourage renewable transport fuel obligation account holders to supply a particular renewable transport fuel for use in economic or transport sectors within the State specified in the regulations or for specific purposes or means of transport, provide that additional certificates may be issued where that renewable transport fuel is used within any of those sectors or for those specific purposes or means of transport. | ||
(c) Before making regulations under this subsection, the Minister for Transport shall— | ||
(i) consult with— | ||
(I) the Minister for Finance, | ||
(II) the Minister for Public Expenditure and Reform, | ||
(III) the Minister for the Environment, Climate and Communications, | ||
(IV) the Agency, | ||
(V) the Environmental Protection Agency, | ||
(VI) the National Standards Authority of Ireland, and | ||
(VII) Sustainable Energy Ireland — The Sustainable Energy Authority of Ireland, | ||
and may consult with such other persons as he or she considers appropriate, and | ||
(ii) publish, following consultation in accordance with subparagraph (i), on the website of the Department of Transport and by any other means as he or she considers appropriate, a draft of the proposed regulations inviting persons to make representations in writing to the Minister for Transport in relation to the proposed regulations within 28 days from the date of publication and consider any representations made to him or her. | ||
(d) The Minister for Transport may, having considered any representations made to him or her under paragraph (c)(ii), make the regulations with or without modification. | ||
(e) When making regulations under this subsection, the Minister for Transport shall have regard to the following: | ||
(i) the effect of such regulations on fuel prices in the State; | ||
(ii) the information submitted by the State to the European Commission pursuant to Article 30(3) of the Directive; | ||
(iii) the integrated national energy and climate plans and corresponding progress reports submitted by the State to the European Commission pursuant to Articles 3, 17 and 20 of Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 1 on the Governance of the Energy Union and Climate Action; | ||
(iv) carbon budgets prepared and approved under sections 6A and 6B respectively of the Climate Action and Low Carbon Development Act 2015 and sectoral emissions ceilings prepared and approved under section 6C of that Act, | ||
and may have regard to such other matters as he or she considers appropriate relating to the effects, if any, of increased consumption of renewable transport fuel in the State on economic activities in the State and on the environment.”. | ||