S.I. No. 143/2023 - National Oil Reserves Agency Act 2007 (Additional Certificates for Renewable Transport Fuel) Regulations 2023

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th April, 2023.

I, EAMON RYAN, Minister for Transport, in exercise of the powers conferred on me by section 44G(1B) of the National Oil Reserves Agency Act 2007 (No. 7 of 2007), hereby make the following regulations:

1. (1) These Regulations may be cited as the National Oil Reserves Agency Act 2007 (Additional Certificates for Renewable Transport Fuel) Regulations 2023.

(2) These Regulations shall come into operation on the 1^st day of April 2023.

2. The Agency may, in accordance with section 44G of the National Oil Reserves Agency Act 2007 , issue to an account holder on application to it by the account holder in accordance with that section –

(a) the additional certificates specified in Regulation 3 in respect of renewable transport fuel listed in Annex IX of the Directive or in relation to which the Agency has determined, in accordance with section 44G, as eligible renewable transport fuel, and

(b) the additional certificates specified in Regulation 4 in respect of renewable transport fuel not referred to in paragraph (a).

3. The following are the additional certificates referred to in Regulation 2(a):

(a) 1 additional certificate and a partial additional certificate equal to 40% of a certificate in respect of each megajoule of biomethane or biogas disposed of by the account holder, by sale or otherwise, in the road or rail sectors, or in non-road mobile machinery, in the State during the reporting period concerned;

(b) a partial additional certificate equal to 50% of a certificate in respect of each megajoule of hydrotreated vegetable oil or co-processed hydrotreated vegetable oil disposed of by the account holder, by sale or otherwise, in the road or rail sectors, or in non-road mobile machinery, in the State during the reporting period concerned;

(c) a partial additional certificate equal to 50% of a certificate in respect of each megajoule of renewable transport fuel known as category 1 animal by-product material (tallow) biodiesel – fatty acid methyl ester disposed of by the account holder, by sale or otherwise, in the road or rail sectors, or in non-road mobile machinery, in the State during the reporting period concerned;

(d) a partial additional certificate equal to 40% of a certificate in respect of each megajoule of renewable transport fuel disposed of by the account holder, by sale or otherwise, in the aviation sector in the State during the reporting period concerned;

(e) a partial additional certificate equal to 40% of a certificate in respect of each megajoule of renewable transport fuel disposed of by the account holder, by sale or otherwise, in the maritime sector in the State during the reporting period concerned.

4. The following are the additional certificates referred to in Regulation 2(b):

(a) 3 certificates in respect of each megajoule of renewable liquid and gaseous transport fuels of non-biological origin disposed of by the account holder, by sale or otherwise, in the road or rail sectors, or in non-road mobile machinery, in the State during the reporting period concerned;

(b) a partial additional certificate equal to 70% of a certificate in respect of each megajoule of biomethane or biogas disposed of by the account holder, by sale or otherwise, in the road or rail sectors, or in non-road mobile machinery, in the State during the reporting period concerned;

(c) a partial additional certificate equal to 25% of a certificate in respect of each megajoule of hydrotreated vegetable oil or co-processed hydrotreated vegetable oil disposed of by the account holder, by sale or otherwise, in the road or rail sectors, or in non-road mobile machinery, in the State during the reporting period concerned;

(d) a partial additional certificate equal to 25% of a certificate in respect of each megajoule of renewable transport fuel known as category 1 animal by-product material (tallow) biodiesel – fatty acid methyl ester disposed of by the account holder, by sale or otherwise, in the road or rail sectors, or in non-road mobile machinery, in the State during the reporting period concerned;

(e) a partial additional certificate equal to 20% of a certificate in respect of each megajoule of renewable transport fuel disposed of by the account holder, by sale or otherwise, in the aviation sector in the State during the reporting period concerned;

(f) a partial additional certificate equal to 20% of a certificate in respect of each megajoule disposed of by the account holder, by sale or otherwise, in the maritime sector in the State during the reporting period concerned.

5. In these regulations “account holder” means a renewable transport fuel obligation account holder.

GIVEN under my Official Seal,

31 March, 2023.

EAMON RYAN,

Minister for Transport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations authorise the National Oil Reserves Agency to issue additional renewable transport fuel obligation certificates to renewable transport fuel obligation account holders for the supply of specified renewable transport fuels, where those fuels are used for specific purposes or means of transport.