S.I. No. 426/2014 - European Union (Energy Efficiency) Regulations 2014
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
4 amending acts · 2022-12-09, S.I. No. 630/2022 - European Union (Energy Efficiency) (Amendment) Regulations 2022
- (9) A supplier may use a guarantee of origin as proof of the share or quantity of energy from high efficiency combined heat and power for the purposes of compliance with the requirements of Regulation 25 of the Internal Market Regulations.
Eligibility and characteristics of a guarantee of origin
- (10) A guarantee of origin shall be of the standard size of one megawatt hour (in this Regulation referred to as a “unit”) and it shall relate to the net electricity output measured at the station boundary and exported to the grid.
- (11) No more than one guarantee of origin shall be issued in respect of each unit of electricity from high efficiency combined heat and power.
- (12) The same unit of electricity from high efficiency combined heat and power shall be taken into account only once.
- (13) Any use of the guarantee of origin shall take place within 12 months of the generation of the corresponding unit of electricity from high efficiency combined heat and power.
- (14) A guarantee of origin shall be cancelled once it has been used.
- (15) A guarantee of origin shall specify at least—
- (a) the identity, location, type and capacity (thermal and electrical) of the installation where the energy was produced,
- (b) the dates of production,
- (c) the lower calorific value of the fuel source from which the electricity was produced,
- (d) the quantity and the use of the heat generated together with the electricity,
- (e) the quantity of electricity from high-efficiency cogeneration that the guarantee represents,
- (f) the primary energy savings,
- (g) the nominal electric and thermal efficiency of the plant,
- (h) whether, and to what extent, the installation has benefited from investment support,
- (i) whether, and to what extent, the unit of energy has benefited in any other way from a national support scheme, and the type of support scheme,
- (j) the date on which the installation became operational, and
- (k) the date and country of issue and a unique identification number.
Request for issue of guarantee of origin and information required
- (16) A guarantee of origin shall be issued by the SEMO in response to a request from a generator of electricity from high efficiency combined heat and power.
- (17) A guarantee of origin may not be requested by a producer of electricity from combined heat and power for electricity generated outside the State.
- (18) A request for the issuance of a guarantee of origin shall not be considered properly made by a producer of electricity from combined heat and power until the SEMO has been provided with at least the following information from the applicant:
- (a) the lower calorific value of the fuel source from which the electricity was produced;
- (b) the start and end dates of generation covered by the request;
- (c) the name, address, location, type and capacity of the generating station where the energy was generated;
- (d) whether, and to what extent, the generating station has benefited from investment support;
- (e) whether, and to what extent, the unit of energy has benefited in any other way from a support scheme, and the type of support scheme;
- (f) the date on which the generating station became operational;
- (g) the quantity and the use of the heat generated together with the electricity.
- (19) The SEMO may request further information from a producer of electricity from combined heat and power for the purpose of determining eligibility for the guarantee of origin and ascertaining the accuracy of the information submitted in accordance with paragraph (18).
- (20) The SEMO shall, in accordance with the supervisory framework, establish an electronic register of issued guarantees of origin which shall include, at a minimum, the following information:
- (a) the date of issue of the guarantee of origin;
- (b) the name and address (if a body corporate, its registered place of business) of the person to whom the guarantee has been, or was originally, issued;
- (c) a unique identification number for each guarantee of origin;
- (d) the energy source or sources from which the electricity to which the guarantee of origin relates was generated;
- (e) the start and end dates of generation to which the guarantee of origin relates;
- (f) the type and capacity of the generating station where the energy was generated to which the guarantee of origin relates;
- (g) where the guarantee of origin has been transferred, the name and address (if a body corporate, its registered place of business) of the last person to whom it has been transferred;
- (h) a list of any guarantees of origin revoked under paragraph (22).
- (21) The SEMO may refuse a request for a guarantee of origin where—
- (a) it is not satisfied that the requester is a generator of electricity from high efficiency combined heat and power, or
- (b) the application is incomplete or ineligible.
Revocation of a guarantee of origin
- (22) The SEMO, after consulting with the CER, may revoke a guarantee of origin where it is satisfied—
- (a) that the information provided in accordance with Regulations 18 and 19 is substantively incorrect,
- (b) that the guarantee of origin was issued on the basis of any fraudulent behaviour, statement or undertaking, or
- (c) for another stated reason that the guarantee of origin should not have been issued, is inaccurate or was issued to the wrong person.
- (23) The SEMO shall give notice in writing as soon as is practicable to a holder of a guarantee of origin that it has been revoked.
Recognition of guarantees of origin
- (24) The supervisory framework established by the CER shall provide for the recognition of guarantees of origin issued by other Member States in accordance with Article 14(10).
- (25) The SEMO, acting in accordance with the supervisory framework may refuse to recognise a guarantee of origin issued by another Member State only where it has formed a reasoned opinion about the accuracy, reliability or veracity of the guarantee of origin and in such a case shall notify the Minister and the European Commission in writing of such a refusal and its justification.
Recoupment of costs
- (26) The issuance, transfer, or cancellation of a guarantee of origin under these Regulations may be accompanied by such reasonable and proportionate fee, if any, as is determined appropriate by the SEMO and approved by the CER to cover administrative costs.
- (27) The SEMO shall make information on fees publicly available on its website.
Support scheme for combined heat and power
- (28) A support scheme for combined heat and power shall only be available to high efficiency combined heat and power generating stations. The rules governing any such scheme shall be made public.
PART 6 ENERGY TRANSFORMATION, TRANSMISSION AND DISTRIBUTION
National assessment of energy efficiency potential of electricity and gas transmission and distribution systems
(1) The CER shall direct the transmission and distribution system operators to, not later than 30 June 2015, undertake an assessment of the energy efficiency potential of the electricity and gas transmission and distribution systems in the State and submit such assessments to the CER.
- (2) The assessment under paragraph (1) shall include an evaluation of—
- (a) transmission of energy,
- (b) distribution of energy,
- (c) load management and interoperability, and
- (d) connection to electricity generating stations, which shall include an examination of the potential for access by micro energy generators.
- (3) Measures and investments for the introduction of cost-effective energy efficiency improvements to the electricity system shall be identified.
- (4) Measures and investments identified under paragraph (3) shall be accompanied by a timetable for their introduction.
- (5) To enable it to discharge its functions under this Regulation, the CER may request energy undertakings to provide to it statistical and other information including such detail and in such format as the CER may specify. Energy undertakings shall comply with any such request.
Energy efficiency incentives
(1) In carrying out its functions under the Electricity Market Directive and the Natural Gas Market Directive, the CER shall have regard to energy efficiency in making decisions on the operation of the electricity and natural gas systems.
- (2) In performing its functions regarding the development of electricity transmission and distribution tariffs and rules pursuant to the Electricity Market Directive in the context of the continuing deployment of smart grids, the CER shall provide incentives to the electricity transmission and distribution system operators to make system services available to electricity users which allow the implementation of energy efficiency improvement measures.
- (3) With regard to electricity the CER shall—
- (a) promote demand side resources, including demand response, to participate in the wholesale and retail markets, and
- (b) subject to technical constraints inherent in managing the electricity system, promote access to and participation of demand response in balancing, reserve and other system services markets.
Amendment of Act of 1999
The Act of 1999 is amended by substituting for section 9 L (inserted by section 9 of the Energy (Miscellaneous Provisions) Act 2012 (No. 3 of 2012)) the following:
“Energy efficient tariffs
9L. The Commission shall, through licence conditions, place a requirement on energy undertakings to ensure that tariffs do not create incentives that may unnecessarily increase the volume of distributed or transmitted energy.”.
Energy efficiency, electricity network tariffs and regulation
(1) Pursuant to its functions under Regulation 28(2), the CER shall ensure that—
- (a) electricity transmission and distribution tariffs shall be reflective of cost savings achieved in the electricity system arising from demand-side and demand-response measures and distributed generation, and
- (b) cost savings under paragraph (a) shall include savings from lowering the cost of delivery or of network investment and more optimal operation of the system.
- (2) Electricity network tariffs, the trading and settlement code, or any scheme approved by the CER, shall not prevent the transmission system operator, the distribution system operator or an electricity supplier making system services available for demand response measures, demand management and distributed generation on organised electricity markets, in particular:
- (a) the shifting of load by final customers from peak to off-peak times taking into account the availability of renewable energy, energy from cogeneration and distributed generation;
- (b) energy savings from demand response of distributed consumers by aggregators;
- (c) demand reduction from energy efficiency measures undertaken by energy suppliers;
- (d) the connection and dispatch of generation at lower voltage levels;
- (e) the connection of generation sources from locations closer to the consumption;
- (f) the storage of energy.
- (3) The provision of incentives to electricity transmission and distribution operators to make system services available to network users permitting the implementation of efficiency improvement measures under Regulation 28(2) shall—
- (a) be subject to an assessment of the costs and benefits of each, and
- (b) not adversely impact on the security of the system.
- (4) Electricity transmission, distribution and retail tariffs may support dynamic pricing for demand response measures by final customers, including—
- (a) time-of-use tariffs,
- (b) critical peak pricing,
- (c) real time pricing, and
- (d) peak time rebates.
- (5) In this Regulation “trading and settlement code” means the Single Electricity Market Trading and Settlement Code established under section 9BA(1) of the Act of 1999 and designated by the CER under the Electricity Regulation Act 1999 (Single Electricity Market) Regulations 2007 ( S.I. No. 406 of 2007 ).
Commission to ensure removal of tariff incentives that are detrimental to efficiency
In carrying out its functions under Regulation 30, without prejudice to its statutory functions, the CER shall ensure with regard to electricity that—
- (a) transmission and distribution system operators are incentivised to improve efficiency in transmission system and distribution system design and operation,
- (b) pursuant to the Electricity Market Directive and subject to regulatory arrangements, transmission, distribution and retail tariffs allow network users to improve participation in system efficiency, including demand response,
- (c) any incentives—
- (i) in transmission and distribution tariffs which are, in the opinion of the CER, detrimental to the overall efficiency, including energy efficiency, of the generation, transmission, distribution and supply of electricity, or
- (ii) which could, in the opinion of the CER, hinder participation of demand response in balancing markets and ancillary services procurement are removed, and
- (d) any transmission and distribution tariffs as may be approved and fixed by the CER shall not include detrimental incentives listed at paragraph (c).
Demand response functions
(1) In carrying out its functions under Regulation 28(3)(b) to promote access to and participation of demand response in balancing, reserve and other system services markets, the CER shall, subject to technical constraints in regulating the electricity system define technical rules and specifications for participation in balancing, reserve and other system services markets.
- (2) Technical rules and specifications under paragraph (1) shall be—
- (a) defined on the basis of the technical requirements of these markets and the capabilities of demand response, and
- (b) specifications under paragraph (1) shall include the participation of aggregators.
- (3) The CER may, where it considers it appropriate, direct the electricity transmission system operator or the electricity distribution system operator in close consultation with demand service providers and generators, to define, subject to the approval of the CER, technical rules and specifications for participation in balancing, reserve and other system services markets.
Approval of schemes and tariff structures with a social aim
(1) In discharging its functions in regulating the electricity and natural gas markets, the CER may approve components of schemes and tariff structures with a social aim for natural gas and electricity delivered through the transmission and distribution systems.
- (2) Any approvals as may be issued under paragraph (1) shall be subject to any disruptive effects on the transmission and distribution systems being kept to the minimum and not being disproportionate to the social aim.
Amendment of European Communities (Internal Market in Electricity) Regulations 2000
The European Communities (Internal Market in Electricity) Regulations 2000 ( S.I. No. 445 of 2000 ) are amended—
- (a) in Regulation 8(1) (as amended by Regulation 6 of the Regulations of 2005)—
- (i) in subparagraph (h), by substituting “Regulations;” for “Regulations; and”,
- (ii) in subparagraph (i), by substituting “system;” for “system.”, and
- (iii) by inserting after subparagraph (i) the following:
“(j) to offer terms and enter into agreements, where appropriate, for the connection of high-efficiency combined heat and power generating stations to the grid and to provide easily understood standardised procedures in respect of the connection of such producers to the grid;
(k) in the context of the continuing integration of renewable generation and the deployment of smart grids, to make system services available to network users. Such system services shall take account of the costs and benefits of each measure and shall not adversely impact on the security of supply of the system;
(l) subject to technical constraints in managing the electricity system—
(i) in meeting requirements for balancing and ancillary services, to treat demand side resource providers, including aggregators, in a non-discriminatory manner, on the basis of their technical capabilities,
(ii) to promote access to and participation of demand response in balancing, reserve and other system services provision including, where the Commission so determines, to define in close cooperation with demand service providers and consumers, technical rules and specifications for participation in balancing, reserve and other system services markets, and
(iii) to provide that specifications under clause (ii) shall include the participation of aggregators.”,
- (b) by inserting after Regulation 8(1)(A) (inserted by Regulation 6(2) of the Regulations of 2005) the following:
“(1B) Any system services made available by the transmission system operator under paragraph (1)(k)—
(i) shall be approved by the Commission,
(ii) shall take account of the costs and benefits of each measure, and
(iii) shall not adversely impact on the security of supply of the system.
(1B) Technical rules and specifications under paragraph (1)(l)(ii) shall be defined on the basis of the technical requirements for participation in balancing, reserve and other system services markets and the capabilities of demand response.”,
- (c) in Regulation 8(2), by inserting after paragraph (9) the following:
- “(10) In discharging its functions under sections 34 and 35 of the Act of 1999 in regard to applications for connection to the transmission system from new producers of electricity from high efficiency combined heat and power generating stations, the transmission system operator shall, taking account of all reasonably practicable considerations and applying non-discriminatory criteria endeavour to complete the grid connection application process within 24 months of a direction from the Commission.”,
- (d) in Regulation 22(2) (as amended by Regulation 10 of the Regulations of 2005)—
- (i) in subparagraph (f), by substituting “distribution system,” for “distribution system and”,
- (ii) in subparagraph (i), by substituting “Regulations 2005 ( S.I. No. 60 of 2005 ),” for “Regulations 2005, and”,
- (iii) in subparagraph (j), by substituting “supplier;” for “suppliers.”,
and,
- (iv) by inserting after subparagraph (j) the following:
“(k) with the objective of facilitating the connection of distributed high-efficiency combined heat and power generating stations to the grid, provide easily understood standardised procedures for the connection of such producers to the grid,
(l) in the context of the continuing integration of renewable generation and deployment of smart grids, make system services available to the holders of licences under section 14(1)(a) of the Act of 1999 and such system services shall take account of the costs and benefits of each measure and shall not adversely impact on the security of supply of the system, and
(m) subject to any technical constraints inherent in managing the electricity system—
(i) in meeting requirements for balancing and ancillary services, treat demand side resource providers, including aggregators, in a non-discriminatory manner, on the basis of their technical capabilities,
(ii) promote access to and participation of demand response in balancing, reserve and other system services markets including, where the Commission so determines, defining in close cooperation with demand service providers and consumers, technical rules and specifications for participation in balancing reserve and other system services markets, and
(iii) provide that specifications referred to in Regulation (34)(a)(j)(ii) shall include the participation of aggregators.”,
- (e) by inserting after Regulation 22(2) the following:
“(2A) Any system services made available by the distribution system operator under paragraph (2)(l) shall be subject to the agreement of the transmission system operator and the approval of the Commission and shall—
(i) take account of the costs and benefits of each measure, and
(ii) not adversely impact on the security of supply of the system.
(2B) Technical rules and specifications under paragraph (2)(m)(ii) shall be defined on the basis of the technical requirements for participation in balancing, reserve and other system services markets and the capabilities of demand response.”,
and
- (f) in Regulation 22, by inserting after paragraph (7) (inserted by Regulation 10(d) of the Regulations of 2005) the following:
- “(8) In discharging its functions under sections 34 and 35 of the Act of 1999, in regard to applications for connection to the distribution system by new producers of electricity produced from high efficiency cogeneration, the distribution system operator shall, taking account of all reasonably practicable considerations, and applying non-discriminatory criteria, endeavour to complete the grid connection application process within 24 months of a direction from the Commission.”.
Combined heat and power in transmission and distribution systems
(1) Where the CER calculates and certifies the actual power to heat ratio of a combined heat and power generating station in accordance with section 7 (inserted by section 6(b) of the Act of 2006) of the Act of 1999, the CER shall also—
- (a) calculate the relative amount of primary energy savings for that combined heat and power generating station in accordance with section 7(5) of the Act of 1999,
- (b) based on the calculation referred to in paragraph (a) include a statement in the certificate as to whether the combined heat and power generating station produces high efficiency combined heat and power, and
- (c) ensure that the transmission system operator or distribution system operator concerned is provided with a copy of the certificate or any amendment to the certificate.
- (2) Without prejudice to Regulation 4 of European Communities (Renewable Energy) Regulations 2011 ( S.I. No. 147 of 2011 ), taking into account Article 15 of the Electricity Market Directive, the transmission system operator and distribution system operator—
- (a) shall ensure that electricity generated from high-efficiency combined heat and power may be transmitted and distributed,
- (b) provide priority access to the grid of electricity from high efficiency combined heat and power, and
- (c) when dispatching generating units, the transmission system operator shall give priority to high-efficiency combined heat and power units in so far as the secure operation of the electricity system permits.
- (3) Compliance with paragraph (2) shall take into account the need to ensure continuity in heat supply.
- (4) Compliance with paragraphs (2) and (3) shall be at all times subject to the maintenance of the reliability and safety of the grid and based on transparent and non-discriminatory criteria where defined and published by the CER.
- (5) The transmission system operator and distribution system operator shall, where appropriate, determine and ensure that high efficiency combined heat and power units can offer balancing services and ancillary services at the level of the transmission system operator or the distribution system operator.
- (6) The determination in paragraph (5) should ensure—
- (a) balancing services and ancillary services from high efficiency combined heat and power units are subject to—
- (i) the requirements relating to maintenance of the reliability and safety of the grid, and
- (ii) the technical and economic feasibility with the mode of operation of the high efficiency combined heat and power unit, and
- (b) the services are part of a services bidding process which is transparent, non-discriminatory and open to scrutiny.
- (7) The transmission system operator and distribution system operator shall make recommendations to the CER based on their determinations made under paragraph (5).
- (8) The CER shall assess the recommendations made under paragraph (7) and based on this assessment direct the transmission system operator and the distribution system operator to undertake any measures it deems appropriate.
Reporting under Industrial Emissions Directive
(1) When reporting under Directive 2010/75/EU of the European Parliament and of the Council of 24 November 20108 , and without prejudice to Article 9(2) of that Directive, the Environmental Protection Agency shall consider including information on energy efficiency levels of installations undertaking the combustion of fuels with total rated thermal input of 50 MW or more in the light of the relevant best available techniques developed in accordance with that Directive and Directive 2008/1/EC of the European Parliament and of the Council of 15 January 20089 .
- (2) The Environmental Protection Agency may encourage operators of installations referred to in paragraph (1) to improve their annual average net operational rates.
PART 7 ENERGY EFFICIENCY INFORMATION, SERVICES, INCENTIVES AND FINANCING
Information and training
(1) The SEAI shall—
- (a) ensure that information on available energy efficiency mechanisms and financial and legal frameworks is transparent and widely disseminated to all relevant market actors, such as consumers, builders, architects, engineers, environmental and energy auditors, and installers of building elements as defined in Directive 2010/31/EU, and
- (b) encourage the provision of information to banks and other financial institutions on possibilities of participating, including through the creation of public/private partnerships, in the financing of energy efficiency improvement measures.
- (2) The SEAI shall establish appropriate conditions for market operators to provide adequate and targeted information and advice to energy consumers on energy efficiency.
- (3) The SEAI shall, with the participation of other public or private stakeholders, promote suitable information, awareness-raising and training initiatives to inform citizens of the benefits and practicalities of taking energy efficiency improvement measures.
Consumer information
(1) In order to promote and facilitate behavioural change that may improve efficient use of energy by small energy customers, including domestic customers, the SEAI shall, as appropriate, implement a range of measures that may include one or more of the following:
- (a) fiscal incentives;
- (b) access to finance, grants or subsidies;
- (c) information provision;
- (d) exemplary projects;
- (e) workplace activities.
- (2) The CER may, in carrying out its functions under Regulations 18 and 19, during rollout of smart metering systems, take appropriate measures to regularly engage final customers and the public, including consumer organisations, through the communication of the following:
- (a) cost-effective and easy-to-achieve changes in energy use;
- (b) information on energy efficiency measures;
- (c) the consumer benefits of smart metering systems.
- (3) Without prejudice to the generality of the foregoing, the CER may direct distribution system operators or energy suppliers to engage in, either on its own or in concert with any other distribution system operators and energy suppliers, campaigns supporting the roll out of smart metering systems and facilitating behavioural change that may improve efficient use of energy and distribution system operators and energy suppliers shall comply with such direction.
Energy services
(1) The SEAI shall promote the energy services market and access for SMEs to this market by—
- (a) disseminating clear and easily accessible information on—
- (i) available energy service contracts and clauses that should be included in such contracts to guarantee energy savings and final customers’ rights, and
- (ii) financial instruments, incentives, grants and loans to support energy efficiency service projects;
- (b) encouraging the development of quality labels, inter alia, by trade associations;
- (c) making publicly available and regularly updating a list of available energy services providers who are qualified or certified along with their qualifications or certifications in accordance with Article 16, or providing an interface where energy services providers can provide information;
- (d) supporting the public sector in taking up energy service offers, in particular for building refurbishment, by—
- (i) providing model contracts for energy performance contracting which include at least the items listed in Annex XIII,
- (ii) providing information on best practices for energy performance contracting, including, if available, cost- benefit analysis using a life-cycle approach, and
- (iii) examining and advising the Minister if there are regulatory and non-regulatory barriers that impede the uptake of energy performance contracting and other energy efficiency service models for the identification or implementation of energy saving measures;
- (e) undertaking a qualitative review by 30 June 2015 regarding the current and future development of the energy services market which will inform future versions of the National Energy Efficiency Action Plan.
- (2) The SEAI shall support the proper functioning of the energy services market, where appropriate, by—
- (a) identifying and publicising points of contact where final customers can obtain the information referred to in paragraph (1), and
- (b) enabling independent market intermediaries to play a role in stimulating market development on the demand and supply sides.
- (3) Energy distributors, energy suppliers, distribution system operators and retail energy sales companies shall refrain from any activities that may impede the demand for and delivery of energy services or other energy efficiency improvement measures, or hinder the development of markets for such services or measures, including foreclosing the market for competitors or abusing dominant positions.
- (4) If the CER is of the opinion that an energy supplier or distribution system operator has contravened, or has failed to comply with, paragraph (3), it may apply to the High Court for a compliance order against the energy supplier or distribution system operator.
- (5) If the Minister is of the opinion that an energy distributor, retail energy sales company or an energy supplier, not licensed by the CER under section 16(1)(d) of the Act of 2002 or under section 14(1)(b) or (h) of the Act of 1999, has contravened or has failed to comply with paragraph (3), he or she may apply to the High Court for a compliance order against the energy distributor or retail energy sales company or energy supplier.
- (6) An application under this Regulation shall be in writing and shall specify the acts or omissions that, in the CER’s opinion or the Minister’s opinion, constitute or would constitute the contravention or failure to comply.
- (7) An application under this Regulation may not be heard unless the High Court is satisfied that the energy distributor, energy supplier, distribution system operator or retail energy sales company concerned has been served with a copy of the application. On being served with a copy of the application, that distributor, supplier, operator or sales company becomes the respondent to the application and is entitled to appear and be heard at the hearing of the application.
- (8) The High Court may, as it thinks fit, on the hearing of the application referred to in paragraph (6) make an order compelling compliance with paragraph (3) or direction or refuse the application. An order of the High Court compelling compliance may stipulate that paragraph (3) shall be complied with immediately or may specify a reasonable time limit for compliance and may also stipulate appropriate and proportionate measures aimed at ensuring compliance.
Split incentives
(1) The Minister, the Minister for the Environment, Community and Local Government and the SEAI, shall evaluate and if necessary take appropriate measures to remove regulatory and non-regulatory barriers to energy efficiency, without prejudice to the basic principles of property and tenancy law, in particular as regards the split of incentives between the owner and the tenant of a building or among owners.
- (2) Measures referred to in paragraph (1) should be undertaken with a view to ensuring that these parties are not deterred from making efficiency-improving investments that they would otherwise have made by the fact that they will not individually obtain the full benefits or by the absence of rules for dividing the costs and benefits between them, including national rules and measures regulating decision-making processes in multi-owner properties.
- (3) In relation to public purchasing and annual budgeting and accounting, the Minister and the Minister for Public Expenditure and Reform, in conjunction with the Office of Government Procurement, shall evaluate and if necessary take appropriate measures to remove regulatory and non-regulatory barriers to energy efficiency, in particular as regards legal and regulatory provisions and administrative practices.
- (4) Measures referred to in paragraph (3) should be undertaken with a view to ensuring that individual public bodies are not deterred from making investments in improving energy efficiency and minimising expected life-cycle costs and from using energy performance contracting and other third-party financing mechanisms on a long-term contractual basis.
- (5) Measures as referred to in paragraphs (1) and (3) may include the provision of incentives, repealing or amending legal or regulatory provisions, or adopting guidelines and interpretative communications, or simplifying administrative procedures. The measures may be combined with the provision of education, training and specific information and technical assistance on energy efficiency.
- (6) The evaluation of barriers and measures referred to in paragraphs (1) and (3) shall be notified to the European Commission in the first National Energy Efficiency Action Plan referred to in Article 24(2).
Energy efficiency financing
The SEAI shall facilitate the establishment of financing facilities, or use of existing ones, for energy efficiency improvement measures to maximise the benefits of multiple streams of financing and in accordance with Regulation 22(1)(b).
Conversion factors
(1) The SEAI shall, as appropriate, collate data on or measure, verify or estimate, the cumulative energy savings within the State attributable to energy efficiency improvement measures or energy services, arising directly or indirectly from the actions of the State and shall report to the Minister on these savings as soon as may be each year from the above date until and including 2020.
- (2) In complying with its obligations under paragraph (1), the SEAI shall have regard to the conversion factors set out in Annex IV, unless in its view other conversion factors are more appropriate.
- (3) Where conversion factors, other than those specified in Annex IV are used by the SEAI, this shall be noted in the report referred to in paragraph (1).
Calculation and certification of power to heat ratios by CER
The CER is appointed to calculate and certify the actual power to heat ratios of the cogeneration technologies specified in Part II of Annex I.
Reporting by SEAI
For the purposes of complying with Regulations 4, to 7, 9, 11, to 17, 21, 23, and 37, to 42 the SEAI shall report on progress to the Minister as often and in whatever form he or she may request.
Revocations
The following are revoked:
- (a) the European Communities (Energy End-Use Efficiency and Energy Services) Regulations 2009 ( S.I. No. 542 of 2009 );
- (b) the Electricity Regulation Act 1999 (Appointment of Person to Calculate Power to Heat Ratios of Combined Heat and Power Units) Order 2009 ( S.I. No. 299 of 2009 );
- (c) Regulations 2 and 3 of European Communities (High Efficiency Combined Heat and Power) Regulations 2009 ( S.I. No. 499 of 2009 ).
GIVEN under my Official Seal,
29 September 2014.
ALEX WHITE,
Minister for Communications, Energy and Natural Resources.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations transpose into Irish law Directive 2012/27/EU on Energy Efficiency. The Regulations:
- • set out a range of obligations on public bodies relating to the efficient use of energy so that the public sector will demonstrate an exemplar role, including in the areas of energy audits, energy efficient public procurement and purchase or lease of energy efficient buildings,
- • require the publication of minimum criteria for energy audits and the establishment of a National Registration Scheme for the registration of energy auditors, in order to maintain the highest standards in the conduct of audits and foster a high level of confidence among users of energy audits,
- • require that an assessment of the availability of qualification, accreditation and certification schemes for energy audits be undertaken,
- • lay out specific requirements around metering and billing for energy users, including requirements regarding the roll-out of individual meters or smart metering systems, time-of-use tariffing and free billing for energy usage,
- • lay out a range of requirements in the promotion of energy efficiency in the CHP sector. These include the necessity for SEAI to carry out a comprehensive assessment and cost-benefit analysis of the potential for the application of high efficiency combined heat and power and district heating and cooling in Ireland,
- • set out a range of obligations regarding the co-ordination, supervision and issuance of guarantees of origin,
- • require that CER will ensure that a national assessment of the energy efficiency potential of the electricity and gas transmission and distribution systems is carried out,
- • set out requirements around the removal of possible barriers to energy efficiency in the rental sector, in particular as regards the split of incentives between owners and tenants,
- • require the promotion of energy efficiency information pertaining to e.g. energy usage, incentives and financing possibilities, energy audits and services and benefits of smart meters, to all energy users,
- • provide for surveillance and enforcement of the provisions of these Regulations.
Footnotes
OJ No. L 315, 14.11.2012, p.1
OJ No. L153, 18.06.2010, p.13
OJ No. L 211, 14.08.2009, p.55
OJ No. L 211, 14.08.2009, p.94
OJ No. L 134, 30.04.2004, p.114
OJ No. L153, 18.06.2010, p.1
OJ L 52, 21.2.2004, p.50
OJ No. L334, 17.12.2010, p.17
OJ No. L24, 29.01.2008, p.8
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