S.I. No. 350/2022 - European Union (Renewable Energy) Regulations (2) 2022

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th July, 2022.

I, EAMON RYAN, Minister for the Environment Climate and Communications, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving effect to Articles 2, 3, 15(2), 16, 17, 18, 19, 23, 24, 25, 26, 27, 28, 29, 30 and 31 of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018¹ , hereby make the following regulations:

Citation and commencement

• (1) These Regulations may be cited as the European Union (Renewable Energy) Regulations (2) 2022.

• (2) These Regulations shall come into operation on 15 July 2022.

Interpretation

“Act of 1999” means Electricity Regulation Act 1999 (No. 23 of 1999);

“Act of 2002” means Gas (Interim) (Regulation) Act 2002 (No. 10 of 2002);

“Act of 2007” means National Oil Reserves Agency Act 2007 (No. 7 of 2007);

“actual value” means the greenhouse gas emissions savings for some or all of the steps of a specific biofuel, bioliquid or biomass fuel production process, calculated in accordance with the methodology laid down in Part C of Annex V or Part B of Annex VI of the Directive;

“advanced biofuels” means biofuels that are produced from the feedstock listed in Part A of Annex IX of the Directive;

“agricultural biomass” means biomass produced from agriculture;

“agricultural, aquaculture, fisheries and forestry residues” means residues that are directly generated by agriculture, aquaculture, fisheries and forestry and that do not include residues from related industries or processing;

“ambient energy” means naturally occurring thermal energy and energy accumulated in the environment with constrained boundaries, which can be stored in the ambient air, excluding in exhaust air, or in surface or sewage water;

“Agency” means the National Oil Reserves Agency referred to in section 7(1) of the Act of 2007;

“biofuels” means liquid fuel for transport produced from biomass;

“biogas” means gaseous fuels produced from biomass;

“bioliquids” means liquid fuel for energy purposes other than for transport, including electricity and heating and cooling, produced from biomass;

“biomass fuels” means gaseous and solid fuels produced from biomass;

“biomass” means the biodegradable fraction of products, waste and residues from biological origin from agriculture, including vegetal and animal substances, from forestry and related industries, including fisheries and aquaculture, as well as the biodegradable fraction of waste, including industrial and municipal waste of biological origin;

“biowaste” means biowaste as defined in point (4) of Article 3 of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008² on waste and repealing certain Directives;

“Commission” means the Commission for Regulation of Utilities established by section 8 of the Act of 1999;

“default value” means a value derived from a typical value by the application of pre-determined factors and that may, in circumstances specified in the Directive, be used in place of an actual value;

“Directive” means Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources;

“district heating” or “district cooling” means the distribution of thermal energy in the form of steam, hot water or chilled liquids, from central or decentralised sources of production through a network to multiple buildings or sites, for the use of space or process heating or cooling;

“efficient district heating and cooling” means efficient district heating and cooling as defined in point (41) of Article 2 of Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012³ on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC;

“electricity generator” means a person licensed under section 14(1)(a) of the Act of 1999;

“Energy Efficiency Regulations” means the European Union (Energy Efficiency) Regulations 2014 ( S.I. No. 426 of 2014 );

“energy from renewable sources” or “renewable energy” means energy from renewable non-fossil sources, namely wind, solar (solar thermal and solar photovoltaic) and geothermal energy, ambient energy, tide, wave and other ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas, and biogas;

“energy storage” means, in the electricity system, deferring the final use of electricity to a moment later than when it was generated, or the conversion of electrical energy into a form of energy which can be stored, the storing of such energy, and the subsequent reconversion of such energy into electrical energy or use as another energy carrier;

“energy storage facility” means, in the electricity system, a facility where energy storage occurs;

“European Standards Organisation” means an organisation listed in Annex I of Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012⁴ on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council;

“final customer” means a customer who purchases electricity for own use;

“food and feed crops” means starch-rich crops, sugar crops or oil crops produced on agricultural land as a main crop excluding residues, waste or ligno-cellulosic material and intermediate crops, such as catch crops and cover crops, provided that the use of such intermediate crops does not trigger demand for additional land;

“forest biomass” means biomass produced from forestry;

“forest regeneration” means the re-establishment of a forest stand by natural or artificial means following the removal of the previous stand by felling or as a result of natural causes, including fire or storm;

“fuel supplier” means an entity supplying fuel to the market that is responsible for passing fuel through an excise duty point or, in the case of electricity or where no excise is due or where duly justified, any other relevant entity designated by a Member State;

“geothermal energy” means energy stored in the form of heat beneath the surface of solid earth;

“gross final consumption of energy” means the energy commodities delivered for energy purposes to industry, transport, households, services including public services, agriculture, forestry and fisheries, the consumption of electricity and heat by the energy branch for electricity, heat and transport fuel production, and losses of electricity and heat in distribution and transmission;

“gas distribution system” means the distribution system referred to in section 16(1) of the Act of 2002;

“gas supplier” means a person licensed under section 16(1)(a) or (b) of the Act of 2002;

“gas supply” has the meaning assigned to “supply” in section 2(1) of the Act of 2002;

“gas transmission system” means the transmission system referred to in section 16(1) of the Act of 2002;

“gas transportation system” in relation to gas means the gas transmission system and gas distribution system owned and operated by GNI;

“GNI” means Gas Networks Ireland which is the licenced asset owner and asset operator for the Natural Gas Transmission and Distribution networks under section 16 of the Act of 2002;

“guarantee of origin” means an electronic document which has the sole function of providing evidence to a final customer that a given share or quantity of energy was produced from renewable sources;

“guarantee of origin for electricity” means a guarantee of origin that relates to electricity produced from renewable sources;

“guarantee of origin for gas” means a guarantee of origin that relates to gas produced from renewable sources, including hydrogen produced from renewable sources;

“high-efficiency cogeneration” means high-efficiency cogeneration as defined in point (34) of Article 2 of Directive 2012/27/EU;

“Internal Market in Electricity Directive” means Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU;

“ligno-cellulosic material” means material composed of lignin, cellulose and hemicellulose, such as biomass sourced from forests, woody energy crops and forest-based industries’ residues and wastes;

“low indirect land-use change-risk biofuels, bioliquids and biomass fuels” means biofuels, bioliquids and biomass fuels, the feedstock of which was produced within schemes which avoid displacement effects of food and feed-crop based biofuels, bioliquids and biomass fuels through improved agricultural practices as well as through the cultivation of crops on areas which were previously not used for cultivation of crops, and which were produced in accordance with the sustainability criteria for biofuels, bioliquids and biomass fuels laid down in Schedule 3 of these Regulations;

“Minister” means Minister for the Environment, Climate and Communications;

“national scheme” means a national scheme recognised by the European Commission in accordance with Article 30(6) of the Directive;

“non-food cellulosic material” means feedstock mainly composed of cellulose and hemicellulose, and having a lower lignin content than ligno-cellulosic material, including food and feed crop residues, such as straw, stover, husks and shells; grassy energy crops with a low starch content, such as ryegrass, switchgrass, miscanthus, giant cane; cover crops before and after main crops; ley crops; industrial residues, including from food and feed crops after vegetal oils, sugars, starches and protein have been extracted; and material from biowaste, where ley and cover crops are understood to be temporary, short-term sown pastures comprising grass-legume mixture with a low starch content to obtain fodder for livestock and improve soil fertility for obtaining higher yields of arable main crops;

“Other wooded land” means land not classified as “primary forest”, spanning more than 0.5 hectares; with trees higher than 5 meters and a canopy cover of 5-10 percent, or trees able to reach these thresholds in situ; or with a combined cover of shrubs, bushes and trees above 10 percent. It does not include land that is predominantly under agricultural or urban land use;

“Primary forest” means naturally regenerated forest of native tree species, where there are no clearly visible indications of human activities and the ecological processes are not significantly disturbed;

“PSO generator” means a generator that is a recipient of support provided under a support scheme referred to in Regulation 3 of the European Union (Renewable Energy) Regulations 2020 ( S.I. No. 365 of 2020 ), including but not limited to a party to a REFIT or AER Power Purchase Agreement listed in the Schedules to the Electricity Regulation Act 1999 (Public Service Obligations) Order 2002 ( S.I. No. 217 of 2002 );

“recycled carbon fuels” means liquid and gaseous fuels that are produced from liquid or solid waste streams of non-renewable origin which are not suitable for material recovery in accordance with Article 4 of Directive 2008/98/EC, or from waste processing gas and exhaust gas of non-renewable origin which are produced as an unavoidable and unintentional consequence of the production process in industrial installations;

“Regulations of 2012” means European Union (Biofuel Sustainability Criteria) Regulations 2012 ( S.I. No. 33 of 2012 );

“Regulations of 2022” means the European Union (Renewable Energy) Regulations 2022 ( S.I. No. 76 of 2022 );

“Renewables self-consumer” means a final customer operating within its premises located within confined boundaries or where allowed by Member States, on other premises, who generates renewable electricity for its own consumption, and may store and sell self-generated renewable electricity, provided that, for non-household renewables self-consumers, those activities do not constitute their primary commercial or professional activity;

“renewable energy obligation” means a support scheme requiring energy producers to include a given share of energy from renewable sources in their production, requiring energy suppliers to include a given share of energy from renewable sources in their supply, or requiring energy consumers to include a given share of energy from renewable sources in their consumption, including schemes under which such requirements may be fulfilled by using green certificates;

“renewable liquid and gaseous transport fuels of non-biological origin” means liquid or gaseous fuels which are used in the transport sector other than biofuels or biogas, the energy content of which is derived from renewable sources other than biomass;

“residual energy mix” means the total annual energy mix for a Member State excluding the share covered by cancelled guarantees of origin;

“residue” means a substance that is not the end product(s) that a production process directly seeks to produce; it is not a primary aim of the production process and the process has not been deliberately modified to produce it;

“SEAI” means the Sustainable Energy Authority of Ireland established by section 4 of the Sustainable Energy Act 2002 (No. 2 of 2002);

“SEMO” has the meaning assigned to “Single Electricity Market Operator” by section 2(1) of the Act of 1999;

“sourcing area” means the geographically defined area from which the forest biomass feedstock is sourced, from which reliable and independent information is available and where conditions are sufficiently homogeneous to evaluate the risk of the sustainability and legality characteristics of the forest biomass;

“starch-rich crops” means crops comprising mainly cereals, regardless of whether the grains alone or the whole plant, such as in the case of green maize, are used; tubers and root crops, such as potatoes, Jerusalem artichokes, sweet potatoes, cassava and yams; and corm crops, such as taro and cocoyam;

“support scheme” means any instrument, scheme or mechanism established by the Minister that promotes the use of energy from renewable sources by reducing the cost of that energy, increasing the price at which it can be sold, or increasing, by means of a renewable energy obligation or by other means, the volume of such energy purchased, and includes, but is not restricted to, investment aid, tax exemptions or tax reductions, tax refunds, renewable energy obligation support schemes including those using green certificates, and direct price support schemes including feed-in tariffs and sliding or fixed premium payments;

“third country” means a country that is not a Member State;

“typical value” means an estimate of the greenhouse gas emissions and greenhouse gas emissions savings for a particular biofuel, bioliquid or biomass fuel production pathway, which is representative of the Union consumption;

“voluntary scheme” means a voluntary national or international scheme recognised by the European Commission in accordance with Article 30(4) of the Directive;

“waste” means any substance or object which the holder discards or intends or is required to discard within the meaning of section 4 (1) of the Waste Management Act 1996 (No. 10 of 1996) excluding any substances that have been intentionally modified or contaminated to meet that definition.

“waste heat and cold” means unavoidable heat or cold generated as by-product in industrial or power generation installations, or in the tertiary sector, which would be dissipated unused in air or water without access to a district heating or cooling system, where a cogeneration process has been used or will be used or where cogeneration is not feasible.

• (2) A word or expression that is used in these Regulations and is also used in the Directive or the Internal Market in Electricity Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive or the Internal Market in Electricity Directive.

Calculation of share of energy from renewable sources

• (2) The SEAI shall calculate the share of renewable energy within the final consumption of energy in the transport sector by applying the methodology in Schedule 2, where applicable.

Minimum share of renewable energy within the final consumption of energy in the transport sector

• (a) the share of renewable energy within the final consumption of energy in the transport sector referred to in Regulation 3(2) complies with the first and fourth subparagraphs of Article 25(1) of the Directive, with due regard to the fourth subparagraph of Article 26(1), and Article 27 (1)(a) of the Directive; and

• (b) the consumption in the State of biofuels and biogas is produced from feedstocks listed in Part A of Annex IX of the Directive and complies with the requirements of the first and second subparagraphs of Article 26(1) of the Directive.

Support schemes and renewable energy obligations

• (2) Where European standards exist, including eco-labels, energy labels and other technical reference systems established by the European standardisation bodies, the technical specifications referred to in paragraph (1) shall be expressed in terms of those standards.

• (3) The technical specifications referred to in paragraph (1) shall not prescribe where the equipment and systems are to be certified and should not impede the operation of the internal market of the European Union.

• (4) It shall be a requirement of a support scheme or a renewable energy obligation that, where biofuels, bioliquids or biomass fuels are to benefit from a support scheme or contribute to compliance with a renewable energy obligation, they must fulfil the sustainability and greenhouse gas emissions savings criteria referred to in Regulation 6.

• (5) The terms and conditions of a support scheme or renewable energy obligation shall not prohibit a participant, on other sustainability grounds, to use biofuels, bioliquids or biomass fuels obtained in compliance with the sustainability and greenhouse gas emissions savings criteria referred to in Regulation 6.

• (6) The competent authority for a support scheme shall grant no support for renewable energy produced from the incineration of waste if the separate collection obligations laid down in Directive 2008/98/EC have not been complied with.

Biofuels, bioliquids and biomass fuels meeting sustainability and greenhouse gas emissions saving criteria

• (2) Biofuels, bioliquids and biomass fuels produced from waste and residues, including waste and residues that are first processed into a product before being further processed into biofuels, bioliquids and biomass fuels, other than agricultural, aquaculture, fisheries and forestry residues, are required to fulfil only the greenhouse gas emissions savings criteria referred to in paragraph (7) of Schedule 3 if they are to be deemed to meet the sustainability and the greenhouse gas emissions saving criteria.

• (3) Municipal solid waste used to produce electricity and heating and cooling shall not be subject to the greenhouse gas emissions saving criteria referred to in paragraphs (1) to (6) of Schedule 3.

• (4) Biomass fuels used in installations producing electricity, heating and cooling or fuels with a total rated thermal input less than 20 MW in the case of solid biomass fuels, and with a total rated thermal input less than 2MW in the case of gaseous biomass fuels are deemed to fulfil the sustainability and greenhouse gas emissions saving criteria.

• (5) The sustainability and the greenhouse gas emissions saving criteria referred to in Schedule 3 shall apply irrespective of the geographical origin of the biomass.

• (6) Biomass fuels used to produce electricity shall be deemed to be compliant only if the electricity produced meets one or more of the following requirements -

• (a) it is produced in installations with a total rated thermal input below 50 MW;

• (b) for installations with a total rated thermal input from 50 to 100 MW, it is produced applying high-efficiency cogeneration technology, or, for electricity-only installations, meeting an energy efficiency level associated with the best available techniques (BAT-AEELs) as defined in Commission Implementing Decision (EU) 2017/1442⁵ ;

• (c) for installations with a total rated thermal input above 100 MW, it is produced applying high-efficiency cogeneration technology, or, for electricity-only installations, achieving a net-electrical efficiency of at least 36 %; or,

• (d) it is produced applying Biomass CO2 Capture and Storage.

• (7) Biomass fuels used in electricity-only-installations shall be deemed to fulfil sustainability and the greenhouse gas emissions saving criteria only if they comply with paragraphs (1) to (8) of Schedule 3 and the installations do not use fossil fuels as a main fuel and only if there is no cost-effective potential for the application of high-efficiency cogeneration technology according to the assessment in accordance with Article 14 of Directive 2012/27/EU.

• (8) Paragraphs (6) and (7) of this Regulation shall apply only to installations starting operation starting operation or converted to the use of biomass fuels after 25 December 2021.

• (9) For the purposes of paragraph (8), paragraphs (6) and (7) shall be without prejudice to support granted under support schemes in accordance with Regulations 4 to 8 of the European Union (Renewable Energy) Regulations 2020 (S.I. 365 of 2020) approved by 25 December 2021.

• (10) Only biofuels, bioliquids and biomass fuels deemed to fulfil the sustainability and greenhouse gas emissions savings criteria referred to in paragraph (1) shall be eligible for financial support.

Bioliquids - verification of compliance with the sustainability and greenhouse gas emissions saving criteria

• (2) The competent authority for a support scheme or renewable energy obligation may, with the consent of the Minister, arrange for a national scheme for demonstrating that bioliquids fulfil the sustainability and greenhouse gas emissions savings criteria referred to in Regulation 6.

Biomass fuels - verification of compliance with the sustainability and greenhouse gas emissions saving criteria

• (2) The SEAI may, with the consent of the Minister, arrange for a national scheme for demonstrating that biomass fuels fulfil the sustainability and greenhouse gas emissions savings criteria referred to in Regulation 6.

Bioliquids – information from participants

• (a) whether the greenhouse gas emissions savings referred to in paragraph (7) of Schedule 3 are being calculated by reference to subparagraph (a), (b), (c) or (d) of paragraph (8) of Schedule 3,

• (b) details of measures taken to comply with the sustainability criteria set out in paragraphs (1) to (6) of Schedule 3,

• (c) details of the application of the methodology for calculating greenhouse gas emissions from the production and use of bioliquids set out in Part C of Annex V of the Directive, and,

• (d) at least one of the following –

• (i) a statement, and evidence in support thereof, that the consignment has been certified or accepted as fulfilling the requirements of a national scheme arranged under Regulation 7(2),

• (ii) a statement, and evidence in support thereof, that the consignment has been certified or accepted as fulfilling the requirements of a national scheme set up by another Member State, or

• (iii) a statement, and evidence in support thereof, that the consignment has been duly certified as fulfilling the requirements of a voluntary scheme (including the name of the voluntary scheme) that has been recognised by the European Commission to contain accurate data on the greenhouse gas emissions savings referred to in paragraph (7) of Schedule 3 and the sustainability criteria referred to in paragraphs (1) to (6) of Schedule 3.

• (2) The information submitted to a competent authority under this Regulation shall be accompanied by a report verifying the information.

• (3) The verification shall be completed by an independent person in accordance with requirements for assurance engagements, as may be approved by the competent authority from time to time.

• (4) Where calculation of greenhouse gas emissions savings is involved, a participant in a support scheme or renewable energy obligation shall hold the details of these calculations on file for 3 years and these details shall be available for audit as required by Regulation 11.

• (5) The competent authority shall make the information about the geographic origin and feedstock type of bioliquids per fuel supplier available on the website of the competent authority and shall update that information on an annual basis.

Biomass fuels – information from participants

• (a) whether the greenhouse gas emissions savings referred to in paragraphs (7) of Schedule 3 are being calculated by reference to subparagraph (a), (b), (c) or (d) of paragraph (8) of Schedule 3,

• (b) details of measures taken to comply with the sustainability criteria set out in paragraphs (1) to (6) of Schedule 3,

• (c) details of the application of the methodology for calculating greenhouse gas emissions from the production and use of biomass fuels set out in Part B of Annex VI of the Directive; and,

• (d) at least one of the following –

• (i) a statement, and evidence in support thereof, that the consignment has been certified or accepted as fulfilling the requirements of a national scheme arranged under Regulation 8 (2),

• (ii) a statement, and evidence in support thereof, that the consignment has been certified or accepted as fulfilling the requirements of a national scheme set up by another Member State, or

• (iii) a statement, and evidence in support thereof, that the consignment has been duly certified as fulfilling the requirements of a voluntary scheme (including the name of the voluntary scheme) that has been recognised by the European Commission to contain accurate data on the greenhouse gas emissions savings referred to in paragraph (7) of Schedule 3 and the sustainability criteria referred to in paragraphs (1) to (6) of Schedule 3.

• (2) The information submitted to the SEAI under this Regulation shall be accompanied by a report verifying the information.

• (3) The verification shall be completed by an independent person in accordance with requirements for assurance engagements, as may be approved by the SEAI from time to time.

• (4) Where calculation of greenhouse gas emissions savings is involved, a participant in a support scheme or renewable energy obligation shall hold the details of these calculations on file for 3 years and these details shall be available for audit as required by Regulation 12.

• (5) The SEAI shall make the information about the geographic origin and feedstock type of biomass fuels in respect of each economic operator or fuel supplier, whichever the case may be, available on the website of the SEAI and shall update that information on an annual basis.

Bioliquids - independent audit of records

• (2) A participant in a support scheme or renewable energy obligation using bioliquids shall arrange for an independent audit of the data referred to in paragraph (1) and the information submitted to the competent authority under these Regulations on an annual basis.

• (3) The audit shall -

• (a) evaluate the frequency and methodology of sampling and the robustness of the data,

• (b) verify that the systems used by the person wishing to participate in a support scheme or renewable energy obligation are accurate, reliable and protected against fraud, including verification ensuring that materials are not intentionally modified or discarded so that the consignment or part thereof could become a waste or residue,

• (c) meet the requirements specified for assurance engagements as may be approved by the competent authority from time to time; and,

• (d) be in such form as the competent authority may require.

• (4) A participant in a support scheme or renewable energy obligation using bioliquids shall deliver the auditors’ report to the competent authority no later than 3 months after the end of the reporting period for the support scheme or renewable energy obligation or within a period determined by the competent authority.

• (5) In order to comply with paragraph (5)(a) and (6)(a) of Schedule 3, the first or second party auditing may be used up to the first gathering point of the forest biomass.

Biomass fuels - independent audit of records

• (2) A participant in a support scheme or renewable energy obligation using biomass fuels shall arrange for an independent audit of the data referred to in paragraph (1) and the information submitted to SEAI on an annual basis.

• (3) The audit shall -

• (a) evaluate the frequency and methodology of sampling and the robustness of the data,

• (b) verify that the systems used by the person wishing to participate in a support scheme or renewable energy obligation are accurate, reliable and protected against fraud, including verification ensuring that materials are not intentionally modified or discarded so that the consignment or part thereof could become a waste or residue,

• (c) meet the requirements specified for assurance engagements as may be approved by the SEAI from time to time; and,

• (d) be in such form as the SEAI may require.

• (4) A participant in a support scheme or renewable energy obligation using biomass fuels shall deliver the auditors’ report to the SEAI no later than 3 months after the end of the reporting period for the support scheme or renewable energy obligation or within a period determined by the SEAI.

• (5) In order to comply with paragraph (5)(a) and (6)(a) of Schedule 3, the first or second party auditing may be used to the first gathering point of the forest biomass.

Statement of compliance with sustainability criteria – bioliquids

• (a) through compliance with any national scheme developed by a competent authority under Regulation 7(2),

• (b) through compliance with a national scheme set up by another Member State, or

• (c) through a voluntary scheme.

• (2) A participant in a support scheme or renewable energy obligation shall report compliance with the sustainability and greenhouse gas emissions savings criteria referred to in Schedule 3 in accordance with a mass balance system that -

• (a) allows consignments of raw material or fuels with differing sustainability and greenhouse gas emissions saving characteristics to be mixed for instance in a container, processing or logistical facility, transmission and distribution infrastructure or site,

• (b) allows consignments of raw material with differing energy content to be mixed for the purposes of further processing, provided that the size of consignments is adjusted according to their energy content,

• (c) requires information about the sustainability and greenhouse gas emissions saving characteristics and sizes of the consignments referred to in point (a) to remain assigned to the mixture, and,

• (d) provides for the sum of all consignments withdrawn from the mixture to be described as having the same sustainability characteristics, in the same quantities, as the sum of all consignments added to the mixture and requires that this balance be achieved over an appropriate period of time.

• (3) The mass balance system referred to in paragraph (2) shall contain information on whether support has been provided for the production of that consignment, and if so, on the type of support system.

• (4) Where a consignment is processed, information on the sustainability and greenhouse gas emissions saving characteristics of the consignment shall be adjusted and assigned to the output in accordance with the following rules -

• (a) when the processing of a consignment of raw material yields only one output that is intended for the production of biofuels, bioliquids or biomass fuels, renewable liquid and gaseous transport fuels of non-biological origin, or recycled carbon fuels, the size of the consignment and the related quantities of sustainability and greenhouse gas emissions saving characteristics shall be adjusted applying a conversion factor representing the ratio between the mass of the output that is intended for such production and the mass of the raw material entering the process, and,

• (b) when the processing of a consignment of raw material yields more than one output that is intended for the production of biofuels, bioliquids or biomass fuels, renewable liquid and gaseous transport fuels of non-biological origin, or recycled carbon fuels, for each output a separate conversion factor shall be applied and a separate mass balance shall be used.

• (5) Where a participant in a support scheme or renewable energy obligation has demonstrated compliance of a consignment of biofuels, bioliquids or biomass fuels with the sustainability criteria and greenhouse gas emissions savings criteria referred to in Schedule 3 through a voluntary scheme, to the extent the voluntary scheme demonstrates compliance with the sustainability criteria, they shall not be required to provide further proof of compliance.

Statement of compliance with sustainability criteria – biomass fuels

• (a) through compliance with any national scheme developed by the SEAI under Regulation 8 (2),

• (b) through compliance with a national scheme set up by another Member State, or

• (c) through a voluntary scheme.

• (2) A participant in a support scheme or renewable energy obligation shall report compliance with the sustainability and greenhouse gas emissions savings criteria referred to in Schedule 3 in accordance with a mass balance system that -

• (a) allows consignments of raw material or fuels with differing sustainability and greenhouse gas emissions saving characteristics to be mixed for instance in a container, processing or logistical facility, transmission and distribution infrastructure or site,

• (b) allows consignments of raw material with differing energy content to be mixed for the purposes of further processing, provided that the size of consignments is adjusted according to their energy content,

• (c) requires information about the sustainability and greenhouse gas emissions saving characteristics and sizes of the consignments referred to in point (a) to remain assigned to the mixture, and,

• (d) provides for the sum of all consignments withdrawn from the mixture to be described as having the same sustainability characteristics, in the same quantities, as the sum of all consignments added to the mixture and requires that this balance be achieved over an appropriate period of time.

• (3) The mass balance system referred to in paragraph (2) shall contain information on whether support has been provided for the production of that consignment, and if so, on the type of support system.

• (4) Where a consignment is processed, information on the sustainability and greenhouse gas emissions saving characteristics of the consignment shall be adjusted and assigned to the output in accordance with the following rules -

• (a) when the processing of a consignment of raw material yields only one output that is intended for the production of biofuels, bioliquids or biomass fuels, renewable liquid and gaseous transport fuels of non-biological origin, or recycled carbon fuels, the size of the consignment and the related quantities of sustainability and greenhouse gas emissions saving characteristics shall be adjusted applying a conversion factor representing the ratio between the mass of the output that is intended for such production and the mass of the raw material entering the process, and,

• (b) when the processing of a consignment of raw material yields more than one output that is intended for the production of biofuels, bioliquids or biomass fuels, renewable liquid and gaseous transport fuels of non-biological origin, or recycled carbon fuels, for each output a separate conversion factor shall be applied and a separate mass balance shall be used.

• (5) Where a participant in a support scheme or renewable energy obligation has demonstrated compliance of a consignment of biofuels, bioliquids or biomass fuels with the sustainability criteria and greenhouse gas emissions savings criteria referred to in Schedule 3 through a voluntary scheme, to the extent the voluntary scheme demonstrates compliance with the sustainability criteria, they shall not be required to provide further proof of compliance.

Provision of information to the European Commission and the SEAI

• (2) The SEAI shall submit to the Minister the information required to be submitted to the SEAI under Regulations 10 and 14.

• (3) The Minister shall submit to the European Commission, in aggregated form, the information required to be submitted to a competent authority under Regulations 9 and 13.

• (4) The Minister shall submit to the European Commission, in aggregated form, the information required to be submitted to the SEAI under Regulations 10 and 14.

• (5) The Minister shall submit to the European Commission, in aggregated form, the information required to be submitted to the Agency under Regulations 5 and 6 of the Regulations of 2012.

• (6) A competent authority shall, on the request of SEAI, provide the SEAI with such information, that the competent authority has collected in the performance of its functions regarding a support scheme or renewable energy obligation pursuant to these Regulations, the Act of 2007 or the Regulations of 2012 to the extent that that information is necessary for SEAI to perform its functions pursuant to these Regulations.

Amendment of the Act of 1999

• (a) in Article 2 by inserting the following definition:

“ ‘biomass fuels’ means gaseous and solid fuels produced from biomass;”, and

• (b) in Article 6D(2) (inserted by the Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2012 ( S.I. No. 438 of 2012 )) –

• (i) by substituting subparagraph (d) for the following:

• “(d) where a generator has generated electricity from bioliquids and where the generator has not satisfied the Commission that the bioliquids have fulfilled the sustainability and greenhouse gas emissions saving criteria referred to in Regulation 6 of the European Union (Renewable Energy) Regulations (2) 2022 (S.I. No. 350 of 2022).”, and

• (ii) by inserting after subparagraph (d) the following:

• “(e) where a generator has generated electricity from biomass fuels and where the generator has not satisfied the Commission that the biomass fuels have fulfilled the sustainability and greenhouse gas emissions saving criteria referred to in Regulation 6 of the European Union (Renewable Energy) Regulations (2) 2022 (S.I. No. 350 of 2022).”

Amendment of the National Oil Reserves Agency Act 2007

• (a) by the substitution of, “Renewable Transport Fuel Obligation” for “Biofuel Obligation”, in the heading of this section;

• (b) in section 44A –

• (i) in the definition of “Directive”, by substituting “Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources” for “Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC”,

• (ii) by inserting the following definitions:

“Renewable Energy Regulations” means the European Union (Renewable Energy) Regulations (2) 2022 (S.I. No. 350 of 2022);

“renewable transport fuel” means liquid or gaseous fuel for transport, including:

• (a) Biofuels

• (b) Biogas

• (c) Recycled carbon fuels

• (d) Advanced biofuels

• (e) renewable liquid and gaseous transport fuel of non-biological origin

“biogas” means gaseous fuels produced from biomass;

“Recycled carbon fuels” means liquid and gaseous fuels that are produced from liquid or solid waste or solid waste streams of non-renewable origin which are not suitable for material recovery in accordance with Article 4 of Directive 2008/98/EC, or from waste processing gas and exhaust gas of non-renewable origin which are produced as an unavoidable and unintentional consequence of the production process in industrial installations;

“Advanced biofuels” mean biofuels that are produced from the feedstock listed in Part A of Annex IX;

“Advanced biofuel obligation” has the meaning assigned by section 44C;

“renewable liquid and gaseous transport fuels of non-biological origin” means liquid or gaseous fuels which are used in the transport sector other than biofuels or biogas, the energy content of which is derived from renewable sources other than biomass;

“renewable transport fuel levy assessment notice” means a notice given under section 44Q;

“renewable transport fuel obligation” has the meaning assigned by section 44C;

“renewable transport fuel obligation account” means an account held under section 44E by an obligated party, renewable transport fuel producer or renewable transport fuel supplier and references to ‘renewable transport fuel obligation account holder’ shall be construed accordingly;

“renewable transport fuel obligation certificate” means a certificate issued under section 44G to a renewable transport fuel obligation account holder;

“renewable transport fuel producer” means a person who produces renewable transport fuel for his or her own use or for sale;

“renewable transport fuel supplier” means a person who supplies renewable transport fuel;

“relevant disposal of renewable transport fuel” has the meaning assigned by section 44N;

“obligated party” means an oil company or oil consumer, as the case may be, that is subject to the renewable transport fuel obligation under this Part;

• (ii) by the deletion the following definitions:

“ ‘biofuel levy assessment notice’ means a notice given under section 44Q;

‘biofuel obligation’ has the meaning assigned by section 44C;

‘biofuel obligation account’ means an account held under section 44E by an obligated party, biofuel producer or biofuel supplier and references to ‘biofuel obligation account holder’ shall be construed accordingly;

‘biofuel obligation certificate’ means a certificate issued under section 44G to a biofuel obligation account holder;

‘biofuel producer’ means a person who produces biofuel for his or her own use or for sale;

‘biofuel supplier’ means a person who supplies biofuel;

‘relevant disposal of biofuel’ has the meaning assigned by section 44N.”

• (c) by the deletion of section 44B;

• (d) in section 44C –

• (i) in the heading of this section, by substituting “Renewable transport fuel obligation” for “biofuel obligation”;

• (ii) in subsections (2) and (3), by replacing the word “biofuel” with “renewable transport fuel” in each place that it occurs;

• (iii) in subsection (3), by the substitution of “megajoules” for “litres”;

• (iv) by the insertion of the following after subsection (3) -

• “(4) Within the renewable transport fuel obligation referred to in subsection (3):

  • (a) the contribution from advanced biofuels and biogas shall meet the requirements of Article 25 (1) subparagraph 4 of the Directive (in this Part referred to as the ‘advanced biofuel obligation’);

  • (b) the contribution from biofuels and biogas produced from food and feed crops shall meet the requirements of Article 26 (1) of the Directive (in this Part referred to as the ‘crop cap’);

  • (c) the contribution from biofuels and biogas produced from high indirect land-use change-risk (in this Part referred to as ‘high ILUC-risk’) feedstocks shall be no more than the amount disposed of in 2019 by the oil companies or oil consumers that disposed of such biofuels and biogas in 2019.”

• (e) in section 44D -

• (i) in the heading of this section, by substituting “Rate of renewable transport fuel obligation, advanced biofuel obligation, crop cap and high ILUC-risk biofuel” for “Rate of biofuel obligation”;

• (ii) by the substitution of “renewable transport fuel” for “biofuel” in each place that it occurs;

• (iii) by the substitution of the following for subsection (1):

“The percentage rates referred to in section 44C(3)(b) and 44C(4), shall be—

• (a) such percentage rates as stand specified by order under subsection (2).”

• (iv) by the deletion of subsection (1)(b);

• (v) in subsection (2)(a), by the insertion of “.” after “subsection (1)(a)” and by the deletion of “or the percentage rate specified in subsection (1)(b).”;

• (vi) by the deletion of subsection (2)(b);

• (vii) by the substitution of the following for subsection 3(a):

• “(a) the effect of the renewable transport fuel obligation, the advanced biofuel obligation, crop cap and high ILUC-risk on fuel prices in the State,”.

• (viii) in subsection (3)(b), by the substitution of, “pursuant to Article 30(3) of the Directive” for “pursuant to Article 22 of the Directive”;

• (ix) in subsection (3)(c), by the substitution of “pursuant to Article 33 of the Directive” for “pursuant to Article 23 of the Directive.”.

• (f) in Section 44E –

• (i) in the heading of this section, by substituting “Renewable transport fuel obligation account” for “Biofuel obligation account”;

• (ii) by substituting “renewable transport fuel” for “biofuel” in each place that it occurs.

• (g) in Section 44F –

• (i) in the heading of this section, by substituting “Management of renewable transport fuel accounts” for “Management of biofuel obligation accounts”;

• (ii) by substituting “renewable transport fuel” for “biofuel” in each place that it occurs.

• (h) in section 44G –

• (i) in the heading of this section, by substituting “Renewable transport fuel obligation certificates” for “biofuel obligation certificates”;

• (ii) by substituting “renewable transport fuel” for “biofuel” in each place that it occurs;

• (iii) in subsection (1), by substituting “megajoule” for “litre”;

• (iv) by substituting paragraphs (a) and (b) of subsection (1) for the following:

• “(a) 2 certificates in the case of such renewable transport fuel listed in Annex IX of the Directive, or whereby the Agency may from time to time determine in accordance with this section are so eligible, and

• (b) one certificate in the case of all other renewable transport fuels.”.

• (v) by the insertion of the following after subsection (1) -

• “(1A) (1) the Minister may make regulations setting out the amount of credits applicable to certain other renewable transport fuels which the Minister may specify, according to a hierarchy of use, which the Minister may from time to time review and amend.”

• (vi) by the insertion of the following after subsection (2A) -

• “(2B) (1) In respect of feedstocks which were previously determined eligible for two certificates per litre prior to the enactment of the Regulations of 2022, which are not explicitly listed in Annex IX, and for which revised determinations under 44G (11) are required -

  • (a) The Agency shall make determinations, in accordance with the provisions of 44G(11), as soon as reasonably practicable following enactment of these Regulations;

  • (b) Following completion of the determinations at subsection (1)(a), the Agency shall publish a notice on its website of the revised determinations;

  • (c) The determinations made by the Agency under subsection (1)(a) shall come into effect for applications made under 44G (1) for the obligation period commencing 1 January 2023.”

• (vii) by substituting paragraphs (a) and (b) of subsection (4) with the following:

• “(a) the sustainability and greenhouse gas emission savings criteria for renewable transport fuels set out in Schedule 3 to the Renewable Energy Regulations, and as provided for under Article 28(5) of the Directive, and

• (b) any requirements for verification of compliance with those sustainability and greenhouse gas emissions savings criteria in accordance with the Renewable Energy Regulations and the European Union (Biofuel Sustainability Criteria) Regulations 2012 ( S.I. No. 33 of 2012 )”.”

• (viii) by substituting paragraph (a) of subsection 11 with the following:

• “(a) The Agency may make a determination with regard to certain feedstocks listed in Annex IX Part A, specifically (b)-(d) and (p)-(q) inclusive, for the purposes of subsection (1)(a), in which case the Agency shall consult with the persons specified in paragraph (b) and may consult with such other persons as it considers appropriate in order to satisfy itself that the material used to produce the renewable transport fuel concerned falls within Annex IX Part A of the Directive, unless the Commission has previously provided such clarification concerning the feedstock.”.

• (i) In Section 44H –

• (i) by substituting “renewable transport fuel” for “biofuel” in each place that it occurs;

• (j) in Section 44I -

• (i) in the heading of this section, by substituting “Compliance with renewable transport fuel obligation” for “Compliance with biofuel obligation”;

• (ii) by substituting “renewable transport fuel” for “biofuel” in each place that it occurs;

• (iii) by substituting subsections (1) and (2) with the following:

• “(1) The Agency shall notify each obligated party in such form as the Agency determines within 60 days after the end of the obligation period concerned of—

  • (a) the renewable transport fuel obligation relating to the obligated party for that period,

  • (b) the advanced biofuel obligation relating to the obligated party for that period

  • (c) the renewable transport fuel obligation certificates (if any) held against the renewable transport fuel obligation account concerning (a) and (b) above which may be counted towards the discharge of the renewable transport fuel obligation, and advanced biofuel obligation respectively for that period.

  • (d) the renewable transport fuel obligation certificates (if any) held that may be counted towards the contributions specified in 44C (4) (b) and (c).

• (2) For the purposes of subsection (1)(c), each certificate shall have a value equivalent to one megajoule of the specified amount calculated in accordance with section 44C(3) for the purpose of determining the renewable transport fuel obligation.”.

• (iv) by substituting paragraph (c) of subsection (6) with the following:

• “(c) For obligation periods beginning on or after 1 January 2020, a certificate referred to in paragraph (a) and (b) may not be counted towards the discharge of more than 15 per cent of the amount of the obligation notified to the obligated party under subsection (1) in respect of that subsequent obligation period.”.

• (v) by the insertion of the following after subsection (6)(c):

• “(d) for obligation periods beginning on or after 1 January 2023, the Minister may also make regulations to specify a percentage (lower than 15 per cent) amount of certificates which may be counted against that obligation period, when considering the amount of buyout price for discharge of the obligations by payment under Section 44J (5) under this Part.

• (e) for the purpose of this section, certificates in respect of the advanced biofuel obligation are not interchangeable with certificates in respect of the renewable transport fuel obligation.”.

• (k) In Section 44J –

• (i) in the heading of this section, by substituting “Discharge of renewable transport fuel obligation or advanced biofuel obligation by payment” for “Discharge of biofuel obligation by payment”.

• (ii) by substituting “renewable transport fuel” for “biofuel” in each place that it occurs;

• (iii) in subsection (1), by the substitution of “megajoule” for “litre”;

• (iv) by substituting paragraph (a)(iii) of subsection (5) with the following:

• “(iii) the level of the buy-out price required in order for the renewable transport fuel obligation or advanced biofuel obligation to operate effectively;”.

• (v) by the substitution of “,” for “.”at the end of paragraph (c) of subsection (5);

• (vi) by the insertion of the following after paragraph (c) of subsection (5) -

• “(d) the provisions and conditions specified in subsection (5) of this section, concerning a buy-out price relating to the renewable transport fuel obligation, and a separate amount of buy-out price with respect to the advanced biofuel obligation.”.

• (vii) in subsection (7) paragraph (a)(ii), by the substitution after “shall” of “publish a draft of the proposed regulations” for “give not less than 3 months notice of the proposed regulations.”.

• (l) in sections 44 K to 44 X -

• (i) by the substitution of “renewable transport fuel” for “biofuel” in each place that it occurs, including in the headings of these sections.

• (2) Notwithstanding paragraph (1)(e), no new Order shall be made under section 44D of the Act that will commence before 1 January 2023, in accordance with the National Oil Reserves Agency Act 2007 (Biofuel Obligation Rate) Order 2022 (S.I. No. 21/2022).

• (3) Notwithstanding paragraph (1)(k), no new Order shall be made under section 44J of the Act that will commence before 1 January 2023, in accordance with the National Oil Reserves Agency Act 2007 (Biofuel Obligation Buy-out Charge) (Amendment) Regulations 2022 (S.I. No. 225/2022).

Amendment of the Regulations of 2012

• (a) in Regulation 2(1) –

• (i) by substituting “ ‘Regulations of 2022’ means European Union (Renewable Energy) Regulations (2) 2022 (S.I. No. 350 of 2022).” for “ ‘Regulations of 2014’ means European Union (Renewable Energy) Regulations 2014 ( S.I. No. 483 of 2014 )”;

• (ii) by substituting “Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources” for “Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 as amended by Directive (EU) 2015/1513 of the European Parliament and of the Council of 9 September 2015”;

• (iii) by inserting before the definition of “Regulations of 2022” the following:

“ ‘national scheme’ means a means a national scheme recognised by the European Commission in accordance with Article 30(6) of the Directive”;

• (iv) by inserting after the definition of “Agency” the following:

“ ‘renewable transport fuel’ means liquid or gaseous fuel for transport, including:

• (a) Biofuels

• (b) Biogas

• (c) Recycled carbon fuels

• (d) Advanced biofuel

• (e) renewable liquid and gaseous transport fuel of non-biological origin;

‘biogas’ means gaseous fuels produced from biomass;

‘Recycled carbon fuels’ means liquid and gaseous fuels that are produced from liquid or solid waste or solid waste streams of non-renewable origin which are not suitable for material recovery in accordance with Article 4 of Directive 2008/98/EC, or from waste processing gas and exhaust gas of non-renewable origin which are produced as an unavoidable and unintentional consequence of the production process in industrial installations;

‘Advanced biofuels’ mean renewable transport fuels that are produced from the feedstock listed in Part A of Annex IX of the Directive;

‘renewable liquid and gaseous transport fuels of non-biological origin’ means liquid or gaseous fuels which are used in the transport sector other than renewable transport fuels or biogas, the energy content of which is derived from renewable sources other than biomass’

‘renewable transport fuel obligation’ has the meaning assigned by section 44C of the Act;

‘renewable transport fuel obligation account’ means an account held under section 44E of the Act by an obligated party, renewable transport fuel producer or renewable transport fuel supplier and references to ‘renewable transport fuel obligation account holder’ shall be construed accordingly;

‘renewable transport fuel producer’ means a person who produces renewable transport fuel for his or her own use or for sale;

‘relevant disposal of renewable transport fuel’ has the meaning assigned by section 44N of the Act”;

• (v) by the deletion of the following definitions:

‘biofuel obligation’ has the meaning assigned to it by section 44C of the Act;

‘biofuel obligation account’ has the meaning assigned to it under section 44E of the Act and references to ‘biofuel obligation account holder’ shall be construed accordingly;

‘biofuel producer’ means a person who produces biofuel for his or her own use or for sale;

‘disposal of biofuel’ means a relevant disposal of biofuel (within the meaning of section 44N of the Act).”.

• (b) in Regulation 3, by substituting “renewable transport fuel” for “biofuel” in each place that it occurs.

• (c) in Regulation 4 –

• (i) by substituting “renewable transport fuel” for “biofuel” in each place that it occurs;

• (ii) by substituting for paragraph (1) the following:

• “(1) The Agency shall establish a procedure by which renewable transport fuel obligation account holders may demonstrate compliance with the sustainability and greenhouse gas emissions savings criteria for renewable transport fuels referred to in Regulation 6 of the Regulations of 2022 in respect of which renewable transport fuels obligation certificates are being applied for”.”

• (iii) by inserting the following paragraph after paragraph (1):

• “(1A) The Agency may, with the consent of the Minister, arrange for a national scheme for demonstrating that renewable transport fuels in respect of which renewable transport fuel obligation certificates are being applied for comply with the sustainability and greenhouse gas emissions savings criteria referred to in Regulation 6 of the Regulations of 2022”.

• (iv) by the substitution of “under Article 30” for “under Article 18” in paragraph (3)

• (v) by the substitution of “Annex IX of the Directive” for “Schedule 5 of the Regulations of 2014” in paragraph (4)

• (d) in Regulation 5 -

• (i) by substituting for paragraph (1) the following:

• “(1) A renewable transport fuel obligation account holder, in seeking to comply with section 44G(4) of the Act, shall furnish to the Agency a statement of compliance with sustainability and greenhouse gas emissions savings criteria referred to in Regulation 6 of the Regulations of 2022, specifying which of the following methods has been utilised with respect to each disposal of renewable transport fuel:

  • (a) through compliance with a national scheme arranged by the Agency under Regulation 4(1A),

  • (b) through compliance with a national scheme set up by another Member State, or

  • (c) through a voluntary scheme.”

• (ii) by substituting for paragraph (1A) the following:

• “(1A) When a renewable transport fuel obligation account holder provides proof or data obtained in accordance with an agreement or scheme as described in subparagraph (b) or (c) of paragraph (1), to the extent covered by that scheme, he or she shall not be required to provide further evidence of compliance with the sustainability criteria set out in Schedule 3 to the Regulations of 2022 or information on measures referred to Regulation 6(1)(d).”

• (iii) by substituting for paragraph (2) the following:

• “(2) A renewable transport fuel obligation account holder shall report compliance with the sustainability and greenhouse gas emissions savings criteria referred to in Schedule 3 of the Regulations of 2022 in accordance with a mass balance system that -

  • (a) allows consignments of raw material or fuels with differing sustainability and greenhouse gas emissions saving characteristics to be mixed for instance in a container, processing or logistical facility, transmission and distribution infrastructure or site,

  • (b) allows consignments of raw material with differing energy content to be mixed for the purposes of further processing, provided that the size of consignments is adjusted according to their energy content,

  • (c) requires information about the sustainability and greenhouse gas emissions saving characteristics and sizes of the consignments referred to in subparagraph (a) to remain assigned to the mixture, and

  • (d) provides for the sum of all consignments withdrawn from the mixture to be described as having the same sustainability characteristics, in the same quantities, as the sum of all consignments added to the mixture and requires that this balance be achieved over an appropriate period of time.”

• (iv) by inserting after paragraph (2):

• “(3) The mass balance system referred to in paragraph (2) shall contain information on whether support has been provided for the production of that consignment, and if so, on the type of support system.

• (4) Where a consignment is processed, information on the sustainability and greenhouse gas emissions saving characteristics of the consignment shall be adjusted and assigned to the output in accordance with the following rules -

  • (a) when the processing of a consignment of raw material yields only one output that is intended for the production of renewable transport fuels, the size of the consignment and the related quantities of sustainability and greenhouse gas emissions saving characteristics shall be adjusted applying a conversion factor representing the ratio between the mass of the output that is intended for such production and the mass of the raw material entering the process, and,

  • (b) when the processing of a consignment of raw material yields more than one output that is intended for the production of renewable transport fuels, for each output a separate conversion factor shall be applied and a separate mass balance shall be used.”

• (e) in Regulation 6 -

• (i) by substituting “renewable transport fuel” for “biofuel” in each place that it occurs;

• (ii) by substituting for subparagraph (a) the following:

• “(a) whether the greenhouse gas emissions savings referred to in paragraph (7) of Schedule 3 of the Regulations of 2022 are being calculated by reference to subparagraph (a), (b), (c) or (d) of paragraph (8) of Schedule 3 of the Regulations of 2022.”

• (iii) by substituting for subparagraph (e) the following:

• “(e) whether the bonus referred to in Annex IV, part C, points 7 and 8 of the Directive of 1998 has been used in the greenhouse gas calculation referred to in Annex IV, part C, point 1 of Directive 98/70/EC for the consignment”.

• (iv) by substituting for subparagraph (f) the following: