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

• “(f) whether the factor for emissions savings from soil carbon accumulation via improved agricultural management referred to in Annex IV, part C, point 1 of the Directive of 1998 has been used in the greenhouse gas calculation referred to in the same paragraph for the consignment,

and 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 the procedure referred to in Regulation 4;

- (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 of the European Union;

- (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 recognized by the European Commission to contain accurate data on the greenhouse gas emissions savings referred to in paragraphs (7) and (8) of Schedule 3 and the sustainability criteria referred to in paragraphs (1) to (6) of Schedule 3 of the Regulations of 2022;

- (iv) a statement, and evidence in support thereof, that the consignment has been certified or accepted as fulfilling the requirements of a bilateral or multilateral agreement that has been concluded by the European Community, in accordance with the first subparagraph of Article 7c(4) of the Directive of 1998, as containing accurate data for the purposes of information on measures taken for soil, water and air protection, the restoration of degraded land, the avoidance of excessive water consumption in areas where water is scarce and/or to take into account the issues referred in the second subparagraph of Article 7b(7) of the Directive of 1998;

- (v) 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, in accordance with the second subparagraph of Article 7c(4) of the Directive of 1998, as containing accurate data for the purposes of information on measures taken for soil, water and air protection, the restoration of degraded land, the avoidance of excessive water consumption in areas where water is scarce and/or to take into account the issues referred to the second subparagraph of Article 7b(7) of the Directive of 1998.”.

• (v) by inserting after subparagraph (f) the following:

• “(g) details of measures taken to comply with the sustainability criteria set out in paragraphs (1) to (6) of Schedule 3 of the Regulations of 2022;

• (h) 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.”.

• (vi) in Regulation 6(2), by substituting “Insofar as they relate to the Directive of 1998, paragraphs (1)(e) and (f) shall not apply where renewable transport fuel has been produced from waste and residues” for “Paragraphs 1(e) and (f) shall not apply where biofuel has been produced from wastes and residues”.

• (f) in Regulation 7 –

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

• (ii) by inserting the follow Regulations after Regulation 7D -

“7E (1) For the purposes of Regulation 5(1), the Agency shall satisfy itself that the information supplied to it by an account holder under an application under Section 44G of the Act complies with the obligation on an economic operator under the first and fourth subparagraphs of Article 25 (1) of the Directive, pursuant to Article 29.

7F (1) The renewable transport fuel obligation account holder, as the obligated party pursuant to the first and fourth subparagraphs of Article 25 (1) of the Directive, pursuant to Article 29 shall enter the information into the Union database referred to in Article 28 (2) of the Directive.

7G (1) The function concerning supervision of certification bodies as prescribed under the Directive for the purposes of the first and fourth subparagraphs of Article 25 (1) of the Directive pursuant to Article 29 is conferred on the Agency.

• (2) Within the State’s remit as set out under Article 17 of Implementing Act 2022/996⁶ and as referred to in Article 30 (8) of the Directive, the Agency shall establish and maintain a process for supervising certification bodies, and shall supervise the operation of certification bodies that are conducting independent auditing under voluntary schemes.

• (3) A certification body referred to in paragraph (1) shall submit, upon the request of the Agency, all relevant information necessary to supervise its activities with respect to the independent audit of account holders in meeting the obligation of the first and fourth subparagraphs of Article 25 (1) of the Directive, pursuant to Article 29.

• (4) Where the Agency finds issues of non-conformity, they shall inform the relevant voluntary scheme without delay.”

• (g) In Regulation 8, by substituting “renewable transport fuel” for “biofuel” in each place that it occurs.

Supervision of the operation of certification bodies for biomass fuels

• (2) A certification body for a voluntary scheme referred to in paragraph (1) shall submit, upon the request of the SEAI, all relevant information necessary to supervise the operation, including the exact date, time and location of audits.

• (3) Where the SEAI finds issues of non-conformity, they shall inform the voluntary scheme without delay.

Supervision of the operation of certification bodies for bioliquids

• (2) A certification body for a voluntary scheme referred to in paragraph (1) shall submit, upon the request of the competent authority, all relevant information necessary to supervise the operation, including the exact date, time and location of audits.

• (3) Where the competent authority finds issues of non-conformity, they shall inform the voluntary scheme without delay.

Amendment of the Regulations of 2022

“The Commission shall take all steps necessary to give effect to paragraphs (1) and (2).”.

Conferral of vires on SEAI

• (a) to verify that participants in a support scheme or renewable energy obligation have demonstrated that biomass fuels fulfil the sustainability and greenhouse gas emissions savings criteria set out in these Regulations.

Single contact point

• (2) The SEAI shall, upon request by the applicant, provide guidance to them throughout the administrative permit application and granting process referred to in paragraph (1). Such guidance shall include information on:

• (i) the consideration and granting of consent by a relevant planning authority;

• (ii) the issuance of a licence to generate and authorisation to construct by a regulatory authority; and

• (iii) the issuance of a grid connection offer by the relevant system operator.

This Regulation does not confer on the SEAI a role in the decision-making processes and any guidance given by the SEAI shall not be considered as the advice of the SEAI.

• (3) The SEAI shall make available a manual of procedures for developers of renewable energy production projects, addressing distinctly small-scale projects and renewables self-consumers projects.

• (4) Applicants shall be allowed to submit relevant documents in digital form.

Supervision and issuance of guarantees of origin for electricity

• (2) Guarantees of origin for electricity shall be issued by SEMO in accordance with the supervisory framework referred to in paragraph (1).

• (3) The Commission and SEMO shall ensure that guarantees of origin for electricity are accurate, reliable and fraud-resistant.

• (4) SEMO shall report annually to the Commission on the operation of system for the issuance, registration, transfer and cancellation of guarantees of origin for electricity.

• (5) The framework referred to in paragraph (1) shall provide for, but shall not be limited to, the management of the system for the issuance, registration, transfer and cancellation of guarantees of origin for electricity and shall comply with the standard CEN – EN 16325 to the extent that it applies to electricity produced from renewable energy.

• (6) The Commission may amend the framework referred to in paragraph (1) from time to time.

Supervision and issuance of guarantees of origin for gas

• (2) The Commission, after consultation with GNI and other relevant persons, shall design as it sees fit, establish and publish a supervisory framework for the issuance, registration, transfer and cancellation by electronic means, of guarantees of origin for gas to producers of gas from renewable sources, which is delivered to the transportation system.

• (3) The Commission and GNI shall ensure that guarantees of origin for gas are accurate, reliable and fraud-resistant and that guarantees of origin for gas from renewable sources and the supervisory framework for guarantees of origin for gas comply with the standard CEN - EN 16325 to the extent that it is applicable to gas from renewable sources.

• (4) GNI shall report annually to the Commission on the operation of system for the issuance, registration, transfer, and cancellation of guarantees of origin for gas.

• (5) The framework referred to in paragraph (2) shall provide for, but shall not be limited to, the management of the system for the issuance, registration, transfer, and cancellation of guarantees of origin for gas.

• (6) The Commission may amend the framework referred to in paragraph (2) from time to time.

Functions of the guarantee of origin

• (2) The Commission may introduce and, from to time, amend objective, transparent and non-discriminatory criteria for -

• (i) the use of guarantees of origin for electricity in complying with the obligations laid down in point 5 of Annex I of the Internal Market for Electricity Directive, or

• (ii) the use of guarantees of origin for gas for the purposes of the provision by any gas supplier, in bills or promotional materials sent to its final customers, of information in respect of the contribution of each energy source to the overall fuel mix of the supplier concerned.

• (3) An electricity supplier shall use a guarantee of origin for electricity for the purpose of making the disclosure of electricity from renewable sources to final customers referred to in point 5 of Annex I of the Internal Market for Electricity Directive, except as regards the share of its energy mix corresponding to non-tracked commercial offers, if any, for which the electricity supplier may use the residual mix.

• (4) The Commission shall ensure that an electricity or gas supplier shall use a guarantee of origin to demonstrate to final customers the share or quantity of electricity or gas from renewable sources in an electricity or gas supplier’s energy mix and in the electricity or gas supplied to consumers under contracts marketed with reference to the consumption of energy from renewable sources.

• (5) A gas supplier or electricity supplier shall use the information contained in a guarantee of origin to demonstrate compliance with the requirements of any Union-wide green label introduced on foot of the provisions of Article 19(13) of the Directive.

Eligibility and characteristics of a guarantee of origin

• (2) No more than one guarantee of origin for electricity or for gas shall be issued in respect of each renewable energy unit.

• (3) The same renewable energy unit shall be taken into account only once.

• (4) Where a PSO generator receives a guarantee of origin for electricity for a renewable energy unit, no support scheme payment for the same unit of electricity shall be made.

• (5) Where a producer receives a guarantee of origin for gas for a renewable energy unit, the market value of that guarantee of origin for gas shall be taken into account appropriately in any support scheme applicable to that renewable energy unit provided that:

• (a) it shall be presumed that the market value of the guarantee of origin for gas has been taken into account appropriately in any of the cases specified in the fourth paragraph of Article 19(2) of the Directive;

• (b) the supervisory framework for guarantees of origin for renewable gas may provide for the issue and immediate cancellation of a guarantee of origin for the purposes of taking into account its market value.

• (6) For the purposes of paragraphs (3) and (4) of Regulation 27, guarantees of origin for electricity or for gas shall be valid for 12 months after the production of the relevant renewable energy unit.

• (7) Guarantees of origin for electricity or for gas that have not been cancelled shall expire at the latest 18 months after the production of the renewable energy unit.

• (8) SEMO shall ensure that expired guarantees of origin for electricity are included in the calculation of the residual energy mix.

• (9) GNI shall ensure that expired guarantees of origin for gas from renewable sources shall be included in the calculation of the residual energy mix.

• (10) For the purpose of paragraph (3) of Regulation 26, SEMO, acting in accordance with the framework referred to in paragraph (1) of Regulation 24, shall ensure that energy companies cancel guarantees of origin for electricity at the latest six months after the end of the validity of the guarantee of origin for electricity.

• (11) A guarantee of origin for electricity or for gas shall be of no effect once it has been used.

• (12) A guarantee of origin for electricity or for gas shall specify at least:

• (a) that the guarantee of origin for electricity or for gas relates to electricity from renewable sources,

• (b) the energy source from which the electricity or gas was produced and the start and end dates of production,

• (c) the identity, location, type and capacity of the installation where the electricity was produced,

• (d) whether the installation has benefitted from investment support and whether the unit of energy has benefited in any other way from a national support scheme and the type of support scheme,

• (e) the date and country of issue and a unique identification number, and

• (f) the date on which the installation became operational.

• (13) Notwithstanding paragraph (12), the Commission, in designing and establishing the framework referred to in Regulations 24(1) and 25(2), may decide that simplified information may be specified on guarantees of origin for electricity from installations less than 50 kW.

Request for issue of guarantee of origin from electricity and information required

• (2) A guarantee of origin for gas shall be issued by GNI in response to a request from a producer of gas from renewable sources which is delivered to the transportation system.

• (3) A guarantee of origin for electricity may not be requested for electricity generated outside the State.

• (4) A guarantee of origin for gas may not be requested for gas produced outside the State.

• (5) A request for the issuance of a guarantee of origin for electricity or for gas shall not, in the case of electricity, be considered properly made until SEMO, or the case of gas, be considered properly made until GNI, has been provided with at least the following information from the applicant -

• (a) the energy source from which the electricity or gas was generated,

• (b) the start and end dates of generation or production covered by the request,

• (c) the name, address, location, type and capacity of the installation where the energy was generated or produced,

• (d) whether the installation has benefited from investment support,

• (e) whether the unit of energy has benefited in any other way from a support scheme, and the type of support scheme, and

• (f) the date on which the installation became operational.

• (6) SEMO may request further information from a requester for the purpose of determining eligibility for the guarantee of origin for electricity and ascertaining the accuracy of the information submitted in accordance with paragraph (5).

• (7) GNI may request further information from a requester for the purpose of determining eligibility for the guarantee of origin for gas and ascertaining the accuracy of the information submitted in accordance with paragraph (5).

• (8) SEMO shall, in accordance with the supervisory framework, establish and maintain an electronic register of issued guarantees of origin for electricity which shall include, at a minimum, the following information:

• (a) the date of issue of the guarantee of origin for electricity;

• (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 for electricity;

• (d) the energy source or sources from which the electricity to which the guarantee of origin for electricity relates was generated;

• (e) the start and end dates of generation to which the guarantee of origin for electricity relates;

• (f) the type and capacity of the installation where the energy was generated to which the guarantee of origin for electricity relates;

• (g) where the guarantee of origin for electricity 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) where a guarantee of origin for electricity has been issued to a PSO generator, a statement to this effect;

• (i) a list of any guarantees of origin for electricity revoked pursuant to Regulation 29.

• (9) SEMO may refuse a request for a guarantee of origin for electricity where -

• (a) it is not satisfied that the requester is a generator of electricity from renewable sources, and

• (b) the application is incomplete or ineligible.

• (10) GNI shall, in accordance with the supervisory framework for gas from renewable sources, establish an electronic register of issued guarantees of origin for gas from renewable sources which shall include, at a minimum, the following information:

• (a) the date of issue of the guarantee of origin for gas from renewable sources;

• (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 for gas from renewable sources;

• (d) the energy source or sources from which the gas to which the guarantee of origin for gas from renewable sources relates was produced;

• (e) the start and end dates of production to which the guarantee of origin for gas from renewable sources relates;

• (f) the type and capacity of the installation where the energy was produced to which the guarantee of origin for gas from renewable sources relates;

• (g) where the guarantee of origin for gas from renewable sources 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) where a guarantee of origin for gas from renewable sources has been issued for a renewable energy unit in respect of which financial support from a support scheme is received, a statement to this effect;

• (i) a list of any guarantees of origin for gas from renewable sources revoked pursuant to Regulation 29.

• (11) GNI may refuse a request for a guarantee of origin where—

• (a) it is not satisfied that the requester is a producer of gas from renewable sources, and

• (b) the application is incomplete or ineligible.

Revocation of a guarantee of origin

• (a) it is satisfied that the information provided in accordance with paragraphs (5) and (6) of Regulation 28 and on the basis on which that guarantee of origin for electricity was issued is substantively incorrect,

• (b) it is satisfied that the guarantee of origin for electricity was issued on the basis of any fraudulent behaviour, statement or undertaking, or

• (c) it is satisfied for another stated reason that the guarantee of origin for electricity should not have been issued, is inaccurate or was issued to the wrong person.

• (2) SEMO shall give notice in writing as soon as is practicable to a holder of guarantee of origin for electricity that it has been revoked.

• (3) GNI, after consulting with the Commission, may revoke a guarantee of origin for gas where:

• (a) it is satisfied that the information provided in accordance with paragraphs (5) and (7) of Regulation 28 and on the basis on which that guarantee of origin for gas was issued is substantively incorrect,

• (b) it is satisfied that the guarantee of origin was issued on the basis of any fraudulent behaviour, statement or undertaking, or

• (c) it is satisfied for another stated reason that the guarantee of origin for gas should not have been issued, is inaccurate or was issued to the wrong person.

• (4) GNI shall give notice in writing as soon as is practicable to a holder of guarantee of origin for gas from renewable sources that it has been revoked.

Recognition of guarantees of origin

• (2) The supervisory framework for gas from renewable sources established by the Commission under paragraph (2) of Regulation 25 shall provide for the recognition of guarantees of origin for gas issued by other Member States in accordance with Article 19(9) of the Directive.

• (3) SEMO, acting in accordance with the supervisory framework established by the Commission under paragraph (1) of Regulation 24, may refuse to recognise a guarantee of origin for electricity issued by another Member State only where it has well-founded doubts about the accuracy, reliability or veracity of the guarantee of origin and in such a case shall notify the Minister and the European Commission of such a refusal and its justification.

• (4) GNI, acting in accordance with the supervisory framework established by the Commission under paragraph (2) of Regulation 25, may refuse to recognise a guarantee or origin for gas issued by another Member State only where it has well-founded doubts about the accuracy, reliability or veracity of the guarantee of origin and in such a case shall notify the Minister and the European Commission of such a refusal and its justification.

• (5) SEMO, acting in accordance with the supervisory framework established by the Commission under paragraph (1) of Regulation 24, shall not recognise guarantees of origins for electricity issued by a third country except where –

• (a) the European Union has concluded an agreement with that third country on mutual recognition of guarantees of origin issued in the Union and compatible guarantees of origin systems established in that third country, and

• (b) only where there is direct import or export of energy.

• (6) GNI, acting in accordance with the supervisory framework established by the Commission under paragraph (2) of Regulation 25, shall not recognise guarantees of origins for gas issued by a third country except where -

• (a) the European Union has concluded an agreement with that third country on mutual recognition of guarantees of origin issued in the Union and compatible guarantees of origin systems established in that third country, and

• (b) only where there is direct import or export of energy.

Recoupment of costs

• (2) The issuance, transfer, or cancellation of a guarantee of origin for gas under these Regulations may be accompanied by the imposition of such reasonable and proportionate fee, if any, as is determined appropriate by GNI and approved by the Commission to cover administrative costs.

• (3) SEMO shall make information on the fee referred to in paragraph (1) publicly available.

• (4) GNI shall make information on the fee referred to in paragraph (2) publicly available.

Guarantee of origin for high efficiency CHP

• (2) Notwithstanding paragraph (1), where electricity is generated from high-efficiency cogeneration using renewable sources, only one guarantee of origin specifying the information referred to in paragraph (15) of Regulation 26 of the Energy Efficiency Regulations and paragraph (12) of Regulation 24 may be issued.

District Heating and Cooling

• (2) If, in the opinion of the Commission, the supplier is not satisfactorily complying with the requirements of paragraph (1), it may issue a direction to the supplier, specifying the remedial actions the supplier shall take and the period of time for compliance with the direction.

• (3) The supplier may make representations to the Commission, within a period of 30 days beginning on the day on which the direction is served on it.

• (4) On receiving representations (if any) under paragraph (3), the Commission shall consider them and reply to the supplier, not later than 60 days after such receipt.

• (5) A supplier that is aggrieved by a direction under paragraph (2) may –

• (a) if no representations are made under paragraph (3), within the period of 30 days beginning on the day on which the direction is issued to it, or

• (b) if representations are made under paragraph (3), within the period of 30 days beginning on the day on which notification of the reply is served on it, appeal to the High Court against the direction and, in determining the appeal, the judge may make any order he or she considers appropriate, including confirming the direction, with or without modification, or cancelling the direction.

• (6) Where a supplier fails to comply in full with a direction under paragraph (2) within the period specified or fails to cooperate with the Commission with regard to the direction, the Regulator may apply to the High Court for an order directing the supplier to comply with the direction or to cooperate.

• (7) Where the Commission issues a direction under these Regulations, it shall be in writing, state the reasons on which the direction or determination is based and be addressed to the appropriate supplier concerned, and as soon as practicable, be sent or given in any of the following ways—

• (a) by delivering it to the supplier,

• (b) by leaving it at the address at which the supplier carries on business,

• (c) by sending it by pre-paid registered post to the address at which the supplier carries on business,

• (d) if an address for the service of directions or determinations has been furnished by the supplier to the Commission by leaving it at, or sending it by pre-paid registered post to, that address, or

• (e) where in the case of a direction, the Commission considers that the immediate giving of the direction is required, by sending it, by means of a facsimile machine or by electronic mail, to a device or facility for the reception of facsimiles or electronic mail located at the address at which the supplier ordinarily carries on business or, if an address for the service of notices has been furnished by the supplier, at that address, but only if—

• (i) the sender’s facsimile machine generates a message confirming successful transmission of the total number of pages of the direction, or

• (ii) the recipient’s facility for the reception of electronic mail generates a message confirming receipt of the electronic mail,

and the direction is also given under any of the above subparagraphs.

• (8) For the purposes of paragraph (7), a company is deemed to be carrying on business at its registered office and every other body corporate and every unincorporated body is deemed to be carrying on business at its principal office or place of business.

Revocation and continuance

• (2) Notwithstanding paragraph (1) -

• (a) Regulation 15 of European Union (Renewable Energy) Regulations 2014 (S.I. 483 of 2014) shall continue in force, insofar as it necessary to enable the fulfilment of the obligations of the State as laid down in Article 3(1) and set out in Part A of Annex I to Directive 2009/28/EC,

• (b) Regulations 2, 24, 25 and 26 of the European Union (Renewable Energy) Regulations 2014 (S.I. 483 of 2014) shall continue in force, and

Regulations 17, 18, 19, 20, 21 and 22 and Schedule 3 and 4 European Union (Renewable Energy) Regulations 2014 (S.I. 483 of 2014) shall continue in force until 31 December 2022.

SCHEDULE 1 – Calculation of RES Share

1.

• (a) gross final consumption of electricity from renewable sources;

• (b) gross final consumption of energy from renewable sources in the heating and cooling sector; and

• (c) final consumption of energy from renewable sources in the transport sector.

With regard to paragraph 1(a), (b), or (c), gas, electricity and hydrogen from renewable sources shall be considered only once for the purposes of calculating the share of gross final consumption of energy from renewable sources.

With regard to paragraph 1(a), (b), or (c) only biofuels, bioliquids and biomass fuels that fulfil the sustainability and greenhouse gas emissions saving criteria referred to in Regulation 6 shall be taken into account for the purpose of calculating the share of gross final consumption of energy from renewable sources.

2.

In multi-fuel plants using renewable and non-renewable sources, only the part of electricity produced from renewable sources shall be taken into account. For the purposes of that calculation, the contribution of each energy source shall be calculated on the basis of its energy content.

The electricity generated by hydropower shall be accounted for in accordance with the following normalisation rules:

where:

N = reference year;

QN(norm) = normalised electricity generated by all hydropower plants of the Member State in year N, for accounting purposes;

Qi = the quantity of electricity actually generated in year i by all hydropower plants of the Member State measured in GWh, excluding production from pumped storage units using water that has previously been pumped uphill;

Ci = the total installed capacity, net of pumped storage, of all hydropower plants of the Member State at the end of year i, measured in MW.

The electricity generated by wind power shall be accounted for in accordance with the following normalisation rules:

where:

N = reference year;

QN(norm) = normalised electricity generated by all wind power plants of the Member State in year N, for accounting purposes;

Qi = the quantity of electricity actually generated in year i by all wind power plants of the Member State measured in GWh;

Ci = the total installed capacity of all the wind power plants of the Member State at the end of year j, measured in MW;

n = 4 or the number of years preceding year N for which capacity and production data are available for the Member State in question, whichever is lower.

3.

In multi-fuel plants using renewable and non-renewable sources, only the part of heating and cooling produced from renewable sources shall be taken into account. For the purposes of that calculation, the contribution of each energy source shall be calculated on the basis of its energy content.

Ambient and geothermal energy used for heating and cooling by means of heat pumps and district cooling systems shall be taken into account for the purposes of paragraph 1(b) provided that the final energy output significantly exceeds the primary energy input required to drive the heat pumps.

The quantity of heat or cold to be considered to be energy from renewable sources for the purposes of these Regulations shall be calculated in accordance with the methodology set out in the following paragraph and shall take into account energy use in all end-use sectors.

The amount of aerothermal, geothermal or hydrothermal energy captured by heat pumps to be considered to be energy from renewable sources for the purposes of these Regulations, ERES, shall be calculated in accordance with the following formula:

where:

Qusable = the estimated total usable heat delivered by heat pumps fulfilling the criteria referred to 3^rd paragraph above, implemented as follows: Only heat pumps for which SPF > 1.15 * 1/η shall be taken into account;

SPF = the estimated average seasonal performance factor for these heat pumps;

η is the ratio between total gross production of electricity and the primary energy consumption for electricity production and shall be calculated as an EU average based on Eurostat data.

Thermal energy generated by passive energy systems, under which lower energy consumption is achieved passively through building design or from heat generated by energy from non-renewable sources, shall not be taken into account for the purposes of paragraph 1(b).

4.

• (a) Gross final consumption of energy from renewable sources in the transport sector shall be calculated as the sum of all biofuels, biomass fuels and renewable liquid and gaseous transport fuels of non-biological origin consumed in the transport sector. However, renewable liquid and gaseous transport fuels of non-biological origin that are produced from renewable electricity shall be considered to be part of the calculation pursuant to paragraph 1(c) only when calculating the quantity of electricity produced in a Member State from renewable sources.

• (b) The greenhouse gas emissions savings from the use of renewable liquid and gaseous transport fuels of non-biological origin shall be at least 70% from 1 January 2021.

• (c) for the calculation of final consumption of energy in the transport sector, the following values regarding the energy content of transport fuels shall be used:

Fuel	Energy content by weight (lower calorific value, MJ/kg)	Energy content by volume (lower calorific value, MJ/l)
FUELS FROM BIOMASS AND/OR BIOMASS PROCESSING OPERATIONS	FUELS FROM BIOMASS AND/OR BIOMASS PROCESSING OPERATIONS	FUELS FROM BIOMASS AND/OR BIOMASS PROCESSING OPERATIONS
Bio-Propane	46	24
Pure vegetable oil (oil produced from oil plants through pressing, extraction or comparable procedures, crude or refined but chemically unmodified)	37	34
Biodiesel - fatty acid methyl ester (methyl-ester produced from oil of biomass origin)	37	33
Biodiesel - fatty acid ethyl ester (ethyl-ester produced from oil of biomass origin)	38	34
Biogas that can be purified to natural gas quality	50	—
Hydrotreated (thermochemically treated with hydrogen) oil of biomass origin, to be used for replacement of diesel	44	34
Hydrotreated (thermochemically treated with hydrogen) oil of biomass origin, to be used for replacement of petrol	45	30
Hydrotreated (thermochemically treated with hydrogen) oil of biomass origin, to be used for replacement of jet fuel	44	34
Hydrotreated oil (thermochemically treated with hydrogen) of biomass origin, to be used for replacement of liquefied petroleum gas	46	24
Co-processed oil (processed in a refinery simultaneously with fossil fuel) of biomass or pyrolysed biomass origin to be used for replacement of diesel	43	36
Co-processed oil (processed in a refinery simultaneously with fossil fuel) of biomass or pyrolysed biomass origin, to be used to replace petrol	44	32
Co-processed oil (processed in a refinery simultaneously with fossil fuel) of biomass or pyrolysed biomass origin, to be used to replace jet fuel	43	33
Co-processed oil (processed in a refinery simultaneously with fossil fuel) of biomass or pyrolysed biomass origin, to be used to replace liquefied petroleum gas	46	23
RENEWABLE FUELS THAT CAN BE PRODUCED FROM VARIOUS RENEWABLE SOURCES, INCLUDING BIOMASS	RENEWABLE FUELS THAT CAN BE PRODUCED FROM VARIOUS RENEWABLE SOURCES, INCLUDING BIOMASS	RENEWABLE FUELS THAT CAN BE PRODUCED FROM VARIOUS RENEWABLE SOURCES, INCLUDING BIOMASS
Methanol from renewable sources	20	16
Ethanol from renewable sources	27	21
Propanol from renewable sources	31	25
Butanol from renewable sources	33	27
Fischer-Tropsch diesel (a synthetic hydrocarbon or mixture of synthetic hydrocarbons to be used for replacement of diesel)	44	34
Fischer-Tropsch petrol (a synthetic hydrocarbon or mixture of synthetic hydrocarbons produced from biomass, to be used for replacement of petrol)	44	33
Fischer-Tropsch jet fuel (a synthetic hydrocarbon or mixture of synthetic hydrocarbons produced from biomass, to be used for replacement of jet fuel)	44	33
Fischer-Tropsch liquefied petroleum gas (a synthetic hydrocarbon or mixture of synthetic hydrocarbons, to be used for replacement of liquefied petroleum gas	46	24
DME (dimethylether)	28	19
Hydrogen from renewable sources	120	—
ETBE (ethyl-tertio-butyl-ether produced on the basis of ethanol)	36 (of which 37 % from renewable sources)	27 (of which 37 % from renewable sources)
MTBE (methyl-tertio-butyl-ether produced on the basis of methanol)	35 (of which 22 % from renewable sources)	26 (of which 22 % from renewable sources)
TAEE (tertiary-amyl-ethyl-ether produced on the basis of ethanol)	38 (of which 29 % from renewable sources)	29 (of which 29 % from renewable sources)
TAME (tertiary-amyl-methyl-ether produced on the basis of methanol)	36 (of which 18 % from renewable sources)	28 (of which 18 % from renewable sources)
THxEE (tertiary-hexyl-ethyl-ether produced on the basis of ethanol)	38 (of which 25 % from renewable sources)	30 (of which 25 % from renewable sources)
THxME (tertiary-hexyl-methyl-ether produced on the basis of methanol)	38 of which 14 % from renewable sources)	30 (of which 14 % from renewable sources)
FOSSIL FUELS	FOSSIL FUELS	FOSSIL FUELS
Petrol	43	32
Diesel	43	36

• (d) For the determination of the energy content of transport fuels not included in subparagraph (c) the relevant European Standards Organisation standards for the determination of the calorific values of fuels shall be used. Where no ESO standard has been adopted for that purpose, the relevant International Organization for Standardization (ISO) standards shall be used.

• (e) the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from food and feed crops, shall be no more than two percent

• (f) Unless otherwise clarified in delegated acts as provided for under Article 26 (2) subparagraph (5) of the Directive, the share of high indirect land-use change-risk biofuels, bioliquids or biomass fuels produced from food and feed crops for which a significant expansion of the production area into land with high-carbon stock is observed shall not exceed -

• (i) in 2021, the level of consumption of such fuels in the State in 2019,

• (ii) from 1 January 2025 to 31 December 2030 50% of the level of consumption of such fuels in the State in 2019, and,

• (iii) from 1 January 2031, 0% of the level of consumption of such fuels in the State

unless they are certified to be low indirect land-use change-risk biofuels, bioliquids or biomass fuels pursuant to Commission Delegated Regulation (EU) 2019/807 of 13 March 2019.

5.

The amount of energy consumed in aviation shall, as a proportion of gross final consumption of energy, be considered to be no more than 6.18 per cent.

6.

The SEAI shall ensure coherence of statistical information used in calculating those sectoral and overall shares and statistical information reported to the Commission under Regulation (EC) No 1099/2008.

SCHEDULE 2 – Calculation of share of renewable energy within the final consumption of energy in the transport sector

• (a) for the calculation of the denominator, that is the energy content of road- and rail- transport fuels supplied for consumption or use on the market, petrol, diesel, natural gas, biofuels, biogas, renewable liquid and gaseous transport fuels of non-biological origin, recycled carbon fuels and electricity supplied to the road and rail transport sectors, shall be taken into account;

• (b) for the calculation of the numerator, that is the amount of energy from renewable sources consumed in the transport sector for the purposes of determining the share of renewable energy within the final consumption of energy in the transport sector, the energy content of all types of energy from renewable sources supplied to all transport sectors, including renewable electricity supplied to the road and rail transport sectors, shall be taken into account;

• (c) for the calculation of both numerator and denominator, the values regarding the energy content of transport fuels set out in Schedule 1 shall be used. For the determination of the energy content of transport fuels not included in Schedule 1, the relevant ESO standards for the determination of the calorific values of fuels shall be used. Where no ESO standard has been adopted for that purpose, the relevant ISO standards shall be used.

• (a) only biofuels, bioliquids and biomass fuels that fulfil the sustainability and greenhouse gas emissions saving criteria referred to in Regulation 6 shall be taken into account.

• (b) the energy content of renewable liquid and gaseous transport fuels of non-biological origin when used as intermediate products for the production of conventional fuels [and recycled carbon fuels] shall be taken into account

• (c) the greenhouse gas emissions savings from the use of renewable liquid and gaseous transport fuels of non-biological origin shall be at least 70% from 1 January 2021.

• (d) the share of biofuels and biogas for transport produced from the feedstock listed in Schedule 3 shall be considered to be twice its energy content;

• (e) the share of biofuels and biogas produced from the feedstock listed in Part B of Annex IX shall be limited to 1.7 % of the energy content of transport fuels supplied for consumption or use on the market by 2030 for the calculation of the RES-T;

• (f) the share of biofuels and biogas for transport from the feedstocks listed in Annex IX of the Directive may be considered to be twice its energy content;

• (g) the share of renewable electricity shall be considered to be four times its energy content when supplied to road vehicles and shall be considered to be 1.5 times its energy content when supplied to rail transport;

• (h) with the exception of fuels produced from food and feed crops, the share of fuels supplied in the aviation and maritime sectors shall be considered to be 1.2 times their energy content;

• (i) the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from food and feed crops, shall be no more than two percent;

• (j) for the calculation of gross final consumption of energy from renewable sources in the transport sector, unless otherwise clarified in delegated acts as provided for under Article 26 (2) subparagraph (5) of the Directive, the share of high indirect land-use change-risk biofuels, bioliquids or biomass fuels produced from food and feed crops for which a significant expansion of the production area into land with high-carbon stock is observed shall not exceed -

• (i) in 2021, the level of consumption of such fuels in the State in 2019,

• (ii) from 1 January 2025 to 31 December 2030, 50% of the level of consumption of such fuels in the State in 2019,

• (iii) from 1 January 2031, 0% of the level of consumption of such fuels in the State;

unless they are certified to be low indirect land-use change-risk biofuels, bioliquids or biomass fuels pursuant to Commission Delegated Regulation (EU) 2019/807 of 13 March 2019⁸ .

• (b) By way of derogation to subparagraph (a), in the case where electricity is obtained from a direct connection to an installation and supplied to road vehicles, that electricity shall be fully counted as renewable.

• (c) Where electricity is used for the production of renewable liquid and gaseous transport fuels of non-biological origin, either directly or for the production of intermediate products, the average share of electricity from renewable sources in the country of production, as measured two years before the year in question, shall be used to determine the share of renewable energy.

• (d) Electricity obtained from direct connection to an installation generating renewable electricity shall be fully counted as renewable electricity where it is used for the production of renewable liquid and gaseous transport fuels of non-biological origin, provided that the installation:

• (i) comes into operation after, or at the same time as, the installation producing the renewable liquid and gaseous transport fuels of non-biological origin; and

• (ii) is not connected to the grid or is connected to the grid but evidence can be provided that the electricity concerned has been supplied without taking electricity from the grid.

• (e) Electricity that has been taken from the grid shall be counted as fully renewable provided that it is produced exclusively from renewable sources and the renewable properties and other appropriate criteria have been demonstrated, ensuring that the renewable properties of that electricity are claimed only once and only in one end-use sector.

SCHEDULE 3 – Sustainability and greenhouse gas emissions saving criteria for biofuels, bioliquids and biomass fuels

• (a) primary forest and other wooded land, namely forest and other wooded land of native species, where there is no clearly visible indication of human activity and the ecological processes are not significantly disturbed;

• (b) highly biodiverse forest and other wooded land which is species-rich and not degraded, or has been identified as being highly biodiverse by the relevant competent authority, unless evidence is provided that the production of that raw material did not interfere with those nature protection purposes;

• (c) areas designated:

• (i) by law or by the relevant competent authority for nature protection purposes; or;

• (ii) for the protection of rare, threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the International Union for the Conservation of Nature, subject to their recognition in accordance with the first subparagraph of Article 30(4) of the Directive,

unless evidence is provided that the production of that raw material did not interfere with those nature protection purposes;

• (d) highly biodiverse grassland spanning more than one hectare that is:

• (i) natural, namely grassland that would remain grassland in the absence of human intervention and that maintains the natural species composition and ecological characteristics and processes; or

• (ii) non-natural, namely grassland that would cease to be grassland in the absence of human intervention and that is species-rich and not degraded and has been identified as being highly biodiverse by the relevant competent authority, unless evidence is provided that the harvesting of the raw material is necessary to preserve its status as highly biodiverse grassland.

• (a) wetlands, namely land that is covered with or saturated by water permanently or for a significant part of the year;

• (b) continuously forested areas, namely land spanning more than one hectare with trees higher than five metres and a canopy cover of more than 30 %, or trees able to reach those thresholds in situ;

• (c) land spanning more than one hectare with trees higher than five metres and a canopy cover of between 10 % and 30 %, or trees able to reach those thresholds in situ, unless evidence is provided that the carbon stock of the area before and after conversion is such that, when the methodology laid down in Part C of Annex V is applied, the conditions laid down in paragraph 10 of this Article would be fulfilled.

This paragraph shall not apply if, at the time the raw material was obtained, the land had the same status as it had in January 2008.

• (a) the country in which forest biomass was harvested has national or sub-national laws applicable in the area of harvest as well as monitoring and enforcement systems in place ensuring:

• (i) the legality of harvesting operations;

• (ii) forest regeneration of harvested areas;

• (iii) that areas designated by international or national law or by the relevant competent authority for nature protection purposes, including in wetlands and peatlands, are protected;

• (iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts; and

• (v) that harvesting maintains or improves the long-term production capacity of the forest;

• (b) when evidence referred to in point (a) of this paragraph is not available, the biofuels, bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 if management systems are in place at forest sourcing area level ensuring:

• (i) the legality of harvesting operations;

• (ii) forest regeneration of harvested areas;

• (iii) that areas designated by international or national law or by the relevant competent authority for nature protection purposes, including in wetlands and peatlands, are protected unless evidence is provided that the harvesting of that raw material does not interfere with those nature protection purposes;

• (iv) that harvesting is carried out considering the maintenance of soil quality and biodiversity with the aim of minimising negative impacts; and

• (v) that harvesting maintains or improves the long-term production capacity of the forest.

• (a) the country or regional economic integration organisation of origin of the forest biomass is a Party to the Paris Agreement; and:

• (i) has submitted a Nationally Determined Contribution (NDC) to the United Nations Framework Convention on Climate Change (UNFCCC), covering emissions and removals from agriculture, forestry and land use which ensures that changes in carbon stock associated with biomass harvest are accounted towards the country’s commitment to reduce or limit greenhouse gas emissions as specified in the NDC; or

• (ii) has national or sub-national laws in place, in accordance with Article 5 of the Paris Agreement, applicable in the area of harvest, to conserve and enhance carbon stocks and sinks, and providing evidence that reported LULUCF-sector emissions do not exceed removals;

• (b) where evidence referred to in point (a) of this paragraph is not available, the biofuels, bioliquids and biomass fuels produced from forest biomass shall be deemed to be compliant management systems are in place at forest sourcing area level to ensure that carbon stocks and sinks levels in the forest are maintained, or strengthened over the long term.

7.

• (a) at least 50 % for biofuels, biogas consumed in the transport sector, and bioliquids produced in installations in operation on or before 5 October 2015;

• (b) at least 60 % for biofuels, biogas consumed in the transport sector, and bioliquids produced in installations starting operation from 6 October 2015 until 31 December 2020;

• (c) at least 65 % for biofuels, biogas consumed in the transport sector, and bioliquids produced in installations starting operation from 1 January 2021;

• (d) at least 70 % for electricity, heating and cooling production from biomass fuels used in installations starting operation from 1 January 2021 until 31 December 2025, and 80 % for installations starting operation from 1 January 2026.

An installation shall be considered to be in operation once the physical production of biofuels, biogas consumed in the transport sector and bioliquids, and the physical production of heating and cooling and electricity from biomass fuels has started.

8.

• (a) where a default value for greenhouse gas emissions saving for the production pathway is laid down in Part A or B of Annex V of the Directive for biofuels and bioliquids and in Part A of Annex VI of the Directive for biomass fuels where the el value for those biofuels or bioliquids calculated in accordance with point 7 of Part C of Annex V of the Directive and for those biomass fuels calculated in accordance with point 7 of Part B of Annex VI of the Directive is equal to or less than zero, by using that default value;

• (b) by using an actual value calculated in accordance with the methodology laid down in Part C of Annex V of the Directive for biofuels and bioliquids and in Part B of Annex VI of the Directive for biomass fuels;

• (c) for bioliquids, by using a value calculated as the sum of the factors of the formulas referred to in point 1 of Part C of Annex V of the Directive, where disaggregated default values in Part D or E of Annex V of the Directive may be used for some factors, and actual values, calculated in accordance with the methodology laid down in Part C of Annex V of the Directive, are used for all other factors; or,

• (d) for biomass fuels, by using a value calculated as the sum of the factors of the formulas referred to in point 1 of Part B of Annex VI of the Directive, where disaggregated default values in Part C of Annex VI of the Directive may be used for some factors, and actual values, calculated in accordance with the methodology laid down in Part B of Annex VI of the Directive, are used for all other factors.

GIVEN under my Official Seal,

12 July, 2022.

EAMON RYAN,

Minister for the Environment,

Climate and Communications.

Footnotes