Oil Emergency Contingency and Transfer of Renewable Transport Fuel Functions Act 2023

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Oil Emergency Contingency and Transfer of Renewable Transport Fuel Functions Act 2023.

(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) The National Oil Reserves Agency Act 2007 and section 23 may be cited together as the National Oil Reserves Agency Acts 2007 and 2023 and shall be construed together as one.

PART 2 Amendment of National Oil Reserves Agency Act 2007

2. Definitions

2. In this Act—

“Act of 1971” means the Fuels (Control of Supplies) Act 1971;

“Act of 2007” means the National Oil Reserves Agency Act 2007;

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

“vesting day” means the day appointed under section 30 to be the vesting day.

3. Amendment of section 2 of Act of 2007

3. Section 2 of the Act of 2007 is amended—

(a) by the insertion of the following definitions:

“‘Oil Emergency Plan’ has the meaning assigned to it by section 68;

‘public body’ means any of the following:

(a) a Minister of the Government;

(b) a local authority;

(c) the Health Service Executive;

(d) a university or institute of technology;

(e) an education and training board established under section 9 of the Education and Training Boards Act 2013;

(f) any other person, body or organisation established—

(i) by or under an enactment (other than the Companies Act 2014) or charter,

(ii) by any scheme administered by a Minister of the Government, or

(iii) under the Companies Act 2014 in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of money provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government;

(g) a company (within the meaning of the Companies Act 2014) a majority of the shares in which are held by or on behalf of a Minister of the Government;

(h) any other person, body, organisation or group that the Minister may prescribe for the purposes of this Act;

‘register’ has the meaning assigned to it by section 69.”,

and

(b) by the substitution of the following definition for the definition of “prescribed”:

“‘prescribed’ means prescribed (other than in sections 44D, 44E, 44G, 44GA, 44X and 44J) by regulations made by the Minister;”.

4. Amendment of section 15 of Act of 2007

4. Section 15 of the Act of 2007 is amended by the insertion of the following subsection after subsection (3):

“(3A) Prior to approving a strategy statement, the Minister shall consult with the Minister for Transport in relation to the information included in the strategy statement pursuant to subsection (3) where such information relates to functions transferred to the Minister for Transport under section 23 of the Oil Emergency Contingency and Transfer of Renewable Transport Fuel Functions Act 2023.”.

5. Amendment of section 28 of Act of 2007

5. Section 28 of the Act of 2007 is amended—

(a) in subsection (1), by the substitution of “shall submit to the Minister” for “shall submit”, and

(b) by the insertion of the following subsection after subsection (2):

“(2A) On receipt of the annual report from the Agency under subsection (1), the Minister shall provide a copy of the annual report to the Minister for Transport.”.

6. Amendment of section 29 of Act of 2007

6. Section 29 of the Act of 2007 is amended by the insertion of the following subsection after subsection (3):

“(3A) The Minister shall, as soon as may be after he or she has been presented, under subsection (3), with the documents referred to in that subsection, provide copies of those documents to the Minister for Transport.”.

7. Amendment of section 30 of Act of 2007

7. Section 30 of the Act of 2007 is amended by the insertion of the following subsections after subsection (2):

“(3) If required by the Minister for Transport, the Agency shall provide the Minister for Transport with information in relation to such matters as he or she may specify concerning or relating to—

(a) the performance of its functions (including those performed through a subsidiary) under:

(i) Part 5A;

(ii) the European Union (Biofuel Sustainability Criteria) Regulations 2012 (S.I. No. 33 of 2012);

(iii) the European Union (Greenhouse Gas Emission Reductions, Calculation Methods and Reporting Requirements) Regulations 2017 (S.I. No. 160 of 2017),

and

(b) its plans for the future performance of its functions under Part 5A or either of the instruments referred to at subparagraphs (ii) and (iii) of paragraph (a).

(4) Information required by the Minister for Transport under subsection (3) shall be provided in such form and within such period as the Minister for Transport may direct.”.

8. Amendment of section 43A of Act of 2007

8. Section 43A of the Act of 2007 is amended by the substitution of the following subsection for subsection (2):

“(2) Taxpayer information transferred to the Minister by the Revenue Commissioners under subsection (1) may be used by the Minister in the exercise of his or her powers and functions relating to the administration of the levy or the preparation of the Oil Emergency Plan only and shall not be disclosed by the Minister to any other person for any purpose whatsoever.”.

9. Amendment of section 44D of Act of 2007

9. Section 44D of the Act of 2007 is amended, in subsection (4), by the substitution of the following paragraph for paragraph (b):

“(b) For the purposes of paragraph (a), the Minister shall consult with—

(i) the Minister for Finance,

(ii) the Minister for Public Expenditure and Reform,

(iii) the Minister for the Environment, Climate and Communications,

(iv) the Agency,

(v) the Environmental Protection Agency,

(vi) the National Standards Authority of Ireland, and

(vii) Sustainable Energy Ireland — The Sustainable Energy Authority of Ireland,

and may consult with such other persons as he or she considers appropriate.”.

10. Amendment of section 44G of Act of 2007

10. Section 44G of the Act of 2007 is amended—

(a) in subsection (1) —

(i) in paragraph (a), by the substitution of “eligible,” for “eligible, and”,

(ii) in paragraph (b), by the substitution of “fuel, and” for “fuels.”, and

(iii) by the insertion of the following paragraph after paragraph (b):

“(c) such additional certificates as the Minister may provide for by regulations made under subsection (1B).”,

and

(b) by the insertion of the following subsection after subsection (1A):

“(1B) (a) The Minister for Transport may, from time to time, make regulations providing for the Agency to issue, in accordance with this section and notwithstanding subsection (1), on such terms and conditions as the Minister for Transport may specify, additional certificates in respect of renewable transport fuel.

(b) Without prejudice to the generality of paragraph (a), regulations under that paragraph may:

(i) specify a particular renewable transport fuel in respect of which an additional certificate or certificates may be issued by the Agency, and the number of certificates that may be issued, in respect of the renewable transport fuel concerned;

(ii) to encourage renewable transport fuel obligation account holders to supply a particular renewable transport fuel for use in economic or transport sectors within the State specified in the regulations or for specific purposes or means of transport, provide that additional certificates may be issued where that renewable transport fuel is used within any of those sectors or for those specific purposes or means of transport.

(c) Before making regulations under this subsection, the Minister for Transport shall—

(i) consult with—

(I) the Minister for Finance,

(II) the Minister for Public Expenditure and Reform,

(III) the Minister for the Environment, Climate and Communications,

(IV) the Agency,

(V) the Environmental Protection Agency,

(VI) the National Standards Authority of Ireland, and

(VII) Sustainable Energy Ireland — The Sustainable Energy Authority of Ireland,

and may consult with such other persons as he or she considers appropriate, and

(ii) publish, following consultation in accordance with subparagraph (i), on the website of the Department of Transport and by any other means as he or she considers appropriate, a draft of the proposed regulations inviting persons to make representations in writing to the Minister for Transport in relation to the proposed regulations within 28 days from the date of publication and consider any representations made to him or her.

(d) The Minister for Transport may, having considered any representations made to him or her under paragraph (c)(ii), make the regulations with or without modification.

(e) When making regulations under this subsection, the Minister for Transport shall have regard to the following:

(i) the effect of such regulations on fuel prices in the State;

(ii) the information submitted by the State to the European Commission pursuant to Article 30(3) of the Directive;

(iii) the integrated national energy and climate plans and corresponding progress reports submitted by the State to the European Commission pursuant to Articles 3, 17 and 20 of Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 [^1] on the Governance of the Energy Union and Climate Action;

(iv) carbon budgets prepared and approved under sections 6A and 6B respectively of the Climate Action and Low Carbon Development Act 2015 and sectoral emissions ceilings prepared and approved under section 6C of that Act,

and may have regard to such other matters as he or she considers appropriate relating to the effects, if any, of increased consumption of renewable transport fuel in the State on economic activities in the State and on the environment.”.

11. Obligation to include minimum percentage volume of renewable transport fuel

11. The Act of 2007 is amended by the insertion of the following section after section 44G:

“44GA. (1) The Minister for Transport may, from time to time, and with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, make regulations specifying a particular petroleum product in respect of which the Minister for Transport may prescribe a minimum percentage volume of renewable transport fuel specified by the regulations required to be included in that product so that it may be disposed of by sale or otherwise in the State by a renewable transport fuel obligation account holder.

(2) Before making regulations under this section, the Minister for Transport shall—

(a) consult with—

(i) the Minister for the Environment, Climate and Communications,

(ii) the Agency,

(iii) the Environmental Protection Agency,

(iv) the National Standards Authority of Ireland, and

(v) Sustainable Energy Ireland — The Sustainable Energy Authority of Ireland,

and may consult with such other persons as he or she considers appropriate,

(b) publish following consultation in accordance with paragraph (a), on the website of the Department of Transport and by any other means as he or she considers appropriate, a draft of the proposed regulations inviting persons to make representations in writing to the Minister for Transport in relation to the proposed regulations within 28 days from the date of publication and consider any representations made to him or her.

(3) The Minister for Transport may, having considered any representations made to him or her under subsection (2)(b), make the regulations with or without modification.

(4) When making regulations under this subsection, the Minister for Transport shall have regard to the following:

(a) the effect of such regulations on fuel prices in the State;

(b) the information submitted by the State to the European Commission pursuant to Article 30(3) of the Directive;

(c) the integrated national energy and climate plans and corresponding progress reports submitted by the State to the European Commission pursuant to Articles 3, 17 and 20 of Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018[^2] on the Governance of the Energy Union and Climate Action;

(d) carbon budgets prepared and approved under sections 6A and 6B respectively of the Climate Action and Low Carbon Development Act 2015 and sectoral emissions ceilings prepared and approved under section 6C of that Act, and may have regard to such other matters as he or she considers appropriate relating to the effects, if any, of increased consumption of renewable transport fuel in the State on economic activities in the State and on the environment.”.

12. Amendment of section 44J of Act of 2007

12. Section 44J of the Act of 2007 is amended, in subsection (7), by the substitution of the following paragraph for paragraph (b):

“(b) For the purposes of paragraph (a), the Minister shall consult with—

(i) the Minister for Finance,

(ii) the Minister for Public Expenditure and Reform,

(iii) the Minister for the Environment, Climate and Communications,

(iv) the Agency,

(v) the Environmental Protection Agency,

(vi) the National Standards Authority of Ireland, and

(vii) Sustainable Energy Ireland — The Sustainable Energy Authority of Ireland.”.

13. Amendment of section 44U of Act of 2007

13. Section 44U of the Act of 2007 is amended by the substitution of “The Minister may, following consultation with the Minister for Transport, make regulations” for “The Minister may make regulations,”.

14. Exemption from renewable transport fuel obligation in cases of particular urgency

14. The Act of 2007 is amended by the insertion of the following section after section 44X:

“44Y. (1) The Minister for Transport may determine that oil stocks released, or to be released, by the Agency pursuant to a direction of the Minister under section 35 may, in a case of particular urgency in order to avoid, or mitigate against, a major supply disruption or the risk thereof, be exempt from the renewable transport fuel obligation under section 44C.

(2) For the purpose of calculating the specified amount under subsection (3) of section 44C, oil stocks which are the subject of an exemption under subsection (1) shall not be treated as a relevant disposal of petroleum products under paragraph (a) of that subsection.

(3) A determination under subsection (1) shall be made by the Minister for Transport as soon as practicable following the direction of the Minister under section 35 but may be made following the release of the oil stocks the subject of the direction.

(4) For the purposes of subsection (1), the Minister shall, as soon as practicable following the making of a direction by him or her under section 35, notify the Minister for Transport of any oil stocks released or to be released by the Agency in accordance with that section.

(5) The Minister for Transport shall, before making a determination under subsection (1) —

(a) consult with the Minister and the Agency, and

(b) have regard to—

(i) Article 25(1) of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018[^3] on the promotion of the use of energy from renewable sources,

(ii) Article 7a of Directive 2009/30/EC of the European Parliament and of the Council of 23 April 2009[^4] amending Directive 98/70/EC as regards the specification of petrol, diesel and gas-oil and introducing a mechanism to monitor and reduce greenhouse gas emissions and amending Council Directive 1999/32/EC as regards the specification of fuel used by inland waterway vessels and repealing Directive 93/12/EEC, and

(iii) carbon budgets prepared and approved under sections 6A and 6B respectively of the Climate Action and Low Carbon Development Act 2015 and sectoral emissions ceilings prepared and approved under section 6C of that Act.

(6) The Minister for Transport shall, as soon as practicable, advise the Minister and the Agency of the making of a determination under subsection (1) and the Agency shall inform the obligated party concerned.

(7) The Agency shall, when notifying an obligated party under section 44I, take account of any determination made under subsection (1).”.

15. Amendment of section 46 of Act of 2007

15. Section 46 of the Act of 2007 is amended—

(a) in subsection (1) —

(i) in paragraph (b), by the substitution of “the Minister and the Minister for Transport” for “the Minister”, and

(ii) by the substitution of the following paragraph for paragraph (c):

“(c) any other person including an officer of the Minister or the Agency appointed to be an authorised officer by the Minister or including an officer of the Minister for Transport appointed to be an authorised officer by the Minister for Transport, as the case may be,”,

(b) in subsection (4)(b), by the substitution of “by the Minister or the Minister for Transport, as the case may be” for “by the Minister”, and

(c) in subsection (6), by the insertion of the following paragraph:

“(ba) if made by the Minister for Transport, on the Minister for Transport revoking the appointment,”.

16. Amendment of section 47 of Act of 2007

16. Section 47 of the Act of 2007 is amended—

(a) in subsection (1), by the substitution of “the Minister, the Minister for Transport or the Agency of their respective functions under this Act” for “the Minister or the Agency of their functions under this Act”,

(b) by the substitution of the following subsection for subsection (2):

“(2) Any information obtained by an auditor appointed under section 46(1)(b) shall be given directly to both the Minister and the Minister for Transport.”,

and

(c) by the insertion of the following subsection after subsection (2):

“(2A) The Minister or the Minister for Transport, as the case may be, may send to the Agency any information given to him or her under subsection (2) where he or she considers it appropriate to do so.”.

17. Amendment of section 58 of Act of 2007

17. Section 58 of the Act of 2007 is amended, in subsection (1), by the substitution of “The Minister may make regulations, other than the regulations referred to in section 58A(1)—” for “The Minister may make regulations—”.

18. Regulations and orders - Minister for Transport