S.I. No. 683/2025 - European Union (Energy Efficiency Obligations Scheme) Regulations 2025

Type Statutory Instrument
Publication 2026-01-09
Last updated 2026-07-21
State In force superseded text
Text As published
articles 17

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

1 amending act · 2026-07-21, S.I. No. 346/2026 - European Union (Energy Efficiency Obligations Scheme) (Amendment) Reg…

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Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th January, 2026.

TABLE OF CONTENTS

PART 1
PRELIMINARY AND GENERAL
1. Citation and commencement
2. Interpretation
3. Application of Regulations
PART 2
OBLIGATED PARTIES
4. Obligated parties
5. Nominated persons
PART 3
TARGETS
6. Total EEOS Target
7. Calculation of annual EEOS targets and sub-targets
8. Notification of annual EEOS targets and sub-targets
9. Transfer of notified targets
10. Achievement of annual EEOS targets and sub-targets
PART 4
ENERGY CREDITS
11. Reporting and validation of energy credits
12. Qualifying actions
13. Calculation requirements
14. Measurement, control and verification
15. Exchange of energy credits
16. Buy-out of energy credits
PART 5
PROVISION OF INFORMATION
17. Provision of information
18. Provision of policy measure information
19. Authorised officers
20. Powers of authorised officers
PART 6
COMPLIANCE
21. Determination and notification of compliance
22. Non-compliance
PART 7
ADMINISTRATION AND FUNCTIONS
23. EEOS guidance
24. Performance of Minister’s functions
PART 8
PUBLICATION OF ENERGY CREDITS
25. Publication of energy credits
PART 9
FINAL PROVISIONS
26. Service of notices and certificates
27. Penalties and prosecutions
28. Transitional and savings
29. Revocation

I, DARRAGH O’BRIEN, Minister for Climate, Energy and the Environment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving further effect to Directive (EU) 2023/1791 of the European Parliament and of the Council of 13 September 20231 , hereby make the following regulations:

PART 1 PRELIMINARY AND GENERAL

Citation and commencement

1.

1.

(1) These Regulations may be cited as European Union (Energy Efficiency Obligations Scheme) Regulations 2025.

Interpretation

2.

2.

(1) In these Regulations—

“actual sales” means the relevant annual energy sales relating to an obligated party which are—

“annual additive target” means the sum of the annual new savings requirement calculated for an obligated party for each target year for which they have been notified a target, up to and including the target year to which that annual additive target relates;

“annual EEOS target” means the annual additive target of an obligated party for a target year;

“annual energy sales” means the completed sales in the State within a sales year of final energy;

“annual new savings requirement” means the volume of new end-use energy savings required by an obligated party in relation to a specific target year;

“buy-out price” has the meaning given to it in Regulation 16(10);

“compliance certificate” has the meaning given to it in Regulation 20(4);

“cross-sector target” means 85 per cent of an obligated party’s annual EEOS target;

“Directive” means Directive (EU) 2023/1791 of the European Parliament and of the Council of 13 September 20231 on energy efficiency and amending Regulation (EU) 2023/955 (recast);

“EEOS” means the energy efficiency obligation scheme administered under these Regulations; “EEOS guidance” shall be construed in accordance with Regulation 23(6);

“eligible energy savings” means the new end-use energy savings that result from the implementation of a qualifying action in accordance with Regulation 12, that are—

“eligible sales” means an obligated party’s actual sales reduced by that obligated party’s free allowance;

“end-use energy savings” means an amount of saved energy determined by measuring or estimating final energy consumption before and after implementation of an energy efficiency improvement measure, whilst ensuring normalisation for external conditions that affect energy consumption;

“energy” means energy products as defined in Article 2, point (d), of Regulation (EC) No 1099/2008 of the European Parliament and of the Council of 22 October 20082 ;

“energy credit” means a unit, representing one kWh of new end-use energy savings, that may be obtained by an obligated party by the means specified in Regulation 10(4)(b) for the purpose of achieving its annual EEOS target;

“energy efficiency improvement measure” means any action that leads to verifiable, and measurable or estimable, end-use energy savings, other than actions that support direct fossil fuel combustion technologies;

“energy efficiency notice” means the notice referred to in Regulation 8(2);

“energy poverty target” means 5 per cent of an obligated party’s annual EEOS target;

“final energy” means energy which can be consumed by an end-user, but does not include the energy used in the transformation and distribution of that energy;

“financial sum” has the meaning given to it in Regulation 20(4)(d)(ii)(II);

“free allowance” means an allowance, in respect of each obligated party, of 400 GWh in each sales year;

“Fund” means the Energy Efficiency National Fund established under Regulation 10 of the Regulations of 2014 and shall be construed in accordance with Point 11 of Article 30 of the Directive;

“GWh” means gigawatt hours, a unit of energy representing one billion (1,000,000,000) watt hours and is equivalent to one million kWh;

‘implementing public authority’ means a body governed by public law which is responsible for the carrying out or monitoring of energy or carbon taxation, financial schemes and instruments, fiscal incentives, standards and norms, energy labelling schemes, training or education;

“kWh” means kilowatt hours, a unit of energy representing one thousand (1,000) watt hours;

“minimum achievement requirement” shall be construed in accordance with Regulation 7(5);

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

“obligated party” shall be construed in accordance with Regulation 4;

“obligation period” means the period from 1 January 2021 to 31 December 2030;

“personal data’ has the meaning given to it in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20163 ;

‘policy measure’ means a regulatory, financial, fiscal, voluntary or information provision instrument formally established and implemented in a Member State to create a supportive framework, requirement or incentive for market actors to provide and purchase energy services and to undertake other energy efficiency improvement measures;

‘public bodies’ means national, regional or local authorities and entities directly financed and administered by those authorities but not having an industrial or commercial character;

“qualifying action” shall be construed in accordance with Regulation 12(1);

“Regulations of 2014” means the European Union (Energy Efficiency Obligation Scheme) Regulations 2014 ( S.I. No. 131 of 2014 )

“Regulations of 2022” means the European Union (Energy Efficiency Obligation Scheme) Regulations 2022 ( S.I. No. 522 of 2022 );

“relevant person” means a natural or legal person that is engaged in one or more of the following activities in the State in relation to energy:

  • (a) the importation for sale of liquid fuel, whether in a refined or unrefined state;

  • (b) the retail supply of electricity;

  • (c) the retail supply of natural gas;

  • (d) the distribution, including the importation, for sale of solid fuel;

  • (e) the retail supply of solid fuel;

“relevant sales information” means information on the annual energy sales relating to a relevant person provided to the Minister or SEAI—

  • (a) following a request from the Minister or SEAI in that regard to a state body, where such information is collected by that body in its performance of a statutory function, or

  • (b) where such information is not held, or

where held is incomplete or insufficient, by a body referred to in paragraph (a), following a request, under Regulation 17, or otherwise, to—

- (i) the relevant person concerned, or

- (ii) the person having control of the relevant person concerned;

  “residential target” means 10 per cent of an obligated party’s annual EEOS target;

  “sales share” means an obligated party’s eligible sales as a percentage of the sum of all obligated parties’ eligible sales in a sales year;

  “sales year” means the calendar year commencing on the 1st day of January that occurs 24 months prior to the 1st day of January of a target year;

  “SEAI” means the Sustainable Energy Authority of Ireland;

  “sub-target” means—
  • (a) the cross-sector target,

  • (b) the residential target,

  • (c) or the energy poverty target,

which collectively make up an obligated party’s annual EEOS target;

“target increase” has the meaning given to it in Regulation 20(4)(d)(ii)(III);

“target transfer application” has the meaning given to it in Regulation 9(1);

“target year” means any calendar year within the obligation period for which targets are notified to obligated parties under these Regulations or were notified pursuant to the Regulations of 2022;

“total EEOS target” has the meaning given to it in Regulation 6(1);

“unvalidated energy credit” means a unit, which is intended to represent one kWh of eligible energy savings, that, subject to validation under Regulation 11(2), may be counted as an energy credit for the purpose of achieving an obligated party’s annual EEOS target;

“website” means an internet website (including part of such a website)—

  • (a) to which access is readily available by members of the public, and

  • (b) where anything published is readily available for inspection by members of the public.

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

Application of Regulations

3.

3.

Where a person meets the definition of an obligated party in respect of any target year, Regulations 5, 6, 10 to 17, 19, 22 and 25 shall continue, with any necessary modifications, to apply to that person after that year.

PART 2 OBLIGATED PARTIES

Obligated parties

4.

4.

(1) A relevant person shall be an obligated party in respect of a target year where in the relevant sales year that person—

annual energy sales of 400 GWh or more.

Nominated persons

5.

5.

(1) Subject to paragraph (6), an obligated party may nominate, in writing, to the Minister or, where appointed for the purpose of this Regulation under Regulation 24, SEAI, another person (in this Regulation referred to as a nominated person) to perform all of that obligated party’s obligations specified in Regulations 10, 11 and 13 to 17.

.

PART 3 TARGETS

Total EEOS Target

6.

6.

(1) The total EEOS target for the obligation period shall be 39,647 GWh cumulative end-use energy savings.

Calculation of annual EEOS targets and sub-targets

7.

7.

(1) Subject to paragraph (3), in respect of each target year, the Minister or, where appointed for the purpose of this Regulation under Regulation 24, SEAI shall calculate for notification in, or during the 3 months immediately preceding, the years 2026, 2027 and 2030 the annual EEOS targets and the sub-targets of each obligated party.

of each obligated party.

information requested that is necessary for calculating, under this Regulation, the annual EEOS targets and the sub-targets of—

the Minister, or SEAI, as the case may be, may, for the purpose of the calculation of targets, determine the matters to which that information relates based on the best information available to the Minister, or SEAI, as the case may be, on the date of the calculation and use that information for the calculation of targets as if it was provided by that obligated party.

“exceptional sales share change” means a change in an obligated party’s sales share from that in the relevant reference sales year, based on an increase or decrease of its actual sales, to an extent which is determined, based on reasonable grounds, by the Minister or SEAI, as the case may be, to be exceptional;

“significant overall annual target impact” means a change in the sum of the annual EEOS targets of all obligated parties for a target year, which have been calculated with regard to the sales share in the most recent previous reference sales year, to an extent which is determined, based on reasonable grounds, by the Minister or SEAI, as the case may be, to be significant;

“reference sales year” means any of the sales years 2021, 2022, 2024, 2025 and 2028.

Notification of annual EEOS targets and sub-targets

8.

8.

(1) The Minister shall, in respect of each relevant target year, notify in writing each obligated party of its annual EEOS target and sub-targets.

Transfer of notified targets

9.

9.

(1) Subject to the prior written approval of the Minister or, where appointed for the purpose of this Regulation under Regulation 24, SEAI of an application in that regard (in this Regulation referred to as a target transfer application), all or part of the annual new savings requirement, relating to one, or more, sub-targets contained in an energy efficiency notice issued to an obligated party may be transferred to another obligated party.

whichever is the later, and

as set out in an energy efficiency notice.

Achievement of annual EEOS targets and sub-targets

10.

10.

(1) To achieve its annual EEOS target for a target year, an obligated party shall achieve each of its sub-targets in respect of that year.

PART 4 ENERGY CREDITS

Reporting and validation of energy credits

11.

11.

(1) An obligated party may report unvalidated energy credits to the Minister or, where appointed for the purpose of this Regulation under Regulation 24, SEAI for validation where that party has delivered the associated volume of relevant eligible energy savings.

may be considered to be energy credits obtained for the purpose of achieving that obligated party’s annual EEOS target.

Qualifying actions

12.

12.

(1) A qualifying action is an energy efficiency improvement measure that—

“approved housing body” means a housing body approved by the Minister for Housing, Local Government and Heritage that is included on the Register of Housing Bodies with Approved Status Under Section 6 of the Housing (Miscellaneous Provisions) Act 1992 , or such other register replacing that register

“BER” means a building energy rating within the meaning of the European Union (Energy Performance of Buildings) Regulations 2012 ( S.I. No. 243 of 2012 );

“BER certificate” means a certificate in a prescribed form on the basis of a BER assessment, which is held that may be viewed in electronic form on the BER register, and that may be reproduced and issued in printed form by or on behalf of the issuing authority;

“B2 or better” means the alpha-numeric indicators of B2, B1, A3, A2 or A1, as set out in a BER certificate, which are equivalent to a primary energy performance of 125 kWh/m2/yr or less;

“B2 pathway requirement” means that following the implementation of an energy efficiency improvement measure in a dwelling—

“dwelling” has the meaning given to it in Regulation 3 of the European Union (Energy Performance of Buildings) Regulations 2012 ( S.I. No. 243 of 2012 );

“eligible energy poor home” means a dwelling which is either—

“kWh/m2/yr” means kilowatt hours per square metre floor area per year;

“local authority” means a local authority within the meaning of section 2 of the Local Government Act 2001 (No. 37 of 2001);

“materiality requirements” means the requirements for demonstrating, in accordance with Annex V to the Directive, that the relevant obligated party’s involvement or contribution has been material to the implementation of an energy efficiency improvement measure being used for the purpose of achieving its annual EEOS target;

“minimum BER uplift requirement”, in relation to the primary energy performance of a dwelling as set out in its BER certificate, means that following the implementation of an energy efficiency improvement measure—

“post-works BER” means the building energy rating of a dwelling recorded on the BER register on the basis of the BER assessment following the implementation of the relevant energy efficiency improvement measure in that dwelling;

“pre-works BER” means either –

Calculation requirements

13.

13.

(1) In accordance with the methods and principles set out in Annex V to the Directive, the Minister or, where appointed for the purpose of this Regulation under Regulation 24, SEAI shall put in place, and publish in the manner set out in Regulation 23(4), specific calculation requirements for the calculation of eligible energy savings associated with the unvalidated energy credits reported in accordance with Regulation 11(1).

Measurement, control and verification

14.

14.

(1) The Minister or, where appointed for the purpose of this Regulation under Regulation 24, SEAI shall establish a system, and set out in the EEOS guidance, the procedures on the application of that system (in this Regulation referred to as the verification procedures), to ensure the appropriate measurement, control and verification of new end-use energy savings delivered by an obligated party associated with the unvalidated energy credits reported in accordance with Regulation 11(1).

Exchange of energy credits

15.

15.

(1) Subject to the prior written approval of the Minister or, where appointed for the purpose of this Regulation under Regulation 24, SEAI of an application in that regard (in this Regulation referred to as an exchange application), energy credits obtained by an obligated party, other than those obtained under Regulation 16, may be considered obtained by another obligated party.

Buy-out of energy credits

16.

16.

(1) Subject to paragraph (4) and the prior written approval of the Minister or, where appointed for the purpose of this Regulation under Regulation 24, SEAI of an application in that regard (in this Regulation referred to as a buy-out application) and, subject to paragraph (7), the receipt of the agreed contribution to be made to the Minister for payment into the Fund, an obligated party may obtain energy credits by making a financial contribution at the relevant buy-out price.

“buy-out cap” means—

Sub-Target Year 1 Year 2 Credits
Cross-Sector 3,400,000 1,700,000 Cross-sector energy credits
Residential 400,000 200,000 Residential energy credits
Energy Poverty 200,000 100,000 Energy poverty credits

“buy-out price” means the rate to be applied in the calculation of any financial contribution to the Fund, which shall—

PART 5 PROVISION OF INFORMATION

Provision of information

17.

17.

(1) The Minister or, where appointed for the purpose of this Regulation under Regulation 24, SEAI may, in writing, require—

to provide relevant sales information, or any other information, relating to the relevant person concerned necessary for—

and, where so required—

shall provide the specified information, as soon as practicable, and in any case not later than the date of expiry of the applicable period under paragraph (5).

Provision of Policy Measure Information

18 (1) The Minister or, where appointed for the purpose of this Regulation under Regulation 24, SEAI, may, in writing, require –

that has responsibility for administering or monitoring a policy measure which may be used or relied upon for the purposes of achieving energy savings required under Article 8(1) or Article 8(3) of the Directive, to provide any information relating to that policy measure insofar as it is necessary and proportionate, for the performance by the Minister or SEAI, as the case may be, of –

and, where so required, the relevant party mentioned in subparagraph (a) or (b), shall provide the specified information, as soon as practicable.

the Minister or SEAI, as the case may be, may in writing require the relevant party mentioned in paragraph (1) to commence the collection of such information as is deemed necessary to fulfil a request under paragraph (1).

Authorised officers

19.

(1) The Minister may appoint in writing such and so many persons, including members of the staff of the Minister or the SEAI, to be authorised officers for the purpose of—

commits an offence.

Powers of authorised officers

20.

(1) For the purpose of—

an authorised officer may, on production of an appointment under Regulation 18 authorising him or her to exercise one or more specified powers under paragraph (2), exercise that power or those powers.

“records” includes, in addition to records in writing—

and a reference to a copy of records includes, in the case of records falling within paragraph (a) only, a transcript of the sounds or signals embodied therein, in the case of records falling within paragraph (b), a still reproduction of the images embodied therein and, in the case of records falling within both of those paragraphs, such a transcript and such a still reproduction;

“tape” includes—

PART 6 COMPLIANCE

Determination and notification of compliance

21.

(1) In respect of each target year, the Minister or, where appointed for the purpose of this Regulation under Regulation 24, SEAI shall, as soon as practicable after the end of each target year, determine in respect of each obligated party, having had regard to the relevant information provided by that obligated party pursuant to these Regulations, the energy credits obtained in respect of each of that party’s sub-targets for the target year concerned.

as set out in the most recent energy efficiency notice issued by the Minister in accordance with Regulation 8;

MARS x BO x 1.25

where—

MARS is the level of shortfall against the relevant minimum achievement requirement in kWh of new energy savings, and

BO is the buy-out price for the sub-target concerned on the date of the relevant compliance certificate, expressed in euros, appearing in the Iris Oifigúil under Regulation 16(9).

(MARS x cumulative lag factor) + (MARS x 0.25)

where—

MARS is the level of shortfall against the relevant minimum achievement requirement in kWh of new energy savings, and

cumulative lag factor is the factor, set out in the Table to this paragraph, relating to the year after the target year concerned, which reflects the impact on the cumulative savings resulting from a delay of one year in delivering the MARS.

Table

Target Year 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030
Obligation Period Year 1 2 3 4 5 6 7 8 9 10
Multiplier 10 9 8 7 6 5 4 3 2 1
Cumulative lag factor 0.11 0.13 0.14 0.17 0.2 0.25 0.33 0.5 1

Non-compliance

22.

(1) Where the final position mentioned in Regulation 21(4)(d) is one of non-compliance, the obligated party concerned shall, in respect of the subtarget concerned, either—

PART 7 ADMINISTRATION AND FUNCTIONS

EEOS Guidance

23.

(1) The Minister, or, where appointed for the purpose of this Regulation under Regulation 24(3), SEAI shall, as soon as practicable after the making of these Regulations, and may from time to time, publish, in the manner of publication specified in paragraph (4), guidance to provide information on the operation of these Regulations.

Performance of Minister’s functions

24.

(1) The Minister may appoint the SEAI to perform the functions of the Minister under Regulation 4, 5, 7, 9, 11 to 16, 17(1) to (4), 18, 21 or 25 on such terms and conditions as the Minister may specify, and in accordance with any guidance the Minister may issue, to SEAI.

PART 8

PUBLICATION OF ENERGY CREDITS

Publication of energy credits

25.

On an annual basis, the Minister or, where appointed for the purpose of this Regulation under Regulation 24, SEAI shall publish on the website maintained by or on behalf of the Minister or SEAI, as the case may be, the energy credits obtained by each obligated party and in total under the EEOS.

PART 9

FINAL PROVISIONS

Service of notices and certificates

26.

(1) Where an energy efficiency notice, or a compliance certificate, is required to be issued to an obligated party, it shall be in writing addressed to the party concerned and given to the party in one of the following ways:

and it is also given in one of the other ways mentioned in subparagraphs (a) to (d).

Penalties and prosecutions

27.

(1) A person who—

provides incorrect information under—

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