S.I. No. 386/2026 - European Union (Transport) (Renewable Energy) Regulations 2026

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th August, 2026.

I, DARRAGH O’BRIEN, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving further effect to Articles 25, 26, 27, 30 and 31a of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018¹ as amended by Directive (EU) 2023/2413 of the European Parliament and of the Council of 18 October 2023² , hereby make the following regulations:

1.

2.

3.

• (a) in section 44A –

• (i) by the insertion, after the definition of “obligated party” of the following definition:

“ ‘operator of a recharging point’ has the same meaning as it has in Regulation (EU) 2023/1804 of the European Parliament and of the Council of 13 September 2023³ on the deployment of alternative fuels infrastructure;”,

• (ii) by the substitution, in the definition of “period of validity” of “renewable transport fuel obligation certificate” for “biofuel certificate”, and

• (iii) by the substitution, in the definition of “volume assessment” of “renewable transport fuel” for “biofuel”,

• (b) in section 44G, by the deletion of subsection (1A),

• (c) in section 44I –

• (i) in subsection (2), by the substitution of “renewable transport fuel obligation or advanced biofuel and renewable fuels of non-biological origin obligation” for “renewable transport fuel obligation”,

• (ii) in subsection (3) –

• (I) by the substitution of “renewable transport fuel obligation or advanced biofuel and renewable fuels of non-biological origin obligation, notify” for “renewable transport fuel obligation, notify”, and

• (II) by the substitution of “renewable transport fuel obligation or advanced biofuel and renewable fuels of non-biological origin obligation notified” for “renewable transport fuel obligation notified”,

• (iii) by the substitution of the following for subsection (5):

• “(5) For the purposes of this section, the discharge of the renewable transport fuel obligation or advanced biofuel and renewable fuels of non-biological origin notified under subsection (1) shall be effected by recording a debit in the renewable transport fuel obligation account concerned of the renewable transport fuel obligation certificates to be counted under subsection (3) or (4), as appropriate, towards the discharge of the renewable transport fuel obligation or advanced biofuel and renewable fuels of non-biological origin obligation so notified.”,

• (iv) in subsection (6), in paragraph (a), by the substitution of “renewable transport fuel obligation or advanced biofuel and renewable fuels of non-biological origin obligation notified” for “renewable transport fuel obligation notified”, and

• (v) in subsection (7), by the substitution of “renewable transport fuel obligation or advanced biofuel and renewable fuels of non-biological origin obligation” for “renewable transport fuel obligation”, and

• (d) in section 44Y, in subsection (5), by the deletion of subparagraph (b)(ii).

4.

• (a) in Regulation 2 –

• (i) the substitution of the following for the definition of “Directive”:

“ ‘Directive’ means Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018¹ on the promotion of the use of energy from renewable sources, as amended by Commission Delegated Regulation (EU) 2022/759⁴ , Directive (EU) 2023/2413² , Commission Delegated Directive (EU) 2024/1405⁵ and Directive (EU) 2024/1711⁶ ;”, and

• (ii) in the definition of “Directive of 1998”, by the insertion of the following new subparagraph after subparagraph (e):

• “(f) Directive (EU) 2023/2413² of the European Parliament and of the Council.”,

• (b) in Regulation 5:

• (i) in paragraph (4) –

• (I) in sub-paragraph (a), by the substitution of “renewable fuels of non-biological origin” for “renewable liquid and gaseous transport fuels of non-biological origin”, and

• (II) in sub-paragraph (b), by the substitution of “renewable fuels of non-biological origin” for “renewable liquid and gaseous transport fuels of non-biological origin”,

• (c) in Regulation 6, in paragraph (1) –

• (i) in subparagraph (d)(iv), by the substitution of “Article 29(6), (7) and (7a) of the Directive” for “the second subparagraph Article 17(7) of the Directive”, and

• (ii) by the substitution of the following subparagraph for subparagraph (e) –

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

• (d) by the substitution of the following subparagraph for subparagraph (f):

• “(f) whether the factor for emissions savings from soil carbon accumulation via improved agricultural management referred to in Annex V, part C, point 1(a) of the Directive 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 recognised by the European Commission in accordance with Article 30(6) of the Directive;

  • (iii) a statement, and evidence in support thereof, that the consignment has been duly certified as fulfilling the requirements of a voluntary scheme (including the name of the voluntary scheme) that has been recognised by the European Commission in accordance with Article 30(4) of the Directive 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 duly certified as fulfilling the requirements of a voluntary, national or international scheme (including the name of the voluntary scheme) that has been recognised by the European Commission in accordance with Article 30(4) of the Directive.”, and

• (e) in Regulation 7G, by the substitution of “Article 31a” for “Article 28(2)”.

5.

6.

GIVEN under my Official Seal,

30 July, 2026.

DARRAGH O’BRIEN,

Minister for Transport.

Footnotes