S.I. No. 97/2025 - European Union (Renewable Energy)(Amendment) Regulations2025
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 1st April, 2025. | ||
I, DARRAGH O’BRIEN, Minister for the Environment, Climate and Communications, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving further effect to Articles 19 and 30 of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 20181 , hereby make the following regulations: | ||
Citation | ||
1. These Regulations may be cited as the European Union (Renewable Energy)(Amendment) Regulations 2025. | ||
Interpretation | ||
2. (1) In these Regulations – | ||
“Principal Regulations” means the European Union (Renewable Energy) Regulations (2) 2022 ( S.I. No. 350 of 2022 ); | ||
“Regulations of 2012” means the European Union (Biofuel Sustainability Criteria) Regulations of 2012 ( S.I. No. 33 of 2012 ). | ||
Amendments to the Principal Regulations | ||
3. Regulation 2 of the Principal Regulations is amended in paragraph (1), by the substitution of the following definition for the definition of ‘final customer’: | ||
“‘final customer’ means a customer who purchases electricity or gas for own use;” | ||
4. Regulation 9 of the Principal Regulations is amended by inserting after paragraph (5) the following paragraph: | ||
“(6) The obligations in this Regulation shall apply regardless of whether the bioliquids are produced within the State or are imported.” | ||
5. Regulation 10 of the Principal Regulations is amended by inserting after paragraph (5) the following paragraph: | ||
“(6) The obligations in this Regulation shall apply regardless of whether the biomass fuels are produced within the State or are imported.” | ||
6. The Principal Regulations are amended by inserting after Regulation 25 the following Regulation: | ||
“Competent bodies | ||
25A. Competent bodies designated under these Regulations to design, establish and publish a supervisory framework for the issuance, transfer and cancellation of guarantees of origin for the purposes of compliance with Article 19 of the Directive, shall not have overlapping geographical responsibilities, and shall be independent of production, trade and supply activities.” | ||
7. Regulation 26 of the Principal Regulations is amended – | ||
(a) by inserting after paragraph (1) the following sub-paragraph: | ||
“(a) A transfer of a guarantee of origin for electricity or for gas shall have no function in relation to the decision to use statistical transfers, joint projects or joint support schemes as defined under the Directive, for the purpose of compliance with Article 3 of the Directive or on the calculation of energy from renewable sources in accordance with Regulation 3.” | ||
(b) by inserting after paragraph (5) the following paragraph: | ||
“(6) For the purposes of Article 19(8) of the Directive, a gas supplier or electricity supplier shall use for disclosure the same type of guarantees of origin as the energy supplied.” | ||
8. Regulation 27 of the Principal Regulations is amended - | ||
(a) by substituting for paragraph (5) the following paragraphs: | ||
“(5) When a producer receives financial support from a support scheme for gas, the market value of the guarantee of origin for gas for a renewable energy unit for the same production shall be taken into account appropriately in the relevant support scheme applicable to that renewable energy unit. It shall be presumed that the market value of the guarantee of origin has been taken into account appropriately in any of the following cases: | ||
(a) where the financial support is granted by way of a tendering procedure or a tradeable green certificate system; | ||
(b) where the market value of the guarantee of origin is administratively taken into account in the level of financial support; or | ||
(c) where the guarantees of origin are not issued directly to the producer but to a supplier or consumer who buys the energy from renewable sources either in a competitive setting or in a long-term renewables power purchase agreement”. | ||
(b) by inserting after paragraph (5) the following paragraph: | ||
“(5A) 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.” | ||
(c) by substituting for paragraph (6) the following paragraph: | ||
“(6) For the purposes of paragraph (4) of Regulation 26, guarantees of origin for electricity or for gas shall be valid for 12 months after the production of the relevant renewable energy unit.” | ||
(d) by inserting after paragraph (10) the following sub-paragraph: | ||
“(a) For the purposes of disclosure referred to in Article 19(8) and 19(13) of the Directive, GNI, acting in accordance with the framework referred to in paragraph (1) of Regulation 25, shall ensure that energy companies cancel guarantees of origin for gas at the latest six months after the end of the validity of the guarantee of origin for gas.” | ||
(e) in paragraph (12) by substituting for sub-paragraph (a) the following sub-paragraph: | ||
“(a) that the guarantee of origin for electricity or for gas relates to electricity or gas from renewable sources,” | ||
(f) in paragraph (12) by substituting for sub-paragraph (c) the following sub-paragraph: | ||
“(c) the identity, location, type and capacity of the installation where the electricity or gas was produced,” | ||
9. Regulation 28 of the Principal Regulations is amended by substituting for the title of Regulation 28 the following: | ||
“Request for issue of guarantee of origin from electricity or gas and information required”. | ||
Amendment to the Regulations of 2012 | ||
10. Regulation 6 of the Regulations of 2012 is amended by inserting after paragraph (5) the following paragraph: | ||
“(6) The obligations in this Regulation shall apply regardless of whether the consignment of renewable transport fuel is produced in the State or is imported.” | ||
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GIVEN under my Official Seal, | ||
26 March, 2025. | ||
DARRAGH O’BRIEN , | ||
Minister for the Environment, Climate and Communications. | ||
