European Union (Renewable Energy) Regulations 2020
Source: Iris Oifigiúl 77 2020-09-25

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paragraphs: These Regulations may be cited as the European Union (Renewable Energy) Regulations 2020.
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paragraphs: (1) In these Regulations -
(a) completion dates for the delivery of renewable energy projects,
(b) rules for the delivery of renewable energy projects, and
(c) milestones for the delivery and commercial operation of renewable energy projects;
(a) installations generating electricity from renewable energy sources, other than installations generating electricity from wind energy, with installed electricity capacity of not more than 1MW, and
(b) installations generating electricity from wind energy with an installed electricity capacity of not more than 6MW or 6 generation units;
(2) A word or expression that is used in these Regulations and is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
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paragraphs: (1) These Regulations shall apply to support schemes administered for the purposes of achieving or exceeding the targets for the share of energy from renewable sources for the European Union and the State referred to in Article 3 of the Directive.
(2) Regulations 4 to 8 shall apply to support schemes referred to in paragraph (1) for the production of electricity from renewable sources.
(3) Regulation 9 shall apply to all support schemes referred to in paragraph (1) for the production of energy from renewable sources.
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paragraphs: A support scheme referred to in Regulation 3(1) shall provide incentives for the integration of electricity from renewable sources in the market in a manner which –
(a) is based on conditions in the market,
(b) is responsive to market conditions,
(c) avoids unnecessary distortions of electricity markets,
(d) has regard to system integration costs, and
(e) has regard to grid stability.
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paragraphs: (1) A support scheme referred to in Regulation 3(1) shall be designed so as to –
(a) maximise the integration of electricity from renewable sources in the electricity market,
(b) ensure that producers of renewable energy respond to market price signals in the electricity market, and
(c) maximise the market revenues of producers of renewable energy.
(2) Where a support scheme referred to in Regulation 3(1) is a direct price support scheme, the support under the scheme shall be granted in the form of a sliding (including floating) market premium or a fixed market premium.
(3) Without prejudice to European Union law on the internal market for electricity and notwithstanding paragraphs (1) and (2), a support scheme referred to in Regulation 3(1) may provide that small-scale installations or demonstration projects or both are exempt from the application of paragraphs (1) and (2) where necessary to ensure the cost-effectiveness of, and to minimise the overall cost of support under, the scheme and in order to take into account the more limited capabilities of such installations or projects.
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paragraphs: (1) Support provided under a support scheme referred to in Regulation 3(1) shall be granted following a process that is open, transparent, competitive, non-discriminatory and cost-effective.
(2) Notwithstanding paragraph (1), a support scheme referred to in Regulation 3(1) may provide that small-scale installations or demonstration projects or both are exempt from a requirement to engage in a competitive tendering process under the relevant scheme where necessary to ensure the cost-effectiveness of, and to minimise the overall cost of support under, that scheme and in order to take into account the more limited capabilities of such installations or projects.
(3) Notwithstanding paragraph (1), a support scheme referred to in Regulation 3(1) may provide for a mechanism to ensure regional diversification in the deployment of renewable electricity, in particular cost-effective system integration.
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paragraphs: Notwithstanding Regulation 6(1), a support scheme referred to in Regulation 3(1) may provide that the competitive tendering process under the scheme is limited to specified technologies where opening the scheme to all producers of electricity from renewable sources would lead to a result which is sub-optimal, having regard to one or more of the following as the case may require:
(a) the long-term potential of a particular technology;
(b) the need to achieve diversification of technologies;
(c) grid integration costs;
(d) network constraints and grid stability;
(e) with regard to biomass, the need to avoid distortions of the market in raw materials for biomass.
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paragraphs: Where support for electricity from renewable sources is provided under a support scheme referred to in Regulation 3(1) following one or more than one competitive tendering process under the support scheme, the Minister shall, in order to ensure a high project realisation rate –
(a) cause to be established and published non-discriminatory and transparent criteria for qualification for the competitive tendering process in the terms and conditions of each competition under the support scheme,
(b) set clear dates and rules for delivery of renewable electricity projects in accordance with the terms and conditions of each competition and implementation agreement under the support scheme, and
(c) cause to be published information about previous competitive tender processes and project realisation rates.
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paragraphs: (1) Without prejudice to Articles 107 and 108 of the Treaty on the Functioning of the European Union and any requirement necessary to comply with those Articles and subject to paragraph (2), the level of, and the terms and conditions attached to, support granted or provided under a support scheme referred to in Regulation 3(1) for renewable energy projects shall not be revised in a manner that negatively affects the rights conferred under such a support scheme and that would undermine the economic viability of a project that is in receipt of support under such a support scheme.
(2) Notwithstanding paragraph (1), the level of support granted or provided under a support scheme referred to in Regulation 3(1) for renewable energy projects may be adjusted in accordance with objective criteria established under the original terms of the support scheme.