Electricity Regulation (Amendment) (Carbon Revenue Levy) Act 2010
Acts of the Oireachtas
Source: Acts of the Oireachtas

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paragraphs: — In this Act “Act of 1999” means Electricity Regulation Act 1999 .
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paragraphs: — Section 9 of the Act of 1999 is amended in subsection (1)—
(a) in paragraph (i) by deleting “and”,
(b) in paragraph (j) by inserting “and” after “suppliers,”, and
(c) by inserting the following after paragraph (j):
“(k) to collect and recover the carbon revenue levy (within the meaning of section 40D) under Part VIB.”.
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paragraphs: — The Act of 1999 is amended by inserting the following Part after Part VIA:
“PART VIB
Carbon Revenue Levy
Interpretation (Part VIB).
40B.— In this Part—
‘allowance’ has the meaning given to it by the Regulations of 2004;
‘CADA’ has the same meaning as in the Electricity Regulation Act 1999 (Public Service Obligations) Order 2002 ( S.I. No. 217 of 2002 ) (as amended by the Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) (No. 2) Order 2007 ( S.I. No. 583 of 2007 ));
‘carbon revenue levy’ has the meaning given to it by section 40D;
‘electricity generator’ means a person licensed under section 14(1)(a) to generate electricity;
‘emissions’ has the meaning given to it by the Regulations of 2004;
‘installation’ has the meaning given to it by the Regulations of 2004;
‘levy period’ means—
(a) a period of 3 months, and
(b) in the case where the final levy period is less than 3 months, that period;
‘operator’ has the meaning given to it by the Regulations of 2004;
‘qualifying generating station’ has the meaning given to it by section 40D;
‘Regulations of 2004’ means the European Communities (Greenhouse Gas Emissions Trading) Regulations 2004 ( S.I. No. 437 of 2004 );
‘relevant date’ means the date of the passing of the Electricity Regulation (Amendment) (Carbon Revenue Levy) Act 2010;
‘Single Electricity Market Trading and Settlement Code’ means the code of that name established pursuant to section 9BA(1) and designated by the Commission pursuant to the Electricity Regulation Act 1999 (Single Electricity Market) Regulations 2007 ( S.I. No. 406 of 2007 ), as from time to time revised, amended, supplemented or replaced;
‘tonne of carbon dioxide equivalent’ has the meaning given to it by the Regulations of 2004.
Application of Part VIB to certain electricity generators.
40C.— This Part applies to every electricity generator who—
(a) is the operator of an installation that is in receipt of allowances issued by the Environmental Protection Agency pursuant to the Regulations of 2004, and
(b) is bound by the Single Electricity Market Trading and Settlement Code.
Carbon revenue levy.
40D.— (1) Each electricity generator shall, subject to and in accordance with this Part and any regulations made under this Part, pay to the Commission, in respect of the immediately preceding levy period, a levy (in this Part referred to as the ‘carbon revenue levy’) on such amount of the revenues received during that levy period by the electricity generator concerned, through participation in the Single Electricity Market, as is attributable to the emissions from each installation of which the electricity generator is the operator, which amount is calculated in accordance with the formula—
E x P
where—
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paragraphs: — This Act may be cited as the Electricity Regulation (Amendment) (Carbon Revenue Levy) Act 2010.