S.I. No. 160 of 2017 - European Union (Greenhouse Gas Emission Reductions, Calculation Methods and Reporting Requirements) Regulations 2017
Source: Iris Oifigiúl 32 2017-04-21

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paragraphs: These Regulations may be cited as the European Union (Greenhouse Gas Emission Reductions, Calculation Methods and Reporting Requirements) Regulations 2017.
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paragraphs: (1) In these Regulations—
(2) A word or expression which is used in these Regulations and which is also used in Directive 98/70/EC, or Council Directive (EU) 2015/652 has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directives.
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paragraphs: These Regulations set a target for the reduction of life cycle greenhouse gas emissions per unit of energy from fuel and energy supplied and lay down rules on calculation methods and reporting requirements.
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paragraphs: These Regulations apply to fuels used to propel road vehicles, non-road mobile machinery (including inland waterway vessels when not at sea), agricultural and forestry tractors, recreational craft when not at sea and electricity for use in road vehicles.
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paragraphs: The functions assigned to NORA under these Regulations are functions of NORA for the purposes of the Act of 2007.
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paragraphs: NORA shall designate the supplier or suppliers responsible for monitoring and reporting life cycle greenhouse gas emissions per unit of energy from fuel and energy supplied. In the case of providers of electricity for use in road vehicles, such providers may choose to become a contributor to the reduction obligation laid down in Regulation 8 if they can demonstrate that they can adequately measure and monitor electricity supplied for use in those vehicles.
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paragraphs: (1) Suppliers shall report to NORA, in accordance with guidelines to be issued by NORA, on the greenhouse gas intensity of fuel and energy supplied within the State by providing, as a minimum, the following information—
(a) the total volume of each type of fuel or energy supplied, indicating where purchased and its origin, and
(b) life cycle greenhouse gas emissions per unit of energy.
(2) NORA shall ensure that reports received under paragraph (1) are subject to verification.
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paragraphs: Suppliers shall reduce life cycle greenhouse gas emissions per unit of energy from fuel and energy supplied by up to 10 per cent by 31 December 2020, compared with the fuel baseline standard. This reduction shall consist of—
(a) 6per cent by 31 December 2020;
(b) an indicative additional target of 2 per cent by 31 December 2020, subject to Article 9(1)(h) of Directive 98/70/EC, to be achieved through one or both of the following methods:
(i) the supply of energy for transport supplied for use in any type of road vehicle, non-road mobile machinery (including inland waterway vessels), agricultural or forestry tractor or recreational craft;
(ii) the use of any technology (including carbon capture and storage) capable of reducing life cycle greenhouse gas emissions per unit of energy from fuel or energy supplied;
(c) an indicative additional target of 2 per cent by 31 December 2020, subject to Article 9(1)(i) of Directive 98/70/EC, to be achieved through the use of credits purchased through the Clean Development Mechanism of the Kyoto Protocol, under the conditions set out in Directive 2003/87/EC of the European Parliament and of the Council of 13 October 20035 , for reductions in the fuel supply sector.
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paragraphs: Life cycle greenhouse gas emissions from biofuels shall be calculated as follows:
(a) where a default value for greenhouse gas emission savings for the biofuel production pathway is laid down in Part A or B of Annex IV to Directive 98/70/EC and where the e1 value for those biofuels calculated in accordance with point 7 of Part C of Annex IV to that Directive is equal to or less than zero, by using that default value;
(b) by using an actual value calculated in accordance with the methodology laid down in Part C of Annex IV to Directive 98/70/EC, or
(c) by using a value calculated as the sum of the factors of the formula referred to in point 1 of Part C of Annex IV to Directive 98/70/EC, where disaggregated default values in Part D or E of Annex IV to that Directive may be used for some factors, and actual values, calculated in accordance with the methodology laid down in Part C of Annex IV to that Directive, for all other factors.
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paragraphs: Life cycle greenhouse gas emissions from other fuels and energy shall be calculated using the methodology set out in Regulations 12 or 14.
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paragraphs: A group of suppliers may choose to meet the reduction obligation pursuant to Regulation 8 jointly. In such case, they shall be considered a single supplier for the purposes of Regulation 8.
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paragraphs: For the purposes of Regulation 8, suppliers shall use the calculation method set out in Annex I to Council Directive (EU) 2015/652 to determine the greenhouse gas intensity of the fuels they supply.
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paragraphs: For the purposes of Regulations 7 and 8, suppliers shall report data using the definitions and the calculation method set out in Annex I to Council Directive (EU) 2015/652. The data shall be reported in accordance with guidelines to be issued under Regulation 7 so as to ensure parameters set out in Annex IV to Council Directive (EU) 2015/652 are included.
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paragraphs: For suppliers that are SMEs, NORA shall apply the simplified method set out in Annex I to Council Directive (EU) 2015/652.
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paragraphs: For the purposes of verifying compliance by suppliers with their obligation under Regulation 8, suppliers shall compare their achieved reductions of life cycle greenhouse gas emissions from fuels and from electricity to the fuel baseline standard set out in Annex II to Council Directive (EU) 2015/652.
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paragraphs: For the purposes of reporting to the European Commission and the European Environment Agency, NORA shall make data available in an appropriate format to enable such data to be transmitted in accordance with Annexes III and IV to Council Directive (EU) 2015/652.
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paragraphs: (1) Subject to paragraph (2), where NORA finds that a supplier has not complied with these Regulations, NORA may apply by motion to the High Court to make a compliance order under paragraph (4).
(2) NORA may make an application under paragraph (1) only if—
(a) not later than one month before making the application, NORA has served a notice in writing, requiring the supplier concerned to comply with a decision to which paragraph (1) applies and has given the supplier an opportunity to make representations to NORA about the matter and to comply with the Regulation concerned, and
(b) the supplier has failed to so comply.
(3) The High Court may hear the application only if it is satisfied that NORA has complied with paragraph (2)(a) and has served a copy of the application on the supplier concerned. On being served with a copy of the application, that supplier becomes the respondent to the application.
(4) On the hearing of an application made under paragraph (1), the High Court may make an order requiring the respondent to comply with the request of NORA or any part of it not complied with or may refuse the application.
(5)(a) An application for an order under paragraph (1) may be for, or include an application for, an order to pay to NORA such amount, by way of financial penalty, which may include penalties having effect for periods of non-compliance with the decision of NORA, as NORA may propose, being not more than €250,000, as appropriate in the light of the non-compliance or any continuing non-compliance.
(b) Any financial penalty ordered by the High Court to be paid by an operator or undertaking under this paragraph shall be paid to and retained by NORA as income.
(c) In deciding what amount, if any, should be payable, the High Court shall consider the circumstances of the non-compliance, including—
(i) its duration,
(ii) the effect on reporting requirements, or
(iii) any excuse or explanation for the non-compliance.
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paragraphs: An authorised officer (within the meaning of the Act of 2007) may exercise the functions conferred on such an officer under sections 47 and 48 of the Act of 2007 for the purposes of obtaining any information necessary for the performance by NORA of its functions under these Regulations and accordingly a reference in that Act to that Act includes a reference to these Regulations.