National Oil Reserves Agency Act 2007

44A.

F60[Definitions for Part 5A.

44A. (1) In this Part

"biofuel" means liquid or gaseous fuel for transport produced from biomass;

"biofuel levy assessment notice" means a notice given under section 44Q;

"biofuel obligation" has the meaning assigned by section 44C;

"biofuel obligation account" means an account held under section 44E by an obligated party, biofuel producer or biofuel supplier and references to biofuel obligation account holder shall be construed accordingly;

"biofuel obligation certificate" means a certificate issued under section 44G to a biofuel obligation account holder;

"biofuel producer" means a person who produces biofuel for his or her own use or for sale;

"biofuel supplier" means a person who supplies biofuel;

"biomass" means the biodegradable fraction of products, waste and residues from biological origin from agriculture (including vegetal and animal substances), forestry and related industries including fisheries and aquaculture, as well as the biodegradable fraction of industrial and municipal waste;

"Directive" means Directive 2009/28/EC 1 of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC;

"expenses" has the meaning assigned by section 36;

"Member State" means a state which is a member of the European Union and includes states that are parties to the agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by the protocol done at Brussels on 17 March 1993;

"motor vehicle" means a mechanically propelled vehicle which is powered, in whole or in part, by an internal combustion engine and is designed, constructed or modified to be suitable for use on roads;

"obligated party" means an oil company or oil consumer, as the case may be, that is subject to the biofuel obligation under this Part;

"obligation period", in relation to the biofuel obligation, means

(a) in the case of the first obligation period, the period beginning on the day on which section 44C comes into operation and ending on 31 December next following that day, and

(b) in the case of each subsequent obligation period, the period of 12 months beginning on 1 January and ending on 31 December next following the immediately preceding obligation period;

"period of validity", in relation to a biofuel obligation certificate, has the meaning assigned by section 44G;

"petroleum products" has the meaning assigned by section 36;

"relevant disposal of biofuel" has the meaning assigned by section 44N;

"relevant disposal of road transport fuel" means the volume (expressed in litres) of road transport fuel that in any obligation period

(a) an oil company consumes or disposes of by sale or otherwise to persons in the State, or

(b) an oil consumer consumes in the State;

"relevant disposal of petroleum products" has the same meaning as in Part 5;

F62["reporting period", in respect of each obligation period, means a period of 3 consecutive months beginning on 1 January, 1 April, 1 July and 1 October;]

"road transport fuel" means any liquid or gaseous fuel which may be used to power, in whole or in part, a motor vehicle whether or not it may also be used for any other purpose;

"volume assessment" means an assessment under section 44O of relevant disposals of biofuel.

(2) A word or expression that is used in this Part and is also used in the Directive has, unless the context otherwise requires, the same meaning in this Part as it has in the Directive.]

Annotations

Amendments:

F61

Inserted (9.06.2010) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 3, commenced as per s. 1(3).

F62

Inserted (30.11.2016) by Energy Act 2016 (12/2016), s. 29, S.I. No. 572 of 2016.