44G.— (1) The Agency shall, on application to it by a F90[renewable transport fuel] obligation account holder, subject to compliance with this section and any regulations made under it, in respect of each F90[megajoule] of F90[renewable transport fuel] disposed of by sale or otherwise in the State by the F90[renewable transport fuel] obligation account holder during the F91[reporting period] concerned, issue—

F90[(a) 2 certificates in the case of such renewable transport fuel listed in Annex IX of the Directive, or whereby the Agency may from time to time determine in accordance with this section are so F92[eligible,]

(b) one certificate in the case of all other renewable transport F92[fuel, and]]

F93[(c) such additional certificates as the Minister may provide for by regulations made under subsection (1B).]

F94[(1A) The Minister may make regulations setting out the amount of certificates applicable under 44G(1) to certain other renewable transport fuels which the Minister may specify, according to a hierarchy of use, which the Minister may from time to time review and amend.]

F93[(1B) (a) The Minister for Transport may, from time to time, make regulations providing for the Agency to issue, in accordance with this section and notwithstanding subsection (1), on such terms and conditions as the Minister for Transport may specify, additional certificates in respect of renewable transport fuel.

(b) Without prejudice to the generality of paragraph (a), regulations under that paragraph may:

(i) specify a particular renewable transport fuel in respect of which an additional certificate or certificates may be issued by the Agency, and the number of certificates that may be issued, in respect of the renewable transport fuel concerned;

(ii) to encourage renewable transport fuel obligation account holders to supply a particular renewable transport fuel for use in economic or transport sectors within the State specified in the regulations or for specific purposes or means of transport, provide that additional certificates may be issued where that renewable transport fuel is used within any of those sectors or for those specific purposes or means of transport.

(c) Before making regulations under this subsection, the Minister for Transport shall—

(i) consult with—

(I) the Minister for Finance,

(II) the Minister for Public Expenditure and Reform,

(III) the Minister for the Environment, Climate and Communications,

(IV) the Agency,

(V) the Environmental Protection Agency,

(VI) the National Standards Authority of Ireland, and

(VII) Sustainable Energy Ireland — The Sustainable Energy Authority of Ireland,

and may consult with such other persons as he or she considers appropriate, and

(ii) publish, following consultation in accordance with subparagraph (i), on the website of the Department of Transport and by any other means as he or she considers appropriate, a draft of the proposed regulations inviting persons to make representations in writing to the Minister for Transport in relation to the proposed regulations within 28 days from the date of publication and consider any representations made to him or her.

(d) The Minister for Transport may, having considered any representations made to him or her under paragraph (c)(ii), make the regulations with or without modification.

(e) When making regulations under this subsection, the Minister for Transport shall have regard to the following:

(i) the effect of such regulations on fuel prices in the State;

(ii) the information submitted by the State to the European Commission pursuant to Article 30(3) of the Directive;

(iii) the integrated national energy and climate plans and corresponding progress reports submitted by the State to the European Commission pursuant to Articles 3, 17 and 20 of Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018¹ on the Governance of the Energy Union and Climate Action;

(iv) carbon budgets prepared and approved under sections 6A and 6B respectively of the Climate Action and Low Carbon Development Act 2015 and sectoral emissions ceilings prepared and approved under section 6C of that Act,

and may have regard to such other matters as he or she considers appropriate relating to the effects, if any, of increased consumption of renewable transport fuel in the State on economic activities in the State and on the environment.]

(2) An application for a F90[renewable transport fuel] obligation certificate shall be made in the prescribed form and shall include the prescribed information, particulars and documentation.

F95[(2A) (a) The Agency shall, in respect of each reporting period, make a determination specifying the closing date for the submission to it of applications for F90[renewable transport fuel] obligation certificates.

(b) The Agency shall publish a determination under paragraph (a) on its website as soon as is practicable after the date of its making.]

F96[(2B) (1) In respect of feedstocks which were previously determined eligible for two certificates per litre prior to the enactment of the Regulations of 2022, which are not explicitly listed in Annex IX, and for which revised determinations under 44G (11) are required —

(a) The Agency shall make determinations, in accordance with the provisions of 44G(11), as soon as reasonably practicable following enactment of these Regulations;

(b) Following completion of the determinations at subsection (1)(a), the Agency shall publish a notice on its website of the revised determinations;

(c) The determinations made by the Agency under subsection (1)(a) shall come into effect for applications made under 44G (1) for the obligation period commencing 1 January 2023.]

F97[(3) An application for a F90[renewable transport fuel] obligation certificate may be made at any time during the reporting period in which the F90[renewable transport fuel] was disposed of as referred to in subsection (1) but in any case not later than the closing date specified in respect of the reporting period concerned in a determination made under subsection (2A).]]

F98[(4) … ]

F89[(5) An application for a F90[renewable transport fuel] obligation certificate shall include a declaration in the prescribed form by the F90[renewable transport fuel] obligation account holder—

(a) that the information, particulars and documentation included in the application are to the best of his or her knowledge and belief accurate and true,

(b) that the F90[renewable transport fuel] the subject of the application meets such minimum standards in relation to the F90[renewable transport fuel] concerned as the Minister may prescribe under section 44X, and

(c) that the F90[renewable transport fuel] the subject of the application has not previously been counted towards the discharge of a renewable energy obligation applying in any Member State, including the State.

(6) It shall be a condition of a F90[renewable transport fuel] obligation certificate issued under this section that the F90[renewable transport fuel] obligation account holder to whom the certificate issued complies with section 44L in respect of the cancellation of certificates.

(7) The Agency shall not issue a F90[renewable transport fuel] obligation certificate under this section unless the F90[renewable transport fuel] obligation account holder has paid any amount due and owing under this Part to the Agency in respect of any liability arising in respect of the buy-out charge under section 44J or the F90[renewable transport fuel] levy, as the case may be.

(8) The Minister may make regulations for the purposes of this section providing for all or any of the following:

(a) the form in which an application for a F90[renewable transport fuel] obligation certificate shall be made, including by electronic means, as appropriate;

(b) the information, particulars and documentation to be included in an application for a F90[renewable transport fuel] obligation certificate including, but not necessarily limited to, the type, nature and quantity of F90[renewable transport fuel] the subject of the application;

(c) the form and content of the statement to be made for the purposes of subsection (4) and the information, particulars and documentation to be included in that statement for those purposes;

(d) the form and content of the declaration to be made for the purposes of subsection (5).

(9) For the purposes of this section, the Agency issues a F90[renewable transport fuel] obligation certificate to a F90[renewable transport fuel] obligation account holder by recording the credit of a certificate to the F90[renewable transport fuel] obligation account concerned.

(10) A F90[renewable transport fuel] obligation certificate shall be valid for the aggregate of the period (in this Part referred to as the "period of validity")—

(a) beginning on the first day of the obligation period in which the F90[renewable transport fuel] was disposed of as referred to in subsection (1) to the end of that obligation period, and

(b) the 2 years immediately following the end of that obligation period.

(11) F90[(a) The Agency may make a determination with regard to certain feedstocks listed in Annex IX Part A, specifically (b)-(d) and (p)-(q) inclusive, for the purposes of subsection (1)(a), in which case the Agency shall consult with the persons specified in paragraph (b) and may consult with such other persons as it considers appropriate in order to satisfy itself that the material used to produce the renewable transport fuel concerned falls within Annex IX Part A of the Directive, unless the Commission has previously provided such clarification concerning the feedstock.]

(b) For the purposes of paragraph (a), the Agency shall consult with—

(i) the National Standards Authority of Ireland,

(ii) Sustainable Energy Ireland — The Sustainable Energy Authority of Ireland,

(iii) the Environmental Protection Agency, and

(iv) F99[the Minister for Transport, Tourism and Sport.]

(12) Where, following consultation under subsection (11), the Agency is satisfied for the purpose specified in paragraph (a) of subsection (11), the Agency shall publish a draft of the proposed determination on its website and by such other means as the Agency considers appropriate inviting persons to make representations in writing to the Agency in relation to the proposed determination within 28 days from the date of publication on its website.

(13) The Agency, having considered any representations made under subsection (12), shall publish a notice of its determination in the Iris Oifigiúil and on its website and by such other means as the Agency considers appropriate.

(14) The Agency shall keep and maintain a list of F90[renewable transport fuels] in respect of which a determination is made for the purposes of subsection (1)(a) and shall publish the list on its website and by such other means as the Agency considers appropriate.

(15) A person commits an offence where he or she gives information under this section or any regulations made under it and he or she—

(a) knowingly makes any statement or representation (whether written or verbal) which is to his or her knowledge false or misleading in any material respect, or

(b) knowingly conceals any material fact, or

(c) produces or furnishes, or causes or knowingly allows to be produced or furnished, any information, particulars or documentation which he or she knows to be false in a material particular.]