National Oil Reserves Agency Act 2007

F100[Obligation to include minimum percentage volume of renewable transport fuel

44GA

44GA. (1) The Minister for Transport may, from time to time, and with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, make regulations specifying a particular petroleum product in respect of which the Minister for Transport may prescribe a minimum percentage volume of renewable transport fuel specified by the regulations required to be included in that product so that it may be disposed of by sale or otherwise in the State by a renewable transport fuel obligation account holder.

(2) Before making regulations under this section, the Minister for Transport shall—

(a) consult with—

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

(ii) the Agency,

(iii) the Environmental Protection Agency,

(iv) the National Standards Authority of Ireland, and

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

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

(b) publish following consultation in accordance with paragraph (a), 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.

(3) The Minister for Transport may, having considered any representations made to him or her under subsection (2)(b), make the regulations with or without modification.

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

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

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

(c) 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 20182 on the Governance of the Energy Union and Climate Action;

(d) 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.]

Annotations:

Amendments:

F100

Inserted (28.02.2023) by Oil Emergency Contingency and Transfer of Renewable Transport Fuels Functions Act 2023 (2/2023), s. 11, S.I. No. 81 of 2023.

Editorial Notes:

E50

Power pursuant to section exercised (1.07.2023) by National Oil Reserves Agency Act 2007 (Minimum Percentage Volume of Renewable Transport Fuel in Petrol) Regulations 2023 (S.I. No. 142 of 2023), in effect as per reg. 1(2).

E51

The section heading is taken from the amending section in the absence of one included in the amendment.