National Oil Reserves Agency Act 2007

44I

F106[F107[ Compliance with renewable transport fuel obligation.]

44I. F107[(1) The Agency shall notify each obligated party in such form as the Agency determines within 60 days after the end of the obligation period concerned of

(a) the renewable transport fuel obligation relating to the obligated party for that period,

(b) the advanced biofuel obligation relating to the obligated party for that period

(c) the renewable transport fuel obligation certificates (if any) held against the renewable transport fuel obligation account concerning (a) and (b) above which may be counted towards the discharge of the renewable transport fuel obligation, and advanced biofuel obligation respectively for that period.

(d) the renewable transport fuel obligation certificates (if any) held that may be counted towards the contributions specified in 44C(4)(b) and (c).

(2) For the purposes of subsection (1)(c), each certificate shall have a value equivalent to one megajoule of the specified amount calculated in accordance with section 44C(3) for the purpose of determining the renewable transport fuel obligation.]

F108[(2A) At the end of the 2022 obligation period, the Agency may carry out a calculation as it sees fit and determine the conversion rate applied to certificates expressed in litres held for the 2022 period and the previous periods into certificates expressed in megajoules, for the purposes of determining certificates pursuant to subsection (6)(c).]

(3) Within F109[75 days] after the date of the notification under subsection (1), each obligated party shall, for the purpose of discharging the F107[renewable transport fuel] obligation, notify the Agency in such form as the Agency determines specifying by reference to such particulars as the Agency determines the F107[renewable transport fuel] obligation certificates held to the credit of the F107[renewable transport fuel] obligation account concerned which are to be counted towards the discharge of the F107[renewable transport fuel] obligation notified under subsection (1).

(4) Where an obligated party fails to notify the Agency within the period specified in subsection (3) of the number of F107[renewable transport fuel] obligation certificates to be so counted, the Agency shall determine which certificates held to the credit of the F107[renewable transport fuel] obligation account concerned are to be so counted in the date order according to which those certificates were issued and shall notify the obligated party accordingly in such form as the Agency determines as soon as is reasonably practicable.

(5) For the purposes of this section, the discharge of the F107[renewable transport fuel] obligation notified under subsection (1) shall be effected by recording a debit in the F107[renewable transport fuel] obligation account concerned of the F107[renewable transport fuel] obligation certificates to be counted under subsection (3) or (4), as appropriate, towards the discharge of the F107[renewable transport fuel] obligation so notified.

(6) (a) F110[Subject to paragraphs (b) and (c)] a F107[renewable transport fuel] obligation certificate, the period of validity of which has not expired, may be counted towards the discharge of the F107[renewable transport fuel] obligation notified under subsection (1) of the obligated party to whose F107[renewable transport fuel] obligation account the certificate is credited for any obligation period subsequent to the obligation period in respect of which the certificate issued.

(b) F111[For obligation periods beginning before 1 January 2020, a F107[renewable transport fuel] obligation certificate referred to in paragraph (a)] may not be counted towards the discharge of more than 25 per cent of the amount of the F107[renewable transport fuel] obligation notified to the obligated party under subsection (1) in respect of that subsequent obligation period.

F107[(c)For obligation periods beginning on or after 1 January 2020, a certificate referred to in paragraph (a) and (b) may not be counted towards the discharge of more than 15 per cent of the amount of the obligation notified to the obligated party under subsection (1) in respect of that subsequent obligation period.]

F112[(d) for obligation periods beginning on or after 1 January 2023, the Minister may also make regulations to specify a percentage (lower than 15 per cent) amount of certificates which may be counted against that obligation period, when considering the amount of buyout price for discharge of the obligations by payment under Section 44J (5) under this Part.

(e) for the purpose of this section, certificates in respect of the advanced biofuel obligation are not interchangeable with certificates in respect of the renewable transport fuel obligation.]

(7) A F107[renewable transport fuel] obligation certificate held to the credit of a F107[renewable transport fuel] obligation account may not be counted towards the discharge of the F107[renewable transport fuel] obligation notified under subsection (1) in respect of any obligation period which is prior to the period of validity of the certificate concerned.]

Annotations

Amendments:

F106

Inserted (1.07.2010) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 3, S.I. No. 322 of 2010.

F107

Substituted (15.07.2022) by European Union (Renewable Energy) Regulations (2) 2022 (S.I. No. 350 of 2022), reg. 17(1)(j)(i)-(iv), in effect as per reg. 1(2).

F108

Inserted (16.12.2022) by European Union (Renewable Energy) (Amendment) Regulations 2022 (S.I. No. 680 of 2022), reg. 3(1)(d).

F109

Substituted (30.11.2016) by Energy Act 2016 (12/2016), s. 32, S.I. No. 572 of 2016.

F110

Substituted (1.08.2020) by National Oil Reserves Agency (Amendment) and Provision of Central Treasury Services Act 2020 (6/2020), s. 22(a), S.I. No. 280 of 2020.

F111

Substituted (1.08.2020) by National Oil Reserves Agency (Amendment) and Provision of Central Treasury Services Act 2020 (6/2020), s. 22(b), S.I. No. 280 of 2020.

F112

Inserted (15.07.2022) by European Union (Renewable Energy) Regulations (2) 2022 (S.I. No. 350 of 2022), reg. 17(1)(j)(v), in effect as per reg. 1(2).

Modifications (not altering text):

C16

Functions transferred and references to the Minister for and Department of the Environment, Climate and Communications construed (28.02.2023, vesting day) by Oil Emergency Contingency and Transfer of Renewable Transport Fuels Functions Act 2023 (2/2023), ss. 23, 24, 28, S.I. Nos. 81, 82 of 2023, subject to transitional provisions in ss. 25-27, 29.

Transfer of functions to Minister for Transport

23. The functions conferred on the Minister by or under—

(a) sections 44A, 44C, 44D, 44E, 44F, 44G, 44H, 44I, 44J, 44K, 44L, 44M, 44N, 44Q, 44R, 44S, 44T, 44V, 44W and 44X of the Act of 2007, ...

are transferred to the Minister for Transport on the vesting day.

Transfer of administration and business

24. (1) The administration and business in connection with the performance of the functions transferred by section 23 are, on the vesting day, transferred to the Department of Transport.

(2) References to the Department of the Environment, Climate and Communications contained in any enactment (other than this Act) in so far as they relate to the administration and business transferred by subsection (1) shall, from the vesting day, be construed as references to the Department of Transport.

...

Construction of references to Minister

28. (1) References to the Minister contained in any enactment (other than this Act) in so far as they relate to any function transferred by section 23 shall, from the vesting day, be construed as references to the Minister for Transport.

...

Editorial Notes:

E52

Previous affecting provision: subs. (1) amended (16.04.2012) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 21(2)(a), S.I. No. 122 of 2012; subsection substituted (15.07.2022) as per F-note above.

E53

Previous affecting provision: subs. (3) amended (16.04.2012) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 21(2)(b), S.I. No. 122 of 2012; substituted as per F-note above.

E54

Previous affecting provision: subs. (6)(c) inserted (1.08.2020) by National Oil Reserves Agency (Amendment) and Provision of Central Treasury Services Act 2020 (6/2020), s. 22(c), S.I. No. 280 of 2020; substituted (15.07.2022) as per F-note above.