Under the RTFO, NORA is required to make two forms of determinations:
Annex IX determinations; and
Statement of account determinations.
Annex IX Determinations
Biofuels produced from feedstocks listed in Annex IX of RED II are eligible to receive two Certificates per megajoule. Where a feedstock is not explicitly listed in Annex IX, the RTFO Team will carry out a determination to decide the eligibility of such feedstocks. In the event that Annex IX is modified by the European Commission, the updated Annex IX list will take precedent. NORA will maintain a list of the feedstocks for which a determination has been carried out.
One of three Certificate types (Red, Orange, or Green) will be awarded to renewable fuels that satisfy the sustainability and greenhouse gases (GHG) savings criteria, depending on the feedstock used to produce the fuels. Renewable fuels produced from food and feed crops will be awarded Red Certificates. Those produced from feedstocks listed in Annex IX Part A of RED II (or as determined by the RTFO Team to meet the descriptions contained in Annex IX Part A) will be awarded Green Certificates. All other renewable fuels will be awarded Orange Certificates.
Information relating to determinations for RTFO Certs
Under the amended Section 44G (2B) of the BOS Act, NORA was required to carry out revised determinations on feedstocks that were double counted but are not explicitly listed in Annex IX Part A of the recast Renewable Energy Directive (RED II). Where feedstocks are explicitly listed in Annex IX, there is no need to carry out a revised determination. For example, biofuel produced from 'straw' will receive two Green Certs per megajoule.
Before making a determination, NORA is required (under Section 44G (11)) to consult with the following persons (the consultees) in order to satisfy itself as to the nature of the renewable fuel feedstock:
the National Standards Authority of Ireland (NSAI),
the Sustainable Energy Authority of Ireland (SEAI),
the Environmental Protection Agency,
the Minister for the Environment, Heritage and Local Government,
other such persons as the Agency considers appropriate.
Following consideration of the opinions provided by the consultees, NORA will make its proposed determination as to the eligibility of a renewable fuel produced from a specific feedstock to receive two RTFO Certificates per megajoule and will publish all such proposed determinations on its website. Unsuccessful applicants will be informed why their products did not meet the criteria for double Certs.
Determinations from 1st January 2023
23/11/22 - Brewer's Spent Yeast - Orange Cert - 1 Cert/MJ
23/11/22 - Spent Bleaching Earth - Green Cert - 2 Certs/MJ
19/12/22 - Food Waste - Green Cert - 2 Certs/MJ
19/12/22 - Belly Grass - Green Cert - 2 Certs/MJ
21/12/22 - Liquid Whey Permeate - Green Cert - 2 Certs/MJ
21/12/22 - Waste Starch Slurry - Green Cert - 2 Certs/MJ
21/12/22 - Brown Grease - Green Cert - 2 Certs/MJ
There are currently two proposed determinations for consultation:
Soapstock Acid Oil Contaminated with Sulphur (published 30/01/24)
Wastes/Residues from Processing of Vegetable or Animal Oil (published 30/01/24)
Interested parties may submit representations in writing, preferably by email (BOS@nora.ie), to NORA in relation to the proposed determination within 28 days of publication.
At the end of the 28-day period, NORA, having considered any representations made, will publish a notice of its determination in the Iris Oifigiúil, on its website and by such other means as is considered appropriate.
Statement of Account Determinations
To comply with section 44 H of the BOS Act, an interim statement of account is available to view at all times on the RTFO online system.
Section 44 H requires NORA to:
In respect of each reporting period, give each account holder a statement showing the number of renewable fuel obligation certificates (if any) held to the credit of the renewable fuel obligation account concerned on the date of the statement, and the date of each such certificate.
Following receipt of a request in writing from an account holder, give a statement to the account holder in such form as NORA determines specifying the number of renewable fuel obligation certificates (if any) held to the credit of that account holder’s renewable fuel obligation account and the date of each such certificate.
For each reporting period, make a determination specifying the date by which it shall issue both of the above statements.