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Determinations up to 31st December 2022

Under Section 44G (1) (a) of the BOS Act, NORA must make a determination as to the eligibility of any biofuel to receive two BOS Certs per litre if the material used to produce the fuel can be considered to be one of the following: a biodegradable waste, residue, non-food cellulosic material, ligno-cellulosic material, or algae. 

Under the amended Section 44G (2B) of the BOS Act, NORA is required to carry out revised determinations on feedstocks that are currently double counted but are not explicitly listed in Annex IX Part A of the revised Renewable Energy Directive (RED II).  The revised determinations will take effect from the 1st January 2023.  Where feedstocks are explicitly listed in Annex IX, there is no need to carry out a revised determination.  For example, from 1st January 2023, biofuel produced from straw will receive two Green Certs per megajoule (moving to energy-based obligation in 2023).  

Before making a determination or a revised 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 biofuel 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 biofuel produced from a specific feedstock to receive double BOS Certs 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.

Final Determinations are published here.
Proposed Determinations are published here.

Interested parties may submit representations in writing 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.

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