Determinations

Under the RTFO, NORA must make several determinations.

Annex IX Determinations (from 1st January 2023)

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.

• RED II - Annex IX

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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, 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 renewable fuel feedstock:

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• 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.

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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.

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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

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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.

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Proposed Determinations

There are currently two proposed determinations being prepared for consultation:

• Soapstock Acid Oil Contaminated with Sulphur

• Wastes/Residues from Processing of Vegetable or Animal Oil

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When a consultation is open, interested parties may submit representations in writing to NORA, preferably by email (BOS@nora.ie), in relation to the proposed determination(s) within 28 days of publication.

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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.

Revised determinations take effect from the 1st January 2023. 

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