RTFO Relevant Legislation
The National Oil Reserves Agency (NORA) has been nominated to administer the Renewable Transport Fuel Obligation which commenced on 1 July 2010. NORA has engaged Consultants (a consortium of Byrne Ó Cléirigh and Evelyn Partners – with BÓC as the lead consultant) to assist in administering the scheme.
The following is a list of the relevant legislation (click on the titles to see pdfs):
S.I. 143 of 2023 provides for additional Certificates to be awarded to various renewable transport fuels with effect from 1st April 2023.
S.I. 142 of 2023 sets the minimum percentage volume of ethanol to be included in petrol to 5.5% by volume with effect from 1st July 2023.
S.I. 44 of 2023 sets the advanced biofuel buy-out charge to 0.08 euro per megajoule with effect from 9th February 2023.
S.I. 43 of 2023 amends the buy-out charge so as to now be 0.05 euro per megajoule with effect from 9th February 2023.
S.I. 710 of 2022 sets the advanced biofuel obligation at 0.3% by energy with effect from 1st January 2023.
S.I. 709 of 2022 increases the renewable fuel obligation from 14.942% by volume to 16.985% by energy with effect from 1st January 2023.
European Union (Renewable Energy) (Amendment) Regulations 2022.pdf - Irish Government
S.I. 680 amends certain provisions of S.I. 350, e.g. gives NORA the vires to convert 'litre' Certs carried over from 2022 into 'MJ' Certs in the 2023 period.
European Union (Renewable Energy) Regulations (2) 2022.pdf - Irish Government
S.I. 350 of 2022 implements aspects of the Recast Renewable Energy Directive (2018/2021) to reduce greenhouse gas emissions and increase use of energy from renewable sources to at least 32% by 2030.
S.I. 225 of 2022 increases the rate of the buy-out charge with effect from 6th May 2022.
S.I. 21 of 2022 increases the biofuel obligation from 12.359% by volume to 14.942% by volume with effect from 1st January 2022.
An Act to extend the purposes for which the levy on relevant disposals of petroleum products is paid; to amend and extend the objects, functions and powers of the National Oil Reserves Agency; to set the rate of the levy on relevant disposals of petroleum products; to set the rate of the biofuel levy; to make certain other amendments in relation to biofuel obligations.
S.I. 670 amends S.I. 160 of 2017 to make it clear the requirement to achieve the 6% carbon intensity reduction target applies not only in 2020, but every year thereafter.
S.I. 38 of 2019 increases the biofuel obligation from 10% by volume to 11% (12.359%) by volume with effect from 1st January 2020.
Recast Renewable Energy Directive (2018/2001).pdf - European Parliament & Council
RED II builds upon the approach and the concepts contained in the RED; ultimately its objective is to put in place measures to assist the EU with reducing greenhouse gas emissions, in compliance with the Union’s commitment under the 2015 Paris Agreement on Climate Change and the Union 2030 energy and climate framework. Other elements of overarching importance are developing renewable heating and cooling, and renewable transport fuels. RED II sets a 14% target for renewable energy in transport by 2030. There are various sub-targets and constraints that are designed to transition the biofuel market away crop-based biofuels to advanced biofuels (i.e. those predominately produced from wastes and residues) and to limit UCO and tallow derived biofuels.
The regulations transpose elements of Directive 2015/1513 (the Indirect Land-use Change (ILUC) Directive) relating to the RED (2009/28/EC).
S.I. 198 of 2018 increases the biofuel obligation from 8% to 10% with effect from 1st January 2019.
S.I. 160 of 2017 transposes Article 7a of the Fuel Quality Directive (FQD), which introduces an obligation of fuel suppliers to reduce the carbon intensity of transport fuels by 6% by the end of 2020, when compared with a 2010 baseline. NORA has been designated as the government agency reponsible for administering compliance by fuel suppliers with the 6% target.
European Union (Renewable Energy) (Amendment) Regulations 2016.pdf- Irish Government
From 1 January 2017, amends the European Union (Renewable Energy) Regulations 2014 to change the levels of greenhouse gas savings required by biofuels and bioliquids to:
in the case of installations starting operation after 5 October 2015, 60 percent, and
in the case of installations that were in operation on or before 5 October 2015, at least 35 per cent until 31 December 2017 and at least 50 per cent from 1 January 2018.
Energy Act (Commencement of Certain Provisions) (No. 2) Order 2016.pdf - Irish Government
Gives effect to the provisions of the Energy Act that provide increased flexibility to the BOS end-of-period reconciliation dates (Sections 29 to 32).
Energy Act 2016.pdf- Irish Government
Part 8 amends Sections 44G, 44H and 44I of the BOS Act to provide increased flexibility concerning end-of-period reconciliation dates as well as allowing NORA to determine the deadline dates for quarterly applications for BOS Certs.
Increases the obligation rate under the Biofuel Obligation Scheme from 6% by volume to 8% by volume with effect from 1 January 2017.
European Union (Renewable Energy) Regulations 2014.pdf - Irish Government
Implements aspects of the Renewable Energy Directive (2009/28/EC) relating to the sustainability criteria for biofuels and bioliquids and the calculation of the greenhouse gas impact of biofuels, bioliquids and their fossil fuel comparators.
Increases the obligation rate under the Biofuel Obligation Scheme from 4% by volume to 6% by volume with effect from 1 January 2013. This increase is the first in a series of increases required up to 2020, in order that Ireland can meet the requirement set out in the Renewable Energy Directive that each member state must ensure that a minimum of 10% of energy used in transport comes from renewable sources.
Energy (Miscellaneous Provisions) Act 2012.pdf - Irish Government
Chapters 7 & 8 provide for amendments to the BOS Act.
The Renewable Energy Directive (2009/28/EC).pdf - European Parliament & Council
The Directive requires Member States to ensure that 10% of final energy consumption in transport is from renewable sources. It also sets out, inter alia, the mandatory sustainability criteria which biofuels are required to satisfy.
S.I. No 33 of 2012 - (Biofuel Sustainability Criteria) Regulations 2012.pdf - Irish Government
Places the obligation on BOS account holders to comply with the provisions of Articles 17 and 18 of the Renewable Energy Directive.
National Oil Reserves Agency Act 2007 (Biofuel Obligation Buy-out Charge) Regulations 2010.pdf- Irish Government
Specifies the rate of the buy-out charge.
Specifies the information to be included in the Levy Return submitted to the DECC and the rate of the biofuel levy.
Gives effect to certain provisions of the BOS Act.
This Revised Act is an administrative consolidation of the National Oil Reserves Agency Act 2007. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010.pdf - Irish Government
The BOS Act.