European Communities (Energy End-Use Efficiency and Energy Services) Regulations, 2009

• Jurisdiction: Ireland
• Citation: IR SI 542/2009
• Year: 2009

S.I. No. 542 of 2009

EUROPEAN COMMUNITIES (ENERGY END-USE EFFICIENCY AND ENERGY SERVICES) REGULATIONS 2009

Contents

PART 1

General

1. Citation.

2. Interpretation.

3. Application.

PART 2

Energy Efficiency Saving Targets

4. Energy saving targets.

5. Monitoring and measurement.

6. Provision of information by energy suppliers.

PART 3

Energy Services

7. Financial instruments for energy savings.

8. Energy audits.

9. Accreditation of energy auditors.

PART 4

Public Sector

10. Designation as a public body.

11. Exemplary role of public sector.

12. Public sector exemplar measures 1 — general measures.

13. Public sector exemplar measures 2 — energy audits.

14. Public sector exemplar measures 3 — procurement.

15. Public sector exemplar measures 4 — buildings.

PART 5

Promotion of Energy Efficiency by Energy Suppliers

16. Requirements on energy suppliers.

17. Voluntary Agreements by energy suppliers.

18. Energy Efficiency Fund.

PART 6

Amendments to Electricity Regulation Act 1999

19. Amendments to Act of 1999.

PART 7

Metering and Billing for Non-Regulated Energy Sector

20. Provision of advanced meters by providers of certain non-regulated forms of energy.

21. Informative billing by certain non-regulated energy suppliers.

PART 8

Enforcement

22. Authorised officers.

23. Powers of authorised officers.

24. Prosecution of offences.

25. Penalties.

26. Service of notices etc.

S.I. No. 542 of 2009

EUROPEAN COMMUNITIES (ENERGY END-USE EFFICIENCY AND ENERGY SERVICES) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 22nd December, 2009.

I, EAMON RYAN, Minister for Communications, Energy and Natural Resources, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving effect to Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 1 , hereby make the following Regulations:

PART 1 General

Citation.

1. (1) These Regulations may be cited as the European Communities (Energy End-use Efficiency and Energy Services) Regulations 2009.

Interpretation.

2. (1) In these Regulations—

“Act of 1999” means the Electricity Regulation Act 1999 (No. 23 of 1999);

“Act of 2002” means the Gas (Interim) (Regulation) Act 2002 (No. 10 of 2002);

“advanced meter” means an individual meter, and its associated communications and information technology systems, that accurately reflects an individual final customer’s energy usage and provides effective information on time of use of energy;

“Advisory Report” has the meaning assigned to it in Regulation 2 of the Regulations of 2006;

“Annex” means an annex to the Directive;

“Article” means an Article of the Directive;

“biomass” means the biodegradable fraction of products, waste and residues from biological origin from agriculture (including vegetal and animal substances), forestry and related industries including fisheries and aquaculture, as well as the biodegradable fraction of industrial and municipal waste;

“BER assessment” has the meaning assigned to it in Regulation 2 of the Regulations of 2006;

“BER Certificate” has the meaning assigned to it in Regulation 2 of the Regulations of 2006;

“Building Energy Rating” has the meaning assigned to it in Regulation 2 of the Regulations of 2006;

“Commission” means the Commission for Energy Regulation;

“Directive” means Directive 2006/32/EC of the European Parliament and of the Council of 5 April 20061;

“Display Energy Certificate” has the meaning assigned to it by Regulation 2(1) (inserted by Regulation 3 of the European Communities (Energy Performance of Buildings) (Amendment) (No. 2) Regulations 2008 ( S.I. No. 591 of 2008 )) of the Regulations of 2006;

“distribution system operator” means—

(a) in relation to natural gas, the holder of a licence granted under section 16(1)(d) (inserted by Regulation 24 of the European Communities (Internal Market in Natural Gas) (BGÉ) Regulations 2005 ( S.I. No. 760 of 2005 )) of the Act of 2002, and

(b) in relation to electricity, the holder of a licence granted under section 14(1)(g) of the Act of 1999;

“energy” means all forms of commercially available energy, including energy in the form of electricity, natural gas (including liquefied natural gas), liquefied petroleum gas, fuel for heating and cooling (including district heating and cooling), coal and lignite, peat, transport fuels (excluding aviation and maritime bunker fuels) and biomass;

“energy audit” means a systematic procedure to obtain adequate knowledge of the existing energy consumption profile of a building or group of buildings, of an industrial operation or installation or of a private or public service, to identify and quantify cost effective energy savings opportunities and report the findings;

“energy distributor” means a person, other than a distribution system operator or transmission system operator, that transports energy with a view to its delivery to final customers and to distribution stations that sell energy to final customers and subject to the foregoing, includes energy undertakings;

“energy efficiency” means a ratio between an output of performance, service, goods or energy and an input of energy;

“energy efficiency improvement” means an increase in energy end-use efficiency as a result of technological, behavioural or economic changes;

“energy efficiency improvement measure” means any action, including provision of information, that leads to verifiable and measurable or estimable energy efficiency improvement;

“energy efficiency improvement programme” means an activity focussing on groups of final customers and that normally lead to verifiable and measureable or estimable energy efficiency improvement;

“energy performance contracting” means a contractual arrangement between the beneficiary and the provider (normally an energy services company) of an energy efficiency improvement measure, where investments in that measure are paid for in relation to a contractually agreed level of energy efficiency improvement;

“energy service” means the physical benefit, utility or good derived from a combination of energy, with energy efficient technology or with action, or both, which may include the operations, maintenance and control necessary to deliver the service, which is delivered on the basis of a contract and in normal circumstances has proven to lead to verifiable and measurable or estimable energy efficiency improvement or primary energy savings, or both;

“energy services company (ESCO)” means a person that delivers energy services or other energy efficiency improvement measures in a final customers facility or premises, and accepts some degree of financial risk in so doing. The payment for the services delivered is based either wholly or in part on the achievement of energy efficiency improvements and on the meeting of the other agreed performance criteria;

“energy supplier” means an energy distributor, distribution system operator or retail energy sales company;

“energy undertaking” has the meaning assigned to it in section 2 (as amended by section 22 of the Act of 2002) of the Act of 1999;

“final customer” means a person purchasing energy for his or her own use;

“financial instruments for energy savings” means all financial instruments such as funds, subsidies, tax rebates, loans, third-party financing, energy performance contracting, guarantee of energy savings contracts, energy outsourcing and other related contracts that are made available to the market place by public or private bodies in order to cover partly or totally the initial project cost for implementing energy efficiency improvement measures;

“GWh” means gigawatt hours, a measure of energy usage;

“major renovation” shall be interpreted in accordance with recital 13 of Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings 2 ;

“Minister” means Minister for Communications, Energy and Natural Resources;

“primary energy equivalent” means the process for making units of different energy streams more comparable by adjusting units of electrical energy use to take account of the conversion losses in electricity generation;

“public body” has the meaning assigned to it in Regulation 10;

“Regulations of 2006” means European Communities (Energy Performance of Buildings) Regulations 2006 ( S.I. No. 666 of 2006 );

“retail energy sales company” means any person that sells energy to final customers, and subject to the foregoing, includes an energy undertaking;

“SEI” means Sustainable Energy Ireland;

“small energy supplier” means an energy distributor or retail energy sales company that—

(a) distributes or sells less than 75 GWh of energy per annum, or the equivalent,

(b) employs fewer than 10 full-time people, or the equivalent, or

(c) has an annual turnover or balance sheet total not exceeding €2 million;

“transmission system operator” means the holder of a license granted under section 14(1)(e) of the Act of 1999;

“transport fuel” means any form of commercially available energy used to drive propulsion of a means of transport;

“Voluntary Agreement” means a voluntary agreement approved by the Minister under Regulation 17.

(2) A word or expression that is used in these Regulations and is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.

Application.

3. (1) These Regulations apply to—

(a) energy distributors,

(b) distribution system operators,

(c) retail energy sales companies,

(d) providers of energy services and energy efficiency improvement measures, including energy audits, and

(e) final customers.

(2) These Regulations apply to the Defence Forces only to the extent...