European Communities (Renewable Energy) Regulations, 2011

• Jurisdiction: Ireland

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st April, 2011.

I, PAT RABBITTE, 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 2009/28/EC of the European Parliament and of the Council of 23 April 20091 , hereby make the following regulations:

Citation

1. These Regulations may be cited as the European Communities (Renewable Energy) Regulations 2011.

Interpretation

2. (1) In these Regulations—

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

“aerothermal energy” means energy stored in the form of heat in the ambient air;

“biomass” has the meaning assigned to it by section 44A(1) (inserted by section 3 of the Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (No. 11 of 2010)) of the National Oil Reserves Agency Act 2007 (No. 7 of 2007);

“CER” means Commission for Energy Regulation;

“Directive” means Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 1 on the promotion of the use of energy from renewable sources;

“distribution” has the meaning assigned to it by section 2(1) of the Act of 1999;

“distribution system operator” means the holder of a licence under section 14(1)(g) of the Act of 1999;

“energy from renewable sources” means energy from renewable non-fossil sources, namely wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases;

“final customer” has the meaning assigned to it by section 2(1) of the Act of 1999;

“geothermal energy” means energy stored in the form of heat beneath the surface of solid earth;

“generator” means the holder of a licence under section 14(1)(a) of the Act of 1999;

“generating station” has the meaning assigned to it by section 2(1) of the Act of 1999;

“generating unit” means a unit of a generating station;

“guarantee of origin” means an electronic document which has the sole function of providing proof to a final customer that a given share or quantity of energy was generated from renewable sources;

“guarantee of origin for high efficiency CHP” means a guarantee that electricity is produced from high efficiency cogeneration, as defined by section 7 of the Act of 1999;

“hydrothermal energy” means energy stored in the form of heat in surface water;

“Internal Market Regulations” means the European Communities (Internal Market in Electricity) Regulations 2005 ( S.I. No. 60 of 2005 );

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

“PSO generator” means a generator that is party to a REFIT or AER Power Purchase Agreement listed in Schedule 1, Part 3; Schedule 1A; Schedule 1B; or Schedule 3 to the Electricity Regulation Act 1999 (Public Service Obligations) Order 2002 ( S.I. No. 217 of 2002 );

“public body” has the meaning assigned to it by Regulation 10 of the European Communities (Energy End-Use Efficiency and Energy Services) Regulations 2009 ( S.I. No. 542 of 2009 );

“public building” means a building, or that part of a building, to which members of the public generally have access and which is occupied, managed or controlled by a public body;

“SEAI” means Sustainable Energy Authority of Ireland;

“SEMO” has the meaning assigned to the Single Electricity Market Operator by section 2(1) of the Act of 1999;

“Single Electricity Market Trading and Settlement Code” means the code of that name established pursuant to section 9BA(1) of the Act of 1999 and so designated pursuant to Regulation 4 of the Single Electricity Market Regulations, as from time to time revised, amended, supplemented or replaced;

“supplier” means a person licensed under section 14(1)(b), (c) or (d) of the Act of 1999;

“support scheme” means any instrument, scheme or mechanism introduced by the Government, that promotes the use of energy from renewable sources by reducing the cost of that energy, increasing the price at which it can be sold, or increasing, by means of a renewable energy obligation or otherwise, the volume of such energy purchased. This includes, but is not restricted to, investment aid, tax exemptions or reductions, tax refunds, renewable energy obligation support schemes including those using green certificates, and direct price support schemes including feed-in tariffs and premium payments;

“transmission” has the meaning assigned to it by section 2(1) of the Act of 1999;

“transmission system operator” means the holder of a licence under section 14(1)(e) of the Act of 1999.

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

Exemplary role of public bodies regarding public buildings

3. (1) A public body shall take such steps as it consider appropriate to ensure that a public building—

(a) constructed after 31 December 2011, or

(b) subject to major renovation after that date,

fulfils an exemplary role in the context of the Directive.

(2) A public body may consult with SEAI for the purposes of ensuring public buildings fulfil an exemplary role in the context of the Directive.

Access to and operation of the grid

4. (1) In order to achieve the target addressed to...