European Union (Biofuel Sustainability Criteria) Regulations 2012

• Jurisdiction: Ireland
• Citation: IR SI 33/2012

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th February, 2012.

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 certain provisions of Directive 2009/28/EC, hereby make the following regulations:

Citation

1. These Regulations may be cited as the European Union (Biofuel Sustainability Criteria) Regulations 2012.

Interpretation

2. (1) In these Regulations—

“Act” means the National Oil Reserves Agency Act 2007 (No. 7 of 2007);

“Agency” means the National Oil Reserves Agency;

“biofuel” means liquid or gaseous fuel for transport produced from biomass;

“biofuel obligation” has the meaning assigned to it by section 44C of the Act;

“biofuel obligation account” has the meaning assigned to it under section 44E of the Act and references to ‘biofuel obligation account holder’ shall be construed accordingly;

“biofuel producer” means a person who produces biofuel for his or her own use or for sale;

“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;

“Directive” means Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009;

“Directive of 1998” means Directive 98/70/EC of the European Parliament and of the Council of 15 October 1998, as amended by the following:

(a) Commission Directive 2000/71/EC of 7 November 2000;

(b) Directive 2003/17/EC of the European Parliament and of the Council of 3 March 2003;

(c) Regulation (EC) No. 1882/2003 of the European Parliament and of the Council of 29 September 2003;

(d) Commission Directive 2011/63/EU of 1 June 2011;

(e) Directive 2009/30/EC of the European Parliament and of the Council of 23 April 2009;

“disposal of biofuel” means a relevant disposal of biofuel (within the meaning of section 44N of the Act).

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

Application

3. These Regulations apply to biofuel obligation account holders who apply for a biofuel obligation certificate under section 44G(1) of the Act.

National scheme

4. (1) The Agency shall establish a procedure (as referred to in the second subparagraph of Article 18(4) of the Directive) by which biofuel obligation account holders may demonstrate compliance with Article 17(2) to 17(5) of the Directive for biofuel in respect of which biofuel obligation certificates are being applied for.

(2) In order to meet the sustainability criteria, the procedure referred to at paragraph (1) shall provide that agricultural raw materials cultivated in a Member State (including the State) and used for the production of biofuels shall be obtained in accordance with the requirements and standards under the provisions referred to—

(a) under the heading “Environment” in part A, and

(b) in point 9,

of Annex II to Council Regulation (EC) No. 73/2009 of 19 January 2009.

Statement of compliance with certain provisions of the Directive

5. (1) A biofuel obligation account holder, in seeking to comply with section 44G(4) of the Act, shall furnish to the Agency a statement of compliance with Articles 17 and 18 of the Directive specifying which of the following methods has been utilised with respect to each disposal of biofuel:

(a) through completion of the procedure set out in Regulation 4;

(b) through a bilateral or multilateral agreement concluded by the European Community with a third country, as referred to in the first subparagraph of Article 18(4) of the Directive;

(c) through a voluntary national or international scheme recognised by the European Commission as referred to in the second subparagraph of Article 18(4) of the Directive;

(d) through compliance with a national scheme of another Member State, as referred to in Articles 17(8) and 18(7) of...