Stock Maintenance
The Petroleum Oils (Regulation or Control of Acquisition, Supply, Distribution or Marketing) (Continuance) Orders made provision requiring a certain percentage of purchase to be made from the state-owned Whitegate refinery. Irish National Petroleum Corporation
The Irish National Petroleum Corporation Limited Act 2001 provided for the sale of shares in the company to facilitate its privatisation.
The European Communities (Minimum Stocks Of Petroleum Oils) Regulations 1995 established a National Oil Reserves Agency contemplated by Directives 68/414/EEC and 72/425/EEC in relation to maintaining 90 days minimum oil reserve. The pre-existing legislation had obliged private importers to maintain stocks. The amended regulations provide for agency costs being met by a levy on sales of oil.
National Oil Reserves Agency Act 2007 (Returns and Levy) Regulations are made from time to time.
The 2006 Act allows for emergency measures in the event of a sudden threat to the energy market whether arising from physical safety or security infrastructure or the integrity of the gas or electricity distribution and transmission networks. The Minister may by order direct the CER (CRU) for authorised undertakings to take safeguard measures as may be specified. The measures must be no more than necessary to deal with the particular disturbance or emergency.
Directive 2009/28, the Renewable Energy Directive requires EU states to have 10% use of renewables in transport by 2020. Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 provides for a biofuel obligation. Suppliers are required to use biofuel in the fuel mix to represent a percentage of their annual fuel sales.
The initial rate is 4% which is to be increased over time. This is designed to give the biofuel sector certainty in relation to market purchasers to allow them invest and grow. The Act amends the National Oil Reserves Agency Act 2007 to allow the National Oil Reserves Agency to administer the biofuel obligations behalf of the Minister.
Under the 2007 Act oil companies pay the levy of 2% per litre of petroleum products sold to the agency. The levy may be extended to include biofuels. The levy has been increased and by 2019 it was 11.11%. The specified percentages by volume of motor fuel placed on the market must be produced from renewable sources such as bioethanol and biodiesel.
Energy (Miscellaneous Provisions) Act 2012 implements Directive 2009/119/EC which requires EU states to maintain minimum stocks of crude oil and petroleum products.
Oil companies that sell road transport fuel must include a volume of biofuels in the sale. They must open an account with NORA. There are provisions for applying to open an account and appeal procedures. The account is managed by NORA electronically. All companies and others with obligations receive a credit with a Certificate for each litre of biofuel sold. A double credit is available for biodegradable residue of manufactured biofuel. They are awarded automatically and electronically.
NORA advises biofuel account holders at the end of each period of the status of Certificates held. They are obliged to notify advise parties of the compliance requirements of whether they are of and how much they are obliged to pay by way out we have bio charge if they do not discharge the obligation in full with Certificates.
If an account holder has been awarded Certificates for biofuel use in the State and export biofuel the Certificates are withdrawn.
The levy is payable on a monthly basis to NORA to cover the cost of the scheme. The Minister calculates the levy due. Interest is paid if not paid when due.
The Minister may make regulations in relation to returns to be made to NORA by those holding accounts and subject to obligations. Records are to be kept. The Minister may prescribe minimum standards in relation to biofuels consumed or disposed of and required to be met for the purpose of applying for and obtaining a biofuel obligations Certificate.
The Department may make a contingency plan to allow for prospective oil supply disruption. There is an obligation on all companies to work with the Minister and the Agency in relation to the development of contingency plans. These are obliged to provide information to assist in
Regulation (EU) 2019/941 (the Risk Preparedness Regulation) deals with energy security. It sets out steps required if there is an energy crisis. The risk of significant energy shortage is determined by the states and set out in the risk preparedness plans. States must submit risk preparedness plans as to how they fulfil their obligations under the regulation. EirGrid and the CER (CRU after the 2016 Act) are responsible for risk preparedness plans and issues under the regulation.
European Union (Measures for a High Common Level of Security of Network and Information Systems) Regulations 2018 improve measures to boost Irish network Information Systems so that they are better able to withstand cyberattack. They designate, the authorities, set up computer security incident response teams and provide for national cyber security strategies.
The European Union (Renewable Energy and Biofuel Sustainability Criteria) (Amendment) Regulations 2018 (S.I. No. 169 of 2018) applied a 7% limit on the contribution crop-based biofuels could make to Ireland’s renewable energy targets. The purpose was to reduce the risk of indirect land use change occurring which itself had implications for greenhouse gas emissions.
Biofuel obligation applies to all road transport liquid fuels. Entities subject to the legislation may apply for CER (CRU) certificates in aggregate form for petrol and diesel. There are published conversion factors for the fuels and other fuels.
Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 confers functions on the CER (CRU) in relation to establishment of a liquid petroleum gas safety framework.