Oil Emergency Contingency and Transfer of Renewable Transport Fuels Functions Act 2023

Oil Emergency Contingency and Transfer of Renewable Transport Fuels Functions Act 2023 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2023 Oil Emergency Contingency and Transfer of Renewable Transport Fuels Functions Act 2023 Oil Emergency Contingency and Transfer of Renewable Transport Fuels Functions Act 2023 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 2 of 2023 OIL EMERGENCY CONTINGENCY AND TRANSFER OF RENEWABLE TRANSPORT FUEL FUNCTIONS ACT 2023 CONTENTS

PART 1

Preliminary and General Section

Section 1

PART 2

Amendment of National Oil Reserves Agency Act 2007

Section 2

Section 3

Section 4

Section 5

Section 6

Section 7

Section 8

Section 9

Section 10

Section 11

Section 12

Section 13

Section 14

Section 15

Section 16

Section 17

Section 18

Section 19

Section 20

Section 21

Section 22

PART 3

Transfer of certain functions under Act of 2007

Section 23

Section 24

Section 25

Section 26

Section 27

Section 28

Section 29

Section 30

PART 4

Amendment of Fuels (Control of Supplies) Act 1971

Section 31

PART 1

Preliminary and General Short title and commencement 1. (1) This Act may be cited as the Oil Emergency Contingency and Transfer of Renewable Transport Fuel Functions Act 2023.

PART 2

Amendment of National Oil Reserves Agency Act 2007 Definitions 2. In this Act— “Act of 1971” means the Fuels (Control of Supplies) Act 1971 ; “Act of 2007” means the National Oil Reserves Agency Act 2007 ; “Minister” means the Minister for the Environment, Climate and Communications; “vesting day” means the day appointed under section 30 to be the vesting day.

Amendment of section 2 of Act of 2007 3. Section 2 of the Act of 2007 is amended— (a) by the insertion of the following definitions: “‘Oil Emergency Plan’ has the meaning assigned to it by section 68; ‘public body’ means any of the following: (a) a Minister of the Government; (b) a local authority; (c) the Health Service Executive; (d) a university or institute of technology; (e) an education and training board established under section 9 of the Education and Training Boards Act 2013 ; (f) any other person, body or organisation established— (i) by or under an enactment (other than the Companies Act 2014 ) or charter, (ii) by any scheme administered by a Minister of the Government, or (iii) under the Companies Act 2014 in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of money provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government; (g) a company (within the meaning of the Companies Act 2014 ) a majority of the shares in which are held by or on behalf of a Minister of the Government; (h) any other person, body, organisation or group that the Minister may prescribe for the purposes of this Act; ‘register’ has the meaning assigned to it by section 69.”, and (b) by the substitution of the following definition for the definition of “prescribed”: “‘prescribed’ means prescribed (other than in sections 44D, 44E, 44G, 44GA, 44X and 44J) by regulations made by the Minister;”.

Amendment of section 15 of Act of 2007 4. Section 15 of the Act of 2007 is amended by the insertion of the following subsection after subsection (3): “(3A) Prior to approving a strategy statement, the Minister shall consult with the Minister for Transport in relation to the information included in the strategy statement pursuant to subsection (3) where such information relates to functions transferred to the Minister for Transport under section 23 of the Oil Emergency Contingency and Transfer of Renewable Transport Fuel Functions Act 2023.”.

Amendment of section 28 of Act of 2007 5. Section 28 of the Act of 2007 is amended— (a) in subsection (1), by the substitution of “shall submit to the Minister” for “shall submit”, and (b) by the insertion of the following subsection after subsection (2): “(2A) On receipt of the annual report from the Agency under subsection (1), the Minister shall provide a copy of the annual report to the Minister for Transport.”.

Amendment of section 29 of Act of 2007 6. Section 29 of the Act of 2007 is amended by the insertion of the following subsection after subsection (3): “(3A) The Minister shall, as soon as may be after he or she has been presented, under subsection (3), with the documents referred to in that subsection, provide copies of those documents to the Minister for Transport.”.

Amendment of section 30 of Act of 2007 7. Section 30 of the Act of 2007 is amended by the insertion of the following subsections after subsection (2): “(3) If required by the Minister for Transport, the Agency shall provide the Minister for Transport with information in relation to such matters as he or she may specify concerning or relating to— (a) the performance of its functions (including those performed through a subsidiary) under: (i) Part 5A; (ii) the European Union (Biofuel Sustainability Criteria) Regulations 2012 ( S.I. No. 33 of 2012 ); (iii) the European Union (Greenhouse Gas Emission Reductions, Calculation Methods and Reporting Requirements) Regulations 2017 ( S.I. No. 160 of 2017 ), and (b) its plans for the future performance of its functions under Part 5A or either of the instruments referred to at subparagraphs (ii) and (iii) of paragraph (a).

Amendment of section 43A of Act of 2007 8. Section 43A of the Act of 2007 is amended by the substitution of the following subsection for subsection (2): “(2) Taxpayer information transferred to the Minister by the Revenue Commissioners under subsection (1) may be used by the Minister in the exercise of his or her powers and functions relating to the administration of the levy or the preparation of the Oil Emergency Plan only and shall not be disclosed by the Minister to any other person for any purpose whatsoever.”.

Amendment of section 44D of Act of 2007 9. Section 44D of the Act of 2007 is amended, in subsection (4), by the substitution of the following paragraph for paragraph (b): “(b) For the purposes of paragraph (a), the Minister shall consult with— (i) the Minister for Finance, (ii) the Minister for Public Expenditure and Reform, (iii) the Minister for the Environment, Climate and Communications, (iv) the Agency, (v) the Environmental Protection Agency, (vi) the National Standards Authority of Ireland, and (vii) Sustainable Energy Ireland — The Sustainable Energy Authority of Ireland, and may consult with such other persons as he or she considers appropriate.”.

Amendment of section 44G of Act of 2007 10. Section 44G of the Act of 2007 is amended— (a) in subsection (1) — (i) in paragraph (a), by the substitution of “eligible,” for “eligible, and”, (ii) in paragraph (b), by the substitution of “fuel, and” for “fuels.”, and (iii) by the insertion of the following paragraph after paragraph (b): “(c) such additional certificates as the Minister may provide for by regulations made under subsection (1B).”, and (b) by the insertion of the following subsection after subsection (1A): “(1B) (a) The Minister for Transport may, from time to time, make regulations providing for the Agency to issue, in accordance with this section and notwithstanding subsection (1), on such terms and conditions as the Minister for Transport may specify, additional certificates in respect of renewable transport fuel. (b) Without prejudice to the generality of paragraph (a), regulations under that paragraph may: (i) specify a particular renewable transport fuel in respect of which an additional certificate or certificates may be issued by the Agency, and the number of certificates that may be issued, in respect of the renewable transport fuel concerned; (ii) to encourage renewable transport fuel obligation account holders to supply a particular renewable transport fuel for use in economic or transport sectors within the State specified in the regulations or for specific purposes or means of transport, provide that additional certificates may be issued where that renewable transport fuel is used within any of those sectors or for those specific purposes or means of transport. (c) Before making regulations under this subsection, the Minister for Transport shall— (i) consult with— (I) the Minister for Finance, (II) the Minister for Public Expenditure and Reform, (III) the Minister for the Environment, Climate and Communications, (IV) the Agency, (V) the Environmental Protection Agency, (VI) the National Standards Authority of Ireland, and (VII) Sustainable Energy Ireland — The Sustainable Energy Authority of Ireland, and may consult with such other persons as he or she considers appropriate, and (ii) publish, following consultation in accordance with subparagraph (i), on the website of the Department of Transport and by any other means as he or she considers appropriate, a draft of the proposed regulations inviting persons to make representations in writing to the Minister for Transport in relation to the proposed regulations within 28 days from the date of publication and consider any representations made to him or her.

(d) The Minister for Transport may, having considered any representations made to him or her under paragraph (c)(ii), make the regulations with or without modification. (e) When making regulations under this subsection, the Minister for Transport shall have regard to the following: (i) the effect of such regulations on fuel prices in the State; (ii) the information submitted by the State to the European Commission pursuant to Article 30(3) of the Directive; (iii) the integrated national energy and climate plans and corresponding progress reports submitted by the State to the European Commission pursuant to Articles 3, 17 and 20 of Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 1 on the Governance of the Energy Union and Climate Action; (iv) carbon budgets prepared and approved under sections 6A and 6B respectively of the Climate Action and Low Carbon Development Act 2015 and sectoral emissions ceilings prepared and approved under section 6C of that Act, and may have regard to such other matters as he or she considers appropriate relating to the effects, if any, of increased consumption of renewable transport fuel in the State on economic activities in the State and on the environment.”.

Obligation to include minimum percentage volume of renewable transport fuel 11. The Act of 2007 is amended by the insertion of the following section after section 44G: “44GA. (1) The Minister for Transport may, from time to time, and with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, make regulations specifying a particular petroleum product in respect of which the Minister for Transport may prescribe a minimum percentage volume of renewable transport fuel specified by the regulations required to be included in that product so that it may be disposed of by sale or otherwise in the State by a renewable transport fuel obligation account holder.

Amendment of section 44J of Act of 2007 12. Section 44J of the Act of 2007 is amended, in subsection (7), by the substitution of the following paragraph for paragraph (b): “(b) For the purposes of paragraph (a), the Minister shall consult with— (i) the Minister for Finance, (ii) the Minister for Public Expenditure and Reform, (iii) the Minister for the Environment, Climate and Communications, (iv) the Agency, (v) the Environmental Protection Agency, (vi) the National Standards Authority of Ireland, and (vii) Sustainable Energy Ireland — The Sustainable Energy Authority of Ireland.”.

Amendment of section 44U of Act of 2007 13. Section 44U of the Act of 2007 is amended by the substitution of “The Minister may, following consultation with the Minister for Transport, make regulations” for “The Minister may make regulations,”.

Exemption from renewable transport fuel obligation in cases of particular urgency 14. The Act of 2007 is amended by the insertion of the following section after section 44X: “44Y. (1) The Minister for Transport may determine that oil stocks released, or to be released, by the Agency pursuant to a direction of the Minister under section 35 may, in a case of particular urgency in order to avoid, or mitigate against, a major supply disruption or the risk thereof, be exempt from the renewable transport fuel obligation under section 44C.

Amendment of section 46 of Act of 2007 15. Section 46 of the Act of 2007 is amended— (a) in subsection (1) — (i) in paragraph (b), by the substitution of “the Minister and the Minister for Transport” for “the Minister”, and (ii) by the substitution of the following paragraph for paragraph (c): “(c) any other person including an officer of the Minister or the Agency appointed to be an authorised officer by the Minister or including an officer of the Minister for Transport appointed to be an authorised officer by the Minister for Transport, as the case may be,”, (b) in subsection (4)(b), by the substitution of “by the Minister or the Minister for Transport, as the case may be” for “by the Minister”, and (c) in subsection (6), by the insertion of the following paragraph: “(ba) if made by the Minister for Transport, on the Minister for Transport revoking the appointment,”.

Amendment of section 47 of Act of 2007 16. Section 47 of the Act of 2007 is amended— (a) in subsection (1), by the substitution of “the Minister, the Minister for Transport or the Agency of their respective functions under this Act” for “the Minister or the Agency of their functions under this Act”, (b) by the substitution of the following subsection for subsection (2): “(2) Any information obtained by an auditor appointed under section 46(1)(b) shall be given directly to both the Minister and the Minister for Transport.”, and (c) by the insertion of the following subsection after subsection (2): “(2A) The Minister or the Minister for Transport, as the case may be, may send to the Agency any information given to him or her under subsection (2) where he or she considers it appropriate to do so.”.

Amendment of section 58 of Act of 2007 17. Section 58 of the Act of 2007 is amended, in subsection (1), by the substitution of “The Minister may make regulations, other than the regulations referred to in section 58A(1)—” for “The Minister may make regulations—”.

Regulations and orders - Minister for Transport 18. The Act of 2007 is amended by the insertion of the following section after section 58: “58A. (1) The Minister for Transport may make regulations— (a) for any purpose in relation to which regulations are provided for in sections 44D, 44E, 44G, 44GA, 44J and 44X, and (b) for prescribing any matter or thing referred to in sections 44D, 44E, 44G, 44GA, 44J and 44X as prescribed or to be prescribed.

Amendment of section 64 of Act of 2007 19. Section 64 of the Act of 2007 is amended by the substitution of the following subsection for subsection (1): “(1) Summary proceedings for an offence may be brought and prosecuted— (a) in the case of an offence under section 44E, 44G or 44GA, by the Minister for Transport or the Agency, (b) in the case of an offence under section 44U or 50, by the Minister or the Agency, and (c) in the case of an offence under section 59, by the Minister.”.

Amendment of section 68 of Act of 2007 20. The Act of 2007 is amended by the substitution of the following section for section 68: “Oil Emergency Plan 68. (1) Subject to subsection (4), the Minister shall prepare a contingency plan (in this Act referred to as the ‘Oil Emergency Plan’), to be implemented in the event of an oil supply disruption.

Register 21. The Act of 2007 is amended by the insertion of the following section after section 68: “Register 69. (1) The Minister shall, as soon as may be after the coming into operation of this section, establish and maintain a register of oil companies to be known as the Petroleum Register, and referred to in this section as the ‘register’.

Provision of information by Minister to Minister for Transport 22. The Act of 2007 is amended by the insertion of the following section after section 69: “Provision of information by Minister to Minister for Transport 70. (1) The Minister shall, at the request of the Minister for Transport, and may, as he or she considers appropriate, provide information to the Minister for Transport relating to: (a) returns made by renewable transport fuel obligation account holders pursuant to regulations made by the Minister under section 44U; (b) the prosecution of offences by the Minister or the Agency under section 44U; (c) the performance by the Minister of his or her functions under sections 44O and 44P.”.

PART 3

Transfer of certain functions under Act of 2007 Transfer of functions to Minister for Transport 23. The functions conferred on the Minister by or under— (a) sections 44A, 44C, 44D, 44E, 44F, 44G, 44H, 44I, 44J, 44K, 44L, 44M, 44N, 44Q, 44R, 44S, 44T, 44V, 44W and 44X of the Act of 2007, (b) the European Union (Biofuel Sustainability Criteria) Regulations 2012 ( S.I. No. 33 of 2012 ), (c) the European Union (Greenhouse Gas Emission Reductions, Calculation Methods and Reporting Requirements) Regulations 2017 ( S.I. No. 160 of 2017 ), and (d) Regulation 4 of the European Union (Renewable Energy) Regulations (2) 2022 ( S.I. No. 350 of 2022 ), are transferred to the Minister for Transport on the vesting day.

Transfer of administration and business 24. (1) The administration and business in connection with the performance of the functions transferred by section 23 are, on the vesting day, transferred to the Department of Transport.

Pending legal proceedings 25. Where, immediately before the vesting day, any legal proceedings are pending to which the Minister is a party and the proceedings have reference to functions transferred by section 23 the name of the Minister for Transport shall, to the extent that they have such reference, be substituted for the Minister in those proceedings or added in the proceedings, as may be appropriate, and the proceedings shall not abate by reason of such substitution.

Completion of certain matters commenced 26. Anything commenced but not completed before the vesting day by or under the authority of the Minister may, in so far as it relates to a function transferred by section 23 , be carried on and completed by the Minister for Transport.

Operation of certain instruments 27. Every instrument (including any certificate or licence) granted or made in the performance of a function transferred by section 23 shall, if and in so far as it was operative immediately before the vesting day, continue to have effect from the vesting day as if it had been granted or made by the Minister for Transport.

Construction of references to Minister 28. (1) References to the Minister contained in any enactment (other than this Act) in so far as they relate to any function transferred by section 23 shall, from the vesting day, be construed as references to the Minister for Transport.

Transfer of property, etc. to Minister for Transport 29. (1) All property, rights and liabilities held, enjoyed or incurred before the vesting day by the Minister in connection with any function transferred by section 23 are, on the vesting day, transferred to the Minister for Transport and, accordingly, without any further conveyance, transfer or assignment— (a) the said property, real and personal, shall, from the vesting day, vest in the Minister for Transport, (b) the said rights shall, from the vesting day, be enjoyed by the Minister for Transport, and (c) the said liabilities shall, from the vesting day, be the liabilities of the Minister for Transport.

Vesting day 30. The Minister for Transport shall by order appoint a day to be the vesting day for the purposes of this Part as soon as practicable after the coming into operation of this section and a reference in this Part to the “vesting day” shall be construed as a reference to the day so appointed.

PART 4

Amendment of Fuels (Control of Supplies) Act 1971 Amendment of section 3 of Act of 1971 31. Section 3 of the Act of 1971 is amended— (a) in subsection (1)(a), by the substitution of “acquisition, supply, distribution, marketing or use of the type or types of fuel” for “acquisition, supply, distribution or marketing of the type or types of fuel”, and (b) by the insertion of the following subsection after subsection (1): “(1A)Without prejudice to subsection (1), an order under that subsection may provide that: (a) the Minister may, in the interests of the common good, by direction in writing, require oil companies operating within the State, or other such persons as the Minister may designate, to supply fuel to which an order under section 2 relates to designated generating stations within the meaning of the Electricity Regulation Act 1999 , or such other persons or locations as may be necessary on such terms as may be specified in the direction, in order to secure the supply of electricity in the State and the operation of such services as are deemed by the Minister to be critical services of the State; (b) the Minister may, where he or she considers it necessary in order to protect the operation of such services as are deemed by the Minister to be critical services of the State, by direction in writing, regulate, restrict or control the acquisition, supply, distribution, marketing or use of the type or types of fuel to which the order under section 2 relates.”.

1 OJ No. L 328, 21.12.2018, p. 1 2 OJ No. L 328, 21.12.2018, p. 1 3 OJ No. L 328, 21.12.2018, p. 82 4 OJ No. L 140, 5.6.2009, p. 88 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais