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These Regulations further amend the Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations (Northern Ireland) 2003 (“the 2003 Regulations”) and make transitional provision.
These Regulations and the 2003 Regulations implement in Northern Ireland Article 15 of Directive 2009/28/EC of the European Parliament and the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ L 140, 5.6.2009.p.16) (“the Directive”).
Regulation 3 amends the interpretation provisions in regulation 2 of the 2003 Regulations.
Regulation 4 amends regulation 3 of the 2003 Regulations to provide that renewable energy guarantees of origin (“REGOs”) are to be issued, transferred, retired, cancelled and revoked by the Northern Ireland Authority for Utility Regulation (“the Authority”).
Regulation 5 substitutes paragraph (1) of regulation 4 of the 2003 Regulations to provide that REGOs shall be issued in response to a request from a producer of electricity from renewable energy sources.
Regulation 6 amends regulation 6 of the 2003 Regulations to introduce the concept of the retirement of REGOs, and provide that a REGO may not be transferred after it has been retired. These amendments ensure that REGOs can be counted by the Authority for the purposes of the fuel mix disclosure requirements in Article 3(9) of Directive 2009/72/EC concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC. They also include an amendment to change the unit of energy in respect of which REGOs are issued from kilowatt hour to megawatt hour.
Regulation 7 amends paragraph (1)(a) of regulation 7 of the 2003 Regulations to provide that the Register of REGOs established and maintained by the Authority shall be held electronically.
Regulation 8 inserts new regulation 7A into the 2003 Regulations to provide for the cancellation of a REGO not later than 16 months after the end of the first month during which the electricity to which it relates was generated. The provision does not apply where a REGO has been retired. New regulation 6(8) of the 2003 Regulations (inserted by regulation 6(d) of these Regulations) provides that such a REGO shall be deemed to be cancelled 19 months after the end of the first month during which the electricity to which it relates was first generated.
Regulation 9 amends regulation 9 of the 2003 Regulations to update references to the Directive and sets out the circumstances in which the Authority may refuse to recognise a REGO issued by another Member State.
Regulation 10 substitutes Schedule 1 to the 2003 Regulations to set out the information that is to be provided under regulation 4(4) of the 2003 Regulations in making a request for a REGO.
Regulation 11 substitutes Schedule 2 to the 2003 Regulations to set out the information that under regulation 7(1) is to be contained on the Register of REGOs.
Regulation 12 makes transitional provision in respect of the issue and revocation of REGOs issued before 5th December 2010.
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