2014 No. 284
Electricity
The Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration (Amendment) Regulations (Northern Ireland) 2014
Made 18 November 2014
Coming into operation 10 December 2014

The Department of Enterprise, Trade and Investment, being a Department designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to regulation of the electricity sector, makes the following Regulations in exercise of the powers conferred upon it by that section as read with paragraph 1A of Schedule 2 to the 1972 Act.
S.I. 1998/745
1972 c.68
These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Department that it is expedient for the references to Annexes II and X to Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency to be construed as references to those Annexes as amended from time to time.

1 Citation, commencement and extent
1 These Regulations may be cited as the Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration (Amendment) Regulations (Northern Ireland) 2014 and shall come into operation on 10 December 2014.
2 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
1954 c.33 (N.I.)

2 Amendments to the Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations (Northern Ireland) 2008
1 The Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations (Northern Ireland) 2008 are amended as follows.
S.R. 2008/287
2 In regulation 2 (interpretation)—
(a) in paragraph (1) for the definition of “the Cogeneration Directive” substitute—

““the Energy Efficiency Directive” means Directive 2012/27/EU of the European Parliament and of the Council of 25th October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC, and any reference to Annexes II and X to the Directive is to be construed as a reference to those Annexes as amended from time to time”

;
OJ No L 315,14.11.2012, pl.
(b) in paragraph (1) in the definition of “high-efficiency cogeneration” for “Annex III of the Cogeneration Directive” substitute “Annex II to the Energy Efficiency Directive”;
(c) in paragraph (2) for “Cogeneration Directive” substitute “Energy Efficiency Directive”.
3 In regulation 3 (Issue of CHPGOs and the competent authority) in paragraph (2) for “for the purposes of Article 5(2) of the Cogeneration Directive” substitute “to supervise the issuing of CHPGOs in accordance with Article 14(10) of and Annex X to the Energy Efficiency Directive”.
4 In regulation 5 (Issue and content of CHPGOs)—
(a) after paragraph (2) insert—

“2A A CHPGO—
(a) shall be issued by reference to a standard size of 1MWh; and
(b) shall relate to the net electricity output measured at the station boundary and exported to the grid.”

;
(b) in paragraph (3) for “matters set out in Schedule 2” substitute “information required by paragraph (b) of Annex X to the Energy Efficiency Directive”.
5 In regulation 10 (Recognition of CHPGOs)—
(a) in paragraph (1) for “Article 5(5) of the Congregation Directive” substitute “Annex X to the Energy Efficiency Directive”;
(b) in paragraph (3)—
(i) for “matters referred to in paragraphs 4 to 9 of Schedule 2” substitute “information referred to in paragraph (b) of Annex X to the Energy Efficiency Directive”; and
(ii) for “Article 5 of that Directive” substitute “Article 14(10) of the Energy Efficiency Directive”;
(c) in paragraph (5) for “Article 5(6) of the Cogeneration Directive” substitute “Article 14(10) of the Energy Efficiency Directive”.
6 Omit Schedule 2 (Information to be contained in a CHPGO).
Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 18 November 2014.
J Mills A senior officer of the Department of Enterprise, Trade and Investment

EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations transpose Article 14(10) of, and Annexes II and X to, Directive 2012/27/EU of the European Parliament and of the Council of 25th October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (“the Directive”) (OJ No L 315, 14.11.2012, pl).
Regulation 2 amends the Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations (Northern Ireland) 2008 (“the Cogeneration Regulations”) (S.R. 2008/287). These amendments are necessary because the Directive repeals Directive 2004/8/EC of the European Parliament and of the Council on the promotion of cogeneration based on a useful heat demand in the internal energy market and amending Directive 92/42/EEC (“the Cogeneration Directive”) (OJ No L 52, 21.2.2004, p50). Article 14(10) and Annexes II and X of the Directive replace the requirements of Article 5 of the Cogeneration Directive which the Cogeneration Regulations transposed. Regulation 2 removes reference to the Cogeneration Directive and replaces them with reference to the relevant parts of the Directive. These concern the requirements for the issue of a guarantee of origin certifying that the electricity in respect of which the certificate is issued is electricity produced from high-efficiency cogeneration (electricity produced from cogeneration meaning electricity produced from combined heat and power).