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Customs and Excise

Dáil Éireann Debate, Tuesday - 12 December 2023

Tuesday, 12 December 2023

Questions (248)

Joe Flaherty

Question:

248. Deputy Joe Flaherty asked the Minister for Finance if he will examine the removal of excise from HVO or hydrogenated vegetable oil fuel, given it has 90% reduced emissions and would be transformative if used in fleet operations especially. [54874/23]

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Written answers

Ireland’s taxation of fuel is governed by European Union law as set out in Directive 2003/96/EC, commonly known as the Energy Tax Directive (ETD). The ETD prescribes minimum tax rates for fuel with which all Member States must comply. ETD provisions on mineral oils are transposed into national law in Finance Act 1999 (as amended). Finance Act 1999 provides for the application of excise duty, in the form of Mineral Oil Tax (MOT) to liquid fuels that are used as motor or heating fuels.

MOT is comprised of a carbon component and a non-carbon component. The carbon component is referred to in legislation as the carbon charge, but it is more commonly referred to as the carbon tax. The non-carbon component of MOT is often referred to as “excise”, “fuel excise”, “fuel tax” or “fuel duty”. It is important to note that both components of MOT are excise. In complying with ETD minimum rates, total MOT rates are taken into account.

MOT law defines a biofuel as being a fuel made from biomass, with biomass defined as the biodegradable fraction of products, waste, and residues from agriculture (including vegetable and animal substances), forestry and related industries, as well as the biodegradable fraction of industrial and municipal waste. Section 100(5) of Finance Act 1999, which has been in place since 2012, provides that biofuels, such as Hydrotreated/Hydrogenated Vegetable Oil (HVO), are fully relieved from the carbon component of MOT.

The table below summarises current MOT rates applicable to biofuels used in place of auto-diesel, petrol and for non-propellant purposes such as heating. For comparison, it also details the MOT rates on auto-diesel, petrol, and Marked Gas Oil.

MOT rates per 1,000 litres effective from 11 October 2023

Fuel type/use

Non-carbon component

Carbon component

Total MOT

Petrol

€476.80

€129.59

€606.39

Biofuel used instead of petrol

€476.80

Fully relieved

€476.80

Auto-diesel

€376.94

€149.89

€526.83

Biofuel used instead of auto-diesel

€376.94

Fully relieved

€376.94

Marked Gas Oil used for non-propellant (e.g. heating) purposes

€17.62

€131.47

€149.09

Biofuel used for non-propellant (e.g. heating) purposes

€17.62

Fully relieved

€17.62

As the rates above indicate, biofuels such as HVO benefit from significantly lower MOT rates due to the carbon tax relief. For example, the MOT on a litre of auto-diesel with no biofuel content is 64.8 cents, inclusive of VAT. HVO used in place of auto-diesel is relieved of the carbon tax which, inclusive of VAT, equates to a relief of 18.4 cents per litre. This means that the MOT on a litre of HVO used in place of auto-diesel is 46.4 cents, inclusive of VAT. This favourable tax treatment is intended to promote a higher level of biofuel usage and supports the Government’s commitment to incentivising more environmentally friendly alternatives to fossil fuels. As the carbon component of MOT is fully relieved for biofuels, these fuels are not impacted by the ten-year trajectory of carbon tax increases which was introduced in Finance Act 2020. This means that, as annual increases in the carbon tax take effect, the differential in tax costs between biofuels and fossil fuels will continue to widen, further incentivising the uptake of biofuels such as HVO.

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