Dáil Éireann Debate, Tuesday - 23 April 2024
169. Deputy Louise O'Reilly asked the Minister for Transport if a regulatory impact assessment was carried out before he signed S.I. No. 703 of 2022 implementing Article 7.3 of Directive 2014/94/EU; if so, if a copy of the assessment will be provided; and if not, the reason this was not done. [17645/24]
View answerIn 2022 the Department of Transport put in place Regulations via Statutory Instrument 703 of 2022 to implement Article 7(3) of the European Union Alternative Fuels Infrastructure Directive (Directive 2014/94/EU) which required that all Member States make provision for the display of comparative fuel price information at fuel stations.
The Directive intended to make simple and easy-to-compare information on the prices of different fuels widely available, as it was considered that it could play an important role in enabling vehicle users to better evaluate the relative cost of individual fuels available on the market and to incentivise consumers to consider alternatively fuelled vehicles and their various benefits beyond even the financial.
EU Member States must implement all relevant provisions of an EU Directive as soon as practicable, taking into account the individual circumstances of any particular provision's effect.
At the time of publication of the Regulations it was considered that a formal Regulatory Impact Assessment was not required as there was no distinct regulatory impact which could considered outside of the bounds of the direct provisions of the EU Directive. As Ireland and all Member States were legally obliged to put in place a fuel price comparison this was essentially a set impact, with minimal deviation permitted from the requirement to introduce fuel price comparisons.
A general assessment of the impact of the Regulations was however undertaken and was used to scope the specific provisions which would apply in the Regulations.
The assessment sought to ensure that the Regulations were proportionate and would not cause excessive burden on fuel stations operators. In particular, this sought to ensure that the Regulations were not overly onerous for operators of smaller fuel filling stations, by requiring that only stations with 3 or more fuel pumps need comply and display the fuel price comparison information.
As part of this assessment, SEAI as the planned Regulator for Fuel Price Comparison information contacted fuel retailer groups to notify them of the forthcoming Regulations as well as to gather information on the sector and its size. It should be noted however that, to date, enforcement of these Regulations has not been undertaken due to the necessity to prepare for the complex task of undertaking site visits to a significant number of fuel stations. This preparatory work is nearing completion and so SEAI has again written to fuel station operators offering the opportunity to self-propose an “opt-out” of requirements on their site via declaration of ineligibility.
The Department is aware of concerns being raised in relation to the eventual enforcement of these Regulations and is working with SEAI to consider all feedback received.
