Section 44X of the Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010, makes provision for the Minister to set standards for biofuel used to meet the obligation. My Department has drafted a Statutory Instrument relating to the minimum standard of ethanol which can be counted towards the Obligation. The precise standard proposed for ethanol is TARIC Code CN 2207 1000. This measure meets the definition of ‘Technical Regulation' under EU trade rules, and as such has to be put through the formal EU process for clearance before it can be signed.
Currently, the draft Statutory Instrument is with the Attorney General's office for final drafting. My Department expects to receive the final text of this regulation shortly and to be in a position to forward it to the European Commission for its clearance before year end with a view to signing the Statutory Instrument as soon as possible.