Home → Updates → Legal → The Renewable Energy, Energy Efficiency and Motor Fuel Emissions (Miscellaneous Amendments) (EU Exit) Regulations 2021
The Renewable Energy, Energy Efficiency and Motor Fuel Emissions (Miscellaneous Amendments) (EU Exit) Regulations 2021
Jurisdiction: UK
Commencement: 28st October 2021
Amends:
- The Promotion of the Use of Energy from Renewable Sources Regulations 2011
- The Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations 2012
- The Energy Efficiency (Building Renovation and Reporting) Regulations 2014
- The Energy Efficiency (Encouragement, Assessment and Information) Regulations 2014
Mini Summary
The Promotion of the Use of Energy from Renewable Sources Regulations 2011 implement Directive 2009/28/EC on the promotion of the use of energy from renewable sources into UK legislation. The Directive sets mandatory targets for energy consumed in each member state which must come from renewables by 2020. The UK target has been set at 15%.
The Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations 2012 require those that supply more than 450,000 litres or kilograms of transport fuel per year, to register with the Department for Transport, provide information and meet targets.
The Energy Efficiency (Building Renovation and Reporting) Regulations 2014 require the Secretary of State for Energy and Climate Change to submit a strategy and annual updates to the European Commission on the UK’s investment in the renovation of residential and commercial buildings. There are no requirements on businesses or the public sector.
The Energy Efficiency (Encouragement, Assessment and Information) Regulations 2014 impose a duty on each country’s departments to undertake certain actions in order to promote certain requirements of the Directive 2012/27/EU on energy efficiency. The Directive establishes a common set of measures to be used across the EU to promote energy efficiency in order to meet the 2020 20% deadline target.
Amendment
The Promotion of the Use of Energy from Renewable Sources Regulations 2011
Responsible authorities* are required to take appropriate steps to ensure public buildings fulfil an exemplary role in the promotion of the use of renewable energy, in accordance with regulation 11.
Responsible authorities means:
- the Secretary of State for English buildings;
- the Welsh Ministers for Welsh buildings; and
- the Northern Ireland Department for buildings in Northern Ireland.
Regulation 13 regarding the recognition of certificates is revoked.
The Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations 2012
The Energy Efficiency (Building Renovation and Reporting) Regulations 2014
The following regulations are removed:
- regulation 3(4) and 3(5) (Building renovation strategies);
- regulation 4 (Annual reports and statistics); and
- regulation 5(b) (National energy efficiency action plans).
The Energy Efficiency (Encouragement, Assessment and Information) Regulations 2014
A series of definitions are amended.
The definition of small and medium-sized enterprises is updated to an enterprise that:
- employs fewer than 50 employees;
- has an annual turnover not exceeding £44 million; and
- an annual balance sheet total not exceeding £38 million.
The definition of assessment is updated to a comprehensive assessment of the potential for high-efficiency cogeneration*, and efficient district heating and cooling.
*High-efficiency cogeneration means the simultaneous generation of energy (cogeneration) in accordance with the conditions of the UK, as specified in Annex II.
Cost benefit analysis is updated to an analysis capable of identifying the most cost-efficient solutions to meet the heating and cooling needs of a geographical area. This analysis should consider climate conditions, economic feasibility, and technical suitability, in accordance with Part III of Annex VIII.
Regulation 4(5) relating to the assessment of potential for high-efficiency cogeneration and efficient district heating and cooling, is updated.
Under Regulation 4(5), at intervals not exceeding 5 years, the Secretary of State must:
- update and publish the most recent assessment; or
- publish a statement setting out the reasons why the assessment has not been updated.
The next assessment or statement must be published on or before 31st December 2025.
All updates to this assessment must:
- be carried out in accordance with Annex VIII;
- take into account the national potential for high-efficiency cogeneration; and
- set out the procedures used for the economic analysis.
Regulation 9 (Duty for the Secretary of State to review the energy services market) and Part II of Annex VIII is removed.
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