S.L. 623.7 Art. 2020

All the options chosen under sub-regulation (7) taken together shall not lead to a reduction of more than thirty-five per cent (35%) of the amount of energy savings calculated in accordance with sub-regulations (5) and (6):

Provided that regardless of whether energy used in transport is excluded, in whole or in part, from the calculation baseline, or whether any of the options listed in sub-regulation (7) are made use of, the Minister shall ensure that the calculated net amount of new savings to be achieved in the final energy consumption during st st the obligation period from 1 January 2021 to 31 December 2030 shall not be lower than the amount resulting from the application of the annual savings rate referred to in paragraph (b) of sub-regulation (1).

(9) The calculation of the amount of energy savings to be st st achieved over the period from 1 January 2021 to 31 December 2030 referred to in paragraph (b) of sub-regulation (1) shall be described in the integrated national energy and climate plan, in accordance with Annex III to Regulation (EU) 2018/1999, which plan shall include, if relevant, an explanation of how the annual savings rate and the calculation baseline were established, and how and to what extent the options referred to in sub-regulation (7) were applied.

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(10) Energy savings achieved after 31 December 2020 shall not count towards the amount of required energy savings for the period st st from 1 January 2014 to 31 December 2020.

(11) Where obligated parties are allowed by the Minister to use the option referred to in paragraph (b) of sub-regulation (6) of regulation 8, for the purpose of paragraph (a) of sub-regulation (1) the energy savings obtained in any given year after 2010 and before the obligation period referred to in paragraph (a) of sub-regulation (1) may be counted as if those energy savings had instead been obtained after st st 31 December 2013 and before 1 January 2021, provided that all of the following circumstances apply:

(a) the energy efficiency obligation scheme was in st st force at any point between the 31 December 2009 and 31 December 2014 and was included in the first National Energy Efficiency Action Plan submitted;

(b) the savings were generated under the obligation scheme;

(c) the savings are calculated in accordance with the Fifth Schedule;

(d) the years for which the savings are counted as having been obtained have been reported in the National Efficiency Action Plan.

(12) Savings resulting from policy measures referred to in regulations 8 and 9 and sub-regulation (4) of regulation 27 shall be calculated in accordance with the Fifth Schedule.

(13) The energy savings as set out in sub-regulation (1) shall be achieved either through the establishing of an energy efficiency obligation scheme as laid down in regulation 8, or through the adoption of alternative policy measures, as laid down in regulation 9, provided that an energy efficiency obligation scheme may be combined with alternative policy measures.

(14) The need to alleviate energy poverty shall be taken into account in the design of policy measures aimed at the fulfilling of energy savings obligations laid down in sub-regulation (1). A share of energy efficiency measures under any national energy efficiency obligation scheme, alternative policy measures or programmes or measures financed under the Energy Efficiency National Fund is required, to the extent appropriate, to be implemented as a priority among vulnerable households, including those affected by energy poverty and, where appropriate, in social housing.

(15) Information about the outcome of measures to alleviate energy poverty as laid down in these regulations shall be included in the integrated national energy and climate progress reports in accordance with Regulation (EU) 2018/2000.

(16) The Minister shall demonstrate that where there is an overlap in the impact of policy measures or individual actions, there is no double counting of energy savings.