National Legislation

The Fuel Acts 1971 and 1982 and the European Communities (Minimum Stocks of Petroleum Oils) Regulations, 1995 (SI No 96 of 1995) were put in place to safeguard the supply and distribution of oil in an emergency, to meet EU and IEA stockholding obligations, and to gather adequate data regarding consumption, trade and stocks of oil products.

Under the Fuel Acts, the Government may make an Order authorising the Minister for Communications, Energy and Natural Resources to intervene whenever the Government is of the opinion that the exigencies of the common good necessitate the regulation or control by the Minister, on behalf of the State, of the acquisition, supply, distribution or marketing of fuels.

Once the Government Order is in place the Minister for Communications, Energy and Natural Resources is empowered to make a Ministerial Order or Orders in respect of certain fuel or fuels. Orders have been made in the past in regard to petrol, gas oil, diesel and fuel oil. No such orders are currently in force. Examples of such Orders are the Petroleum Oils (Regulation for the Control of Acquisition, Supply, Distribution or Marketing) (Continuance) Order, 2001 (SI No 148 of 2001), and the Fuels (Regulation and Control of Supply and Distribution of Motor Spirit) Order, 1979 (SI No 172 of 1979).

Fuel Acts Legislation:

• Fuels (Control of Supplies) Act, 1971 (No 3 of 1971)
• Fuels (Control of Supplies) Act, 1982 ( No 18 of 1982)

 Legislation Currently in Force:

• Irish National Petroleum Corporation Limited Act, 2001 (No 26 of 2001)
• Irish National Petroleum Corporation Limited Act, 2001 (Commencement) Order 2001 (SI No 328 of 2001)  
• National Oil Reserves Agency Act 2007 (No. 7 of 2007)
• National Oil Reserves Agency Act 2007 (Parts 1 & 2) (Commencement) Order 2007 (S.I. No. 153 of 2007)
• National Oil Reserves Agency Act 2007 (Share Transfer) Order 2007 (S.I. No. 155 of 2007)
• National Oil Reserves Agency Act 2007 (Remaining Provisions) (Commencement) Order 2007 (S.I. 565 of 2007)
• National Oil Reserves Agency Act 2007 (Share Transfer Day) Order 2007 (S.I. No. 566 of 2007)
• National Oil Reserves Agency Act 2007 (Returns & Levy) Regulations 2007 (SI No 567 of 2007)
• National Oil Reserves Agency Act 2007 (Returns & Levy) (Amendment No.2) Regulations 2009 (S.I No. 220 of 2009)
• European Communities (Repeal of Section 26(4) of the National Oil Reserves Agency Act 2007) Regulations 2009 (S.I No. 247 of 2009)

The National Oil Reserves Agency Act 2007 (the NORA Act) was enacted in March 2007.

The NORA Act 2007 provides for the transfer of the share held by the Irish National Petroleum Corporation Limited (INPC) in the National oil Reserves Agency (NORA) Limited to the Minister for Communications, Energy and Natural Resources. It establishes NORA as a stand-alone agency, under the aegis of the Department of Communications, Energy and Natural Resources, defines its functions, including those relating to oil stockholding obligations; and provides for a levy on relevant disposals of petroleum products.

The main provisions of the Act are to -

• establish NORA as a stand-alone non-commercial State body with responsibility for the maintenance of strategic supplies of oil in line with the state’s oil stockholding obligations to the EU and the International Energy Agency (IEA). International obligations require the holding of 90 days of oil reserves;
• make provision of the continuation of a variable levy imposed on oil companies and its collection by NORA. Such a levy has operated since 1995; and
• make provision for the furnishing to the Department of regular returns by oil companies, oil consumers and NORA regarding, inter alia, oil purchases, sales, consumption, imports and exports.

The Minister has made Regulations entitled National Oil Reserves Agency Act 2007 (Returns and Levy) Regulations 2007 (S.I. 567 of 2007) under Sections 44 and 59 of the NORA Act which came into effect on 1 August 2007. These regulations were amended by S.I No. 220 of 2009.