- within Law Department Performance and Antitrust/Competition Law topic(s)
EU
ENERGY EFFICIENCY FIRST PRINCIPLE
Commission Recommendation (EU) 2026/839 sets out guidelines for the design of cost-benefit methodologies for the application of the energy efficiency first principle pursuant to Article 3(6) of the Recast Energy Efficiency Directive. Article 3 requires Member States to ensure that energy efficiency solutions, including demand-side resources and system flexibilities, are assessed in planning, policy and major investment decisions of a value of more than €100 million each (or €175 million for transport infrastructure projects).
RENEWABLE ENERGY TARGETS
A Commission Delegated Regulation (PDF 435KB) and its Annex (PDF 308KB) amends Commission Delegated Regulation (EU) 2019/807 to introduce a trajectory to gradually decrease the contribution of high indirect land-use change-risk biofuels, bioliquids and biomass fuels to renewable energy targets.
Ireland
CRITICAL INFRASTRUCTURE
The Government published a Critical Infrastructure Bill 2026 and Circulars, following on from the Accelerating Infrastructure Action Plan (PDF 7.8MB). We consider the Bill in our insights post: Accelerating Infrastructure: Critical Infrastructure Bill and Circulars.
In addition to the circulars mentioned in our post, a further circular was published. Circular 1/2026: Early Warning System regarding EU Legislative Change on Critical Infrastructure sets out protocols to ensure early cross-departmental communication on EU legislative changes with the potential to affect development of critical infrastructure.
RENEWABLE TRANSPORT FUEL OBLIGATION (“RTFO”)
S.I. No. 113 of 2026 European Union (Certificates for Renewable Electricity) Regulations 2026 (PDF 148KB) apply to RTFO account holders who apply for an RTFO certificate under section 44G(1AA) of the National Oil Reserves Act 2007 in respect of renewable electricity supplied at publicly accessible recharging stations in the State. The National Oil Reserves Agency is required to establish, review, and maintain a procedure by which RTFO account holders can demonstrate compliance with the requirements of the Renewable Energy Directive as regards renewable electricity and the share of renewable energy in transport. The Regulations set out how the share of renewable electricity in EV charging is to be calculated. Further information is available here: Minister O’Brien signs regulations clarifying information required for RTFO Certificates for supply of renewable electricity in transport.
ROAD TOLLS
S.I. No. 126/2026 - European Union (Charging of Vehicles for the Use of Road Infrastructures) (Supplemental Provisions) Regulations 2026 apply certain exemptions permitted under the Eurovignette Directive.
ALTERNATIVE FUELS
The Inter-Departmental Alternative Fuels for Transport Working Group has published a report on 2025 activities. Further information is available here: Alternative Fuels for Transport Working Group.
This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.
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