Catherine Murphy (Kildare North, Independent)
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Question 118: To ask the Minister for Finance in the context of developing our own domestic renewable energy sector, particularly wood biomass and wind-generated electricity, as well as reducing our over-dependence on imported fossil fuels, when the sections of the Finance Act 2010 which apply the carbon tax to solid fuels will commence; and if he will make a statement on the matter. [18342/11]

Michael Noonan (Limerick City, Fine Gael)
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The section in the Finance Act 2010 that provides for the application of the carbon tax to solid fuels (coal and commercial peat) is subject to a Ministerial Commencement Order. This approach was primarily adopted by the previous Government in order to allow time for a robust mechanism to be put in place to improve the control of high sulphur coal being sourced from Northern Ireland suppliers. As the Deputy may be aware, in that context the Department of the Environment in conjunction with the National Standards Authority of Ireland (NSAI) proposed new regulations for coal which would effectively extend the existing voluntary agreement for low sulphur coal to the entire State on a regulatory basis. A stakeholder committee was established to provide an input into the proposed regulations. Under EU law dealing with technical barriers to trade, Member States are required to notify the European Commission of all draft technical regulations concerning products before they are adopted in national law. Formal notification of the proposed new standard for coal issued from NSAI to the EU Commission in November 2010.

Following acceptance of the proposal by the EU Commission, the Minister for the Environment, Heritage and Local Government has recently introduced a new specification for the sulphur content of coal placed on the market for residential use in Ireland. This has been given legal effect through the Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2011.

In light of these developments, the issue of coal with a high sulphur content potentially being sourced from Northern Ireland has been addressed. In those circumstances the timing of the application of the carbon tax to solid fuels, as had been planned, will be considered.