Notification Detail

Regulation on the banning of use of mineral oil for heating of buildings from 2020.

Notification Number: 2017/9009/N (Norway)
Date received: 15/06/2017
End of Standstill: 18/09/2017

Issue of comments by: Commission
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Message 901

Communication from the Commission - TRIS/(2017) 01506
Procedure for the provision of information EC - EFTA

Notificación - Oznámení - Notifikation - Notifizierung - Teavitamine - Γνωστοποίηση - Notification - Notification - Notifica - Pieteikums - Pranešimas - Bejelentés - Notifika - Kennisgeving - Zawiadomienie - Notificação - Hlásenie-Obvestilo - Ilmoitus - Anmälan - Нотификация : 2017/9009/N - Notificare.

No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.

(MSG: 201701506.EN)

1. Structured Information Line
MSG 901 IND 2017 9009 N EN 15-06-2017 N NOTIF


2. Member State
N


3. Department Responsible
Royal Ministry of Trade, Industry and Fisheries
Departement of Trade Policy
P.O. Box 8090, Dep
NO-0032 Oslo
Norway

Email: technicalregulations@bis.gsi.gov.uk


3. Originating Department
Royal Ministry of Climate and Environment
Department of Climate Change
P.O.Box 8013 Dep
N-0030 Oslo
Norway


4. Notification Number
2017/9009/N - N40E


5. Title
Regulation on the banning of use of mineral oil for heating of buildings from 2020.


6. Products Concerned
The use of mineral oil for heating of buildings.


7. Notification Under Another Act
-


8. Main Content
The regulation bans the use of mineral oil for heating of buildings from 2020. The purpose of the ban is to reduce greenhouse gas emissions. The regulation will not be adopted until after the notification process is completed.

The ban is a general ban that prohibits the use of mineral oil for heating of buildings from 2020. The ban on use of mineral oil for heating of buildings covers two main oil-heating sources:
(1) The main heating source which covers most of the needed effect to meet the heating demand throughout the year (base load) and;
(2) The additional heating source which only covers the effect needed to meet the heating demand on extraordinary cold days (peak load).

The following uses of mineral oil in buildings fall outside the scope of the regulation:
• buildings used as small cabins/holiday homes and lighthouses without access to the power grid,
• district heating,
• heating of buildings if the main purpose of the combustion plant is to produce and/or process materials, substances or products.

An exception for use of mineral oil in the event of interruptions in the power grid is also included in the regulation.

Considerations regarding security of energy supply is taken into account and hence the regulations contain a possibility to make exemptions when necessary.

The Norwegian Water Resources and Energy Directorate may also decide that the ban should not apply in a limited geographic area and within a limited period, if it is necessary to secure the energy supply in the power grid.

The municipality is the competent authority to monitor and ensure compliance with the ban, and may in extraordinary cases grant individual exemptions from the ban. The owner and user of the heating plant is responsible for compliance with the provisions in the regulation.


9. Brief Statement of Grounds
According to the Paris Agreement, which Norway is a Party to, the global average temperature must be kept well below 2°C above pre-industrial levels and pursuing efforts to limit the temperature. Norway has communicated a nationally determined contribution (NDC) in accordance with the Paris Agreement. In the NDC Norway commits to a target of an at least 40% reduction of greenhouse gas emissions by 2030 compared to 1990 levels. The NDC states that Norway intends to fulfil the commitment through a joint fulfilment with the EU and its member states. An agreement with the EU is not yet in place. In the event there is no agreement with the EU, the target of reducing emissions by at least 40 % compared with 1990 will be Norway’s NDC. This target is conditional on the availability of flexible mechanisms under the new climate agreement and on Norway being credited for participation in the EU ETS so that this counts towards fulfilment of the commitment.

In order to reach our commitments under the Paris Agreement it is necessary to implement mitigation measures.

The main purpose of the ban on the use of mineral oil for heating of buildings is to reduce greenhouse gas (GHG) emissions from the buildings sector. A ban as suggested is estimated to reduce an average of 340 000 tonnes CO2 equivalents each year in the period from 2016 to 2035.

Emissions from the building sector are not included in the European emissions trading scheme (ETS), hence; they are non-ETS emissions. To fulfil our climate objectives it is necessary to reduce GHG-emissions in the building sector. A ban on the use of mineral oil for heating is a contribution to fulfil Norway's climate commitments by 2030. The ban is one of several measures to reduce emissions from buildings and in the non-ETS sector in general.

The majority of the GHG-emissions from the building sector can be attributed to heating of buildings. In 2014, mineral oil contributed to around 80 % of the emissions from non-residential buildings, and around 50 % from residential housing. This shows that it is necessary to reduce the use of mineral oil for heating in order to make essential reductions in the buldings sector. Regulations containing a ban as proposed would be an efficient measure to achieve these reductions.

In order to achieve the main purpose the reductions in emissions must take place independently of which measure one chooses to implement. The only way to reduce GHG-emissions from the use of mineral oil for heating is to reduce the use of it. There is no technology available that makes it possible to reduce these emissions without reducing the use of mineral oil. This means that, regardless of which measure was chosen to achieve the necessary reductions, the actual use of mineral oil would have to be reduced. Alternative ways to reduce the use of mineral oil would not be as efficient as a ban.

A ban is an efficient measure that prohibits the use of mineral oil, and ensures that emissions are reduced at the source. With the use of an alternative measure, such as an increased carbon tax, the reductions would largely rely on how high the carbon tax is and the cost related to changing the heating system. The climate effect of an alternative measure, such as an increased carbon tax, would hence be more uncertain than a ban.

Concerning environmental impacts, the Regulation will reduce GHG-emissions from the building sector, as elaborated above. In addition, the ban would contribute to achieve Norway's climate commitments, cf. elaborations above.

Changing the heating system from mineral oil to renewable sources will incur costs for both private housings and businesses. There are several renewable alternatives to heat building, such as biofuels, heat pumps and electricity. The costs of phasing out a fossil heating system will vary on case-by-case basis. Private housings can get funding to change their heating system into certain renewable alternatives, through the state enterprise, Enova. Even though the ban will incur costs for both private and public sector, the ban is proportional because it is necessary to reduce greenhouse gas emissions cf. elaborations above.


10. Reference Documents - Basic Texts
References of the Basic Texts: The Norwegian Pollution Control Act of 13 March 1981.

The Norwegian Energy Act of of 29 June 1990.


11. Invocation of the Emergency Procedure
No


12. Grounds for the Emergency
-


13. Confidentiality
No


14. Fiscal measures
No


15. Impact assessment
See brief impact assessment in brief statements of grounds.


16. TBT and SPS aspects
TBT aspect

No - The draft is not a technical regulation nor a conformity assessment

SPS aspect

No - The draft is not a sanitary or phytosanitary measure



**********
European Commission

Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir83-189-central@ec.europa.eu

Stakeholders Contributions

The TRIS website makes it easy for you or your organization to contribute with your opinion on any given notification.
Due to the end of standstill we are currently not accepting any further contributions for this notification via the website.


de
  IWO-Institut für Wärme und Oeltechnik on 01-09-2017
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Dear Madam or Sir,

 

IWO-Austria (Institute of efficient oil heating systems) is a private institution established in the legal form of a registered association.

 

Its prime task is the promotion of the efficient use of the energy of heating oil in the market of heating engineering. In addition it promotes especially the modernization of existing oil heating systems as well the use of heating oil as source of energy for new buildings.

 

As such organization we see in this regulation on the banning of use of mineral oil for heating of buildings from 2020 a transgression of the EU principle of free movement of goods in the internal market. The legality must therefore be reviewed with due diligence.

 

Our associations is at your disposal for any further information or meetings on this matter.

 

Yours sincerely,

Martin Reichard

IWO Managing Director

(IWO is also a member of eurofuels)

 


en
  ECFD / Eurofuel / FuelsEurope / UPEI on 07-08-2017
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Dear Sir or Madam,

Please find enclosed a joint contribution by the European liquid fuel heating sector regarding the proposed Norwegian regulation banning the use of mineral oil for heating of buildings, notified under file TRIS 2017/9009/N. 

The undersigned organisations are ECFD, Eurofuel, FuelsEurope and UPEI. 

Our industry is particularly concerned with an extremely radical and anti-market decision imposed on a specific heating system and taking a retroactive effect. 

We are convinced that the act notified by the Norwegian authorities should be amended to comply with EU and EEA obligations and are inviting the competent services of the European Commission to consider these concerns when taking position in the framework of the TRIS procedure.

Our associations, member organisations and experts are at your disposal for any further information or meetings on this matter.

Yours sincerely,

Tristan Suffys

(on behalf of ECFD, Eurofuel, FuelsEurope and UPEI)