The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018

Amendment of article 2

7.—(1) Article 2 (interpretation)(1) is amended as follows.

(2) In paragraph (1)—

(a) omit the definition of “the 2011 Order”;

(b) omit the definition of “buy-out fund”;

(c) omit the definition of “the cross compliance requirements”;

(d) omit the definition of “the directive”;

(e) for the definition of “relevant feedstock”, substitute—

““relevant feedstock” means—

(a)

processing residues of biological origin;

(b)

products of biological origin, including relevant crops and dedicated energy crops;

(c)

renewable sources other than biomass used to produce RFNBO;

(d)

residues from agriculture, aquaculture, fisheries or forestry;

(e)

wastes of biological origin;”;

(f) omit the definition of “sustainable wastes”;

(g) in the appropriate places, insert—

““the 2012 Regulations” means the Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations 2012(2);”;

““assessment time” means—

(a)

in relation to renewable aviation turbine fuel that is attributable to relevant feedstocks, the time at which a refinery certificate of quality is issued which certifies, in accordance with standard 1530 (as revised or re-issued from time to time)(3) of the Energy Institute(4) and the Joint Inspection Group(5), that the fuel meets one of the standards set out in article 3(1B)(d);

(b)

in relation to renewable hydrogen that is attributable to relevant feedstocks, the time at which is it sold to a retail customer;

(c)

in relation to gaseous renewable transport fuel that is attributable to relevant feedstocks and which is to be used only in non-road transports, the time at which the fuel is set aside for such use;

(d)

in relation to fuel, other than fossil fuel for use in aircraft, which does not fall within sub-paragraph (a), (b) or (c), the time at which the requirement under the 1979 Act to pay the duty of excise with which that fuel is chargeable took effect;”;

““dedicated energy crops” means crops which—

(a)

consist of—

(i)

non-food cellulosic material; or

(ii)

ligno-cellulosic material, except saw logs and veneer logs;

(b)

are grown for the purpose of being used as fuel or energy;

(c)

are not a residue (including processing residues and residues from agriculture, aquaculture, fisheries or forestry) or a waste; and

(d)

would not normally be used for food or feed;”;

““development fuel RTF certificate” means an RTF certificate(6) which derives from renewable transport fuel made from development fuel and which is specified as such in accordance with article 17(2A);”;

““development fuel target” has the meaning given in article 4(5);”;

““the directive” means Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009(7) on the promotion of the use of energy from renewable sources, etc., and a reference in this Order to Annex V to the directive is a reference to that Annex as amended from time to time;”;

““GHG credit” has the meaning given in the 2012 Regulations;”;

““issue of an additional RTF certificate” means the issue of an additional RTF certificate for each whole litre of fuel under article 17A;”;

““ligno-cellulosic material” means material composed of lignin, cellulose and hemicellulose, such as biomass sourced from forests, woody energy crops and forest-based industries’ residues and wastes;”;

““main obligation” has the meaning given in article 4(6);”;

““non-food cellulosic material” means feedstocks which are mainly composed of cellulose and hemicellulose, having a lower lignin content than ligno-cellulosic material, including (among other things)—

(a)

food and feed crop residues, such as straw, stover, husks and shells;

(b)

grassy energy crops with a low starch content, such as ryegrass, switchgrass, miscanthus, giant cane and cover crops before and after main crops;

(c)

industrial residues, including from food and feed crops after vegetal oils, sugars, starches and protein have been extracted; and

(d)

material from biowaste;”;

““non-road transports” means—

(a)

non-road mobile machinery;

(b)

inland waterway vessels which do not normally operate at sea;

(c)

recreational craft which do not normally operate at sea;

(d)

tractors;”;

““processing residue”, in relation to a production process, means a substance—

(a)

that is not the end product sought directly from the process;

(b)

the production of which is not a primary aim of the process; and

(c)

in respect of which the process has not been deliberately modified in order to produce it;”;

““relevant crops” means starch-rich crops, sugars, oil crops and main crops, where “starch-rich crops” include—

(a)

cereals (regardless of whether only the grains are used or the whole plant);

(b)

tubers and root crops, including potatoes, Jerusalem artichokes, sweet potatoes, cassava and yams; and

(c)

corm crops, including taro and cocoyam,

but feedstocks listed in Annex IX of the directive are not relevant crops;;”;

““relevant crop RTF certificate” means an RTF certificate which derives from renewable transport fuel made from relevant crops and which is specified as such in accordance with article 17(2A);”;

““residues from agriculture, aquaculture, fisheries or forestry” means residues that are directly generated by agriculture, aquaculture, fisheries or forestry, but not including residues from related industries or processing;”;

““type of RTF certificate” means the specification as to the type of renewable transport fuel to which an RTF certificate relates in accordance with article 17(2A);”;

““waste” means any substance or object which the holder discards, or intends or is required to discard, but does not include any substance or object that has been intentionally modified or contaminated for the purpose of transforming it into a waste;”.

(3) In paragraph (2), for sub-paragraphs (a) and (b) substitute—

“(a) processing residue;

(b) products;

(c) residues from agriculture, aquaculture, fisheries or forestry; or

(d) waste.”.

(4) In paragraph (3), for “1827(M)” substitute “1837(M) Amendment 2”(8).

(5) After paragraph (3), insert—

“(4) For the purposes of this Order—

(a) references to a type of fuel as being “renewable” are references to fuel of that type which meets the definition of “renewable transport fuel”(9);

(b) references to the “renewable transport fuel obligation” include the development fuel target and the main obligation.”.

(1)

Article 2 was amended by S.I. 2011/493, 2011/2937, 2013/816 and 2015/534.

(2)

S.I. 2012/3030.

(3)

A copy of the relevant standard can be obtained from Portland Customer Services, Commerce Way, Whitehall Industrial Estate, Colchester, Essex CO2 8HP (email: [e-mail]) or SAI Global - ILI Publishing, Index House, Ascot, Berkshire, SL5 7EU (website: www.ili.co.uk or www.i2isolutions.net; email: [e-mail]).

(4)

The Energy Institute, 61 New Cavendish Street, London W1G 7AR; https://www.energyinst.org/home.

(5)

Joint Inspection Group Limited, 9 Caxton House, Broad Street, Cambourne, Cambridgeshire, CB23 6JN (http://www.jigonline.com/).

(6)

See section 127(1) of the 2004 Act for the meaning of “RTF certificates”.

(7)

The directive was amended by Council Directive 2013/18/EU of 13 May 2013 (OJ L 158 10.6.2013 p.230) and Directive (EU) 2015/1513 of the European Parliament and of the Council of 9 September 2015 (OJ L 239 15.9.2015 p.1).

(8)

A copy of the relevant Merchant Shipping Notice can be obtained from Navigational Safety Branch, Maritime and Coastguard Agency, Bay 2/25, Spring Place, 105 Commercial Road, Southampton SO15 1EG (email: [e-mail]). It can also be obtained online: https://www.gov.uk/government/publications/msn-1837-m-amendment-2-categorisation-of-waters.

(9)

See section 132(1) of the 2004 Act for the definition of “renewable transport fuel”.