The Renewables Obligation Order 2015

Article 2(1)

SCHEDULE 1 GREENHOUSE GAS CRITERIA FOR BIOLIQUID

Interpretation

1.  In this Schedule—

“actual value method” means the calculation method for greenhouse gas emissions from the production and use of bioliquids provided for in paragraphs 1, 2 and 5 to 18 of Part C of Annex 5 to the Renewables Directive;

“default percentage” means—

(a)

in relation to bioliquid described in the first column of Part A or Part B of Annex 5 to the Renewables Directive—

(i)

the percentage (if any) which corresponds to that description in the third column of Part A or Part B of that Annex, or

(ii)

where a percentage corresponding to that description is not set out in the third column of Part A or Part B of that Annex, the percentage which complies with the provision corresponding to that description in the second column of Part A or Part B of that Annex,

(b)

in all other cases 0%;

“disaggregated default value” means, in relation to a bioliquid described in the first column of a table in Part D or Part E of Annex 5 to the Renewables Directive, the value which corresponds to that description in the third column of that table in Part D or Part E of that Annex;

“disaggregated default values for cultivation” means the figures in the third column of the table entitled “Disaggregated default values for cultivation: ‘e_ec’ as defined in part C of this Annex” in Part D of Annex 5 to the Renewables Directive;

“greenhouse gas emissions from the use of fossil fuel” means the value given in paragraph 19 of Part C of Annex 5 to the Renewables Directive as the fossil fuel comparator for bioliquids used for electricity production;

“mixed value method” means the calculation method for greenhouse gas emissions from the production and use of bioliquids provided for in paragraphs 1, 2 and 5 to 18 of Part C of Annex 5 to the Renewables Directive, but using one or more disaggregated default values for the bioliquid when carrying out the calculation set out in paragraph 1 of Part C of that Annex; and

“relevant percentage” means—

(a)

in relation to bioliquid used to generate electricity before 1st January 2017, 35%;

(b)

in relation to bioliquid used to generate electricity during 2017, 50%;

(c)

in relation to bioliquid produced by an installation that started producing bioliquid before 1st January 2017 and used to generate electricity on or after 1st January 2018, 50%;

(d)

in all other cases, 60%.

The greenhouse gas criteria

2.  Bioliquid meets the greenhouse gas criteria if the greenhouse gas emissions from its use are lower, by at least the relevant percentage, than the greenhouse gas emissions from the use of fossil fuel.

Calculating the percentage difference

3.  For the purposes of paragraph 2, and subject to paragraphs 4 to 6, the percentage difference between the greenhouse gas emissions from the use of the bioliquid and the greenhouse gas emissions from the use of fossil fuel—

(a) is to be calculated by the operator of the generating station using the actual value method, or the mixed value method, or

(b) when not so calculated, is equal to the default percentage.

4.  The mixed value method must not be used for the purposes of paragraph 2 unless the bioliquid is described in the first column of a table in Part D or Part E of Annex 5 to the Renewables Directive.

5.  Where the mixed value method is used for the purposes of paragraph 2, the disaggregated default values for cultivation must not be used in carrying out the calculation in paragraph 1 of Part C of Annex 5 to the Renewables Directive unless the biomaterial from which the bioliquid is made—

(a) was cultivated outside the EU,

(b) was cultivated in an area included in a list submitted under Article 19(2) of the Renewables Directive,

(c) is waste, or

(d) is residue (other than residue from agriculture, aquaculture or fisheries).

6.  The default percentage must not be used in relation to bioliquid described in the first column of Part A or Part B of Annex 5 to the Renewables Directive unless—

(a) in relation to the bioliquid, the result of the calculation in paragraph 7 of Part C of Annex 5 to the Renewables Directive is equal to, or less than, zero; and

(b) in the case of a bioliquid described in the first column of Part A of Annex 5 to the Renewables Directive, the biomaterial from which the bioliquid is made—

(i) was cultivated outside the EU,

(ii) was cultivated in an area included in a list submitted under Article 19(2) of the Renewables Directive,

(iii) is waste, or

(iv) is residue (other than residue from agriculture, aquaculture or fisheries).

Articles 2(1) and 28

SCHEDULE 2 GREENHOUSE GAS CRITERIA FOR SOLID AND GASEOUS BIOMASS

Articles 2(1), 28 and 82

PART 1 Greenhouse gas criteria

Interpretation

1.  In this Schedule—

“actual value method” means the calculation method provided for in Part 2;

“default value method” means the calculation method provided for in Part 3;

“post-2013 dedicated biomass station” means a generating station which—

(a)

was not accredited on or before 31st March 2013, and

(b)

has, in any month after March 2013, generated electricity in the way described as “dedicated biomass” in Schedule 5;

“relevant biomass” means biomass other than animal excreta, bioliquid, landfill gas, sewage gas or waste;

“relevant ceiling” means—

(a)

in relation to biomass used by a post-2013 dedicated biomass station to generate electricity before 1st April 2020, 79.2 grams per megajoule of electricity,

(b)

in relation to biomass used to generate electricity on or after 1st April 2020 and before 1st April 2025, 75 grams per megajoule of electricity,

(c)

in relation to biomass used to generate electricity on or after 1st April 2025, 72.2 grams per megajoule of electricity;

“relevant target” means—

(a)

in relation to biomass used to generate electricity before 1st April 2020 by a station other than a post-2013 dedicated biomass station, 79.2 grams per megajoule of electricity,

(b)

in relation to biomass used by a post-2013 dedicated biomass station to generate electricity before 1st April 2020, 66.7 grams per megajoule of electricity,

(c)

in relation to biomass used to generate electricity on or after 1st April 2020 and before 1st April 2025, 55.6 grams per megajoule of electricity,

(d)

in relation to biomass used to generate electricity on or after 1st April 2025, 50 grams per megajoule of electricity.

The greenhouse gas criteria

2.  Biomass meets the greenhouse gas criteria—

(a) if the greenhouse gas emissions from its use are equal to, or less than, the relevant target, or

(b) if—

(i) the biomass is used by a post-2013 dedicated biomass station or the biomass is used to generate electricity after 1st April 2020,

(ii) the greenhouse gas emissions from its use are equal to, or less than, the relevant ceiling, and

(iii) the biomass is used in an obligation period in which the average greenhouse gas emissions from the relevant biomass used by the station to generate electricity during that obligation period are equal to, or less than, the relevant target.

Calculating the greenhouse gas emissions

3.  For the purposes of paragraph 2, and subject to paragraph 4, the greenhouse gas emissions from the use of biomass to generate electricity—

(a) is to be calculated by the operator of the generating station using the actual value method or the default value method, or

(b) is 91 grams per megajoule of electricity.

4.  The default value method must not be used to calculate the greenhouse gas emissions from the use of biomass unless—

(a) the biomass was used in a generating station with a total installed capacity of less than 1 megawatt,

(b) the biomass is described in the first column of the table in Part 4, and

(c) in relation to the biomass, the result of the calculation in paragraph 7 of Part C of Annex 5 to the Renewables Directive is equal to, or less than, zero.

5.  For the purposes of paragraph 4(c), paragraph 7 of Part C of Annex 5 to the Renewables Directive is to be read as if—

(a) for each reference to “biofuel” there was substituted “biomass”; and

(b) the words “or bioliquid” were omitted in each place in which those words occur.

PART 2 Actual value method

6.  Where the greenhouse gas emissions from the use of biomass are calculated using the actual value method the greenhouse gas emissions from the use of the biomass are equal to—

(a) in the case of biomass used by a CHP station, ,

(b) in any other case, .

7.  In paragraph 6—

(a) is equal to where—

(i) A is the total amount of electricity generated by the generating station during the month, and

(ii) F is the energy content of all of the fuels used in generating that electricity during the month;

(b) is equal to where—

(i) F has the same meaning as in sub-paragraph (a)(ii), and

(ii) H is the energy content of all of the heat supplied to any premises by the generating station during the month;

(c) is equal to—

(i) where the maximum temperature in degrees kelvin of heat or steam which is (or may be) supplied by the generating station to any premises (“”) is less than 423 degrees kelvin, 0.3546,

(ii) in any other case, ; and

(d) E is the greenhouse gas emissions from the production of the biomass and is to be calculated in accordance with Part C of Annex 5 of the Renewables Directive but as if the following modifications were made to Part C of that Annex—

(i) in paragraph 1—

(aa) for “and use of transport fuels, biofuels and bioliquids” there was substituted “of biomass”,

(bb) for “E = total emissions from the use of the fuel” there was substituted “E = greenhouse gas emissions from the production of the biomass”, and

(cc) for “ = emissions from the fuel in use” there was substituted “ = zero”;

(ii) in paragraph 2, for the references to “fuels” and “fuel” there was substituted in each case “biomass”;

(iii) paragraphs 3 and 4 were omitted;

(iv) in paragraph 7—

(aa) for each reference to “biofuel” there was substituted “biomass”, and

(bb) the words “or bioliquid” were omitted in each place in which those words occur;

(v) in paragraph 11, for “fuel” there was substituted “biomass”;

(vi) paragraph 13 was omitted;

(vii) in paragraph 14, for “fuel” there was substituted “biomass”;

(viii) for paragraph 16 there was substituted—

“16.   Emission saving from excess electricity from cogeneration shall be taken to be zero. ”;

(ix) in paragraph 17, for each reference to “fuel” there was substituted “biomass”;

(x) in paragraph 18—

(aa) for “fuel” there was substituted “biomass”,

(bb) the words “In case of biofuels and bioliquids,” were omitted,

(cc) before “and residues from processing” there was inserted “residues from aquaculture, arboriculture, fisheries and forestry”, and

(dd) for “fuels” there was substituted “biomass”; and

(xi) for paragraph 19 there was substituted—

“19.   Where material is added to the biomass to act as a binding agent or to reduce the emissions of dust, carbon dioxide, methane or nitrous oxide from the use of the biomass, the material so added shall be considered to have zero greenhouse gas emissions, provided that the material so added does not exceed 2% by weight of the biomass.”.

PART 3 Default value method

8.  The greenhouse gas emissions from the use of biomass are calculated using the default value method where the greenhouse gas emissions from the use of the biomass are equal to—

(a) in the case of biomass used by a CHP station, ,

(b) in any other case, .

9.  In paragraph 8—

(a) , and have the same meaning as in Part 2, and

(b) E, in relation to a type of biomass described in the first column of the table in Part 4, is the number of grams which corresponds to that description in the second column of that table.

PART 4 Default greenhouse gas emissions from the production of biomass

Biomass	Default greenhouse gas emissions from the production of biomass (in grams)
Wood chips made from residue from forestry carried out in European temperate continental forest	1
Wood chips made from residue from forestry carried out in tropical or subtropical forest	25
Wood chips from short rotation forestry carried out in European temperate continental forest	4
Wood chips from short rotation forestry carried out in tropical or subtropical forest	28
Wood briquettes or wood pellets— (a) which are made from residue from forestry carried out in European temperate continental forest, and (b) where the process to produce the wood briquettes or wood pellets was fuelled by wood	2
Wood briquettes or wood pellets— (a) which are made from residue from forestry carried out in tropical or subtropical forest, and (b) where the process to produce the wood briquettes or wood pellets was fuelled by natural gas	20
Wood briquettes or wood pellets— (a) which are made from residue from forestry carried out in tropical or subtropical forest, and (b) where the process to produce the wood briquettes or wood pellets was fuelled by wood	17
Wood briquettes or wood pellets— (a) which are made from residue from forestry carried out in European temperate continental forest, and (b) where the process to produce the wood briquettes or wood pellets was fuelled by natural gas	35
Wood briquettes or wood pellets— (a) which are made from short rotation forestry carried out in European temperate continental forest, and (b) where the process to produce the wood briquettes or wood pellets was fuelled by wood	4
Wood briquettes or wood pellets— (a) which are made from short rotation forestry carried out in European temperate continental forest, and (b) where the process to produce the wood briquettes or wood pellets was fuelled by natural gas	22
Wood briquettes or wood pellets— (a) which are made from short rotation forestry carried out in tropical or subtropical forest, and (b) where the process to produce the wood briquettes or wood pellets was fuelled by wood	22
Wood briquettes or wood pellets— (a) which are made from short rotation forestry carried out in tropical or subtropical forest, and (b) where the process to produce the wood briquettes or wood pellets was fuelled by natural gas	40
Charcoal made from residue from forestry carried out in European temperate continental forest	41
Charcoal made from residue from forestry carried out in tropical or subtropical forest	50
Charcoal made from short rotation forestry carried out in European temperate continental forest	46
Charcoal made from short rotation forestry carried out in tropical or subtropical forest	57
Wheat straw	2
Bagasse briquettes where the process to produce the bagasse briquettes was fuelled by wood	17
Bagasse briquettes where the process to produce the bagasse briquettes was fuelled by natural gas	35
Bagasse bales	20
Palm kernel	27
Rice husk briquettes	28
Miscanthus bales	7
Biogas produced from wet manure	8
Biogas produced from dry manure	7
Biogas produced from wheat, where the whole plant was used to produce the biogas	21
Biogas produced from straw	21
Biogas produced from maize, where— (a) the whole maize plant was used in the process to produce the biogas, and (b) the maize was not grown by organic farming methods	34
Biogas produced from maize, where— (a) the whole maize plant was used in the process to produce the biogas, and (b) the maize was grown by organic farming methods	19

Article 2(1)

SCHEDULE 3 LAND CRITERIA

Interpretation

1.  In this Schedule—

“continuously forested area” means land of an area of more than one hectare which includes—

(a)

trees more than five metres tall providing a tree canopy cover of more than 30%, or

(b)

trees collectively having the capacity to provide a tree canopy cover of more than 30% which—

(i)

are more than five metres tall, or

(ii)

have the capacity to grow to a height of more than five metres;

“designated for nature protection purposes” means designated pursuant to the law of the United Kingdom or of any part of the United Kingdom or pursuant to the law of any country or territory outside the United Kingdom, for the purpose of protecting the natural environment;

“environmental quality assurance scheme” means a voluntary scheme which establishes environmental or social standards in relation to the production of woody biomass;

“exempt purpose” has the meaning given in paragraph 7;

“greenhouse gas emissions from the use of fossil fuel” has the same meaning as in Schedule 1;

“highly biodiverse grassland” is to be construed in accordance with Article 17(3)(c) of the Renewables Directive;

“lightly forested area” means land of an area of more than one hectare which includes—

(a)

trees more than five metres tall providing a tree canopy cover of between 10% and 30%, or

(b)

trees collectively having the capacity to provide a tree canopy cover of between 10% and 30% which—

(i)

are more than five metres tall, or

(ii)

have the capacity to grow to a height of more than five metres;

“primary forest” means woodland of native species, where there is no clearly visible indication of human activity and ecological processes are not significantly disturbed;

“protected source” has the meaning given in paragraph 5;

“relevant percentage” has the same meaning as in Schedule 1;

“relevant target” has the same meaning as in Part 1 of Schedule 2;

“sustainable source” has the meaning given in paragraph 6;

“wetland area” means land that is covered with or saturated by water—

(a)

permanently, or

(b)

for a significant part of the year; and

“woody biomass” means biomass which—

(a)

is, or is derived from, wood (other than an energy crop), and

(b)

is not a bioliquid.

Land criteria: bioliquids

2.  A consignment of bioliquid meets the land criteria if the biomaterial from which the fuel was made—

(a) was not obtained from a protected source,

(b) was residue (other than residue from agriculture, aquaculture, fisheries or forestry), or

(c) was waste.

Land criteria: woody biomass

3.  A consignment of woody biomass meets the land criteria if—

(a) at least 70% of the woody biomass was obtained from a sustainable source,

(b) the woody biomass is used by the RO capacity of a generating station to generate electricity in a month in which at least 70% of all of the woody biomass used by the RO capacity of that generating station to generate electricity was obtained from a sustainable source, or

(c) the woody biomass was certified by an environmental quality assurance scheme which ensures that at least 70% of the woody biomass certified by the scheme was obtained from a sustainable source.

Land criteria: other fuels

4.  A consignment of fuel (other than bioliquid or woody biomass) meets the land criteria if the biomaterial from which the fuel was made—

(a) was not obtained from a protected source,

(b) was residue (other than residue from agriculture, aquaculture, fisheries or forestry),

(c) was an energy crop in respect of which financial assistance was paid under the Energy Crops Regulations 2000(1), or under an equivalent financial assistance scheme, or

(d) was added to the fuel for an exempt purpose.

Protected sources

5.—(1) For the purposes of paragraphs 2(a) and 4(a), biomaterial is obtained from a protected source if it is obtained from—

(a) land which at any time during or after January 2008 was primary forest;

(b) land which at any time during or after January 2008 was designated for nature protection purposes (unless the production of the biomaterial did not interfere with those nature protection purposes);

(c) highly biodiverse grassland (unless the harvesting of the biomaterial was necessary to preserve the grassland status);

(d) land which at any time during January 2008 was peatland (unless the cultivation and harvesting of the biomaterial did not involve the drainage of previously undrained soil);

(e) a former continuously forested area;

(f) except where sub-paragraph (2) or (4) applies to the biomaterial, a former lightly forested area; or

(g) a former wetland area.

(2) This sub-paragraph applies to biomaterial obtained from a former lightly forested area where—

(a) the fuel made from the biomaterial was not a bioliquid; and

(b) the greenhouse gas emissions from the use of the fuel to generate one megajoule of electricity did not exceed the relevant target.

(3) For the purposes of sub-paragraph (2)(b), the greenhouse gas emissions must be calculated using the method provided for in Part 2 of Schedule 2.

(4) This sub-paragraph applies to biomaterial obtained from a former lightly forested area where—

(a) the fuel made from the biomaterial was a bioliquid; and

(b) the greenhouse gas emissions from the use of the bioliquid to generate electricity were lower, by at least the relevant percentage, than the greenhouse gas emissions from the use of fossil fuel.

(5) For the purposes of sub-paragraph (4)(b), the percentage difference between the greenhouse gas emissions from the use of the bioliquid and the greenhouse gas emissions from the use of fossil fuel must be calculated using the method provided for in paragraphs 1, 2 and 5 to 18 of Part C of Annex 5 to the Renewables Directive.

(6) For the purposes of this paragraph—

(a) biomaterial was obtained from a former continuously forested area if the land—

(i) was a continuously forested area at any time during January 2008, and

(ii) was not a continuously forested area when the biomaterial was obtained from it;

(b) biomaterial was obtained from a former lightly forested area if the land—

(i) was a lightly forested area at any time during January 2008, and

(ii) was not a lightly forested area or a continuously forested area when the biomaterial was obtained from it; and

(c) biomaterial was obtained from a former wetland area if the land—

(i) was a wetland area at any time during January 2008, and

(ii) was not a wetland area when the biomaterial was obtained from it.

Sustainable source

6.—(1) For the purposes of paragraph 3, woody biomass is obtained from a sustainable source if it—

(a) was grown within an area of forest or other land which is managed—

(i) in a way that is consistent with—

(aa) the Forest Europe Sustainable Forest Management Criteria, or

(bb) a set of international principles for the sustainable management of land which meet the requirements specified in sub-paragraph (2); and—

(ii) to meet the requirements specified in sub-paragraph (4);

(b) was residue from arboriculture carried out in an area which was not a forest;

(c) was added to the fuel for an exempt purpose; or

(d) was removed for the purpose of creating, restoring or maintaining the ecosystem of an area which was not a forest.

(2) The requirements specified in this sub-paragraph are that—

(a) the principles have been adopted following a process (“the principle setting process”) which sought to—

(i) obtain a balanced representation of the views of interest groupings,

(ii) ensure that no single interest grouping could dominate the principle setting process, and

(iii) ensure that no decision on the contents of the principles could be made in the absence of agreement from a majority within each interest grouping involved in the principle setting process; and

(b) can be changed by a process (“the change process”) which seeks to ensure that:

(i) no single interest grouping can dominate the process, and

(ii) no decision on changes to the principles can be made in the absence of agreement from a majority within each interest grouping involved in the change process.

(3) For the purposes of sub-paragraph (2), each of the following is an interest grouping in relation to the forest or other location where the wood was grown—

(a) persons with interests which are predominantly economic in nature;

(b) persons with interests which are predominantly environmental in nature;

(c) persons with interests which are predominantly social in nature.

(4) The requirements specified in this sub-paragraph are—

(a) harm to ecosystems is minimised, in particular by—

(i) assessing the impacts of the extraction of wood from the area and adopting plans to minimise any negative impacts,

(ii) protecting soil, water and biodiversity,

(iii) controlling the use of chemicals and ensuring that chemicals are used in an appropriate way,

(iv) wherever possible, using integrated pest management, and

(v) disposing of waste in a manner that minimises any negative impacts;

(b) the productivity of the area is maintained, in particular by—

(i) adopting plans to avoid significant negative impacts on productivity,

(ii) adopting procedures for the extraction of wood that minimise the impact on other uses of the area,

(iii) providing for all of the contractors and workers who are working in the area to be adequately trained in relation to the maintenance of productivity, and

(iv) maintaining an adequate inventory of the trees in the area (including data on the growth of the trees and on the extraction of wood) so as to ensure that wood is extracted from the area at a rate which does not exceed its long-term capacity to produce wood;

(c) compliance with the requirement in paragraph (b) is monitored, the results of that monitoring reviewed and planning updated accordingly;

(d) the health and vitality of ecosystems is maintained, in particular by—

(i) adopting plans to maintain or increase the health and vitality of ecosystems,

(ii) adopting plans to deal with natural processes or events such as fires, pests and diseases, and

(iii) taking adequate measures to protect the area from unauthorised activities such as illegal logging, mining and encroachment;

(e) biodiversity is maintained, in particular by—

(i) implementing safeguards to protect rare, threatened and endangered species,

(ii) conserving key ecosystems in their natural state, and

(iii) protecting features and species of outstanding or exceptional value;

(f) those responsible for the management of the area (and any contractors engaged by them) comply with the local and national laws relating to health and safety and the welfare of workers;

(g) those responsible for the management of the area have regard to—

(i) legal, customary and traditional rights of tenure and land use,

(ii) mechanisms for resolving grievances and disputes including those relating to tenure and land use rights, forest or land management practices and working conditions, and

(iii) safeguarding the health and safety and rights of workers;

(h) there is regular assessment of the extent to which those responsible for the management of the area have met the requirements set out in paragraphs (a) to (g).

(5) In this paragraph—

“the Forest Europe Sustainable Forest Management Criteria” means the criteria for sustainable forest management in Lisbon Resolution L2 of the third Ministerial Conference on the Protection of Forests in Europe held in June 1998(2);

“integrated pest management” has the meaning given in Article 3(6) of Directive 2009/128/EC establishing a framework for Community action to achieve the sustainable use of pesticides(3); and

“local and national laws”, in relation to a site, means laws applying in the locality in which the site is situated, whether made at a local or national level.

Exempt purposes

7.  For the purposes of paragraph 4(d) and 6(1)(c), biomaterial is added to a fuel for an exempt purpose if—

(a) it is added to the fuel—

(i) to act as a binding agent, or

(ii) to reduce the emissions of dust, carbon dioxide, methane or nitrous oxide from the use of the fuel, and

(b) it does not exceed 2% by weight of the fuel.

Articles 2(1), 87 and 93

SCHEDULE 4 THE ROC REGISTER

1.  The Register must be at one or more of the Authority’s premises, and may be in electronic form.

2.  The Register must identify whether or not a ROC subsists and contain details of its particulars.

3.  Particulars of a ROC comprise—

(a) the name of the person to whom the Authority issues the ROC or, where the Authority has amended the Register in dealing with a request for substitution in accordance with paragraph 7, the name of the substitute (“the registered holder”), and

(b) an identifier unique to the ROC (“the ROC identifier”) determined by the Authority and containing the following information (or reference to that information in coded format)—

(i) the month and year during which the electricity was generated,

(ii) the location of the generating station or, where the ROC certifies the matters within section 32B(5), (6) or (8) of the Act, the location of the agent to whom, by virtue of article 19, the ROC was issued,

(iii) a description of that generating station or, where the ROC certifies the matters within section 32B(5), (6) or (8) of the Act, the generating stations to which the ROC relates, including reference to the renewable source or sources used to generate electricity,

(iv) the date of issue of the ROC, and

(v) the number given to the ROC by the Authority.

4.  A person may only be the registered holder of a ROC or have an entry made and maintained in respect of them under article 93(3)(b) if they provide to the Authority in writing—

(a) evidence of their identity, and

(b) where persons are authorised to act on their behalf in respect of the production of ROCs under article 7(2) or in respect of requests for amendments to be made to the Register as provided for in this Schedule, details of those persons.

5.  The Authority may from time to time draw up procedural guidelines for itself and others to assist it in maintaining the Register and carrying out its functions in respect of the Register.

6.  The Authority must delete from the Register—

(a) any ROC which has been revoked by it,

(b) any ROC which has been produced to it under article 7(2),

(c) any ROC which is no longer eligible to be produced to it under article 7(2),

(d) any ROC which it is asked to delete from the Register by the registered holder of the ROC, or

(e) any ROC which has been (according to the Northern Ireland authority) produced to the Northern Ireland authority by a Northern Ireland supplier under a NIRO Order,

and after a ROC is so deleted, it cannot be produced to the Authority under article 7(2).

7.  Where the registered holder of a ROC and a person whom the holder wishes to be the registered holder of it require the Register to be amended, by substituting for the name of the registered holder the name of the other person (“the substitute”)—

(a) the substitute must be a person whose name is included on the list referred to in article 93(3)(b),

(b) the registered holder and the substitute must each submit to the Authority in writing requests which are identical in all material respects, and

(c) where the requirements of sub-paragraphs (a) and (b) are met, the Authority must, within 5 banking days after the banking day on which (at the commencement of its working hours) it is first in possession of the requests, amend the particulars of the ROC recorded in the Register to show the substitute as the registered holder.

8.  Where the Authority receives requests under paragraph 7(b) it must inform both the registered holder of the ROC and the substitute that the requests have been received and, in the event that the requests are not identical in all material respects, must draw this to their attention.

9.  Where—

(a) a ROC is issued under this Order, or

(b) a substitute is recorded as the registered holder of a ROC pursuant to paragraph 7,

the Authority must notify the registered holder or, as the case may be, the former and new registered holder of that fact in writing within 5 banking days of the issue or substitution having taken place.

10.  The substitute cannot be the registered holder of a ROC until such time as the particulars of the ROC recorded in the Register identify the substitute as such.

11.  The Register may be amended by a decision of the Authority—

(a) where the Authority is satisfied that an entry in the Register has been obtained by fraud,

(b) where a decision of a Court of competent jurisdiction or the operation of law requires the amendment of the Register, or

(c) where the Authority is satisfied that, for some other reason, it is necessary to amend the Register (for example, because an entry in it is incorrect).

12.  The contents of the Register (including the entries referred to in article 93(3)(b)) must be available for inspection by the public on request at reasonable notice during the Authority’s working hours and at the request of any person the Authority must provide a written statement of any entry on the Register including any entry referred to in article 93(3)(b).

13.  Where any person considers that an entry maintained in respect of them under article 93(3)(b) should be amended or deleted, they may apply to the Authority in writing requesting that the entry be amended or deleted.

14.  The Authority must in any procedural guidelines which it produces provide details of its usual working hours.

15.  In this Schedule, “banking day” means a day on which banks are generally open in the City of London excluding Saturdays and Sundays.

Articles 14, 32, 33, 34, 35,36, 37, 42 and 57

SCHEDULE 5 ELECTRICITY TO BE STATED IN ROCs

Article 36

PART 1 INTERPRETATION

1.—(1) In this Schedule—

“2009/11 dedicated biomass station” means a generating station which has, in any month after March 2009 and before November 2011, generated electricity—

(a)

only from biomass, and

(b)

in respect of which ROCs were issued for all or part of the electricity so generated during that month;

“AD” means electricity generated from gas formed by the anaerobic digestion of material which is neither sewage nor material in a landfill;

“advanced gasification/pyrolysis” means electricity generated from an advanced fuel which—

(a)

in the case of a gaseous fuel, has a gross calorific value of at least 4 megajoules per metre cubed at 25 degrees Celsius and 0.1 megapascals when measured at the inlet to the generating station, and

(b)

in the case of a liquid fuel, has a gross calorific value of at least 10 megajoules per kilogram at 25 degrees Celsius and 0.1 megapascals when measured at the inlet to the generating station;

“building mounted solar PV” means electricity generated from the direct conversion of sunlight into electricity by equipment not installed on the ground either—

(a)

directly, or

(b)

on a frame, plinth or other structure installed—

(i)

on the ground, and

(ii)

wholly or mainly for the purpose of supporting that equipment;

“closed landfill gas” means electricity generated—

(a)

from landfill gas (other than electricity generated using the heat from a turbine or engine), and

(b)

in a month in which the generating station generates electricity only from gas formed by the digestion of material in a landfill which has finally ceased to accept waste for disposal;

“co-firing of regular bioliquid” means electricity generated from regular bioliquid burned in a combustion unit in a month in which—

(a)

the energy content of the biomass burned in that combustion unit is less than 100% of the energy content of all of the energy sources burned in that combustion unit during that month, and

(b)

the generating station generates electricity partly from fossil fuel and partly from renewable sources;

“co-firing of regular bioliquid with CHP” means electricity generated from regular bioliquid burned by a qualifying CHP station in a combustion unit in a month in which—

(a)

the energy content of the biomass burned in that combustion unit is less than 100% of the energy content of all of the energy sources burned in that combustion unit during that month,

(b)

the station generates electricity partly from fossil fuel and partly from renewable sources, and

(c)

the fossil fuel and regular bioliquid have been burned in separate combustion units;

“dedicated biomass” means electricity generated from regular bioliquid or regular biomass by a generating station—

(a)

which is not a relevant fossil fuel station, and

(b)

in a month in which it generates electricity only from biomass;

“dedicated biomass with CHP” means electricity generated from regular bioliquid or regular biomass by a qualifying CHP station—

(a)

which is not a relevant fossil fuel station, and

(b)

in a month in which it generates electricity only from biomass;

“dedicated energy crops” means electricity generated from energy crops by a generating station—

(a)

which is not a relevant fossil fuel station, and

(b)

in a month in which the station generates electricity only from energy crops or only from biomass;

“energy from waste with CHP” means electricity generated from the combustion of waste (other than an advanced fuel or a fuel produced by means of anaerobic digestion) in a qualifying CHP station in a month in which the station generates electricity only from renewable sources and those renewable sources include waste which is not biomass;

“geopressure” means electricity generated using naturally occurring subterranean pressure;

“geothermal” means electricity generated using naturally occurring subterranean heat;

“ground mounted solar PV” means electricity generated from the direct conversion of sunlight into electricity by equipment installed on the ground either—

(a)

directly, or

(b)

on a frame, plinth or other structure installed—

(i)

on the ground, and

(ii)

wholly or mainly for the purpose of supporting that equipment;

“high-range co-firing” means electricity generated from energy crops or regular biomass burned in a combustion unit in a month in which—

(a)

the energy content of the biomass burned in that combustion unit is at least 85% but is less than 100% of the energy content of all of the energy sources burned in that combustion unit during that month, and

(b)

the generating station generates electricity partly from fossil fuel and partly from renewable sources;

“high-range co-firing with CHP” means electricity generated from energy crops or regular biomass burned by a qualifying CHP station in a combustion unit in a month in which—

(a)

the energy content of the biomass burned in that combustion unit is at least 85% but is less than 100% of the energy content of all of the energy sources burned in that combustion unit during that month,

(b)

the station generates electricity partly from fossil fuel and partly from renewable sources, and

(c)

the fossil fuel has been burned in a separate combustion unit from the energy crops or regular biomass;

“hydroelectric” means electricity generated by a hydro generating station;

“landfill gas heat recovery” means electricity generated using the heat from a turbine or engine, where that turbine or engine is generating electricity from landfill gas;

“low-range co-firing” means electricity generated from energy crops or regular biomass burned in a combustion unit in a month in which—

(a)

the energy content of the biomass burned in that combustion unit is less than 50% of the energy content of all of the energy sources burned in that combustion unit during that month, and

(b)

the generating station generates electricity partly from fossil fuel and partly from renewable sources;

“low-range co-firing with CHP” means electricity generated from energy crops or regular biomass burned by a qualifying CHP station in a combustion unit in a month in which—

(a)

the energy content of the biomass burned in that combustion unit is less than 50% of the energy content of all of the energy sources burned in that combustion unit during that month,

(b)

the station generates electricity partly from fossil fuel and partly from renewable sources, and

(c)

the fossil fuel has been burned in a separate combustion unit from the energy crops or regular biomass;

“mid-range co-firing” means electricity generated from energy crops or regular biomass burned in a combustion unit in a month in which—

(a)

the energy content of the biomass burned in that combustion unit is at least 50% but is less than 85% of the energy content of all of the energy sources burned in that combustion unit during that month, and

(b)

the generating station generates electricity partly from fossil fuel and partly from renewable sources;

“mid-range co-firing with CHP” means electricity generated from energy crops or regular biomass burned by a qualifying CHP station in a combustion unit in a month in which—

(a)

the energy content of the biomass burned in that combustion unit is at least 50% but is less than 85% of the energy content of all of the energy sources burned in that combustion unit during that month,

(b)

the station generates electricity partly from fossil fuel and partly from renewable sources, and

(c)

the fossil fuel has been burned in a separate combustion unit from the energy crops or regular biomass;

“offshore wind” means electricity generated from wind by a generating station that is offshore;

“onshore wind” means electricity generated from wind by a generating station that is not offshore;

“regular bioliquid” means bioliquid other than—

(a)

advanced fuel,

(b)

fuel produced by means of anaerobic digestion,

(c)

energy crops;

“regular biomass” means biomass other than—

(a)

advanced fuel,

(b)

fuel produced by means of anaerobic digestion,

(c)

bioliquid,

(d)

energy crops,

(e)

landfill gas,

(f)

sewage gas;

“relevant fossil fuel CHP station” means a relevant fossil fuel station which is a qualifying CHP station;

“relevant fossil fuel station” means—

(a)

a generating station—

(i)

which is not a 2009/11 dedicated biomass station, and

(ii)

which has, in any 6 month period since it was first commissioned, generated electricity from fossil fuel, where the energy content of the fossil fuel was more than 15% of the energy content of all of the energy sources used by the station to generate electricity during that 6 month period, or

(b)

a generating station—

(i)

which is a 2009/11 dedicated biomass station, and

(ii)

which has, in any 6 month period since 1st November 2011, generated electricity from fossil fuel, where the energy content of the fossil fuel was more than 15% of the energy content of all of the energy sources used by the station to generate electricity during that 6 month period;

“solar photovoltaic” means electricity generated from the direct conversion of sunlight into electricity;

“standard gasification/pyrolysis” means electricity generated from an advanced fuel which—

(a)

in the case of a gaseous fuel, has a gross calorific value which is at least 2 megajoules per metre cubed but is less than 4 megajoules per metre cubed at 25 degrees Celsius and 0.1 megapascals when measured at the inlet to the generating station, and

(b)

in the case of a liquid fuel, has a gross calorific value which is less than 10 megajoules per kilogram at 25 degrees Celsius and 0.1 megapascals when measured at the inlet to the generating station;

“station conversion” means electricity generated—

(a)

from regular bioliquids, energy crops or regular biomass,

(b)

by a relevant fossil fuel station, and

(c)

in a month in which the station generates electricity only from biomass or only from energy crops;

“station conversion with CHP” means electricity generated—

(a)

from regular bioliquids, energy crops or regular biomass,

(b)

by a relevant fossil fuel CHP station, and

(c)

in a month in which the station generates electricity only from biomass or only from energy crops;

“tidal impoundment” means electricity generated by a generating station driven by the release of water impounded behind a barrier using the difference in tidal levels where the station has a declared net capacity of less than 1 gigawatt;

“tidal stream” means electricity generated from the capture of the energy created from the motion of naturally occurring tidal currents in water;

“unit conversion” means electricity generated from regular bioliquids, energy crops or regular biomass burned in a combustion unit in a month in which—

(a)

that combustion unit burns only biomass or burns only energy crops, and

(b)

the generating station generates electricity partly from fossil fuel and partly from renewable sources;

“unit conversion with CHP” means electricity generated from regular bioliquids, energy crops or regular biomass burned by a qualifying CHP station in a combustion unit in a month in which—

(a)

that combustion unit burns only biomass or burns only energy crops, and

(b)

the station generates electricity partly from fossil fuel and partly from renewable sources;

“wave” means electricity generated from the capture of the energy created from the motion of naturally occurring waves on water.

(2) For the purposes of this Schedule—

(a) fossil fuel does not include waste which is a renewable source;

(b) in determining how electricity has been generated, no account is to be taken of any fossil fuel or waste which a generating station uses for permitted ancillary purposes;

(c) in determining the energy content of the energy sources used by a generating station to generate electricity, no account is to be taken of any fossil fuel or waste which the station uses for permitted ancillary purposes; and

(d) in determining the energy content of the energy sources burned in a combustion unit, no account is to be taken of any fossil fuel or waste which is used in that combustion unit for permitted ancillary purposes.

Article 33

PART 2 AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED USING PRE-2013 CAPACITY

Way of generating electricity	Amount of electricity (in megawatt hours) to be stated in a ROC issued for electricity generated using pre-2013 capacity
AD
Advanced gasification/pyrolysis
Co-firing of regular bioliquid	2
Dedicated biomass
Dedicated energy crops
Electricity generated from landfill gas	4
Electricity generated from sewage gas	2
Energy from waste with CHP	1
Geopressure	1
Geothermal
High-range co-firing
Hydroelectric	1
Low-range co-firing	2
Mid-range co-firing
Offshore wind
Onshore wind	1
Solar photovoltaic
Standard gasification/pyrolysis	1
Station conversion	1
Tidal impoundment
Tidal stream
Unit conversion	1
Wave

Articles 33 and 42

PART 3 AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED USING 2013/14 CAPACITY, 2014/15 CAPACITY, 2015/16 CAPACITY OR POST-2016 CAPACITY

Way of generating electricity	Amount of electricity (in megawatt hours) to be stated in a ROC issued for electricity generated using—
	2013/14 capacity	2014/15 capacity	2015/16 capacity	post-2016 capacity
AD
Advanced gasification/ pyrolysis
Building mounted solar PV
Closed landfill gas	5	5	5	5
Co-firing of regular bioliquid	2	2	2	2
Dedicated biomass
Dedicated energy crops
Electricity generated from sewage gas	2	2	2	2
Energy from waste with CHP	1	1	1	1
Geopressure	1	1	1	1
Geothermal
Ground mounted solar PV
High-range co-firing
Hydroelectric
Landfill gas heat recovery	10	10	10	10
Low-range co-firing	2	2	2	2
Mid-range co-firing
Offshore wind
Onshore wind
Standard gasification/ pyrolysis
Station conversion	1	1	1	1
Tidal impoundment
Tidal stream
Unit conversion	1	1	1	1
Wave

Article 34

PART 4 AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED BY MICROGENERATORS TO WHICH ARTICLE 34 APPLIES

Category of generating capacity	Amount of electricity (in megawatt hours) to be stated in a ROC
Pre-2013 capacity
2013/15 capacity
2015/16 capacity
Post-2016 capacity

Article 35

PART 5 AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED USING PRE-2013 CAPACITY OR 2013/15 CAPACITY WHERE ARTICLE 35(3) OR (4) APPLIES

Way of generating electricity	Amount of electricity (in megawatt hours) to be stated in a ROC issued in respect of the qualifying proportion of electricity generated using pre-2013 capacity or 2013/15 capacity	Amount of electricity (in megawatt hours) to be stated in a ROC issued in respect of the remainder of the electricity generated using pre-2013 capacity or 2013/15 capacity
Co-firing of regular bioliquid with CHP	1	2
Dedicated biomass with CHP
High-range co-firing with CHP
Low-range co-firing with CHP	1	2
Mid-range co-firing with CHP
Station conversion with CHP		1
Unit conversion with CHP		1

Article 35

PART 6 AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED USING 2015/16 CAPACITY WHERE ARTICLE 35(5) APPLIES

Way of generating electricity	Amount of electricity (in megawatt hours) to be stated in a ROC issued in respect of the qualifying proportion of electricity generated using 2015/16 capacity	Amount of electricity (in megawatt hours) to be stated in a ROC issued in respect of the remainder of the electricity generated using 2015/16 capacity
Co-firing of regular bioliquid with CHP	1	2
Dedicated biomass with CHP
High-range co-firing with CHP
Low-range co-firing with CHP	1	2
Mid-range co-firing with CHP
Station conversion with CHP		1
Unit conversion with CHP		1

Article 35

PART 7 AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED USING POST-2016 CAPACITY WHERE ARTICLE 35(6) APPLIES

Way of generating electricity	Amount of electricity (in megawatt hours) to be stated in a ROC issued in respect of the qualifying proportion of electricity generated using post-2016 capacity	Amount of electricity (in megawatt hours) to be stated in a ROC issued in respect of the remainder of the electricity generated using post-2016 capacity
Co-firing of regular bioliquid with CHP	1	2
Dedicated biomass with CHP
High-range co-firing with CHP
Low-range co-firing with CHP	1	2
Mid-range co-firing with CHP
Station conversion with CHP		1
Unit conversion with CHP		1

(1)

S.I. 2000/3042 as amended by article 6(2)(b) of S.I. 2011/1043 and section 73(2) of the Countryside and Rights of Way Act 2000 (c.37) and regulation 3 of S.I. 2001/3900. The Energy Crops Regulations 2000 have now been revoked by regulation 35(1) of and Schedule 5 to S.I. 2014/3263, as from 1st January 2015.

(2)

Lisbon Resolution L2 is entitled “Pan-European Criteria, Indicators and Operational Level Guidelines for Sustainable Forest Management”. Copies are available at http://www.foresteurope.org/ministerial_conferences/lisbon1998. Copies can also be obtained from the Department of Energy and Climate Change.

(3)

OJ No L 309, 24.11.2009, p71.