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The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018

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Amendment of regulation 2

This section has no associated Explanatory Memorandum

29.—(1) Regulation 2 (interpretation) is amended as follows.

(2) Omit the definition of “the directive”.

(3) Move the definition of “the RTFO Order” to the appropriate place in the alphabetical order.

(4) Omit the definition of “the Renewable Energy Directive”.

(5) In the appropriate places, insert—

“assessment time”—

(a)

in relation to renewable aviation turbine fuel (within the meaning given in article 3 of the RTFO Order), has the meaning given in article 2 of the RTFO Order;

(b)

in relation to renewable hydrogen or hydrogen from fossil fuel sources, means the time at which is it sold to a retail customer;

(c)

in relation to gaseous renewable transport fuels which are to be used only in non-road transports, means the time at which the fuel is set aside for such use;

(d)

in relation to electricity for use in electric road vehicles, means the time at which the electricity is given through an appropriate meter, and for this purpose “appropriate meter”—

(i)

in relation to Great Britain, has the meaning given in paragraph 1 of Schedule 7 to the Electricity Act 1989(1);

(ii)

in relation to Northern Ireland, has the meaning given in paragraph 2 of Schedule 7 to the Electricity (Northern Ireland) Order 1992(2);

(e)

in relation to any energy product, other than fossil fuel for use in aircraft, which does not fall within sub-paragraph (a), (b) or (c), means the time at which the requirement under the Hydrocarbon Oil Duties Act 1979(3) to pay the duty of excise with which that fuel is chargeable took effect;;

“CO2eq” means carbon dioxide equivalent GHG emissions, and references to “gCO2eq” and “kgCO2eq” mean “grams of carbon dioxide equivalent GHG emissions” and “kilograms of carbon dioxide equivalent GHG emissions”, respectively;;

“connected person” means, in relation to a supplier, a person who is connected with the supplier within the meaning of section 1122 of the Corporation Tax Act 2010(4);;

“the directive” means Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels, etc., and a reference in these Regulations to Annex IV to the directive is a reference to that Annex as amended from time to time;;

“electricity supplier”—

(a)

in relation to Great Britain, has the meaning given in section 6 of the Electricity Act 1989(5);

(b)

in relation to Northern Ireland, has the meaning given in Article 3 of the Electricity (Northern Ireland) Order 1992(6);;

“emissions savings” has the meaning given in regulation 16A;;

“GHG credit” means a document or record (which may be electronic)

(a)

issued to a supplier by the Administrator under Part 3A; and

(b)

which certifies that the supplier to which it is issued has achieved the emissions savings stated in the credit (as to which, see regulation 16A) in relation to the reporting period concerned;;

“GHG Directive” means Council Directive (EU) 2015/652 of 20 April 2015 laying down calculation methods and reporting requirements pursuant to the directive(7);;

“GHG reduction obligation” has the meaning given in regulation 6B;;

“GHGi”, in relation to an energy product or electricity, means the GHG emissions per unit of energy of the energy product or the electricity, measured in gCO2eq/MJ;;

“lower heating value” means—

(a)

in relation to an energy product consisting of biofuel—

(i)

where that biofuel is of a type listed in Annex III to the Renewable Energy Directive, the lower calorific value for the particular type of biofuel set out in Annex III to that Directive;

(ii)

where that biofuel is not of a type listed in Annex III to the Renewable Energy Directive, subject to the Administrator’s approval, the lower heating value for that type of fuel set out in Part 2 of Appendix I to the European Commission’s Joint Research Centre Well-to-Tank Report, version 4, of July 2013(8) (“the JRC Well-to-Tank Report”);

(b)

in relation to an energy product consisting of fuel of non-biological origin, the lower heating value for that type of fuel set out in Part 2 of Appendix I to the JRC Well-to-Tank Report;;

“MJ” means megajoule, and references to “/MJ” mean “per megajoule”;;

“non-road transports” has the meaning given in article 2 of the RTFO Order;;

“predominant conversion technology” means the technology or mechanism used to convert energy in an energy product or in electricity into energy for the purpose of generating propulsion or movement;;

“the Renewable Energy Directive” means Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009(9) on the promotion of the use of energy from renewable sources, etc.;;

“RTF certificate” has the meaning given in section 127 of the Energy Act 2004;;

SME” means a business which —

(a)

employs fewer than 250 persons; and

(b)

has—

(i)

an annual turnover which does not exceed 50 million euros in value; or

(ii)

an annual balance sheet total which does not exceed 43 million euros in value;;

“UER” means a reduction in upstream emissions;;

“unit GHGi threshold” has the meaning given in regulation 6B(2);;

“upstream emissions”, in relation to an energy product, means all greenhouse gas emissions occurring prior to the raw material entering a refinery or a processing plant where the energy product was produced;;

“verifier’s assurance report” means a report which meets the requirements of regulation 6;.

(6) Omit the definition of “the fuel baseline standard”.

(7) Omit the definition of “greenhouse gas emissions per unit of energy”.

(8) For the definition of “non-regulated supplier”, substitute—

“non-regulated supplier” means—

(a)

an electricity supplier;

(b)

a supplier, other than an electricity supplier, which is not subject to the GHG reporting requirement imposed under regulation 4;.

(9) For the definition of “relevant feedstock”, substitute—

“relevant feedstock” has the meaning given in article 2 of the RTFO Order;.

(10) In the definition of “the reporting deadline”, for “29th November”, in each place where it occurs, substitute “15th September”.

(11) For the definition of “supplier”, substitute—

“supplier” means—

(a)

a supplier of energy products;

(b)

an electricity supplier;.

(12) Omit the definition of “supply”.

(1)

1989 c.29. There are amendments to Schedule 7 to the Electricity Act 1989, but these are not relevant to these Regulations.

(2)

1992 No. 231 (N.I. 1). There are amendments to Schedule 7 to the Electricity (Northern Ireland) Order 1992, but these are not relevant to these Regulations.

(5)

There are amendments to section 6 of the Electricity Act 1989, but these are not relevant to these Regulations.

(6)

Article 3 of the Electricity (Northern Ireland) Order 1992 was amended by the Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321). There are other amendments to Article 3 but these are not relevant to these Regulations.

(7)

OJ L 107 25.4.2015 p.26.

(8)

A copy of the report can be obtained from the Joint Research Centre, Via Enrico Fermi 2749, TP 230, 21027 Ispra (VA), Italy and a copy of Appendix I to the report can be viewed online at: https://iet.jrc.ec.europa.eu/about-jec/sites/iet.jrc.ec.europa.eu.about-jec/files/documents/report_2013/wtt_appendix_1_v4_july_2013_final.pdf.

(9)

The Renewable Energy 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.

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