The Smart Export Guarantee Order 2019

PART 1 Sustainability and feedstock criteria

1.  This Part sets out the sustainability and feedstock criteria in relation to which the Authority must verify that each SEG generator who receives or intends to receive SEG payments in respect of an AD installation has met.

Ongoing obligation to meet sustainability criteria

2.  A SEG generator must confirm that it has sought SEG payments only for electricity exported by the AD installation generated using sustainable biogas.

Ongoing obligation to provide quarterly declarations relating to sustainability criteria

3.—(1) A SEG generator must, in relation to each consignment of biomass used to make the biogas used to generate electricity at the AD installation during a quarterly reporting period, provide the Authority with a declaration that states that one of the provisions at paragraph (2)(a) to (c) applies, and which provision applies.

(2) The provisions referred to at paragraph (1) are that—

(a) the biogas was made from feedstock that was waste;

(b) the biogas met the greenhouse gas criteria and where the criteria are met, the greenhouse gas emissions for that biogas were calculated in accordance with paragraph 7 of Part 2 of this Schedule; or

(c) the biogas was made from feedstock which was solid biomass which met the land criteria.

(3) The SEG generator must provide the declaration within 28 days after the end of the quarterly reporting period to which the declaration relates.

Ongoing obligation to provide annual declarations relating to feedstock types

4.—(1) A SEG generator must provide the Authority with a declaration containing the following information for each annual reporting period—

(a) the total amount of electricity generated during the period by the AD installation;

(b) details of the type of feedstock used to make the biogas used to generate the electricity; and

(c) the proportion of the energy content of the biogas which was not derived from waste or residue, expressed as a decimal and rounded to 4 decimal places.

(2) The SEG generator must provide the declaration within 3 months after end of the annual reporting period to which the declaration relates.

Ongoing obligation to provide annual audit report relating to sustainability and feedstock types

5.—(1) This paragraph applies in respect of a SEG generator in respect of an AD installation with a total installed capacity of 1 megawatt or above.

(2) The SEG generator must, in relation to an annual reporting period, submit to the Authority with the declaration required in accordance with paragraph 4, an audit report that—

(a) is prepared by a person who is not the SEG generator or a person connected with the SEG generator within the meaning of section 1122 of the Corporation Tax Act 2010(1);

(b) is prepared in accordance with the International Standard on Assurance Engagements 3000 (Revised): Assurance engagements other than Audits or Reviews of Historical Financial Information dated 9th December 2013(2) or an equivalent standard;

(c) states whether anything has come to the attention of the person preparing the report to indicate that the information in the quarterly declarations provided under paragraph 3 in respect of the annual reporting period (“the sustainability information”) is not accurate;

(d) considers—

(i) whether the systems used to produce the sustainability information are likely to produce information that is reasonably accurate and reliable;

(ii) whether there are controls in place to help protect the sustainability information against material misstatements due to fraud or error;

(iii) the frequency and methodology of any sampling carried out for the purpose of obtaining or checking the information on which the SEG generator relied in preparing the sustainability information; and

(iv) the robustness of the data on which the SEG generator relied in preparing the sustainability information; and

(e) states that the person preparing the report has reviewed the information provided under paragraph 4 in respect of the annual reporting period and states whether the information contained in the declaration under that paragraph is accurate.

(3) This paragraph does not apply in respect of an annual reporting period that is reduced to less than 3 months as a result of the Authority specifying a date for the purpose of paragraph 6.

Reporting periods

6.—(1) In this Part—

(a) a quarterly reporting period in respect of an AD installation is each consecutive 3 month period; and

(b) an annual reporting period in respect of an AD installation is each consecutive 12 month period,

with the first day of each period commencing on the AD reporting start date.

(2) The Authority may reduce either a quarterly or an annual reporting period if it considers it appropriate to do so, but must ensure that each reporting period begins immediately on the ending of the previous reporting period.

(1)

2010 c. 4.

(2)

International Standard on Assurance Engagements (ISAE) 3000 (Revised): Assurance Engagements other than Audits or Reviews of Historical Financial Information, published on 9th December 2013 by the International Federation of Accountants. Copies are available at www.ifac.org or in hard copy on request from the Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London, SW1H 0ET.