The Renewable Transport Fuel Obligations Order 2007

Application for RTF certificates U.K.

16.—(1) The manner in which an application for an RTF certificate is to be made is—

(a) in electronic form, through a website of the Administrator, or

(b) in another manner, in a case where the Administrator determines that it is necessary to allow an application in that manner.

(2) The evidence which must be included in the application is—

[F1 (a) a declaration from an individual nominated by the transport fuel supplier which confirms that—

(i) the information submitted in the application and referred to in paragraph (3)(b) F2 ... is accurate;

[F3 (ii) the renewable transport fuel, or a chemical precursor to it, has not already been, and will not be, counted under a support scheme, or a United Kingdom renewable energy obligation other than the renewable transport fuel obligation of the supplier (but see paragraph (6)); and]]

(b) such other evidence as the Administrator may reasonably determine is necessary, and in such form as the Administrator may reasonably determine is appropriate, in order to substantiate the information provided by the supplier in relation to the renewable transport fuel.

(3) For the purposes of section 127(3)(c) of the 2004 Act, the other conditions which must be satisfied for the issue of an RTF certificate are that—

(a) the supplier has an RTF account;

[F4 (b) the supplier has provided the Administrator with the information required by the Administrator pursuant to article 12(1)(a) [F5 and (c)];]

[F6 (c) the supplier has provided the Administrator with a verifier’s assurance report in respect of information relating to the compliance of the renewable transport fuel with the sustainability criteria which has been submitted in the application or is contained in the information referred to in sub-paragraph (b);]

F7 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) the Administrator is satisfied [F8 so far as is reasonably practicable] that the information provided by the supplier under [F9 sub-paragraph (b)] fulfils the criteria set out in paragraph (5),

[F10 (ea) the Administrator is satisfied that the renewable transport fuel, or a chemical precursor to it, has not already been, and will not be, counted under a support scheme, or a United Kingdom renewable energy obligation other than the renewable transport fuel obligation of the supplier (but see paragraph (6));]

(f) any duty of excise payable on the renewable transport fuel has been paid, and

[F11 (g) the supplier makes the application for the RTF certificate—

(i) in respect of an obligation period which ends on 14th April in a year, by 12th August of that year (or the next working day after 12th August, if 12th August is not a working day);

(ii) in respect of an obligation period which ends on 31st December in a year, by 12th May of the following year (or the next working day after 12th May, if 12th May is not a working day),

or such later date as the Administrator may notify to the supplier for the purposes of this sub-paragraph; and

(h) the Administrator is satisfied that, at the assessment time, the supplier owns or owned the fuel in respect of which the application for an RTF certificate is made.]

[F12 (3A) For the purposes of this article, “the renewable transport fuel” is the renewable transport fuel in respect of which the RTF certificate has been applied for.]

(4) The person who makes the declaration referred to in paragraph (2)(a) must ensure that the information submitted in the application is accurate F13 ....

(5) The criteria referred to in paragraph (3)(e) are that the information—

(a) is accurate, and

(b) has been provided—

(i) in such form,

(ii) using such methodology, and

(iii) within such period,

as the Administrator notifies for the purposes of article 12(3) or 13(2), as the case may be, or failing such notification, as the Administrator notifies for the purposes of this paragraph.

[F14 (6) Nothing in paragraphs (2)(a)(ii) or (3)(ea) applies to support schemes in the form of—

(a) investment aid benefitting the production plant in which the renewable transport fuel was produced, whether situated in the United Kingdom or elsewhere; or

(b) the reduction in any duty payable in the United Kingdom under the 1979 Act.]

Textual Amendments

F1 Art. 16(2)(a) substituted (15.12.2011) by The Renewable Transport Fuel Obligations (Amendment) Order 2011 (S.I. 2011/2937), arts. 1, 13(1)

F2 Words in art. 16(2)(a)(i) omitted (15.4.2018) by virtue of The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 15(2)

F3 Art. 16(2)(a)(ii) substituted (1.1.2022) by The Renewable Transport Fuel Obligations (Amendment) Order 2021 (S.I. 2021/1420), arts. 1, 10(2) (with art. 16)

F4 Art. 16(3)(b) substituted (15.12.2011) by The Renewable Transport Fuel Obligations (Amendment) Order 2011 (S.I. 2011/2937), arts. 1, 13(2)

F5 Words in art. 16(3)(b) inserted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 15(4)(a)

F6 Art. 16(3)(c) substituted (15.12.2011) by The Renewable Transport Fuel Obligations (Amendment) Order 2011 (S.I. 2011/2937), arts. 1, 13(3)

F7 Art. 16(3)(d) omitted (15.4.2015) by virtue of The Renewable Transport Fuel Obligations (Amendment) Order 2015 (S.I. 2015/534), arts. 1, 7(a)

F8 Words in art. 16(3)(e) inserted (15.12.2011) by The Renewable Transport Fuel Obligations (Amendment) Order 2011 (S.I. 2011/2937), arts. 1, 13(4)(a)

F9 Words in art. 16(3)(e) substituted (15.4.2015) by The Renewable Transport Fuel Obligations (Amendment) Order 2015 (S.I. 2015/534), arts. 1, 7(b)

F10 Art. 16(3)(ea) substituted (1.1.2022) by The Renewable Transport Fuel Obligations (Amendment) Order 2021 (S.I. 2021/1420), arts. 1, 10(3) (with art. 16)

F11 Art. 16(3)(g)(h) substituted for art. 16(3)(g) (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 15(4)(c)

F12 Art. 16(3A) inserted (15.12.2011) by The Renewable Transport Fuel Obligations (Amendment) Order 2011 (S.I. 2011/2937), arts. 1, 13(7)

F13 Words in art. 16(4) omitted (15.12.2011) by virtue of The Renewable Transport Fuel Obligations (Amendment) Order 2011 (S.I. 2011/2937), arts. 1, 13(8)

F14 Art. 16(6) inserted (1.1.2022) by The Renewable Transport Fuel Obligations (Amendment) Order 2021 (S.I. 2021/1420), arts. 1, 10(4) (with art. 16)