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The Renewable Transport Fuel Obligations Order 2007

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Article 2

[F1SCHEDULEU.K.SUSTAINABILITY CRITERIA

This schedule has no associated Explanatory Memorandum

Textual Amendments

InterpretationU.K.

1.  In this Schedule—

“chain of installations” means, in respect of any consignment of renewable transport fuel, all of the processing installations the use of which leads to a material modification from any of the relevant feedstock to the finished fuel. It does not include installations solely used for the collection, transportation or storage of the feedstocks;

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“GHG” means greenhouse gas;

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“nature protection area” means an area which is designated by law or the relevant competent authority for nature protection purposes;

“new chain of installations” means a chain of installations in respect of which production of renewable transport fuel in one or more of the installations [F5began after 5th October 2015];

“old chain of installations” means a chain of installations in respect of which production of renewable transport fuel in at least one of the installations was taking place on [F6or before 5th October 2015];

“primary forest” means forest and other wooded land of native species where, at any point in time in or after January 2008, there has been no clearly visible indication of human activity and the ecological processes have not been significantly disturbed;

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“relevant forest” means land spanning more than one hectare with trees higher than five metres and a canopy cover of between 10% and 30% or trees able to reach those thresholds in situ;

“relevant land” means the land from which the relevant raw material was obtained;

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“relevant raw material” means the raw material from which the renewable transport fuel was produced;

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and subject to these, expressions which are also used in the directive have the same meaning which they bear in that directive.

Textual Amendments

Compliance with the sustainability criteriaU.K.

2.—(1) Subject to sub-paragraph (2), an amount of renewable transport fuel meets the sustainability criteria if—

(a)it meets the GHG emission saving threshold established in accordance with paragraph 3; and

(b)all relevant feedstocks from which it was produced meet the land criteria referred to in paragraph 7.

[F11(2) An amount of renewable transport fuel which—

(a)is produced from residues (including processing residues) which are not residues from agriculture, aquaculture, fisheries or forestry;

(b)is produced from wastes which are not residues from agriculture, aquaculture, fisheries or forestry; or

(c)consists of RFNBO;

meets the sustainability criteria if it meets the GHG emission saving threshold, whether or not it meets the land criteria.]

Textual Amendments

Greenhouse gas emission saving thresholdU.K.

3.—(1) Subject to sub-paragraph (2), an amount of renewable transport fuel meets the GHG emission saving threshold if the GHG emission saving from its use is equal to or greater than the minimum GHG emission saving applicable to that fuel as specified in paragraph 4.

(2) If the renewable transport fuel is produced partly from raw materials other than sustainable feedstocks, the minimum GHG emission saving for the purposes of this Schedule applies only to the volume of that fuel whichF12...—

(a)[F13is] attributable to sustainable feedstocks; F14...

[F15(b)is produced from residues (including processing residues) which are not residues from agriculture, aquaculture, fisheries or forestry;

(c)is produced from wastes which are not residues from agriculture, aquaculture, fisheries or forestry; or

(d)consists of RFNBO.]

(3) The GHG emission saving from the use of an amount of renewable transport fuel [F16of a type falling within sub-paragraph (2)] is the greater of—

(a)where applicable, the default value determined in accordance with paragraph 5; and

(b)the actual value determined in accordance with paragraph 6.

[F17(4) The GHG emission saving from the use of an amount of renewable transport fuel which consists of RFNBO is determined by reference to any guidance produced by the Administrator under article 15(2)(b).]

Textual Amendments

Minimum emission savingU.K.

[F184.  For the purposes of this Schedule, the “minimum GHG emission saving”, in relation to renewable transport fuel supplied at, or for delivery to, places in the United Kingdom, is—

(a)if the fuel is produced in an old chain of installations, 50%;

(b)if the fuel is produced in a new chain of installations, 60%.]

Textual Amendments

Default valueU.K.

5.—(1) The default value referred to in paragraph 3(3)(a) is determined as follows.

[F19(2) If a value is specified in parts A and B of Annex V to the directive for a default GHG emission saving for a relevant biofuel production pathway, the default value is equal to that specified value if the emissions from land-use change are equal to or less than zero, where—

“relevant biofuel production pathway” means the biofuel production pathway (set out in parts A and B of Annex V to the directive) applicable to the renewable transport fuel in question or, where that renewable transport fuel is partially renewable transport fuel, the biofuel production pathway applicable to the part of that renewable transport fuel which is derived from relevant feedstock; and

“emissions from land-use change” means the annualised emissions from land-use change attributable to the renewable transport fuel as calculated in accordance with paragraph 7 of part C of Annex V to the directive.]

F20(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Otherwise an actual value determined in accordance with paragraph 6 must be used.

Textual Amendments

Actual valueU.K.

6.—(1) The actual value referred to in paragraph 3(3)(b) is determined as follows.

(2) The actual value is the percentage GHG emission saving from the use of the renewable transport fuel which percentage is obtained by multiplying the result of the calculation set out at paragraph 4 of part C of Annex V to the directive by 100.

(3) Where in parts D and E of Annex V to the directive a default GHG emissions value is specified in respect of a variable in the formula set out in paragraph 1 of part C of Annex V to the directive, that GHG emissions value may be used in determining the GHG emission saving from the use of the renewable transport fuel for the purposes of sub-paragraph (2).

F21(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Land criteriaU.K.

7.  A relevant feedstock meets the land criteria if—

(a)it was not obtained from land falling within any of the categories specified in paragraph 8(1); or

(b)the exception set out in paragraph 9 applies.

8.—(1) The categories referred to in paragraph 7(a) are—

(a)primary forest,

(b)nature protection areas,

(c)land which was formerly wetland or forest,

(d)land which was peatland at any time in January 2008,

[F22(e)land which is natural highly biodiverse grassland, or which has been natural highly biodiverse grassland at any time after December 2007.]

(2) For the purposes of sub-paragraph (1)(c), land shall formerly have been wetland or forest if it—

(a)fell within a category specified in sub-paragraph (3) at any time in January 2008; and

(b)did not fall within that category when the raw material was obtained from it.

(3) The categories referred to in sub-paragraph (2)(a) are—

(a)land that is covered with or saturated by water permanently or for a significant part of the year;

(b)land spanning more than one hectare with trees higher than five metres and a canopy cover of more than 10% or trees able to reach those thresholds in situ.

Textual Amendments

9.—(1) The exception referred to in paragraph 7(b) applies if—

[F23(a)the relevant land is not—

(i)primary forest;

(ii)land that is covered with, or saturated by, water permanently or for a significant part of the year;

(iii)land spanning more than one hectare with trees higher than five metres and a canopy cover of more than 30%, or trees able to reach those thresholds in situ;]

(b)the relevant land falls within one or more of the categories specified in sub-paragraph (2);

(c)the evidence specified in sub-paragraph (3) is provided to the Administrator in respect of each of those categories within which the relevant land falls; and

(d)any requirement imposed under sub-paragraph (4) in respect of the provision of that evidence is complied with.

(2) The categories referred to in sub-paragraph (1)(b) are—

(a)nature protection areas;

(b)relevant forest;

(c)land that was peatland at any time in January 2008;

[F24(d)land which is non-natural highly biodiverse grassland, or which has been non-natural highly biodiverse grassland at any time after December 2007.]

(3) The evidence referred to in sub-paragraph (1)(c) is—

(a)in respect of land within a nature protection area, evidence that the production of the relevant raw material did not interfere with the [F25purposes, if any, for which the relevant land was designated as a nature protection area];

(b)in respect of relevant forest, evidence that the GHG emission saving from the use of the renewable transport fuel, as calculated in accordance with part C of Annex V to the directive, is equal to or greater than the minimum GHG emission saving applicable to the fuel at the time when it is used, as set out in paragraph 4; F26...

(c)in respect of land which was peatland at any time in January 2008, evidence that the cultivation and harvesting of the relevant raw material did not involve the drainage of previously undrained soil[F27; and]

[F28(d)in relation to land that is non-natural highly biodiverse grassland, or which has been non-natural highly biodiverse grassland at any time after December 2007, evidence that the harvesting of the raw material is necessary to preserve its status as grassland.]

(4) The Administrator may impose requirements as to—

(a)the form in which the evidence referred to in sub-paragraph (1)(c) must be provided;

(b)the methodology to be used in compiling and providing that evidence; and

(c)the period within which that evidence must be provided.

[F29(5) “Natural highly biodiverse grassland” and “non-natural highly biodiverse grassland” have the meanings given in Commission Regulation (EU) No 1307/2014 of 8 December 2014 on defining the criteria and geographic ranges of highly biodiverse grassland for the purposes of Article 7b(3)(c) of 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. (also see Article 17(3)(c) of the directive).]]

Textual Amendments

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