The Renewables Obligation Order 2015

Article 2(1)

SCHEDULE 1 E+W GREENHOUSE GAS CRITERIA FOR BIOLIQUID

Interpretation E+W

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; ...

F1 ...

“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

[F2 “relevant percentage” means—

(a)

in relation to bioliquid produced by an installation that started producing liquid fuel from biomaterial before 6th October 2015—

(i)

35% in the case of bioliquid used to generate electricity before 1st January 2017;

(ii)

50% in the case of bioliquid used to generate electricity on or after 1st January 2017;

(b)

in relation to bioliquid produced by an installation that started producing liquid fuel from biomaterial on or after 6th October 2015—

(i)

35% in the case of bioliquid used to generate electricity before 1st January 2017;

(ii)

50% in the case of bioliquid used to generate electricity on or after 1st January 2017 but before 1st January 2018;

(iii)

60% in the case of bioliquid used to generate electricity on or after 1st January 2018.]

Textual Amendments

F1 Words in Sch. 1 para. 1 omitted (1.1.2018) by virtue of The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 5(2)(a)

F2 Words in Sch. 1 para. 1 substituted (1.1.2018) by The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 5(2)(b)

The greenhouse gas criteria E+W

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 E+W

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. E+W

F3 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F3 Sch. 1 para. 5 omitted (1.1.2018) by virtue of The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 5(3)

[F4 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 DirectiveM1 unless, in relation to the bioliquid, the result of the calculation in paragraph 7 of Part C of that Annex is equal to, or less than, zero.] E+W

Textual Amendments

F4 Sch. 1 para. 6 substituted (1.1.2018) by The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 5(4)

Marginal Citations

M1 Directive 2009/28/EC of the European Parliament and of the Council of 23rd April 2009 on the promotion of the use of energy from renewable sources, O.J. No. L 140, 5.6.2009, p.16. The Directive was amended by Council Directive 2013/18/EU of 13th May 2013 adapting Directive 2009/28/EU of the European Parliament and of the Council on the promotion of the use of energy from renewable sources, by reason of the accession of the Republic of Croatia, O.J. No. L 158, 10.6.2013, p.230, and by Directive (EU) 2015/1513 of the European Parliament and of the Council of 9th September 2015 amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 2009/28/EC on the promotion of the use of energy from renewable sources, O.J. No. L 239, 15.9.2015, p.1. The definition of “Renewables Directive” (i.e., Directive 2009/28/EC) in article 2(1) of the Renewables Obligation Order 2015 provides that in certain provisions (including Schedule 1) references to Annex 5 to the Directive are to Annex 5 as amended from time to time.