The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018

Amendment of article 3

8.—(1) Article 3 (definitions of fuels and fuel products)(1) is amended as follows.

(2)   After paragraph (1), insert—

“(1A) “Aviation gasoline” means “aviation gasoline” within the meaning given in section 1(3D) of the 1979 Act(2) which meets one of the following standards—

(a) ASTM International standard D910 (as revised or re-issued from time to time)(3);

(b) Ministry of Defence standard 91-90 (as revised or re-issued from time to time)(4); or

(c) a standard that is equivalent to either of the standards mentioned in sub-paragraphs (a) and (b).

(1B) “Aviation turbine fuel” means fuel—

(a) which consists of heavy oil;

(b) of which more than 50 per cent by volume distils at a temperature of 240 degrees centigrade;

(c) which is to be used as fuel for aircraft; and

(d) which meets one of the following standards—

(i) ASTM International standard D1655 (as revised or re-issued from time to time)(5);

(ii) Ministry of Defence standard 91-91 (as revised or re-issued from time to time)(6); or

(iii) a standard that is equivalent to either of the standards mentioned in paragraphs (i) and (ii).”.

(3) After paragraph (2B), insert—

“(2C) “Development fuel” means a renewable transport fuel which consists of—

(a) biofuel which—

(i) is eligible for the issue of an additional RTF certificate under article 17A(3) to (5);

(ii) is not made from segregated oils or segregated fats, including used cooking oils and tallow; and

(iii) consists of a type of renewable transport fuel specified in paragraph (2D); or

(b) RFNBO which consists of a type of renewable transport fuel specified in paragraph (2D).

(2D) For the purposes of paragraph (2C), the specified types of renewable transport fuel are—

(a) aviation gasoline;

(b) aviation turbine fuel;

(c) hydrogen;

(d) substitute natural gas;

(e) fuel that can be blended and have a renewable fraction at rates of at least 25% by volume in the final blend, whilst still meeting the applicable fuel standards listed in BS EN: 228 (for petrol, as revised or re-issued from time to time) or BS EN: 590 (for diesel, as revised or re-issued from time to time)(7).”.

(4)   In paragraph (5B), for sub-paragraph (a), substitute—

“(a) which is for use in non-road transports; and”.

(5)   For paragraph (10), substitute—

“(10) “Relevant fuel” means hydrocarbon oil or renewable hydrogen which—

(a) is or was owned by the supplier at the assessment time;

(b) is for use in aircraft, non-road transports or road vehicles; and

(c) falls within one of the following categories—

(i) petrol;

(ii) diesel;

(iii) gas oil;

(iv) renewable transport fuel,

but does not include detergents, cetane improvers, lubricity improvers, viscosity improvers, oxidation inhibitors, gum inhibitors, anti-corrosive preparations and similar substances intended for use as fuel additives.”.

(6) After paragraph (10A), insert—

“(10B) “RFNBO” means liquid or gaseous renewable fuel of non-biological origin—

(a) which is used in transport;

(b) the energy content of which comes from renewable sources other than biomass; and

(c) which is not made from—

(i) biofuels; or

(ii) a carbon source that has been generated for the purpose of converting it into a fuel for use in transport.

(10C) “Substitute natural gas” means renewable methane produced from the product of gasification or pyrolysis, where—

(a) “gasification” means the substoichiometric oxidation or steam reformation of a substance to produce a gaseous mixture containing at least two of the following—

(i) oxides of carbon;

(ii) methane;

(iii) hydrogen;

(b) “pyrolysis” means the thermal degradation of a substance in the absence of an oxidising agent (other than that which forms part of the substance itself) to produce char and at least one or both of gas and liquid.”.

(1)

Article 3 was amended by S.I. 2009/843, 2011/2937 and 2013/816.

(2)

Section 1(3D) of the 1979 Act was inserted by section 16 of, and Schedule 6 to, the Finance Act 2008 (c.9).

(3)

A copy of the relevant ASTM standard can be obtained from ASTM Headquarters, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959, USA (https://www.astm.org/CONTACT/index.html).

(4)

A copy of the relevant Ministry of Defence standard can be obtained from UK Defence Standardisation, Kentigern House, Room 1138, 65 Brown Street, Glasgow G2 8EX (email: [e-mail]).

(5)

See previous footnote for details of where to obtain a copy of the relevant ASTM standard.

(6)

See previous footnote for details of where to obtain a copy of the relevant Ministry of Defence standard.

(7)

Copies of the relevant BS EN standards can be obtained from: BSI, 389 Chiswick High Road, London W4 4AL (email: [e-mail]).