The Renewable Transport Fuel Obligations (Amendment) Order 2021

Amendment of article 2

5.  In article 2(1)—

(a) for the definition of “additional sustainability information” substitute—

““additional sustainability information” means the information specified in the guidance published by the Administrator under article 15(1)(m);”;

(b) in the definition of “assessment time”—

(i) in sub-paragraph (b), for “is it sold to a retail” substitute “it is sold to a”;

(ii) in sub-paragraph (c), after “transport fuel” insert “, not falling within sub-paragraph (b),”;

(iii) in sub-paragraph (d), for “(b) or (c)” substitute “(b), (c) or (e)”;

(iv) after sub-paragraph (d) insert—

“(e) in relation to a maritime RFNBO, the time at which the RFNBO is dispensed for use in a ship;”;

(c) for the definition of “the directive” substitute—

““forest biomass” means biomass produced from forestry;

“forest criteria” means the criteria set out in Schedule 3;

“GHG” means greenhouse gas;”;

(d) after the definition of “issue of an additional RTF certificate” insert—

““land criteria” means the criteria set out in Schedule 2;”

(e) in the definition of “non-road transports”, after sub-paragraph (d) insert—

“(e) any train not falling within sub-paragraph (a);

(f) any mode of transport that would fall within sub-paragraph (a) but for the fact it is not fitted with an engine within a category set out in paragraph 1 of Article 4 of Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery;”(1);

(f) in the definition of “relevant crops”, for “feedstocks listed in Annex IX of the directive” substitute “dedicated energy crops”;

(g) for the definition of “renewable energy obligation” substitute—

““renewable energy obligation” means a scheme, including a scheme under which such requirements may be fulfilled by using RTF certificates or certificates equivalent to RTF certificates, requiring—

(a)

energy producers to include a given share of energy from renewable sources in their production;

(b)

energy suppliers to include a given share of energy from renewable sources in their supply; or

(c)

energy consumers to include a given share of energy from renewable sources in their consumption;”;

(h) after the definition of “RTF account” insert—

““ship” includes every description of vessel used in navigation, other than non-road transports;

“soil carbon criteria” means the criteria in paragraph 2(2) of Schedule 1;

“support scheme” means any instrument, scheme or mechanism applied by an EEA state, a group of EEA states or the United Kingdom, that promotes the use of energy from renewable sources by—

(a)

reducing the cost of that energy;

(b)

increasing the price at which that energy can be sold; or

(c)

increasing, by means of a renewable energy obligation or otherwise, the volume of such energy purchased,

and for this purpose “instrument, scheme or mechanism” includes investment aid, tax exemptions or reductions, tax refunds, renewable energy obligations, and direct price schemes including feed-in tariffs and sliding or fixed premium payments;;”;

(i) in the definition of “sustainability criteria”, for “the Schedule” substitute “Schedule 1”;

(j) for the definition of “sustainable feedstock” substitute—

““sustainable feedstock” means a relevant feedstock, which—

(a)

to the extent that it consists of material other than forest biomass, residues from agriculture or wastes from agriculture, meets the land criteria;

(b)

to the extent that it consists of forest biomass, meets the forest criteria;

(c)

to the extent that it consists of residues from agriculture or wastes from agriculture, meets the land criteria and the soil carbon criteria;”.

(1)

EUR 2016/1628, amended by S.I. 2019/648.