16.—(1) The criteria for issue of ROCs referred to in article 15 and issue of replacement ROCs referred to in article 20(4) are those detailed in paragraphs (2) to (10).
(2) The first criterion is that the Authority has previously confirmed in writing to the operator of the generating station to which the ROC relates that the generating station has been granted accreditation and the Authority has not since withdrawn that accreditation.
(3) The second criterion is that the Authority has been provided in writing with all the information listed in paragraph 2(b)(i) to (iii) of Schedule 2 together with any other information which it reasonably requires in order to assess whether the ROC should be issued and it is satisfied that such information is accurate and reliable.
(4) The third criterion is that the operator of the generating station has provided the Authority with a declaration (which the Authority shall be entitled to accept as sufficient evidence of its contents, and which the operator need only provide once during every obligation period) applicable to the relevant electricity that—
(a)he has not made (or, where the declaration relates to electricity that he proposes to generate after the declaration is made, that he will not make) the electricity available to any person in circumstances such that the operator knows or has reason to believe that the consumption of the electricity has resulted (or, as the case may be, will result) in it not having been supplied by an electricity supplier to customers in Great Britain (or, in the case of a ROC certifying the matters within section 32B(2A) of the Act, by a Northern Ireland supplier to customers in Northern Ireland);
(b)he has not consumed (or, where the declaration relates to electricity that he proposes to generate after the declaration is made, that he will not consume) the electricity himself in such circumstances that its consumption has resulted (or, as the case may be, will result) in the electricity not having been supplied by an electricity supplier to customers in Great Britain (or, in the case of a ROC certifying the matters within section 32B(2A) of the Act, by a Northern Ireland supplier to customers in Northern Ireland); and
(c)he is not (and will not during the obligation period become) a person mentioned in article 6(2)(b) or (4)(b).
(5) The fourth criterion is that, where the electricity has been generated on land in Northern Ireland and supplied to customers in Great Britain, the operator of the generating station has provided the Authority with evidence of the following matters—
(a)the quantity, date and period of time (referred to in this paragraph as “the relevant period”) during the particular month when the electricity from eligible renewable sources was generated by the generating station;
(b)that such electricity was delivered by means of a transmission and distribution network in Northern Ireland from the generating station to an interconnector between Great Britain and Northern Ireland during each relevant period;
(c)that such electricity flowed across such interconnector to Great Britain during each relevant period;
(d)that no electricity flowed, or was claimed by a user of the interconnector or the interconnector operator to have flowed, across such interconnector in the opposite direction during each relevant period;
(e)that such interconnector was capable of conveying such quantity of electricity (together with any other electricity which was contracted to be conveyed) during each relevant period,
and the Authority is satisfied with such evidence.
(6) The fifth criterion is that, where the electricity was not generated on land in Great Britain or in Northern Ireland and was supplied to customers in Great Britain, the operator of the generating station has provided the Authority with evidence of the following matters—
(a)that at the time the electricity was generated the generating station was connected directly to a transmission and distribution network in Great Britain and electricity generated by that generating station could not have been conveyed to Great Britain via an interconnector; or
(b)that at the time the electricity was generated the generating station was connected directly to a transmission and distribution network in Northern Ireland, that it was not connected directly to any other transmission and distribution network and of those matters listed in paragraph (5)(a) to (e);
and the Authority is satisfied with such evidence.
(7) The sixth criterion is that, in the case of a ROC certifying the matters within section 32B(2A) of the Act and which relates to electricity which was generated by a generating station which, at the time the electricity was generated, was not directly and exclusively connected to a transmission or distribution network in Northern Ireland, the operator of the generating station has provided the Authority with evidence of the following matters—
(a)the quantity, date and period of time (referred to in this paragraph as “the relevant period”) during the particular month when the electricity from eligible renewable sources was generated by the generating station;
(b)that such electricity was delivered by means of a transmission and distribution network in Great Britain from the generating station to an interconnector between Great Britain and Northern Ireland during each relevant period;
(c)that such electricity flowed across such interconnector to Northern Ireland during each relevant period;
(d)that no electricity flowed, or was claimed by a user of the interconnector or the interconnector operator to have flowed, across such interconnector in the opposite direction during each relevant period;
(e)that such interconnector was capable of conveying such quantity of electricity (together with any other electricity which was contracted to be conveyed) during each relevant period,
and the Authority is satisfied with such evidence.
(8) The seventh criterion is that, in the case of a ROC certifying the matters within section 32B(2A) of the Act which relates to electricity which was generated by a generating station which, at the time the electricity was generated, was directly and exclusively connected to a transmission or distribution network in Northern Ireland, the operator of the generating station has provided the Authority with evidence of the quantity, date and period of time during the particular month when the electricity from eligible renewable sources was generated by the generating station, and the Authority is satisfied with such evidence.
(9) The eighth criterion is that ROCs in respect of the relevant electricity generated by the generating station in the particular month have not already been issued.
(10) The ninth criterion is that the Authority is not prohibited from issuing a ROC on any of the grounds set out in article 17(2) and has not refused to issue a ROC on any of the grounds set out in article 17(3).
Commencement Information
I1Art. 16 in force at 1.4.2006, see art. 1(1)