The Renewable Transport Fuel Obligations Order 2007

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art. 5(2A)(a) word omitted by S.I. 2024/1187 art. 30

Determinations of amounts of transport fuelU.K.

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5.—[F1(1) Where, in relation to an amount of transport fuel, it is shown that a person owns the fuel at the [F2assessment time], it is to be presumed—

(a)that that amount of fuel is supplied by that person at or for delivery to places in the United Kingdom at that time; and

[F3(b)that such of that fuel as is petrol, diesel, low sulphur gas oil or renewable transport fuel is, or was, relevant fuel.]

(1A) The presumption in paragraph (1)(a) is to be displaced only if the Administrator is satisfied that the fuel will not be supplied at or for delivery to places in the United Kingdom.

(1B) The presumption in paragraph (1)(b) is to be displaced only if the Administrator is satisfied that the fuel is not [F4relevant fuel].]

F5(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(2A) In relation to fuel [F7at its assessment time], an amount of renewable transport fuel only counts towards the discharging of a person’s renewable transport fuel obligation for an obligation period if—

[F8(a)it is for use in aircraft, non-road transports or road vehicles [F9, or is a maritime RFNBO]; and]

(b)it meets the sustainability criteria, F10...

F11(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F12(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14(4A) For the purpose of discharging a person’s renewable fuel transport obligation or of issuing RTF certificates, the volume of an amount of renewable transport fuel is deemed to be the notional volume determined in accordance with the following formula—

where—

RN is the notional volume;

RA is the total volume of renewable transport fuel which was, during the obligation period—

(a)

owned by the supplier at the assessment time; and

(b)

supplied at, or for delivery to, places in the United Kingdom;

RF is the percentage of RA which is attributable to relevant feedstock;

D is the volume of RA which is eligible for the issue of an additional RTF certificate (see article 17A);

S is the volume of RA which meets the sustainability criteria;

T is the volume of RA which is attributable to relevant feedstock.]

[F15(4B) For the purposes of paragraph (4A)—

(a)to the extent that the renewable transport fuel is F16...ethyl-tertiary-butyl-ether, [F17RF] is deemed to be 47% in respect of that portion of the renewable transport fuel;

(b)to the extent that the renewable transport fuel is F18...methyl-tertiary-butyl-ether, [F17RF] is deemed to be 36% in respect of that portion of the renewable transport fuel; F19...

(c)to the extent that the renewable transport fuel is fatty-acid-methyl-ester derived from relevant feedstocks and methanol derived from fossil fuel, [F17RF] is deemed to be 100% in respect of that portion of the renewable transport fuel; F20...

[F21(d)to the extent that the renewable transport fuel is hydrotreated vegetable oil derived from relevant feedstocks and thermochemically treated with hydrogen derived from a non-biological origin, [F17RF] is deemed to be 100% in respect of that portion of the renewable transport fuel]; [F22and]

[F23(e)to the extent that the renewable transport fuel consists of RFNBO—

(i)where the process energy used to produce the RFNBO is electricity that is entirely taken from the national electricity grid of the country in which the RFNBO is or was produced, RF is deemed to be the annual average percentage of electricity for that country’s national grid which is produced from renewable sources other than biomass; or

(ii)if the Administrator considers that it is not appropriate to use the methodology in paragraph (i) to determine the value for RF, RF is to be determined in accordance with such other methodology as the Administrator may consider appropriate in a particular case,

in respect of that portion of the renewable transport fuel.]]

[F24(5) For the purposes of this article—

(a)except where sub-paragraph (b), (c) [F25, (d) or (e)] applies, one kilogram of gaseous renewable transport fuel must be treated as equivalent to one litre of liquid renewable transport fuel;

(b)where the gaseous renewable transport fuel is renewable methane, including substitute natural gas, one kilogram of that fuel must be treated as equivalent to 1.90 litres of liquid renewable transport fuel;

(c)where the gaseous renewable transport fuel is renewable butane, renewable propane or a combination of renewable butane and renewable propane, one kilogram of that fuel must be treated as equivalent to 1.75 litres of liquid renewable transport fuel;

(d)where the gaseous renewable transport fuel is renewable hydrogen, one kilogram of that fuel must be treated as equivalent to 4.58 litres of liquid renewable transport fuel;

[F26(e)where the renewable transport fuel is a maritime RFNBO in the form of ammonia, one kilogram of that fuel must be treated as equivalent to 0.66 litres of liquid renewable transport fuel;

(f)where the renewable transport fuel is a maritime RFNBO in the form of methanol, one litre of that fuel must be treated as equivalent to 0.70 litres of liquid renewable transport fuel.]]

[F27(6) Where fossil fuel is blended with other fuel, the fossil fuel element of the blend is to be disregarded for the purposes of—

(a)the definitions of “partially renewable [F28transport] fuel” and “wholly renewable transport fuel” in article 3(7A) and (11);

(b)calculating the notional volume of an amount of renewable transport fuel in accordance with paragraph (4A); and

(c)determining whether an amount of renewable transport fuel meets the sustainability criteria.]

Textual Amendments

F1Art. 5(1)-(1B) substituted for art. 5(1) (15.4.2013) by The Renewable Transport Fuel Obligations (Amendment) Order 2013 (S.I. 2013/816), arts. 1(2), 9

F2Words in art. 5(1) substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 11(2)(a)

F3Art. 5(1)(b) substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 11(2)(b)

F4Words in art. 5(1B) substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 11(3)

F5Art. 5(2) omitted (15.4.2018) by virtue of The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 11(4)

F6Art. 5(2)(2A) substituted for art. 5(2) (15.4.2013) by The Renewable Transport Fuel Obligations (Amendment) Order 2013 (S.I. 2013/816), arts. 1(2), 10

F7Words in art. 5(2A) substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 11(5)(a)