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The Renewable Transport Fuel Obligations Order 2007

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PART 4U.K.RTF CERTIFICATES

Application for RTF certificatesU.K.

16.—(1) The manner in which an application for an RTF certificate is to be made is—

(a)in electronic form, through a website of the Administrator, or

(b)in another manner, in a case where the Administrator determines that it is necessary to allow an application in that manner.

(2) The evidence which must be included in the application is—

[F1(a)a declaration from an individual nominated by the transport fuel supplier which confirms that—

(i)the information submitted in the application and referred to in paragraph (3)(b) and (d) is accurate;

(ii)the renewable transport fuel has not already been, and will not be, counted under the support scheme of another EEA state within the meaning of article 2(k) of the directive, or a UK renewable energy obligation other than the renewable transport fuel obligation of the supplier; and]

(b)such other evidence as the Administrator may reasonably determine is necessary, and in such form as the Administrator may reasonably determine is appropriate, in order to substantiate the information provided by the supplier in relation to the renewable transport fuel.

(3) For the purposes of section 127(3)(c) of the 2004 Act, the other conditions which must be satisfied for the issue of an RTF certificate are that—

(a)the supplier has an RTF account;

[F2(b)the supplier has provided the Administrator with the information required by the Administrator pursuant to article 12(1)(a);]

[F3(c)the supplier has provided the Administrator with a verifier’s assurance report in respect of information relating to the compliance of the renewable transport fuel with the sustainability criteria which has been submitted in the application or is contained in the information referred to in sub-paragraph (b);]

(d)the supplier (whether obligated or non-obligated) has provided the Administrator with the information referred to in article 13(4); and has provided that information in relation to such period during an obligation period as the Administrator notifies to the supplier for the purposes of article 13(4), or failing such notification, to such period during an obligation period as the Administrator notifies to the supplier for the purposes of this sub-paragraph;

(e)the Administrator is satisfied [F4so far as is reasonably practicable] that the information provided by the supplier under sub-paragraphs [F5(b) and (d)] fulfils the criteria set out in paragraph (5),

[F6(ea)the Administrator is satisfied that the renewable transport fuel has not already been, and will not be, counted under the support scheme of another EEA state within the meaning of article 2(k) of the directive, or a UK renewable energy obligation other than the renewable transport fuel obligation of the supplier;]

(f)any duty of excise payable on the renewable transport fuel has been paid, and

[F7(g)the supplier makes the application for the RTF certificate by the 12th August immediately following the obligation period during which the renewable transport fuel was supplied, or such later date as the Administrator may notify to the supplier for the purposes of this sub-paragraph.]

[F8(3A) For the purposes of this article, “the renewable transport fuel” is the renewable transport fuel in respect of which the RTF certificate has been applied for.]

(4) The person who makes the declaration referred to in paragraph (2)(a) must ensure that the information submitted in the application is accurate F9....

(5) The criteria referred to in paragraph (3)(e) are that the information—

(a)is accurate, and

(b)has been provided—

(i)in such form,

(ii)using such methodology, and

(iii)within such period,

as the Administrator notifies for the purposes of article 12(3) or 13(2), as the case may be, or failing such notification, as the Administrator notifies for the purposes of this paragraph.

Textual Amendments

[F10Verifier’s assurance procedures and reportsU.K.

16A.—(1) A verifier’s assurance report must—

(a)confirm that the assurance procedures used in the preparation of the report—

(i)met the requirements in respect of limited assurance engagements prescribed in ISAE 3000, or an equivalent standard; and

(ii)were undertaken by a person with appropriate expertise who is not the supplier or a connected person of the supplier;

(b)be prepared by a person with appropriate expertise who is not the supplier or a connected person of the supplier and in accordance with the requirements in respect of limited assurance engagements prescribed in ISAE 3000, or an equivalent standard;

(c)consider whether the relevant systems used to collate and report information relating to the compliance of renewable transport fuel with the sustainability criteria are likely to produce relevant data which is reasonably accurate and reliable and whether there are controls in place to help protect against material misstatements due to fraud or error;

(d)where the verifier intends to use as evidence work performed by the supplier or another party, consider the frequency and methodology of sampling used by that party and the robustness of the relevant data; and

(e)state whether anything has come to the verifier’s attention to indicate that—

(i)the relevant data has not been prepared in accordance with any guidance produced by the Administrator under article 15(2)(b); and

(ii)the information provided by the supplier under article 12 or 13 in respect of the renewable transport fuel covered by the application is not accurate.

(2) In paragraph (1)—

“relevant data” means—

(a)

the information referred to in paragraph (1)(c); and

(b)

any other information or data on which that information is based;

“relevant systems” means the systems by which the relevant data were produced;

“sampling” means sampling for the purposes of obtaining or checking the relevant data.

Textual Amendments

Annual verifier’s report on additional sustainability informationU.K.

16B.—(1) A transport fuel supplier which has made an application for RTF certificates in respect of renewable transport fuel supplied during an obligation period must submit a report which meets the requirements of paragraph (1) of article 16A as modified in accordance with paragraph (2).

(2) For the purposes of paragraph (1), article 16A is to have effect as if, in paragraph (1)(c), for “information relating to the compliance of renewable transport fuel with the sustainability criteria” there were substituted “additional sustainability information”.

(3) The report referred to in paragraph (1) must be submitted to the Administrator by the 12th August immediately following that obligation period or such later date as the Administrator may notify to the supplier for the purposes of this paragraph.

(4) A report submitted under paragraph (1) need not confirm matters already confirmed by a verifier’s assurance report submitted to the Administrator.]

Textual Amendments

Issue of RTF certificatesU.K.

17.—[F11(1) Where each of the requirements in article 16(1) to (3) has been met, the Administrator must issue an RTF certificate to a transport fuel supplier for each whole litre of the renewable transport fuel, as defined in article 16(3A), which—

(a)is for use as fuel in road vehicles,

(b)meets the sustainability criteria,

(c)is owned by the supplier at the time when the requirement to pay the duty of excise with which the fuel is chargeable takes effect, and

(d)is supplied by the supplier at or for delivery to places in the United Kingdom during an obligation period.]

[F12(1A) For the purposes of paragraph (1) the volume of an amount of renewable transport fuel is deemed to be the notional volume of that fuel determined in accordance with article 5(4A).]

(2) An RTF certificate must be issued as soon as reasonably practicable after an application for it has been made in accordance with article 16.

[F13(3) For the purposes of section 127(2)(d) of the 2004 Act, “the other specified facts” are—

(a)that the supplier has notified the Administrator of each of the matters listed in section 127(2)(a) to (c); and

(b)the greenhouse gas emission saving attributable to the use of the fuel stated in the certificate, described by reference to one of the following categories—

(i)Less than 35%;

(ii)Equal to or more than 35%, but less than 50%;

(iii)Equal to or more than 50%, but less than 60%;

(iv)Equal to or more than 60%.]

(4) For the purposes of this Order, the Administrator issues an RTF certificate to a supplier by recording the credit of an RTF certificate in the RTF account of the supplier.

(5) As soon as reasonably practicable after issuing an RTF certificate, the Administrator must notify the supplier of the issue of the certificate, and of the date and time of issue.

(6) As soon as reasonably practicable after receiving a request for the information from an account holder, the Administrator must inform the account holder of the number of RTF certificates (if any) held to the credit of that account holder's RTF account, and of the date and time of issue of those certificates.

Textual Amendments

Transfers of RTF certificatesU.K.

18.—(1) A transfer of an RTF certificate may be made between any persons who are account holders.

(2) Such a transfer is not effective unless—

(a)the transferor notifies the Administrator of the following details of the transfer—

(i)the name and account number of the account holder to whom the certificate is transferred,

(ii)the date of the transfer (“the notified date”), and

(iii)the obligation period in respect of which the certificate was issued;

(b)the transferor so notifies the Administrator—

(i)through a website of the Administrator, or

(ii)in another manner, in a case where the Administrator determines that it is necessary to allow notification in that manner;

(c)the transferor so notifies the Administrator—

(i)on the date of the transfer, or

(ii)before the date of the transfer, in which case the notification must be within the period of one month ending immediately before the date of the transfer;

(d)the transfer relates to not more than one transferee;

(e)the RTF certificate is held to the credit of the transferor's account at the date and time of the transfer, and

(f)the Administrator is satisfied that, at the date of the transfer, there is no reason to consider the revocation of the certificate under article 20.

(3) Where—

(a)a transfer relates to some (but not all) of the RTF certificates held by a transferor on the date of the transfer, and

(b)the RTF certificates held by the transferor on that date were not all issued at the same date and time,

it is to be presumed, [F14unless the transferor notifies the Administrator otherwise at the same time as notifying the Administrator of the details of the transfer in accordance with paragraph (2)(a)], that the transfer relates to the certificates which were issued at the earlier dates and times.

(4) In the event of there being an insufficient number of certificates held to the credit of a transferor's account on the notified date to transfer certificates to two or more transferees, the Administrator must give priority to the transfer which was first notified to the Administrator.

(5) For the purposes of this Order, the Administrator transfers an RTF certificate from one account holder (“the transferor”) to another account holder (“the transferee”) by recording a debit of an RTF certificate in the transferor's RTF account and a credit of an RTF certificate in the RTF account of the transferee.

Textual Amendments

Use of an RTF certificate in a later obligation periodU.K.

[F1519.—(1) The production of an RTF certificate by a supplier to the Administrator may count as evidence that the amount of renewable transport fuel stated in the certificate was supplied at or for delivery to places in the United Kingdom during the obligation period immediately following the obligation period stated in the certificate (“the later period”) in any of the following circumstances—

(a)where the obligation period stated in the certificate is the obligation period beginning with 15th April 2010;

(b)where the obligation period stated in the certificate is the obligation period beginning with 15th April 2011, and—

(i)the certificate was issued in respect of fuel supplied before the day on which the 2011 Order comes into force;

(ii)the fuel would have met the sustainability criteria which would have applied had that fuel been supplied on the first day of the later period; and

(iii)the supplier has provided the Administrator with a verifier’s assurance report sufficient to satisfy the Administrator that sub-paragraph (ii) is satisfied;

(c)where the obligation period stated in the certificate is an obligation period beginning on or after 15th April 2011, and—

(i)the certificate was issued in respect of fuel supplied on or after the day on which the 2011 Order comes into force; and

(ii)the fuel in respect of which the certificate was issued would have met the greenhouse gas emission saving threshold established in accordance with paragraph 3 of the Schedule if that fuel had been supplied on the first day of the later period.

(2) But in all cases a renewable transport fuel certificate, or a set of renewable transport fuel certificates in which the same obligation period is stated, may not count in relation to more than 25% of a supplier’s renewable transport fuel obligation for the obligation period immediately following the obligation period stated in the certificates.]

Textual Amendments

Revocation of an RTF certificateU.K.

20.—(1) Subject to the following paragraphs, the Administrator may revoke an RTF certificate where the Administrator is satisfied that—

(a)the declaration provided in relation to that certificate pursuant to article 16(2)(a) is false,

(b)the certificate was issued as a consequence of any fraudulent behaviour, statement or undertaking on the part of [F16the transport fuel supplier to whom it was issued, any connected person or any person who has produced a verifier’s assurance report],

[F17(c)the information provided to the Administrator in relation to the certificate pursuant to article 12(1)(a) was materially inaccurate,

(d)the evidence provided in relation to the information referred to in sub-paragraph (c) was insufficient to substantiate it, or

(e)the verifier’s assurance report was materially inaccurate.]

(2) Before revoking an RTF certificate, the Administrator must give notice in writing to the transport fuel supplier to whom the certificate was issued and, where the certificate has been transferred to another person to whose credit the certificate is held (a “transferee”), to that other person.

(3) The notice must state—

(a)that the Administrator is proposing to revoke the RTF certificate,

(b)the grounds for the proposed revocation,

(c)that the supplier and any transferee may make representations in writing to the Administrator in relation to the proposed revocation, and

(d)that any such representations must be made within such period as the Administrator specifies, not being a period of less than 14 days beginning on the date of receipt of the notice.

(4) The Administrator—

(a)must consider any representations which are made under paragraph (3) and are relevant to the proposed revocation,

(b)must decide whether to revoke the RTF certificate, but

(c)may not revoke the certificate—

(i)within a period of 28 days beginning on the date of the [F18notice, and]

(ii)later than [F19the 16th October] immediately following the obligation period during which the RTF certificate was issued.

(5) Where the Administrator revokes an RTF certificate, the Administrator must, within a period of seven days beginning on the date of revocation, but in any event not later than [F20the 23rd October] immediately following the obligation period during which the RTF certificate was issued—

(a)give notice in writing of such revocation to the supplier to whom the certificate was issued, and to any transferee, and

(b)state in that notice—

(i)the grounds for the revocation,

(ii)that the supplier or any transferee (or both) may apply to [F21the Administrator] by notice in writing to reconsider the revocation, and

(iii)the requirements about that notice which are set out in paragraph (7).

(6) Where the Administrator revokes an RTF certificate, the supplier to whom the certificate was issued or any transferee (or both) may apply to [F22the Administrator] by notice in writing to reconsider the revocation.

(7) Such notice must—

(a)be given to [F23the Administrator] within a period of 14 days beginning on the date of receipt of the notice of revocation, but in any event not later than [F24the 6th November] immediately following the obligation period during which the RTF certificate was issued,

(b)set out the grounds for reconsidering the revocation, and

(c)contain any representations which the supplier or transferee (as the case may be) wishes to make in relation to the reconsideration of the revocation.

(8) [F25The Administrator] must—

(a)consider any representations which the supplier or transferee has made under paragraph (7), and

(b)reconsider the revocation not later than [F26the 15th November] immediately following the obligation period in which the RTF certificate was issued.

(9) On reconsidering the revocation, [F27the Administrator] must—

(a)re-instate the RTF certificate, or

(b)confirm the revocation of the certificate on the grounds referred to in paragraph (5)(b)(i) or on other grounds.

F28(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) The Administrator must give notice in writing of [F29its decision] and, in the case of a confirmation of a revocation of an RTF certificate, of the grounds for that revocation, to the supplier to whom the certificate was issued, and to any transferee.

(12) Where—

(a)[F30the Administrator does not reconsider] the revocation by the date referred to in paragraph (8), or

(b)an RTF certificate is revoked but is subsequently re-instated,

the certificate is deemed to have been re-instated as at the end of the obligation period to which the certificate relates.

(13) The AdministratorF31... may hold an oral hearing before making a decision on a proposed revocation or on a reconsideration of a revocation (as the case may be).

(14) A person who provides information or produces evidence to the AdministratorF31...in respect of a proposed revocation or a reconsideration of a revocation must ensure that that information or evidence is accurate F32....

Textual Amendments

F17Art. 20(1)(c)-(e) substituted for art. 20(1)(c)(d) (15.12.2011) by The Renewable Transport Fuel Obligations (Amendment) Order 2011 (S.I. 2011/2937), arts. 1, 18(2)

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