The Renewable Transport Fuel Obligations Order 2007

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art. 4(8)(a)(ii) word omitted by S.I. 2024/1187 art. 29

The renewable transport fuel obligationU.K.

This section has no associated Explanatory Memorandum

4.—(1) A renewable transport fuel obligation is imposed on every transport fuel supplier who in a specified period—

[F1(a)owns relevant fuel; and]

(b)supplies that [F2fuel] at or for delivery to places in the United Kingdom.

(2) But this obligation does not apply to a transport fuel supplier who, in a specified period, supplies less than 450,000 litres in total of the [F3fuel] (a “non-obligated supplier”).

(3) For the purposes of section 124(2) of the 2004 Act and this Order—

[F4(a)a “specified period” means—

(i)a period beginning on 15th April in any year before 2018 and ending on the following 14th April;

(ii)the period beginning on 15th April 2018 and ending on 31st December 2018;

(iii)a period beginning on 1st January in any year after 2018 and ending on the following 31st December,

and any such period is referred to in this Order as an “obligation period”;

(b)the “specified date” means—

(i)in respect of any obligation period which ends on 14th April in a year, 29th November of that year (or the next working day after 29th November if 29th November is not a working day);

(ii)in respect of an obligation period which ends on 31st December in a year, 15th September of the following year (or the next working day after 15th September if 15th September is not a working day); and]

(c)the evidence which is required is one or more RTF certificates issued by the Administrator in accordance with this Order.

[F5(4) For the purposes of section 124(2) of the 2004 Act and this Order, the “specified amount” of renewable transport fuel for an obligated supplier in an obligation period is the sum of—

(a)the development fuel target for that supplier for that period; and

(b)the main obligation for that supplier for that period.

(5) The supplier’s “development fuel target” for an obligation period within column 1 of the table in paragraph (6C) is the amount of development fuel equal to the percentage of the supplier’s obligated amount for that period set out in the corresponding entry in column 2 of the table.

(6) The supplier’s “main obligation” for an obligation period within column 1 of the table in paragraph (6C) is the amount of renewable transport fuel equal to the percentage of the supplier’s obligated amount for that period set out in the corresponding entry in column 3 of the table.

(6A) Development fuel supplied by the supplier during an obligation period which exceeds the amount of that supplier’s development fuel target for that period may count towards the supplier’s main obligation for that period.

(6B) The obligated amount for an obligation period is determined as follows—

(a)calculate the notional amount of relevant fuel which the supplier has supplied at, or for delivery to, places in the United Kingdom during the obligation period (see paragraph (7)); and

(b)if the notional amount is less than 10 million litres, deduct the first 450,000 litres of that amount.

(6C) The table is as follows—

(1) Obligation period or periods	(2) % which, when applied to the obligated amount, gives the development fuel target	(3) % which, when applied to the obligated amount, gives the main obligation
[F61st January to 31st December 2021]	[F60.556%]	[F610.679%]
[F61st January to 31st December 2022]	[F60.908%]	[F612.599%]
[F61st January to 31st December 2023]	[F61.142%]	[F613.078%]
[F61st January to 31st December 2024]	[F61.379%]	[F613.563%]
[F61st January to 31st December 2025]	[F61.619%]	[F614.054%]
[F61st January to 31st December 2026]	[F61.863%]	[F614.552%]
[F61st January to 31st December 2027]	[F62.109%]	[F615.056%]
[F61st January to 31st December 2028]	[F62.358%]	[F615.566%]
[F61st January to 31st December 2029]	[F62.611%]	[F616.083%]
[F61st January to 31st December 2030]	[F62.867%]	[F616.607%]
[F61st January to 31st December 2031]	[F63.127%]	[F617.138%]
[F61st January to 31st December 2032, and subsequent obligation periods]	[F63.390%]	[F617.676%]]

[F7(7) For the purposes of paragraph (6B), the “notional amount” of relevant fuel which the supplier has supplied at, or for delivery to, places in the United Kingdom during an obligation period is determined in accordance with the following formula—

where—

FN is the notional amount of relevant fuel;

HA is the total volume of relevant fuel which was, during that period—

(a)

owned by the supplier; and

(b)

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

E is the volume of eligible fuel;

R is the percentage of E which is attributable to relevant feedstock;

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

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

[F8(8) For the purposes of paragraph (7)—

(a)“the [F9eligible fuel]” means the renewable transport fuel which—

(i)the supplier supplied at or for delivery to places in the United Kingdom during the period in question;

[F10(ii)is for use in aircraft, non-road transports or road vehicles [F11, or is a maritime RFNBO]; and]

F12(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(iv)was owned by the supplier at the assessment time;]

(b)to the extent that the [F9eligible fuel] is F14...ethyl-tertiary-butyl-ether, [F15R] is deemed to be 47% in respect of that portion of the [F9eligible fuel];

(c)to the extent that the [F9eligible fuel] is F16...methyl-tertiary-butyl-ether, [F15R] is deemed to be 36% in respect of that portion of the [F9eligible fuel]; F17...

(d)to the extent that the [F9eligible fuel] is fatty-acid-methyl-ester derived from relevant feedstocks and methanol derived from fossil fuel, [F15R] is deemed to be 100% in respect of that portion of the [F9eligible fuel]; F18...

[F19(e)to the extent that the [F9eligible fuel] is hydrotreated vegetable oil derived from relevant feedstocks and thermochemically treated with hydrogen derived from a non-biological origin, [F15R] is deemed to be 100% in respect of that portion of the [F9eligible fuel]][F20; and]

[F21(f)to the extent that the eligible 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, R 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 R, R 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 eligible fuel.]

[F22(9) For the purposes of this article—

(a)except where sub-paragraph (b), (c) [F23, (d) or (e)] applies, one kilogram of gaseous relevant fuel must be treated as equivalent to one litre of liquid relevant fuel;

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

(c)where the gaseous relevant 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 relevant fuel;

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

[F24(e)where the relevant 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 relevant fuel;

(f)where the relevant 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 relevant fuel.]]]

Textual Amendments

F1Art. 4(1)(a) substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 9(2)(a)

F2Word in art. 4(1)(b) substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 9(2)(b)

F3Word in art. 4(2) substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 9(3)

F4Art. 4(3)(a)(b) substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 9(4)

F5Art. 4(4)-(6C) substituted for art. 4(4)-(6) (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 9(5)

F6Art. 4(6C) substituted (1.1.2022) by The Renewable Transport Fuel Obligations (Amendment) Order 2021 (S.I. 2021/1420), arts. 1, 7(2) (with art. 16)

F7Art. 4(7) substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 9(6)

F8Art. 4(5)-(9) inserted (15.12.2011) by The Renewable Transport Fuel Obligations (Amendment) Order 2011 (S.I. 2011/2937), arts. 1, 5(3)

F9Words in art. 4(8) substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 9(7)(a)

F10Art. 4(8)(a)(ii) substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 9(7)(c)(i)

F11Words in art. 4(8)(a)(ii) inserted (1.1.2022) by The Renewable Transport Fuel Obligations (Amendment) Order 2021 (S.I. 2021/1420), arts. 1, 7(3) (with art. 16)