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10. For paragraph (2) of article 5 substitute the following—
“(2) In relation to fuel which becomes chargeable to a duty of excise before 15th April 2013, an amount of renewable transport fuel only counts towards the discharging of a person’s renewable transport fuel obligation for an obligation period if—
(a)it is for use as fuel in road vehicles,
(b)it meets the sustainability criteria, and
(c)the condition set out in paragraph (4) is satisfied.
(2A) In relation to fuel which becomes chargeable to a duty of excise on or after 15th April 2013, an amount of renewable transport fuel only counts towards the discharging of a person’s renewable transport fuel obligation for an obligation period if—
(a)it is for use as fuel in road vehicles, non-road mobile machinery (including inland waterway vessels which do not normally operate at sea), agricultural or forestry tractors, or recreational craft which do not normally operate at sea,
(b)it meets the sustainability criteria, and
(c)the condition set out in paragraph (4) is satisfied.”.
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