The Renewables Obligation (Amendment) Regulations 2017

Amendments to Renewables Obligation (Scotland) Order 2009

10.—(1) Schedule A1 (greenhouse gas emission criteria for bioliquid) is amended as follows.

(2) In paragraph 1 (interpretation)—

(a) omit the definition of “disaggregated default values for cultivation”;

(b) for the definition of “relevant percentage” substitute—

““relevant percentage” means—

(a)

in relation to bioliquid produced by an installation that started producing liquid fuel from biomaterial before 6th October 2015—

(i)

35% in the case of bioliquid used to generate electricity before 1st January 2017;

(ii)

50% in the case of bioliquid used to generate electricity on or after 1st January 2017;

(b)

in relation to bioliquid produced by an installation that started producing liquid fuel from biomaterial on or after 6th October 2015—

(i)

35% in the case of bioliquid used to generate electricity before 1st January 2017;

(ii)

50% in the case of bioliquid used to generate electricity on or after 1st January 2017 but before 1st January 2018;

(iii)

60% in the case of bioliquid used to generate electricity on or after 1st January 2018.”.

(3) Omit paragraph 5.

(4) For paragraph 6 substitute—

“6.   The default percentage must not be used for the purposes of paragraph 2 unless, in relation to the bioliquid, the result of the calculation in paragraph 7 of Part C of Annex 5 to the Renewables Directive(1) is equal to, or less than, zero.”.

(1)

The definition of “Renewables Directive” (i.e., Directive 2009/28/EC) in article 2(1) of the Renewables Obligation (Scotland) Order 2009 provides that in certain provisions (including Schedule A1) references to Annex 5 to the Directive are to Annex 5 as amended from time to time.