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10.—(1) Article 16 is amended as follows.
(2) For paragraph (2)(a)(ii) substitute—
“(ii)the renewable transport fuel, or a chemical precursor to it, has not already been, and will not be, counted under a support scheme, or a United Kingdom renewable energy obligation other than the renewable transport fuel obligation of the supplier (but see paragraph (6)); and”.
(3) For paragraph (3)(ea) substitute—
“(ea)the Administrator is satisfied that the renewable transport fuel, or a chemical precursor to it, has not already been, and will not be, counted under a support scheme, or a United Kingdom renewable energy obligation other than the renewable transport fuel obligation of the supplier (but see paragraph (6));”.
(4) After paragraph (5) insert—
“(6) Nothing in paragraphs (2)(a)(ii) or (3)(ea) applies to support schemes in the form of—
(a)investment aid benefitting the production plant in which the renewable transport fuel was produced, whether situated in the United Kingdom or elsewhere; or
(b)the reduction in any duty payable in the United Kingdom under the 1979 Act.”.
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