12.—(1) Article 54 of the 2009 Order(1) is amended as follows.
(2) In the heading, after “biomass” insert “or fossil derived bioliquid”.
(3) In paragraph (1)(a), after “other than” insert “waste, biomass wholly derived from waste,”.
(4) Omit paragraph (3)(f).
(5) At the end of paragraph (3)(j) omit “and”.
(6) At the end of paragraph (3)(k) insert “and”.
(7) After paragraph (3)(k) insert—
“(l)where the biomass was not a bioliquid—
(i)the greenhouse gas emissions from the use of the biomass to generate one mega joule of electricity;
(ii)whether the biomass meets the land criteria;
(iii)where the greenhouse gas emissions from the use of the biomass to generate one mega joule of electricity are greater than 79.2 grams, the main reasons why biomass with lower greenhouse gas emissions was not used;
(iv)where the biomass does not meet the land criteria, the main reasons why biomass meeting the land criteria was not used; and
(v)where any of the information specified in paragraphs (i) or (ii) is not known—
(aa)the main reasons why that information is not known; and
(bb)the main reasons why biomass for which that information is known was not used.”.
(8) After paragraph (3) insert—
“(3A) For the purposes of paragraph (3)(l), the operator of the generating station must calculate the greenhouse gas emissions using one of the following methods—
(a)the actual value method; or
(b)the default value method.
(3B) The default value method must not be used to calculate the greenhouse gas emissions from the use of biomass unless—
(a)the biomass is described in the first column of Part 2 of Schedule 3B; and
(b)in relation to the biomass, the result of the calculation in paragraph 7 of Part C of Annex 5 to the Renewables Directive is equal to, or less than, zero.
(3C) For the purposes of paragraph (3B)(b), paragraph 7 of Part C of Annex 5 to the Renewables Directive is to be read as if—
(a)for each reference to “biofuel” there was substituted “biomass”; and
(b)the words “or bioliquid” were omitted in each place in which those words occur.”.
(9) For paragraph (6) substitute—
“(6) In this article—
“actual value method” means the calculation method provided for in Schedule 3A;
“default value method” means the calculation method provided for in Part 1 of Schedule 3B; and
“environmental quality assurance scheme” means a voluntary scheme which establishes environmental or social standards in relation to the production of biomass or matter from which a biomass fuel is derived.
(7) References in this article to biomass, other than in or for the purposes of paragraph (3)(l), include fossil derived bioliquid.”.
Article 54 was amended by article 13 of S.I. 2010/1107.