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The Renewable Transport Fuel Obligations (Sustainable Aviation Fuel) Order 2024

Draft Legislation:

This is a draft item of legislation and has not yet been made as a UK Statutory Instrument.

Application for SAF certificates

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16.—(1) An application for a SAF certificate must be made by the supplier—

(a)in electronic form, through a website of the Administrator, or

(b)in another form, in a case where the Administrator determines that it is appropriate to allow an application in that form.

(2) An application must include—

(a)a declaration from an individual nominated by the supplier which confirms that—

(i)the information submitted in the application and required by the Administrator under article 11(1)(a) to (c) is accurate to the best of the applicant’s knowledge or belief;

(ii)the applicable sustainable aviation 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 SAF obligation of the supplier; and

(b)such other evidence as the Administrator may reasonably determine is necessary, and in such form as the Administrator may reasonably determine is appropriate, to substantiate the information provided by the supplier for the applicable sustainable aviation fuel.

(3) For the purposes of section 127(3)(c) of the 2004 Act, the other conditions which must be satisfied for the issue of a SAF certificate are that—

(a)the supplier has a SAF account;

(b)the supplier has provided the Administrator with the information required by the Administrator under article 11(1)(a) to (c);

(c)the supplier has provided the Administrator with a verifier’s assurance report for information relating to the compliance of the applicable sustainable aviation fuel with the sustainability criteria which has been submitted in the application or is contained in the information referred to in sub-paragraph (b);

(d)the supplier has provided the Administrator with a verifier’s declaration for information relating to the amount of sustainable aviation fuel which is contained in the information referred to in sub-paragraph (b);

(e)the Administrator is satisfied so far as is reasonably practicable that the information provided by the supplier under sub-paragraph (b) fulfils the criteria set out in paragraph (6);

(f)the Administrator is satisfied that the applicable sustainable aviation 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 SAF obligation of the supplier;

(g)any duty of excise payable on the relevant sustainable aviation fuel has been paid;

(h)the supplier makes the application for the SAF certificate—

(i)by 12th May of the year immediately following the obligation period (or the next working day after 12th May, if 12th May is not a working day); or

(ii)such later date as the Administrator may notify to the supplier for the purposes of this sub-paragraph; and

(i)the Administrator is satisfied that, at the assessment time, the supplier owns or owned the fuel for which the application for a SAF certificate is made.

(4) For the purposes of this article and article 18, “applicable sustainable aviation fuel” is the relevant sustainable aviation fuel for which a SAF certificate has been applied for by the supplier.

(5) The person who makes the declaration referred to in paragraph (2)(a) must ensure that the information submitted in the application is accurate to the best of their knowledge or belief.

(6) The criteria referred to in paragraph (3)(e) are that the information is—

(a)accurate to the best of the supplier’s knowledge or belief;

(b)provided in the form, using the methodology, and for the period, as the Administrator notifies for the purposes of article 11(3) or 12(2) or, failing such notification, as the Administrator notifies for the purposes of this paragraph.

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