The Renewable Transport Fuel Obligations Order 2007

Article 2

[F1 [F2 SCHEDULE 1] U.K. SUSTAINABILITY CRITERIA

Textual Amendments

F1 Sch. inserted (15.12.2011) by The Renewable Transport Fuel Obligations (Amendment) Order 2011 (S.I. 2011/2937), arts. 1, 23

F2 Sch. renumbered as Sch. 1 (1.1.2022) by The Renewable Transport Fuel Obligations (Amendment) Order 2021 (S.I. 2021/1420), arts. 1, 13(2) (with art. 16)

Interpretation U.K.

1.   In this Schedule—

“chain of installations” means, in respect of any consignment of renewable transport fuel, all of the processing installations the use of which leads to a material modification from any of the relevant feedstock to the finished fuel. It does not include installations solely used for the collection, transportation or storage of the feedstocks;

F3 ...

F4 ...

F5 ...

F6 ...

F7 ...

“new chain of installations” means a chain of installations in respect of which production of renewable transport fuel in one or more of the installations [F8 began after 5th October 2015];

“old chain of installations” means a chain of installations in respect of which production of renewable transport fuel in at least one of the installations was taking place on [F9 or before 5th October 2015];

F10 ...

Textual Amendments

F3 Words in Sch. para. 1 omitted (15.4.2018) by virtue of The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 27(2)(a)

F4 Words in Sch. para. 1 omitted (15.4.2018) by virtue of The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 27(2)(c)

F5 Words in Sch. 1 para. 1 omitted (1.1.2022) by virtue of The Renewable Transport Fuel Obligations (Amendment) Order 2021 (S.I. 2021/1420), arts. 1, 13(3)(a) (with art. 16)

F6 Words in Sch. para. 1 omitted (15.4.2018) by virtue of The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 27(2)(d)

F7 Words in Sch. 1 para. 1 omitted (1.1.2022) by virtue of The Renewable Transport Fuel Obligations (Amendment) Order 2021 (S.I. 2021/1420), arts. 1, 13(3)(b) (with art. 16)

F8 Words in Sch. para. 1 substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 27(2)(e)

F9 Words in Sch. para. 1 substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 27(2)(f)

F10 Words in Sch. 1 para. 1 omitted (1.1.2022) by virtue of The Renewable Transport Fuel Obligations (Amendment) Order 2021 (S.I. 2021/1420), arts. 1, 13(3)(c) (with art. 16)

Compliance with the sustainability criteria U.K.

[F11 2.— (1) To the extent that renewable transport fuel was produced from a feedstock listed in column (2) of the table below, that feedstock meets the sustainability criteria if it meets the conditions specified, in relation to the feedstock concerned, in column (3) of the table.

(1) Entry number	(2) Feedstock	(3) Conditions that the feedstock must meet in order to meet the sustainability criteria
1	Forest biomass, including residues from forestry or wastes from forestry	The GHG emission saving threshold and the forest criteria
2	Residues, including processing residues, which are not residues from agriculture, aquaculture, fisheries or forestry	The GHG emission saving threshold
3	Wastes, which are not wastes from agriculture, aquaculture, fisheries or forestry	The GHG emission saving threshold
4	Residues from agriculture or wastes from agriculture	The GHG emission saving threshold, the land criteria and the soil carbon criteria
5	Renewable energy of non-biomass origin	The GHG emission saving threshold
6	Any feedstock not falling within entries 1 to 5 above	The GHG emission saving threshold and the land criteria

(2) A relevant feedstock meets the soil carbon criteria if the renewable transport fuel supplier provides evidence, by reference to the guidance published by the Administrator under article 15(1)(m), that satisfies the Administrator that adequate monitoring or management plans are in place for the land concerned which address the impacts on soil quality and soil carbon of the harvesting of the relevant feedstock from that land.

(3) In the table, “GHG emission saving threshold” means the threshold established in accordance with paragraph 3.]

Textual Amendments

F11 Sch. 1 para. 2 substituted (1.1.2022) by The Renewable Transport Fuel Obligations (Amendment) Order 2021 (S.I. 2021/1420), arts. 1, 13(4) (with art. 16)

Greenhouse gas emission saving threshold U.K.

3.— (1) Subject to sub-paragraph (2), an amount of renewable transport fuel meets the GHG emission saving threshold if the GHG emission saving from its use is equal to or greater than the minimum GHG emission saving applicable to that fuel as specified in paragraph 4.

(2) If the renewable transport fuel is produced partly from raw materials other than sustainable feedstocks, the minimum GHG emission saving for the purposes of this Schedule applies only to the volume of that fuel whichF12 ...—

(a) [F13 is] attributable to sustainable feedstocks; F14 ...

[F15 (b) is produced from residues (including processing residues) which are not residues from agriculture, aquaculture, fisheries or forestry;

(c) is produced from wastes which are not residues from agriculture, aquaculture, fisheries or forestry; or

(d) consists of RFNBO.]

(3) The GHG emission saving from the use of an amount of renewable transport fuel [F16 of a type falling within sub-paragraph (2)] is the greater of—

(a) where applicable, the default value determined [F17 by reference to the guidance published by the Administrator under article 15(1)(m)]; and

(b) the actual value determined [F18 by reference to the guidance published by the Administrator under article 15(1)(m)].

[F19 (4) The GHG emission saving from the use of an amount of renewable transport fuel which consists of RFNBO is determined by reference to [F20 the guidance published by the Administrator under article 15(1)(m)].]

Textual Amendments

F12 Word in Sch. para. 3(2) omitted (15.4.2018) by virtue of The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 27(4)(a)

F13 Word in Sch. para. 3(2)(a) inserted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 27(4)(b)(i)

F14 Word in Sch. para. 3(2)(a) omitted (15.4.2018) by virtue of The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 27(4)(b)(ii)

F15 Sch. para. 3(2)(b)-(d) substituted for Sch. para. 3(2)(b) (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 27(4)(c)

F16 Words in Sch. para. 3(3) inserted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 27(4)(d)

F17 Words in Sch. 1 para. 3(3)(a) substituted (1.1.2022) by The Renewable Transport Fuel Obligations (Amendment) Order 2021 (S.I. 2021/1420), arts. 1, 13(5)(a)(i) (with art. 16)

F18 Words in Sch. 1 para. 3(3)(b) substituted (1.1.2022) by The Renewable Transport Fuel Obligations (Amendment) Order 2021 (S.I. 2021/1420), arts. 1, 13(5)(a)(ii) (with art. 16)

F19 Sch. para. 3(4) inserted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 27(4)(e)

F20 Words in Sch. 1 para. 3(4) substituted (1.1.2022) by The Renewable Transport Fuel Obligations (Amendment) Order 2021 (S.I. 2021/1420), arts. 1, 13(5)(b) (with art. 16)

Minimum emission saving U.K.

[F21 4.   For the purposes of this Schedule, the “minimum GHG emission saving”, in relation to renewable transport fuel supplied at, or for delivery to, places in the United Kingdom, is—

[F22 (a) where the renewable transport fuel is not RFNBO—

(i) if the fuel is produced in an old chain of installations, 55%;

(ii) if the fuel is produced in a new chain of installations, 65%;

(b) where the renewable transport fuel is RFNBO, 65%.]]

Textual Amendments

F21 Sch. para. 4 substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 27(5)

F22 Sch. 1 para. 4(a)(b) substituted (1.1.2022) by The Renewable Transport Fuel Obligations (Amendment) Order 2021 (S.I. 2021/1420), arts. 1, 13(6) (with art. 16)

Default value U.K.

F23 5.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23 Sch. paras. 5-9 omitted (1.1.2022) by virtue of The Renewable Transport Fuel Obligations (Amendment) Order 2021 (S.I. 2021/1420), arts. 1, 13(7) (with art. 16)

Actual value U.K.

F23 6.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23 Sch. paras. 5-9 omitted (1.1.2022) by virtue of The Renewable Transport Fuel Obligations (Amendment) Order 2021 (S.I. 2021/1420), arts. 1, 13(7) (with art. 16)

Land criteria U.K.

F23 7.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23 Sch. paras. 5-9 omitted (1.1.2022) by virtue of The Renewable Transport Fuel Obligations (Amendment) Order 2021 (S.I. 2021/1420), arts. 1, 13(7) (with art. 16)

F23 8.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23 Sch. paras. 5-9 omitted (1.1.2022) by virtue of The Renewable Transport Fuel Obligations (Amendment) Order 2021 (S.I. 2021/1420), arts. 1, 13(7) (with art. 16)

F23 9.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F23 Sch. paras. 5-9 omitted (1.1.2022) by virtue of The Renewable Transport Fuel Obligations (Amendment) Order 2021 (S.I. 2021/1420), arts. 1, 13(7) (with art. 16)

Article 2(1)

[F24 SCHEDULE 2 U.K. Land criteria

Textual Amendments

F24 Schs. 2, 3 inserted (1.1.2022) by The Renewable Transport Fuel Obligations (Amendment) Order 2021 (S.I. 2021/1420), arts. 1, 14 (with art. 16)

Meeting the land criteria U.K.

1.   A relevant feedstock meets the land criteria if the renewable transport fuel supplier provides evidence, by reference to the guidance published by the Administrator under article 15(1)(m), that satisfies the Administrator that the relevant feedstock was not obtained from land of a description falling within paragraphs 2 to 4, subject to the exceptions set out in those paragraphs.

Prohibited land categories U.K.

2.   Land with a high biodiversity value that had one of the following statuses in or after January 2008, whether or not the land continues to have that status—

(a) primary forest or other wooded land of native species, where there is no clearly visible indication of human activity and the ecological processes are not significantly disturbed;

(b) land not falling within sub-paragraph (a) which is, or which has been identified as, highly biodiverse forest or other wooded land that is species-rich and not degraded, unless—

(i) the land is designated for nature protection purposes; and

(ii) evidence is provided that satisfies the Administrator that the production of the relevant feedstock did not interfere with the purposes for which the land is designated for nature protection purposes;

(c) land not falling within sub-paragraphs (a) or (b) which is designated for nature protection purposes, including for the protection of rare, threatened or endangered ecosystems or species, unless evidence is provided that satisfies the Administrator that the production of the relevant feedstock did not interfere with the purposes for which the land is designated for nature protection purposes;

(d) highly biodiverse grassland spanning more than one hectare that is—

(i) natural grassland that would remain as grassland and that maintains its natural species composition and ecological characteristics and processes in the absence of human intervention; or

(ii) non-natural grassland that would cease to be grassland in the absence of human intervention and that is species-rich and not degraded and which has been identified as being highly biodiverse, unless evidence is provided that satisfies the Administrator that the harvesting of the raw material is necessary to preserve its status as highly biodiverse grassland.

3.— (1) Land with high-carbon stock that had one of the following statuses at any time in January 2008 and which no longer has that status—

(a) wetlands, where the land is covered with, or saturated by, water permanently or for a significant part of the year;

(b) continuously forested areas spanning more than one hectare with trees higher than five metres and a canopy cover of more than 30%, or trees able to reach those thresholds in situ;

(c) land spanning more than one hectare with trees higher than five metres and a canopy cover of between 10% and 30%, or trees able to reach those thresholds in situ, unless evidence is provided that satisfies the Administrator that the GHG emission saving from the use of the renewable transport fuel concerned is equal to or greater than the minimum GHG emission saving applicable to the fuel at the time when it is used, as set out in Schedule 1.

(2) But this paragraph does not apply if, at the time the relevant feedstock was harvested, the land concerned had the same status as it had in January 2008.

4.   Land that was peatland at any time in January 2008, unless evidence is provided that satisfies the Administrator that the cultivation and harvesting of the raw material concerned did not involve drainage of previously undrained soil.]

Article 2(1)

[F24 SCHEDULE 3 U.K. Forest criteria

Meeting the forest criteria U.K.

1.   Forest biomass meets the forest criteria if the renewable transport fuel supplier provides evidence, by reference to the guidance published by the Administrator under article 15(1)(m), that satisfies the Administrator that the requirements in paragraphs 2 and 3 are met, subject to the exceptions set out in those paragraphs.

Legal framework U.K.

2.— (1) The country in which the forest biomass was harvested has in place a legal framework, including monitoring and enforcement systems, to ensure that—

(a) the forest biomass has been harvested in accordance with applicable laws;

(b) the area of harvesting of the forest biomass is subject to forest regeneration, and for this purpose “forest regeneration” means the re-establishment of a forest stand by natural or artificial means following the removal of the previous stand by felling or as a result of natural causes, including fire or storm;

(c) the forest biomass has not been harvested from wetlands, peatlands or from a protected area, unless—

(i) the land is designated for nature protection purposes; and

(ii) the production of the relevant feedstock did not interfere with the purposes for which the land is designated for nature protection purposes;

(d) the harvesting of the forest biomass has been carried out with consideration for the maintenance of, and with the aim of minimising any decline in, soil quality and biodiversity; and

(e) the harvesting of the forest biomass has been carried out in a manner that maintains or improves the long-term production capacity of the forest from which it was harvested.

(2) But if evidence is not available to demonstrate that the legal framework described in sub-paragraph (1) is in place in the country concerned, then the Administrator must be satisfied that management systems at the forest sourcing area level were in place in that country to ensure that the conditions in sub-paragraph (1)(a) to (e) were met.

(3) In this Schedule, “sourcing area” means the geographically defined area from which the forest biomass is sourced, from which reliable and independent information is available to show that the conditions in sub-paragraph (1)(a) to (e) were met, and where conditions are sufficiently homogeneous to evaluate the risk of the sustainability and legality characteristics of the forest biomass.

Land-use, land-use change and forestry U.K.

3.— (1) The country or regional economic integration organisation of origin of the forest biomass is a party to the 2015 Paris Agreement adopted under the United Nations Framework Convention on Climate Change and—

(a) has submitted a nationally determined contribution (“NDC”) to the United Nations Framework Convention on Climate Change, covering emissions and removals from agriculture, forestry and land use which ensures that changes in carbon stock associated with forest biomass harvest are counted towards the country’s commitment to reduce or limit GHG emissions as specified in the NDC; or

(b) has laws in place, which are applicable in the area of the harvesting, and which regulate the harvesting of forest biomass, to conserve and enhance carbon stocks and sinks, and which require that evidence is provided to show that reported land-use, land-use change and forestry-sector emissions do not exceed removals.

(2) But if evidence is not available to demonstrate that the requirement in sub-paragraph (1) is satisfied, then the Administrator must be satisfied that management systems were in place at the forest sourcing area level to ensure that carbon stocks and sink levels in the forest are maintained or increased over the long-term.]