Amendment of article 19 (use of an RTF certificate in a later obligation period)

17.  For article 19, substitute—

19.(1) The production of an RTF certificate by a supplier to the Administrator may count as evidence that the amount of renewable transport fuel stated in the certificate was supplied at or for delivery to places in the United Kingdom during the obligation period immediately following the obligation period stated in the certificate (“the later period”) in any of the following circumstances—

(a)where the obligation period stated in the certificate is the obligation period beginning with 15th April 2010;

(b)where the obligation period stated in the certificate is the obligation period beginning with 15th April 2011, and—

(i)the certificate was issued in respect of fuel supplied before the day on which the 2011 Order comes into force;

(ii)the fuel would have met the sustainability criteria which would have applied had that fuel been supplied on the first day of the later period; and

(iii)the supplier has provided the Administrator with a verifier’s assurance report sufficient to satisfy the Administrator that sub-paragraph (ii) is satisfied;

(c)where the obligation period stated in the certificate is an obligation period beginning on or after 15th April 2011, and—

(i)the certificate was issued in respect of fuel supplied on or after the day on which the 2011 Order comes into force; and

(ii)the fuel in respect of which the certificate was issued would have met the greenhouse gas emission saving threshold established in accordance with paragraph 3 of the Schedule if that fuel had been supplied on the first day of the later period.

(2) But in all cases a renewable transport fuel certificate, or a set of renewable transport fuel certificates in which the same obligation period is stated, may not count in relation to more than 25% of a supplier’s renewable transport fuel obligation for the obligation period immediately following the obligation period stated in the certificates.