The Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations 2012

PART 1 U.K. Introductory Provisions

Citation and commencement U.K.

1.  These Regulations may be cited as the Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations 2012 and come into force on 1st January 2013.

Commencement Information

I1 Reg. 1 in force at 1.1.2013, see reg. 1

Interpretation U.K.

2.  In these Regulations—

“the directive” means Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC(1) and a reference in these Regulations to Annex IV to the directive is a reference to that Annex as amended from time to time;

“the RTFO Order” means the Renewable Transport Fuel Obligations Order 2007(2), and for the purposes of these Regulations references in the Schedule to the RTFO Order to Annex V of the Renewable Energy Directive are to be read as references to Annex IV of the directive;

“the Renewable Energy Directive” means Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC(3);

“account holder” has the meaning given in regulation 8;

“additional sustainability information” means the information specified in Article 1 of Commission Decision 2011/13/EU of 12 January 2011 on certain types of information about biofuels and bioliquids to be submitted by economic operators to Member States(4);

“the fuel baseline standard” means the standardised figure for the life cycle greenhouse gas emissions per unit of energy from fossil fuels in 2010 and is 88.3 gCO2eq/MJ;

“the fossil fuel comparator” has the meaning given in paragraph 19 of Part C of Annex IV to the directive;

“GHG” means greenhouse gas;

“the GHG reporting requirement” means the requirement imposed by regulation 4;

“greenhouse gas emissions per unit of energy” has the meaning given in Article 2(7) of the directive;

“non-regulated supplier” means a supplier other than one upon whom the GHG reporting requirement is imposed under regulation 4;

“regulated supplier” means a supplier upon whom the GHG reporting requirement is imposed under regulation 4;

“relevant feedstock” means the biodegradable portion of—

(a)

products, wastes or residues of biological origin from—

(i)

agriculture (including both vegetal and animal substances);

(ii)

forestry;

(iii)

related industries including fisheries and aquaculture;

(b)

industrial or municipal waste of biological origin;

“the reporting deadline” means 29th November (or the next working day after 29th November, if 29th November is not a working day) immediately following the end of a reporting period;

“reporting period” means a period beginning with 1st January in a year and ending with 31st December in that same year;

“road vehicle” means a vehicle constructed or adapted for use on roads, but does not include any vehicle which is an excepted vehicle within the meaning given by the Hydrocarbon Oil Duties Act 1979(5);

“supplier” means a supplier of energy products;

“supply” means, in relation to an energy product, the supply of that energy product to any person whether with a view to its being used by that person or by persons to whom it is subsequently supplied and related expressions are to be construed accordingly;

“sustainability criteria” means the criteria set out in the Schedule to the RTFO Order (read in accordance with the definition above);

“sustainable feedstock” means a relevant feedstock which meets the criteria set out in the Schedule to the RTFO Order (read in accordance with the definition above);

“working day” means any day other than—

(a)

Saturday or Sunday;

(b)

Christmas Day or Good Friday; or

(c)

a day which is a bank holiday under the Banking and Financial Dealings Act 1971(6) in any part of the United Kingdom.

Commencement Information

I2 Reg. 2 in force at 1.1.2013, see reg. 1

Definitions of energy products and relevant use U.K.

3.—(1) The following paragraphs of this regulation define the various descriptions of energy product referred to in these Regulations and the relevant use of such products for the purposes of these Regulations.

(2) “Energy product” means—

(a) liquid fuel; or

(b) gaseous fuel;

but does not include detergents, cetane improvers, lubricity improvers, viscosity improvers, oxidation inhibitors, gum inhibitors, anti-corrosive preparations and like substances intended for use as fuel additives.

(3) For the purposes of these Regulations one kilogram of gaseous fuel is to be treated as equivalent to one litre of liquid fuel.

(4) “Relevant use” means use within the United Kingdom in—

(a) road vehicles;

(b) non-road mobile machinery, including inland waterway vessels which do not normally operate at sea;

(c) agricultural tractors and forestry tractors; and

(d) recreational craft which do not normally operate at sea.

(5) For the purposes of paragraph (4)—

(a) the terms “non-road mobile machinery” and “inland waterway vessel” have the meanings given by Article 2 of Council Directive 97/68/EC(7);

(b) the terms “agricultural tractor” and “forestry tractor” have the meanings given by Article 1 of Council Directive 2000/25/EC(8);

(c) the term “recreational craft” has the meaning given by Article 1(3) of Council Directive 94/25/EC(9); and

(d) an inland waterway vessel or a recreational craft does not normally operate at sea if it does not normally operate beyond the limits of waters in—

(i) category A;

(ii) category B; and

(iii) category C, excluding tidal rivers and estuaries;

where categories A, B and C have the meanings given to them in Merchant Shipping Notice 1827(M) issued by the Maritime and Coastguard Agency.

(6) “Fossil fuel” means coal, substances produced directly or indirectly from coal, lignite, natural gas, crude liquid petroleum, or petroleum products where—

(a) “natural gas” means any gas derived from natural strata; and

(b) “petroleum products” means the following substances produced directly or indirectly from crude, that is to say, fuels, lubricants, bitumen, wax, industrial spirits and any wide-range substance (meaning a substance whose final boiling point at normal atmospheric pressure is more than 50°C higher than its initial boiling point).

(7) “Renewable transport fuel” is liquid fuel or gaseous fuel produced wholly or partially from a relevant feedstock whether blended with fossil fuel or not.

(8) “Wholly renewable transport fuel” means renewable transport fuel which is produced wholly from a relevant feedstock.

(9) “Partially renewable transport fuel” means renewable transport fuel other than wholly renewable transport fuel.

Commencement Information

I3 Reg. 3 in force at 1.1.2013, see reg. 1

(1)

OJ No L 350, 28.12.1998, p. 58. The Directive has been amended by Commission Directive 2000/71/EC, Directive 2003/17/EC, Regulation (EC) No 1882/2003, Directive 2009/30/EC and Commission Directive 2011/63/EU.

(2)

S.I. 2007/3072. The Order was amended by the Finance Act 2008 (c.9), section 13, and by S.I. 2009/843, 2011/493 and 2011/2937.

(3)

OJ No L 140, 5.6.2009, p16.

(4)

OJ No L 15, 20.1.2011, p12.

(5)

1979 c.5. The phrase “excepted vehicle” is defined at section 27 of, and Schedule 1 to, the 1979 Act.

(6)

1971 c.80.

(7)

OJ No L 59, 27.2.1998, p.1; a relevant amendment to the Directive was made by Directive 2004/26/EC (OJ No L 225, 25.6.2004, p.3).

(8)

OJ No L 173, 12.7.2000, p1.

(9)

OJ No L 164, 30.6.1994, p15; a relevant amendment to the Directive was made by Directive 2003/44/EC (OJ No L 214, 26.8.2003, p.18).