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—

F1 ...

F2 ...

“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(2);

[F3 “assessment time”—

(a)

in relation to renewable aviation turbine fuel (within the meaning given in article 3 of the RTFO Order), has the meaning given in article 2 of the RTFO Order;

(b)

in relation to renewable hydrogen or hydrogen from fossil fuel sources, means the time at which is it sold to a retail customer;

(c)

in relation to gaseous renewable transport fuels which are to be used only in non-road transports, means the time at which the fuel is set aside for such use;

(d)

in relation to electricity for use in electric road vehicles, means the time at which the electricity is given through an appropriate meter, and for this purpose “appropriate meter”—

(i)

in relation to Great Britain, has the meaning given in paragraph 1 of Schedule 7 to the Electricity Act 1989;

(ii)

in relation to Northern Ireland, has the meaning given in paragraph 2 of Schedule 7 to the Electricity (Northern Ireland) Order 1992;

(e)

in relation to any energy product, other than fossil fuel for use in aircraft, which does not fall within sub-paragraph (a), (b) or (c), means the time at which the requirement under the Hydrocarbon Oil Duties Act 1979 to pay the duty of excise with which that fuel is chargeable took effect;]

[F3 “CO_2eq” means carbon dioxide equivalent GHG emissions, and references to “gCO_2eq” and “kgCO_2eq” mean “grams of carbon dioxide equivalent GHG emissions” and “kilograms of carbon dioxide equivalent GHG emissions”, respectively;]

[F3 “connected person” means, in relation to a supplier, a person who is connected with the supplier within the meaning of section 1122 of the Corporation Tax Act 2010;]

[F3 “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, etc., and a reference in these Regulations to Annex IV to the directive is a reference to that Annex as amended from time to time;]

[F3 “electricity supplier”—

(a)

in relation to Great Britain, has the meaning given in section 6 of the Electricity Act 1989;

(b)

in relation to Northern Ireland, has the meaning given in Article 3 of the Electricity (Northern Ireland) Order 1992;]

[F3 “emissions savings” has the meaning given in regulation 16A;]

F4 ...

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

“GHG” means greenhouse gas;

[F3 “GHG credit” means a document or record (which may be electronic)—

(a)

issued to a supplier by the Administrator under Part 3A; and

(b)

which certifies that the supplier to which it is issued has achieved the emissions savings stated in the credit (as to which, see regulation 16A) in relation to the reporting period concerned;]

[F3 “GHG Directive” means Council Directive (EU) 2015/652 of 20 April 2015 laying down calculation methods and reporting requirements pursuant to the directive;]

[F3 “GHG reduction obligation” has the meaning given in regulation 6B;]

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

[F3 “GHGi”, in relation to an energy product or electricity, means the GHG emissions per unit of energy of the energy product or the electricity, measured in gCO_2eq/MJ;]

F5 ...

[F3 “lower heating value” means—

(a)

in relation to an energy product consisting of biofuel—

(i)

where that biofuel is of a type listed in Annex III to the Renewable Energy Directive, the lower calorific value for the particular type of biofuel set out in Annex III to that Directive;

(ii)

where that biofuel is not of a type listed in Annex III to the Renewable Energy Directive, subject to the Administrator’s approval, the lower heating value for that type of fuel set out in Part 2 of Appendix I to the European Commission’s Joint Research Centre Well-to-Tank Report, version 4, of July 2013 (“the JRC Well-to-Tank Report”);

(b)

in relation to an energy product consisting of fuel of non-biological origin, the lower heating value for that type of fuel set out in Part 2 of Appendix I to the JRC Well-to-Tank Report;]

[F3 “MJ” means megajoule, and references to “/MJ” mean “per megajoule”;]

[F6 “non-regulated supplier” means—

(a)

an electricity supplier;

(b)

a supplier, other than an electricity supplier, which is not subject to the GHG reporting requirement imposed under regulation 4;]

[F3 “non-road transports” has the meaning given in article 2 of the RTFO Order;]

[F3 “predominant conversion technology” means the technology or mechanism used to convert energy in an energy product or in electricity into energy for the purpose of generating propulsion or movement;]

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

[F7 “relevant feedstock” has the meaning given in article 2 of the RTFO Order;]

[F3 “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, etc.;]

“the reporting deadline” means [F8 15th September] (or the next working day after [F8 15th September], if [F8 15th September] 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(3);

[F3 “RTF certificate” has the meaning given in section 127 of the Energy Act 2004;]

F9 “the RTFO Order” means the Renewable Transport Fuel Obligations Order 2007(1), 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;

[F3 “SME” means a business which —

(a)

employs fewer than 250 persons; and

(b)

has—

(i)

an annual turnover which does not exceed 50 million euros in value; or

(ii)

an annual balance sheet total which does not exceed 43 million euros in value;]

[F10 “supplier” means—

(a)

a supplier of energy products;

(b)

an electricity supplier;]

F11 ...

“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);

[F3 “UER” means a reduction in upstream emissions;]

[F3 “unit GHGi threshold” has the meaning given in regulation 6B(2);]

[F3 “upstream emissions”, in relation to an energy product, means all greenhouse gas emissions occurring prior to the raw material entering a refinery or a processing plant where the energy product was produced;]

[F3 “verifier’s assurance report” means a report which meets the requirements of regulation 6;]

“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(4) in any part of the United Kingdom.

Textual Amendments

F1 Words in reg. 2 omitted (15.4.2018) by virtue of The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 29(2)

F2 Words in reg. 2 omitted (15.4.2018) by virtue of The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 29(4)

F3 Words in reg. 2 inserted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 29(5)

F4 Words in reg. 2 omitted (15.4.2018) by virtue of The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 29(6)

F5 Words in reg. 2 omitted (15.4.2018) by virtue of The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 29(7)

F6 Words in reg. 2 substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 29(8)

F7 Words in reg. 2 substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 29(9)

F8 Words in reg. 2 substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 29(10)

F9 Reg. 2 definition moved (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 29(3)

F10 Words in reg. 2 substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 29(11)

F11 Words in reg. 2 omitted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 29(12)

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 [F12 , unless specified otherwise,] one kilogram of gaseous fuel is to be treated as equivalent to one litre of liquid fuel [F13 (and vice-versa)].

[F14 (3A) For the purposes of these Regulations, references to a type of energy product as being “renewable” are references to an energy product of that type which meets the definition of “renewable transport fuel”.

(4) “Relevant use” means use within the United Kingdom in non-road transports or road vehicles.]

F15 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16 (5A) “Biofuel” has the meaning given in section 132(1) of the Energy Act 2004.]

(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.

[F17 (10) “RFNBO” has the meaning given in article 3 of the RTFO Order.]

Textual Amendments

F12 Words in reg. 3(3) inserted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 30(2)(a)

F13 Words in reg. 3(3) inserted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 30(2)(b)

F14 Reg. 3(3A)(4) substituted for reg. 3(4) (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 30(3)

F15 Reg. 3(5) omitted (15.4.2018) by virtue of The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 30(4)

F16 Reg. 3(5A) inserted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 30(5)

F17 Reg. 3(10) inserted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 30(6)

Commencement Information

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

(1)

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.

(2)

OJ No L 15, 20.1.2011, p12.

(3)

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

(4)

1971 c.80.