10.—(1) Schedule A1 (greenhouse gas emission criteria for bioliquid) is amended as follows.
(2) In paragraph 1 (interpretation)—
(a)omit the definition of “disaggregated default values for cultivation”;
(b)for the definition of “relevant percentage” substitute—
““relevant percentage” means—
in relation to bioliquid produced by an installation that started producing liquid fuel from biomaterial before 6th October 2015—
35% in the case of bioliquid used to generate electricity before 1st January 2017;
50% in the case of bioliquid used to generate electricity on or after 1st January 2017;
in relation to bioliquid produced by an installation that started producing liquid fuel from biomaterial on or after 6th October 2015—
35% in the case of bioliquid used to generate electricity before 1st January 2017;
50% in the case of bioliquid used to generate electricity on or after 1st January 2017 but before 1st January 2018;
60% in the case of bioliquid used to generate electricity on or after 1st January 2018.”.
(3) Omit paragraph 5.
(4) For paragraph 6 substitute—
“6. The default percentage must not be used for the purposes of paragraph 2 unless, in relation to the bioliquid, the result of the calculation in paragraph 7 of Part C of Annex 5 to the Renewables Directive(1) is equal to, or less than, zero.”.
The definition of “Renewables Directive” (i.e., Directive 2009/28/EC) in article 2(1) of the Renewables Obligation (Scotland) Order 2009 provides that in certain provisions (including Schedule A1) references to Annex 5 to the Directive are to Annex 5 as amended from time to time.