5.—(1) Schedule 1 (greenhouse gas 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 in relation to bioliquid described in the first column of Part A or Part B of Annex 5 to the Renewables Directive(1) unless, in relation to the bioliquid, the result of the calculation in paragraph 7 of Part C of that Annex is equal to, or less than, zero.”.
Directive 2009/28/EC of the European Parliament and of the Council of 23rd April 2009 on the promotion of the use of energy from renewable sources, O.J. No. L 140, 5.6.2009, p.16. The Directive was amended by Council Directive 2013/18/EU of 13th May 2013 adapting Directive 2009/28/EU of the European Parliament and of the Council on the promotion of the use of energy from renewable sources, by reason of the accession of the Republic of Croatia, O.J. No. L 158, 10.6.2013, p.230, and by Directive (EU) 2015/1513 of the European Parliament and of the Council of 9th September 2015 amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 2009/28/EC on the promotion of the use of energy from renewable sources, O.J. No. L 239, 15.9.2015, p.1. The definition of “Renewables Directive” (i.e., Directive 2009/28/EC) in article 2(1) of the Renewables Obligation Order 2015 provides that in certain provisions (including Schedule 1) references to Annex 5 to the Directive are to Annex 5 as amended from time to time.