The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018

Amendment of section 132 of the Energy Act 2004

4.—(1) Section 132 (interpretation of Chapter 5 of Part 2)(1) is amended as follows.

(2) In subsection (3)(a)(iii), omit “agricultural or forestry”.

(3) In subsection (4)—

(a) omit the definition of “agricultural or forestry tractor”;

(b) for the definition of “inland waterway vessel”, substitute—

““inland waterway vessel” means an inland waterway vessel, within the meaning given by Article 3(c) of the 2016 Directive, to which that Directive applies (see Article 2 of the 2016 Directive); and in this definition “the 2016 Directive” means Directive EU 2016/1629 of the European Parliament and of the Council of 14 September 2016(2) laying down technical requirements for inland waterway vessels;”;

(c)   for the definition of “non-road mobile machinery”, substitute—

““non-road mobile machinery” means non-road mobile machinery, within the meaning given by Article 3(1) of the 2016 Regulation, which has installed in it an engine within a category set out in paragraph 1 of Article 4 of that Regulation; and in this definition “the 2016 Regulation” means Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016(3) on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery;”;

(d)   for the definition of “recreational craft”, substitute—

““recreational craft” has the meaning given by Article 3(2) of Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013(4) on recreational craft and personal watercraft;”;

(e)   for the definition of “renewable source”, substitute—

““renewable source”, in relation to energy, means any of the following non-fossil sources of energy, namely wind, the sun, aerothermal sources, geothermal sources, water (including hydrothermal sources, waves and tides) and biomass (including landfill gas, sewage treatment plant gas and biogases), where—

(a)

“aerothermal” means energy stored in the form of heat in the ambient air;

(b)

“geothermal” means energy stored in the form of heat beneath the surface of solid earth; and

(c)

“hydrothermal” means energy stored in the form of heat in surface water;”;

(f)   after the definition of “renewable source”, insert—

““tractor” has the meaning given by Article 3(8) of Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013(5) on the approval and market surveillance of agricultural and forestry vehicles.”.

(1)

Section 132 of the 2004 Act was amended by section 78 of, and Schedule 7, to the Climate Change Act 2008 and by S.I. 2012/2723. There are other amendments which are not relevant to these Regulations.

(2)

OJ L 252 16.9.2016 p.118.

(3)

OJ L 252 16.9.2016 p.53.

(4)

OJ L 354 28.12.2013 p.90.

(5)

OJ L 60 2.3.2013 p.1. There are amendments to the EU instrument which are not relevant to these Regulations.