18. Article 38 is to be read as if—U.K.
(a)in paragraph 2, after “zero” there were inserted “, but [F1, subject to paragraph 2a,] the emission factor for bioliquids shall be zero only if the sustainability criteria set out in Article 17(2) to (5) of Directive 2009/28/EC have been fulfilled”;
(aa)[F2after paragraph 2 there were inserted—
“2a. The emission factor for category 1 tallow or category 2 tallow may be treated as zero where the tallow concerned is used to produce heat that is used at the operator’s installation (including heat used to generate electricity at the installation, but only if the electricity is used at the installation).
In this paragraph:
(a)“category 1 tallow” means tallow that is category 1 material under Article 8 of Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption;
(b)“category 2 tallow” means tallow that is category 2 material under Article 9 of that Regulation;”]
(b)in paragraph 4, after “de minimis” there were inserted “ or marginal ”.
Textual Amendments
F1Words in Sch. 4 para. 18(a) inserted (1.1.2023) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2022 (S.I. 2022/1173), arts. 2, 13(2)(a)
F2Sch. 4 para. 18(aa) inserted (1.1.2023) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2022 (S.I. 2022/1173), arts. 2, 13(2)(b)
Commencement Information
I1Sch. 4 para. 18 in force at 12.11.2020, see art. 2(1)