Article 5 Amendment of article 4 (the renewable transport fuel obligation)

For article 4(3)(b), substitute—

“(b)

the “specified date” means 29th November (or the next working day after 29th November, if 29th November is not a working day) following the end of the obligation period in question; and”.

For article 4(4), substitute—

“(4)

For the purposes of section 124(2) of the 2004 Act and this Order, “the specified amount” of renewable transport fuel is determined in accordance with paragraphs (5) and (6).”

After article 4(4), insert—

“(5)

The specified amount of renewable transport fuel for the obligation period beginning with 15th April 2011 is determined as follows—

(a)

calculate in accordance with article 26 the volume of relevant hydrocarbon oil which the supplier has supplied at or for delivery to places in the United Kingdom during the period beginning with 15th April 2011 and ending with the day before the 2011 Order comes into force;

(b)

calculate the notional amount of the relevant hydrocarbon oil which the supplier has supplied at or for delivery to places in the United Kingdom during the period beginning with the day on which the 2011 Order comes into force and ending with 14th April 2012;

(c)

in any case where the sum of the amount calculated in accordance with sub-paragraph (a) and the amount calculated in accordance with sub-paragraph (b) is less than 10 million litres, deduct the first 450,000 litres of that amount;

(d)

the specified amount is an amount equal to 4.1667% of the sum of the amounts calculated under sub-paragraphs (a) and (b), adjusted in accordance with sub-paragraph (c) if applicable.

(6)

The specified amount of renewable transport fuel for any other obligation period is determined as follows—

(a)

calculate the notional amount of the relevant hydrocarbon oil which the supplier has supplied at or for delivery to places in the United Kingdom during the obligation period in question;

(b)

in any case where that notional amount is less than 10 million litres, deduct the first 450,000 litres of that amount; and

(c)

in relation to the amount calculated in accordance with sub-paragraphs (a) and (b) (“the obligated amount”)—

(i)

for the obligation period beginning with 15th April 2012, the specified amount is an amount equal to 4.7120% of the obligated amount; and

(ii)

for each subsequent obligation period, the specified amount is an amount equal to 5.2632% of the obligated amount.

(7)

For the purposes of paragraphs (5)(b) and (6)(a), the notional amount of the relevant hydrocarbon oil which the supplier has supplied at or for delivery to places in the United Kingdom during any period is determined in accordance with the following formula—

$$FN=HA-\left(E\times S\right)$$

where—

F_N is that notional amount of relevant hydrocarbon oil;

H_A is the total amount of relevant hydrocarbon oil which was owned by the supplier at the time when the requirement to pay the duty of excise with which that relevant hydrocarbon oil is chargeable took effect and was supplied at or for delivery to places in the United Kingdom during that period;

E is the amount of the eligible oil; and

S is the percentage of the volume of the eligible oil which is attributable to sustainable feedstocks.

(8)

For the purposes of paragraph (7)—

(a)

“the eligible oil” means the renewable transport fuel which—

(i)

the supplier supplied at or for delivery to places in the United Kingdom during the period in question;

(ii)

is for use as fuel in road vehicles;

(iii)

meets the sustainability criteria; and

(iv)

was owned by the supplier at the time when the requirement to pay the duty of excise with which that renewable transport fuel is chargeable took effect;

(b)

to the extent that the eligible oil is bio-ethyl-tertiary-butyl-ether, S is deemed to be 47% in respect of that portion of the eligible oil;

(c)

to the extent that the eligible oil is bio-methyl-tertiary-butyl-ether, S is deemed to be 36% in respect of that portion of the eligible oil; and

(d)

to the extent that the eligible oil is fatty-acid-methyl-ester derived from relevant feedstocks and methanol derived from fossil fuel, S is deemed to be 100% in respect of that portion of the eligible oil.

(9)

For the purposes of this article, one kilogram of gaseous relevant hydrocarbon oil must be treated as equivalent to one litre of relevant hydrocarbon oil.”