# The Renewable Transport Fuel Obligations Order 2007, Article 5: Determinations of amounts of transport fuel


(1) Where, in relation to an amount of transport fuel, it is shown that a person owns the fuel at the time when the requirement to pay the duty of excise with which the fuel is chargeable takes effect, it is to be presumed, unless the contrary is shown, that that amount of fuel is supplied by that person at or for delivery to places in the United Kingdom at that time.
(2) An amount of renewable transport fuel only counts towards the discharging of a person’s renewable transport fuel obligation for an obligation period if—
(a) it is for use as fuel in road vehicles (whether or not it may also be used in other vehicles),
(b) it is of one of the descriptions set out in paragraph (3), and
(c) the condition set out in paragraph (4) is satisfied.
(3) The descriptions are—
(a) biodiesel in relation to which a duty of excise is chargeable under the 1979 Act;
(b) the biodiesel component in bioblend, where a duty of excise is chargeable in relation to that bioblend under the 1979 Act;
(c) the biodiesel component in a mixture which is produced by mixing—
(i) fully or partially rebated heavy oil, with
(ii) biodiesel or a substance containing biodiesel,
where a duty of excise is chargeable in relation to that mixture under the 1979 Act;
(d) bioethanol in relation to which a duty of excise is chargeable under the 1979 Act;
(e) the bioethanol component of bioethanol blend, where a duty of excise is chargeable in relation to that bioethanol blend under the 1979 Act; or
(f) natural road fuel gas—
(i) in relation to which a duty of excise is chargeable under the 1979 Act; and
(ii) which is produced wholly from biomass.
(4) The condition is that the person who applies for the fuel to count is the person who owns the fuel at the time when the requirement to pay the duty of excise with which the fuel is chargeable takes effect.
(5) For the purposes of calculating the specified amount under article 4(4), one kilogram of the renewable transport fuel referred to in paragraph (3)(f) must be treated as equivalent to one litre of a renewable transport fuel referred to in paragraph (3)(a) to (e).
(6) The amount of the biodiesel component referred to in paragraph (3)(b) or (c), and of the bioethanol component referred to in paragraph (3)(e), must each be measured by its volume.

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Source: https://www.legislation.gov.uk/ukdsi/2007/9780110788180/article/5 (the official version)
Page: https://openlegislation.uk/draft-renewable-transport-fuel-obligations-order-2007/article-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.