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Article 12 Duty to require information from obligated suppliers

United Kingdom

F1(1)

The Administrator must, by the specified date referred to in article 4(3)(b), impose a requirement on an obligated supplier, and on any non-obligated supplier who applies for RTF certificates, to provide the Administrator with—

(a)

information as to—

(i)

whether the supplier has supplied any F2relevant fuel at or for delivery to places in the United Kingdom during each relevant period;

(ii)

whether the supplier has supplied any renewable transport fuel at or for delivery to places in the United Kingdom during each relevant period;

(iii)

the amount of any F3relevant fuel which has been supplied by the supplier at or for delivery to places in the United Kingdom, or received by the supplier from another transport fuel supplier at places in the United Kingdom, during each relevant period;

(iv)

the types of any F4relevant fuel (including, where applicable, the type of development fuel) supplied or received as described in paragraph (iii) during each relevant period and, in respect of each type—

(aa)

the volume supplied;

(bb)

the energy content; and

(cc)

in the case of partially renewable transport fuel, the volume attributable to relevant feedstocks;

(v)

the compliance of any renewable transport fuel supplied, but excluding the volume of such fuel which is not attributable to relevant feedstocks, with the sustainability criteria;

(F5vi)

the volume of any renewable transport fuel supplied which—

(aa)

meets the sustainability criteria;

(bb)

is eligible for the issue of an additional RTF certificate;

(b)

the additional sustainability information in respect of any renewable transport fuel supplied, but excluding the volume of such fuel which is not attributable to relevant feedstocksF6; and

(F7c)

in the case of development fuel, evidence of the fact that the fuel meets the definition of development fuel.

(2)

In paragraph (1) a “relevant period” means such period as the Administrator may notify to the obligated supplier for the purposes of that paragraph or, in the absence of such notice, a period during an obligation period in respect of which information has not been provided by the supplier under this article and which—

(a)

begins with 15th December and ends with the 31st December immediately following,

(b)

begins with 1st January and ends with the 14th January immediately following, or

(c)

begins with the 15th day of any month other than December and ends with the 14th day of the immediately following month.

(3)

The Administrator must impose requirements as to—

(a)

the form in which the information must be provided,

(b)

the methodology to be used in calculating and providing the information, and

(c)

the period within which it must be provided.

(4)

The supplier must provide the information required under this article and ensure that it is—

(a)

accurate F8..., and

(b)

provided in such form, and using such methodology, and within such period, as the Administrator requires.

(5)

The Administrator may require a transport fuel supplier to produce such evidence as the Administrator may determine is necessary in order to substantiate information which the supplier F9is to provide or has provided to the Administrator under this article F10(also see paragraph (8)).

F11(6)

The Administrator may impose requirements as to—

(a)

the form in which the evidence must be produced,

(b)

the methodology to be used in compiling and producing the evidence, and

(c)

the period within which the evidence must be produced.

F12(7)

Where the Administrator imposes a requirement under this article on a transport fuel supplier to produce evidence, the supplier must produce that evidence and ensure that it is—

(a)

accurate; and

(b)

produced in such form, and using such methodology, and within such period, as the Administrator requires.

F13(8)

The power of the Administrator to require a transport fuel supplier to produce evidence under paragraph (5) includes the power to require the supplier to produce a verifier’s assurance report.

Annotations

Textual amendments

F1

Art. 12(1)(2) substituted (15.12.2011) by The Renewable Transport Fuel Obligations (Amendment) Order 2011 (S.I. 2011/2937), arts. 1, 8(1)

F2

Words in art. 12(1)(a)(i) substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 13(2)(a)

F3

Words in art. 12(1)(a)(iii) substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 13(2)(b)

F4

Words in art. 12(1)(a)(iv) substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 13(2)(c)

F5

Art. 12(1)(a)(vi) substituted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 13(2)(d)

F6

Words in art. 12(1)(b) inserted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 13(3)

F7

Art. 12(1)(c) inserted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 13(4)

F8

Words in art. 12(4)(a) omitted (15.12.2011) by virtue of The Renewable Transport Fuel Obligations (Amendment) Order 2011 (S.I. 2011/2937), arts. 1, 8(2)

F9

Words in art. 12(5) inserted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 13(5)(a)

F10

Words in art. 12(5) inserted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 13(5)(b)

F11

Art. 12(6) substituted (15.12.2011) by The Renewable Transport Fuel Obligations (Amendment) Order 2011 (S.I. 2011/2937), arts. 1, 8(3)

F12

Art. 12(7) inserted (15.12.2011) by The Renewable Transport Fuel Obligations (Amendment) Order 2011 (S.I. 2011/2937), arts. 1, 8(4)

F13

Art. 12(8) inserted (15.4.2018) by The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (S.I. 2018/374), regs. 1, 13(6)