Article 2 Interpretation

In this Order—

• “the 1979 Act” means the Hydrocarbon Oil Duties Act 1979 M1;

• “the 2004 Act” means the Energy Act 2004;

• F1...

• F2“the 2012 Regulations” means the Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations 2012;

• “account holder” has the meaning given in article 7(8);

• F3“additional sustainability information” means the information specified in the guidance published by the Administrator under article 15(1)(m);

• “assessment time” means—

  1. (a)

     F4...

  2. (b)

     in relation to renewable hydrogen that is attributable to relevant feedstocks, the time at which F5it is sold to a customer;

  3. (c)

     in relation to gaseous renewable transport fuel F6, not falling within sub-paragraph (b), that is attributable to relevant feedstocks and which is to be used only in non-road transports, the time at which the fuel is set aside for such use;

  4. (d)

     in relation to fuel F7... which does not fall within sub-paragraph (a), F8(b), (c) or (e), the time at which the requirement under the 1979 Act to pay the duty of excise with which that fuel is chargeable took effect;

  5. (e)

     F9in relation to a maritime RFNBO, the time at which the RFNBO is dispensed for use in a ship;

• F10...

• F11...

• “connected person” means, in relation to a transport fuel supplier, a person connected to the supplier within the meaning of F12section 1122 of the Corporation Tax Act 2010;

• F13...

• “dedicated energy crops” means crops which—

  1. (a)

     consist of—

     1. (i)

        non-food cellulosic material; or

     2. (ii)

        ligno-cellulosic material, except saw logs and veneer logs;

  2. (b)

     are grown for the purpose of being used as fuel or energy;

  3. (c)

     are not a residue (including processing residues and residues from agriculture, aquaculture, fisheries or forestry) or a waste; and

  4. (d)

     would not normally be used for food or feed;

• “development fuel RTF certificate” means an RTF certificate which derives from renewable transport fuel made from development fuel and which is specified as such in accordance with article 17(2A);

• “development fuel target” has the meaning given in article 4(5);

• F14...

• F15“forest biomass” means biomass produced from forestry;

• “forest criteria” means the criteria set out in Schedule 3;

• “GHG” means greenhouse gas;

• “GHG credit” has the meaning given in the 2012 Regulations;

• F16“ISAE 3000” means the International Standard on Assurance Engagements 3000 promulgated by the International Federation of Accountants;

• “issue of an additional RTF certificate” means the issue of an additional RTF certificate for each whole litre of fuel under article 17A;

• F17“land criteria” means the criteria set out in Schedule 2;

• “ligno-cellulosic material” means material composed of lignin, cellulose and hemicellulose, such as biomass sourced from forests, woody energy crops and forest-based industries’ residues and wastes;

• “main obligation” has the meaning given in article 4(6);

• “the Motor Fuel Regulations” means the Motor Fuel (Composition and Content) Regulations 1999;

• “non-food cellulosic material” means feedstocks which are mainly composed of cellulose and hemicellulose, having a lower lignin content than ligno-cellulosic material, including (among other things)—

  1. (a)

     food and feed crop residues, such as straw, stover, husks and shells;

  2. (b)

     grassy energy crops with a low starch content, such as ryegrass, switchgrass, miscanthus, giant cane and cover crops before and after main crops;

  3. (c)

     industrial residues, including from food and feed crops after vegetal oils, sugars, starches and protein have been extracted; and

  4. (d)

     material from biowaste;

• “non-obligated supplier” means a transport fuel supplier other than one upon whom a renewable transport fuel obligation is imposed under article 4;

• “non-road transports” means—

  1. (a)

     non-road mobile machinery;

  2. (b)

     inland waterway vessels which do not normally operate at sea;

  3. (c)

     recreational craft which do not normally operate at sea;

  4. (d)

     tractors;

  5. (e)

     F18any train not falling within sub-paragraph (a);

  6. (f)

     any mode of transport that would fall within sub-paragraph (a) but for the fact it is not fitted with an engine within a category set out in paragraph 1 of Article 4 of Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery;

• “notional volume” means, in relation to an amount of renewable transport fuel, the notional volume of that amount of renewable transport fuel determined in accordance with article 5(4A) F19and, where that notional volume expressed in litres includes a fraction of a litre, rounded up or rounded down to the nearest whole litre (rounding up where the fraction is 0.5 litres or above);

• “obligation period” has the meaning given in article 4(3)(a);

• “obligated supplier” means a transport fuel supplier upon whom a renewable transport fuel obligation is imposed under article 4;

• “processing residue”, in relation to a production process, means a substance—

  1. (a)

     that is not the end product sought directly from the process;

  2. (b)

     the production of which is not a primary aim of the process; and

  3. (c)

     in respect of which the process has not been deliberately modified in order to produce it;

• “relevant crops” means starch-rich crops, sugars, oil crops and main crops, where “starch-rich crops” include—

  1. (a)

     cereals (regardless of whether only the grains are used or the whole plant);

  2. (b)

     tubers and root crops, including potatoes, Jerusalem artichokes, sweet potatoes, cassava and yams; and

  3. (c)

     corm crops, including taro and cocoyam,

  but F20dedicated energy crops are not relevant crops;

• “relevant crop RTF certificate” means an RTF certificate which derives from renewable transport fuel made from relevant crops and which is specified as such in accordance with article 17(2A);

• F21“relevant feedstock” means—

  1. (a)

     processing residues of biological origin;

  2. (b)

     products of biological origin, including relevant crops and dedicated energy crops;

  3. (c)

     renewable sources other than biomass used to produce RFNBO;

  4. (d)

     residues from agriculture, aquaculture, fisheries or forestry;

  5. (e)

     wastes of biological origin;

  6. (f)

     F22wastes of fossil origin designated as a relevant feedstock under article 15A;

• F23“renewable energy obligation” means a scheme, including a scheme under which such requirements may be fulfilled by using RTF certificates or certificates equivalent to RTF certificates, requiring—

  1. (a)

     energy producers to include a given share of energy from renewable sources in their production;

  2. (b)

     energy suppliers to include a given share of energy from renewable sources in their supply; or

  3. (c)

     energy consumers to include a given share of energy from renewable sources in their consumption;

• “residues from agriculture, aquaculture, fisheries or forestry” means residues that are directly generated by agriculture, aquaculture, fisheries or forestry, but not including residues from related industries or processing;

• “road vehicle” means a vehicle constructed or adapted for use on roads, but does not include any vehicle which is an excepted vehicle within the meaning given by the 1979 Act M2;

• “RTF account” means an account which is established pursuant to article 7; and

• F24“ship” includes every description of vessel used in navigation, other than non-road transports;

• “soil carbon criteria” means the criteria in paragraph 2(2) of Schedule 1;

• “support scheme” means any instrument, scheme or mechanism F25... that promotes the use of energy from renewable sources by—

  1. (a)

     reducing the cost of that energy;

  2. (b)

     increasing the price at which that energy can be sold; or

  3. (c)

     increasing, by means of a renewable energy obligation or otherwise, the volume of such energy purchased,

  and for this purpose “instrument, scheme or mechanism” includes F26... renewable energy obligations, and direct price schemes including feed-in tariffs and sliding or fixed premium payments F27, and excludes investment aid, tax exemptions or reductions, and tax refunds;

• “sustainability criteria” means the criteria set out in F28Schedule 1;

• F29“sustainable feedstock” means a relevant feedstock, which—

  1. (a)

     to the extent that it consists of material other than forest biomass, residues from agriculture or wastes from agriculture, meets the land criteria;

  2. (b)

     to the extent that it consists of forest biomass, meets the forest criteria;

  3. (c)

     to the extent that it consists of residues from agriculture or wastes from agriculture, meets the land criteria and the soil carbon criteria;

  4. (d)

     F30to the extent that it consists of wastes of fossil origin, meets the sustainable waste management criteria;

• F31“sustainable waste management criteria” means the criteria set out in paragraph 2(4) of Schedule 1;

• F32...

• “type of RTF certificate” means the specification as to the type of renewable transport fuel to which an RTF certificate relates in accordance with article 17(2A);

• “verifier’s assurance report” means a report which meets the requirements of article 16A;

• “waste” means any substance or object which the holder discards, or intends or is required to discard, but does not include any substance or object that has been intentionally modified or contaminated for the purpose of transforming it into a waste;

• “working day” means any day other than—

  1. (a)

     Saturday or Sunday,

  2. (b)

     Christmas Day or Good Friday, or

  3. (c)

     a day which is a bank holiday under the Banking and Financial Dealings Act 1971 M3 in any part of the United Kingdom.

For the purposes of this Order and of section 132(4) of the 2004 Act, “biomass” means the biodegradable portion of—

For the purposes of this Order, an inland waterway vessel or a recreational craft which does not normally operate at sea is to be treated as such only if it does not normally operate beyond the limits of waters in—

where categories A, B and C have the meanings given to them in Merchant Shipping Notice F351837(M) Amendment 2 issued by the Maritime and Coastguard Agency as revised or re-issued from time to time.

For the purposes of this Order—