Explanatory note

This Order amends the Renewables Obligation Order (Northern Ireland) 2009 (“the 2009 Order”) and makes transitional provision.

The 2009 Order imposes an obligation (“the renewables obligation”) on electricity suppliers which supply electricity in Northern Ireland. Suppliers must produce, by a specified day, a certain number of renewables obligation certificates (“NIROCs) in respect of each megawatt hour of electricity that each supplies in Northern Ireland during a specified period known as an obligation period. The renewables obligation is administered by the Northern Ireland Authority for Utility Regulation (“the Authority”) who issue NIROCs to renewable electricity generators in respect of their eligible renewable output.

Article 2 inserts definitions for “ISAE 3000” and “municipal waste” into Article 2 of the 2009 Order and amends the definition of “CHPQA”.

Article 3 amends Article 46 of the 2009 Order, which sets out information to be provided where electricity is generated from biomass. Article 3(2) widens the types of biomass to which Article 46 of the 2009 Order applies. Article 3(3) changes the date by which the information must be provided and changes the nature of some of the information requirements (including the types of biomass to which some of the information requirements apply).

Article 3(5) adds a new restriction on the circumstances in which the default value method can be used to calculate the greenhouse gas emissions from the use of biomass.

Article 3(6) substitutes Article 46(4) of the 2009 Order to remove the requirement on the Authority to refuse the issue of NIROCs if the information is not provided by the 31st August immediately following the obligation period in which the biomass was used. A consequential amendment is made by Article 6 to Article 49 of the 2009 Order.

Article 3(8) omits the definition of “environmental quality assurance scheme” and inserts some new definitions.

Article 4 amends Article 46A of the 2009 Order, which relates to the bioliquid sustainability audit report which implements, in relation to the renewables obligation, the first two sub-paragraphs of Article 18(3) of Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources^f1 and Commission Decision 2011/13/EU on certain types of information about biofuels and bioliquids to be submitted by economic operators to Member States^f2. Article 4(2) changes some of the requirements that must be met by a bioliquid sustainability audit report. Article 4(3) substitutes Article 46A(5) of the 2009 Order so that the audit report is deemed to have been prepared to an adequate standard if it has been prepared in accordance with the ISAE 3000 standard for limited assurance engagements. Article 4(4) inserts a definition for “environmental quality assurance scheme”.

Article 5 inserts Article 46B into the 2009 Order to require a sustainability audit report to be provided to the Authority in respect of the information submitted by the operator of a generating station in accordance with Article 46(3)(c) of the 2009 Order (in the case of biomass which is waste or whole derived from waste) or Article 46(3ZB) of the 2009 Order (in the case of other biomass). There are exceptions for certain types of biomass and the requirement does not apply in the case of generating stations with a total installed capacity of less than 1 megawatt.

Article 7 amends Schedule A2 to the 2009 Order to set out additional circumstances in which fuel (other than bioliquid) meets the land criteria.

Articles 8 and 9 amend Part 2A and 2B of Schedule 2 of the 2009 Order, which set out the amount of electricity to be stated in NIROCs for ground mounted solar PV.

Article 10 amends Schedule 3A to the 2009 Order, which sets out the actual value method for the calculation of greenhouse gas emissions from the use of solid or gaseous biomass. Article 10(2) amends Schedule 3A to ensure that certain residues are treated as having zero life-cycle greenhouse gas emissions up to the process of collection of those materials. Article 10(3) amends Schedule 3A so that certain additives are treated as having zero life-cycle greenhouse gas emissions, provided that they do not exceed 2% by weight of the biomass.

Article 11 makes transitional provision in respect of the obligation period ending on 31st March 2014.

An explanatory memorandum is available alongside this Order on www.legislation.gov.uk.