The Renewables Obligation Order (Northern Ireland) 2009
S.R. 2009/154 · Made 27 March 2009 · Extends to Northern Ireland
Electricity
Laid before the Assembly in draft
Made 27th March 2009
Coming into operation 1st April 2009
The Department of Enterprise, Trade and Investment makes the following Order in exercise of the powers conferred on it by Articles 52 to 55F and 66(3) of the Energy (Northern Ireland) Order 2003f1.
The Department has had regard to those matters stated in Article 54B(4) of that Order.
The Department has consulted the Northern Ireland Authority for Utility Regulation, the General Consumer Council for Northern Ireland, electricity suppliers to whom this Order applies, persons generating electricity from renewable sources in Northern Ireland and such other persons as it considers appropriate.C1
Annotations to the whole text
Modifications
- C1
Rules modified (31.12.2020) by S.I. 2019/289, reg. 5, Sch. 3 (as amended by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(3)(5))
Footnotes
- f1
S.I. 2003/419 (N.I.6); Article 52 to 55F were substituted for Articles 52 to 55 by S.R. 2009 No.35
Contents
- Part 1: Introductory Provisions
- 1Citation and commencement
- 2Interpretation
- 3Waste as a renewable energy source
- 4Biomass and fuels which are to be treated as biomass
- 4AFossil derived bioliquid
- Part 2: The Renewables Obligation
- 5The renewables obligation
- 6Part of calculation A referable to Great Britain
- 7Part of calculation A referable to Northern Ireland
- 8Calculation A
- 9Calculation B
- 10Calculation C Repealed
- 11Determining the number of renewables obligation certificates to be produced in an obligation period
- 12Determining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge his renewables obligation
- 13Further provision in relation to the production of renewables obligation certificates
- Part 3: Matters to be certified by and content of NIROCs
- 14Matters to be certified by NIROCs
- 15When electricity is to be regarded as supplied to customers in Northern Ireland
- 16When electricity used in a permitted way for NIROCs certifying matters within Article 54(5) or (6) of the Energy Order
- Part 4: Cases and circumstances when a NIROC must not be issued
- 17Excluded generating stations
- 18Generating stations first commissioned before 1st January 1990
- 18AGenerating stations accredited for longer than 20 years
- 19Generating stations in respect of which a NFFO arrangement applied but was terminated
- 20Non-commissioned generating stations in respect of which a NFFO arrangement applies
- 21Circumstances in which no NIROCs are to be issued in respect of electricity generated from renewable sources
- 21ZACircumstances in which no NIROCs are to be issued in respect of electricity generated from solid or gaseous biomass
- Part 5: NIROCs to be issued by Authority in respect of renewable output
- 22NIROCs to be issued by Authority in respect of a generation station’s renewable output
- 21ACircumstances in which no NIROCs are to be issued in respect of electricity generated from bioliquid
- 21BCommon agricultural policy requirements
- 23Calculating a generating station’s renewable output
- 24Renewable output of a qualifying combined heat and power generating station
- Part 6: Banding and Grandfathering
- 25The amount of electricity to be stated in each NIROC
- 26Electricity generated by qualifying combined heat and power generating stations
- 26AHigh-range co-firing in the 2013/14 obligation period
- 26BCo-firing of regular bioliquid in the 2013/14 and 2014/15 obligation periods
- 26CLow-range co-firing in the 2013/14 and 2014/15 obligation periods
- 26DLow-range co-firing of relevant energy crops
- 26ELow-range co-firing of relevant energy crops with CHP
- 27Microgenerators and qualifying new small scale generators
- 27AQualifying new onshore wind stations and qualifying new solar photovoltaic stations
- 27BQualifying new hydro stations
- 27CQualifying new anaerobic digestion stations
- 27DMicrogeneration Certification Scheme
- 28Generating stations which were accredited as at 11th July 2006
- 28AWave and tidal stream generating stations
- 29Generating stations which were accredited, or held preliminary accreditation, as at 31st March 2009
- 29AQualifying existing onshore wind stations and qualifying existing solar photovoltaic stations
- 29BQualifying existing hydro stations
- 30Generating stations in respect of which a statutory grant has been awarded
- 31Review of banding provisions
- Part 7: Issue and Revocation of NIROCs
- 32Issue of NIROCs to generators and suppliers
- 33Issue of NIROCs to agents
- 34General criteria for the issue of NIROCs
- 35Further criteria applicable to NIROCs certifying matters within Article 54(3) and (4) of the Energy Order
- 36Further criteria applicable to NIROCs certifying matters within Article 54 (4) and (6) of the Energy Order
- 37Refusing to issue and revoking NIROCs
- 37AWhere NIROCs cannot be revoked
- 38NIROCs: financial bids
- Part 8: Payments to discharge the renewables obligation, dealing with the buy-out and late payment funds
- 39Interpretation
- 40Payments to discharge the renewables obligation
- 41Late Payments to discharge the renewables obligation
- 42Dealing with the buy-out fund: payments into the Consolidated Fund and to the Great Britain authority
- 43Dealing with the late payment fund: payments into the Consolidated Fund and to the Great Britain authority
- 44Dealing with the buy-out and late payment funds: payments to United Kingdom suppliers
- Part 9: Provision of information, functions of the Authority and modifications of this Order in relation to microgenerators in certain circumstances
- 45Provisions of information to the Authority
- 46Information to be provided to the Authority where electricity is generated from biomass ...
- 46ABioliquid sustainability audit report
- 46BSolid and gaseous biomass sustainability audit report
- 47Provision of information to the Department
- 48Exchange of information with the Great Britain authority
- 49Functions of the Authority
- 50Preliminary accreditation and accreditation of generating stations
- 50ARegistration as a grace period generating station
- 51NIROC Register
- 52Modification of this Order in relation to microgenerators in certain circumstances
- 53Revocation, transitional and savings
- Signature
- Schedule A1: GREENHOUSE GAS EMISSION CRITERIA FOR BIOLIQUID
- 1Interpretation
- 2The greenhouse gas emission criteria
- 3Calculating the percentage difference
- 4Calculating the percentage difference
- 5Calculating the percentage difference Repealed
- 6Calculating the percentage difference
- Schedule A1A: Greenhouse gas emission criteria for solid and gaseous biomass
- Part 1: Greenhouse gas emission criteria
- 1Interpretation
- 2The greenhouse gas emission criteria
- 3Calculating the greenhouse gas emissions
- 4Calculating the greenhouse gas emissions
- 5Calculating the greenhouse gas emissions
- Part 2: Actual value method
- 6Paragraph 6
- 7Paragraph 7
- Part 3: Default value method
- 8Paragraph 8
- 9Paragraph 9
- 4Default greenhouse gas emissions from the production of biomass
- Schedule A2: LAND CRITERIA
- 1Interpretation
- 2Land criteria: bioliquids
- 3Land criteria: woody biomass
- 4Land criteria: other fuels
- 5Protected sources
- 6Sustainable source
- 7Exempt purposes
- Schedule 1CALCULATION OF THE OBLIGATION
- Schedule 2: ELECTRICITY TO BE STATED IN NIROCs
- Part 1: INTERPRETATION
- 1Paragraph 1
- 2AMOUNT OF ELECTRICITY TO BE STATED IN NIROCs ISSUED FOR ELECTRICITY GENERATED USING PRE-2013 CAPACITY
- 2AAMOUNT OF ELECTRICITY TO BE STATED IN NIROCs ISSUED FOR ELECTRICITY GENERATED USING 2013/14 CAPACITY AND 2014/15 CAPACITY
- 2BAMOUNT OF ELECTRICITY TO BE STATED IN NIROCs ISSUED FOR ELECTRICITY GENERATED USING 2015/16 CAPACITY OR POST-2016 CAPACITY
- 2CAMOUNT OF ELECTRICITY TO BE STATED IN NIROCs ISSUED FOR ELECTRICITY GENERATED USING PRE-2013 CAPACITY OR 2013/15 CAPACITY WHERE ARTICLE 26(3) OR (4) APPLIES
- 2DAMOUNT OF ELECTRICITY TO BE STATED IN NIROCS ISSUED FOR ELECTRICITY GENERATED USING 2015/16 CAPACITY WHERE ARTICLE 26(5) OR (6)APPLIES
- 2EAMOUNT OF ELECTRICITY TO BE STATED IN NIROCS ISSUED FOR ELECTRICITY GENERATED USING POST-2016 CAPACITY WHERE ARTICLE 26(7) APPLIES
- 3AMOUNT OF ELECTRICITY TO BE STATED IN NIROCS WHERE ARTICLE 28(3) APPLIES
- 4AMOUNT OF ELECTRICITY TO BE STATED IN NIROCS WHERE ARTICLE 28(5) OR ARTICLE 29(4) APPLIES
- Schedule 3: The NIROC Register
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Schedule 3A: ACTUAL VALUE METHOD FOR CALCULATING EMISSIONS FROM THE USE OF BIOMASS
- 1Paragraph 1
- 2Paragraph 2
- Schedule 3B: DEFAULT VALUE METHOD FOR CALCULATING EMISSIONS FROM THE USE OF BIOMASS
- Part 1: METHOD FOR CALCULATING EMISSIONS
- 1Paragraph 1
- 2Paragraph 2
- 2DEFAULT GREENHOUSE GAS EMISSIONS FROM THE PRODUCTION OF BIOMASS
- Explanatory note