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The Renewables Obligation Order (Northern Ireland) 2009

Type Ni-Statutory-Rule
Publication 2009-03-27
Last updated 2026-03-24
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
PDF Download
articles 8
Reform history JSON API

[^key-db422c3044d3a9b079e320fb35f2cb37]: Words in Sch. 2 Pt. 1 para. 1 substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 31(8) (with art. 34)

[^key-b14ee27718aa12d40d262592f82e8e9e]: Words in Sch. 2 Pt. 1 para. 1 substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 31(9) (with art. 34)

[^key-cf5f66fd4444924ddd2daca46365264d]: Words in Sch. 2 Pt. 1 para. 1 inserted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 31(11)(a) (with art. 34)

[^key-f74c088a86d6086f420e09510ae13195]: Sch. 2 Pt. 1 para. 1 comma and words omitted (1.5.2013) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 31(11)(b) (with art. 34)

[^key-9594de43ed5a2dd72b7579b373650bb3]: Words in Sch. 2 Pt. 1 para. 1 substituted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 31(12) (with art. 34)

[^key-4b2ed29073b3de21af8e138cca9e3731]: Words in Sch. 2 Pt. 1 para. 1 omitted (1.5.2013) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 31(13) (with art. 34)

[^key-2829874269cc77b1fb8df30bb69864b9]: Word in Sch. 2 Pt. 1 para. 1(2)(a) omitted (1.5.2013) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 31(14) (with art. 34)

[^key-6d70bdc1b8068584ffe18da90fdb4353]: Sch. 2 Pt. 1 paras. 1(2)(c), (d) inserted (1.5.2013) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2013 (S.R. 2013/116), arts. 1(1), 31(15) (with art. 34)

[^key-652b641900ebdaa20e9d39613b76f8a3]: Art. 26 substituted (1.7.2013) by The Renewables Obligation (Amendment No. 2) Order (Northern Ireland) 2013 (S.R. 2013/174), arts. 1(1), 2

[^key-f7720d52ffaf9d638f381672cd473e35]: Art. 46B inserted (1.6.2014) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2014 (S.R. 2014/146), arts. 1(1), 5 (with art. 11)

[^key-cc870cbe0488bd4dfb8ff532c5c56e9b]: Sum in Sch. 2 Pt. 2A Table substituted (1.6.2014) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2014 (S.R. 2014/146), arts. 1(1), 8 (with art. 11)

[^key-7e1bd1d432933b9569d21cc979b96805]: Sum in Sch. 2 Pt. 2B Table substituted (1.6.2014) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2014 (S.R. 2014/146), arts. 1(1), 9(a) (with art. 11)

[^key-c500f10d6e836ea58f5f9602dbfd1b9b]: Sum in Sch. 2 Pt. 2B Table substituted (1.6.2014) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2014 (S.R. 2014/146), arts. 1(1), 9(b) (with art. 11)

[^key-d0e3346c1831f9ca0ab69cd52e7364d1]: Words in art. 2(1) inserted (1.6.2014) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2014 (S.R. 2014/146), arts. 1(1), 2(2) (with art. 11)

[^key-2f8528a6739ad3ba27d9566fd026a227]: Art. 46A(3)(b)-(da) substituted for (1.6.2014) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2014 (S.R. 2014/146), arts. 1(1), 4(2) (with art. 11)

[^key-aca3ae91b8b5d950423137e32d30c674]: Art. 46A(5) substituted (1.6.2014) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2014 (S.R. 2014/146), arts. 1(1), 4(3) (with art. 11)

[^key-e634e651346832399a5b6658e047bf3f]: Words in art. 46A(8) substituted (1.6.2014) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2014 (S.R. 2014/146), arts. 1(1), 4(4) (with art. 11)

[^key-8e51b7de8eb12fb8c1e961932f55214c]: Words in art. 49(2)(b) omitted (1.6.2014) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2014 (S.R. 2014/146), arts. 1(1), 6 (with art. 11)

[^key-efe6acfd7cf86103ba95c0de35ff3b2a]: Art. 27 substituted (1.7.2015) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/287), arts. 1(1), 2 (with art. 4)

[^key-b505708152ba2f00f9b3cf3231173f6c]: Art. 27A(3) substituted (1.7.2015) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/287), arts. 1(1), 3 (with art. 4)

[^key-1d11398581f48869d227657a46134e08]: Art. 21ZA inserted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 4 (with art. 12)

[^key-edc629613761367643be321ba488d75f]: Sch. 3A omitted (1.3.2016) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 11 (with art. 12)

[^key-b477d5537c3f0105768fbfb7d0a81848]: Sch. 3B omitted (1.3.2016) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 11 (with art. 12)

[^key-cbcb75ca760fea1bf7e35a1ffdb7fdf8]: Sch. A1A inserted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 9, Sch. 1 (with art. 12)

[^key-4d048585160eac94250798993cc68cbf]: Sch. A2 substituted for (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 10, Sch. 2 (with art. 12)

[^key-2acdd4040fb92f4d9708d5fc96afc209]: Words in art. 2(1) inserted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 2(a) (with art. 12)

[^key-8a597a191e5615ec745f1a0c744db9c1]: Words in art. 2(1) inserted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 2(b) (with art. 12)

[^key-a4bbf14477dab1df6df5d944a9507bc8]: Words in art. 2(1) omitted (1.3.2016) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 2(c) (with art. 12)

[^key-a9c5c409413737b7628b5c4d028fe64b]: Words in art. 2(1) substituted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 2(d) (with art. 12)

[^key-454ef087a71d6efaff58d6694b338829]: Words in art. 2(1) substituted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 2(e) (with art. 12)

[^key-b4f2909e77299181a04e1bf07d107b66]: Words in art. 2(1) inserted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 2(f) (with art. 12)

[^key-f2f75f7b6c0b70362fa6ce4c11eef637]: Words in art. 2(1) substituted (1.3.2016) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 2(g) (with art. 12)

[^key-7ef62058a57c89620da2a8eae682644d]: Words in art. 2(1) substituted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 2(h) (with art. 12)

[^key-fdbf75a5ecbedc2370900ab4f6fd6262]: Words in art. 2(1) substituted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 2(i) (with art. 12)

[^key-a871a4618183052b00c1b57e7ae30207]: Words in art. 4(1A)(a) substituted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 3(a) (with art. 12)

[^key-97fd9e6d760e636e28a9c0d4673434ca]: Words in art. 4(1B)(a) substituted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 3(b) (with art. 12)

[^key-048dbdb1c1da98da7c778dcdb6b39a46]: Words in art. 4(7) substituted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 3(c) (with art. 12)

[^key-d311bfc178282b70cd5b0477ff236d1e]: Arts. 21B(b)(i)-(iii) substituted for art. 21B(b)(i) (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 5 (with art. 12)

[^key-42b6f8c3ff95ad17d90e87ee87ae3a78]: Words in art. 22(2) substituted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 6(a) (with art. 12)

[^key-a8cee5e8a02d17f37629cbbb5d6c2be2]: Art. 22(2A)-(2B) inserted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 6(b) (with art. 12)

[^key-44967a2ac80e030c6497c367dfe8c056]: Art. 46 substituted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 7 (with art. 12)

[^key-ccfdf075ad4ead5d3b72bc0d70b6f6bc]: Words in art. 46B(2)(a)(b) omitted (1.3.2016) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 8(a)(i) (with art. 12)

[^key-2c99e156b676f2c57ffe1ed06c15a242]: Word in art. 46B(2)(b) substituted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 8(a)(ii) (with art. 12)

[^key-9e2055571b3c82b64cc727093fe7f6f6]: Words in art. 46B(6)(a)(b) omitted (1.3.2016) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 8(b)(i) (with art. 12)

[^key-15803f6903175f02480e48afb0b54b0e]: Word in art. 46B(6)(b) substituted (1.3.2016) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2016 (S.R. 2016/84), arts. 1(1), 8(b)(ii) (with art. 12)

[^key-37d10b5ebef584250f76ae028cd2d1bb]: Words in art. 2(1) substituted (1.1.2017) by The Combined Heat and Power Quality Assurance Regulations 2016 (S.I. 2016/1108), regs. 1(1), 5

[^key-0310b26175eab8d04b098d532c06ff32]: Words in art. 2(1) substituted (1.1.2018) by The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 13(2)

[^key-5c2093ba6494fe44892e598de94bf15e]: Art. 2(8) inserted (1.1.2018) by The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 13(3)

[^key-58e72cd5a7b70f15cc2e87eb07d42f32]: Word in art. 46(4)(d) omitted (1.1.2018) by virtue of The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 14(2)(a)

[^key-e78d9b41489eeb3adef8253338586ef0]: Words in art. 46(4)(e)(v) substituted (1.1.2018) by The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 14(2)(b)

[^key-6bda2b2769005a94b05697843f22aeba]: Art. 46(4)(f) inserted (1.1.2018) by The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 14(2)(c)

[^key-b308d5ca2b5dbd11f1c93f9ef57ed359]: Word in art. 46(10) omitted (1.1.2018) by virtue of The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 14(3)(a)

[^key-b2ee6399360981a64590ee1136a4707a]: Words in art. 46(10) substituted (1.1.2018) by The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 14(3)(b)

[^key-0e443d5f68ca05307fe64dbc971f34dd]: Words in art. 46(10) inserted (1.1.2018) by The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 14(3)(c)

[^key-c77ae4e219f900393d7bbebd33dab466]: Words in Sch. A1 para. 1 substituted (1.1.2018) by The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 15(2)(b)

[^key-57cd23383ca0d5d3edb29a840ee39e98]: Sch. A1 para. 5 omitted (1.1.2018) by virtue of The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 15(3)

[^key-1bb0f92d97acd90026bd99b1b13d29c7]: Sch. A1 para. 6 substituted (1.1.2018) by The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 15(4)

[^key-db95bbe215ee40415099aebc1bce4b4a]: : Sch. A2 para. 1 renumbered as para. 1(1) (1.1.2018) by The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 16(2)

[^key-1dd6a6d962bbf500c44a894c4f54c50c]: Sch. A2 para. 1(2) inserted (1.1.2018) by The Renewables Obligation (Amendment) Regulations 2017 (S.I. 2017/1234), regs. 1(2), 16(3)

[^key-db104cb1ad618d048a14bfc30da306d1]: art. 21B renumbered as art. 21B(1) (31.12.2020) by The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/35), reg. 1(2), Sch. 3 para. 2(2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-738aaadfa522aa7ef7db5fb4fea4794c]: Words in art. 21B(1)(a)(ii) substituted (31.12.2020) by The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/35), reg. 1(2), Sch. 3 para. 2(3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-376f6640111da9adee724610802a7aad]: Art. 21B(2) inserted (31.12.2020) by The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/35), reg. 1(2), Sch. 3 para. 2(4); 2020 c. 1, Sch. 5 para. 1(1)

[^key-3f02994fb5a74ac40a63ac39c1c2f682]: Words in art. 21B(2) substituted in earlier amending provision S.I. 2019/35, Sch. 3 para. 2(4) (31.12.2020) by The Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration and Renewables Obligation (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/849), regs. 1(2), 3(4)

[^key-829dd7159169641f5021807ccea7d395]: Art. 2(1) temp. (modified) (1.6.2021) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2021 (S.R. 2021/139), arts. 1(1), 2(2)

[^key-3768fb45cc6faf1307823ec205352c48]: Words in art. 2(1) inserted (24.3.2026) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2026 (S.R. 2026/67), arts. 1, 2(2)

[^key-b428a25512864798a414b0f9fa1480c8]: Word in art. 40(4)(a) omitted (24.3.2026) by virtue of The Renewables Obligation (Amendment) Order (Northern Ireland) 2026 (S.R. 2026/67), arts. 1, 3(a)

[^key-d4d0736dfc42d1b3cc8a2202a9b86c8d]: Art. 40(4)(c) and words inserted (24.3.2026) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2026 (S.R. 2026/67), arts. 1, 3(c)

[^key-304b23ae5cf2e62fa6b19d4f3eef2790]: Words in art. 40(4)(b) substituted (24.3.2026) by The Renewables Obligation (Amendment) Order (Northern Ireland) 2026 (S.R. 2026/67), arts. 1, 3(b)

Generating stations accredited for longer than 20 years

18A

  • (1) Subject to paragraphs (2) and (3), NIROCs are not to be issued in respect of any electricity generated—
  • (a) by an existing generating station, after 31st March 2027;
  • (b) by a new generating station, on or after the 20th anniversary of the date on which it was accredited or 31stMarch 2037 (whichever is the earlier).
  • (2) Where, at the time it generates electricity, a generating station’s total installed capacity is greater than its original capacity, paragraph (1) applies only in relation to NIROCs which are to be issued in respect of electricity generated using the station’s original capacity.
  • (3) In relation to the remainder of the electricity generated by the generating station, NIROCs are not to be issued in respect of any electricity generated on or after the 20th anniversary of the date on which, in the Authority’s view, the additional capacity first formed part of the station or 31stMarch 2037 (whichever is the earlier).
  • (4) Where electricity generated by a generating station using additional capacity added at a particular time (“relevant additional capacity”) is not measured separately from—
  • (a) electricity generated by it using additional capacity (if any) which was added to it at a different time, or
  • (b) electricity generated by it using its original capacity,

the electricity generated by it which is to be treated (for the purposes of paragraph (3)) as having been generated using the relevant additional capacity is the relevant percentage (the relevant percentage for these purposes being the relevant additional capacity at the date of generation of the electricity expressed as a percentage of the station’s total installed capacity at that date).

  • (5) In this Article—
  • “existing generating station” means a generating station which was accredited as at 25th June 2008;
  • “new generating station” means a generating station which was accredited after 25th June 2008;
  • “original capacity”, in relation to a generating station, means—in the case of an existing generating station, the capacity of the station as accredited and any additional capacity which (in the Authority’s view) formed part of the station by 25th June 2008;in the case of a new generating station, the capacity of the station as accredited.

Generating stations in respect of which a NFFO arrangement applied but was terminated

Non-commissioned generating stations in respect of which a NFFO arrangement applies

Circumstances in which no NIROCs are to be issued in respect of electricity generated from renewable sources

Qualifying onshore wind stations and qualifying solar photovoltaic stations

27A

  • (1) This Article applies to a generating station which is—
  • (a) a qualifying new onshore wind station; or
  • (b) a qualifying new solar photovoltaic station.
  • (2) The amount of electricity to be stated in each NIROC to be issued in respect of electricity generated by a qualifying new onshore wind station to which this Article applies is—
  • (a) in relation to a station which has not had a declared net capacity in excess of 250kilowatts at any time after 31stMarch 2010, ¼megawatt hour;
  • (b) in relation to a station which has had a declared net capacity in excess of 250kilowatts but not exceeding 5megawatts at any time after 31stMarch 2010, 1megawatt hour.
  • (3) The amount of electricity to be stated in each NIROC to be issued in respect of electricity generated by a qualifying new solar photovoltaic station to which this Article applies is—
  • (a) in relation to a 2010/2015 qualifying new solar photovoltaic station which has not had a declared net capacity in excess of 50 kilowatts at any time after 31stMarch 2010, $14$of a megawatt hour;
  • (b) in relation to a 2015/2016 qualifying new solar photovoltaic station which has not had a declared net capacity in excess of 50 kilowatts at any time after 30thSeptember 2015, $13$ of a megawatt hour;
  • (c) in relation to a 2016/2017 qualifying new solar photovoltaic station which has not had a declared net capacity in excess of 50 kilowatts at any time after 30thSeptember 2016, $12$ of a megawatt hour;
  • (d) in relation to a qualifying new solar photovoltaic station which has had a declared net capacity in excess of 50 kilowatts but not exceeding 250 kilowatts at any time after 31stMarch 2010, $12$ of a megawatt hour.

Qualifying hydro stations

27B

  • (1) This Article applies to a generating station which is a qualifying new hydro station.
  • (2) The amount of electricity to be stated in each NIROC which is issued in respect of electricity generated by a generating station to which this Article applies is—
  • (a) in relation to a qualifying new hydro station which has not had a declared net capacity in excess of 20 kilowatts at any time after 31st March 2010, ¼ megawatt hour;
  • (b) in relation to a qualifying new hydro station which has had a declared net capacity in excess of 20 kilowatts but not in excess 250 kilowatts at any time after 31st March 2010, ⅓ megawatt hour;
  • (c) in relation to a qualifying new hydro station which has had a declared net capacity in excess of 250kilowatts but not in excess of 1 megawatt at any time after 31stMarch 2010, ½megawatt hour;
  • (d) in relation to a qualifying new hydro station which has had a declared net capacity in excess of 1megawatt but not in excess of 5megawatts at any time after 31stMarch 2010, 1megawatt hour.

Generating stations which were accredited as at 11th July 2006

Generating stations which were accredited, or held preliminary accreditation, as at 31st March 2009

Generating stations in respect of which a statutory grant has been awarded

Review of banding provisions

Where NIROCs cannot be revoked

37A

  • (1) A NIROC cannot be revoked where it has been produced to the Authority under Article 5 (the renewables obligation).
  • (2) Nor can a NIROC be revoked by the Authority under Article 37(2) or (4) more than six years after it has been issued.
  • (3) Where the Authority would have revoked a NIROC (“the original NIROC”) under Article 37(2) or (4) but for the fact that it has already been produced to it under Article 5, the Authority must, subject to paragraph (4), refuse to issue a further NIROC (“the further NIROC”) in respect of electricity generated by the generating station in relation to which the original NIROC was issued.
  • (4) The Authority shall refuse to issue the further NIROC under paragraph (3) only if the original NIROC was—
  • (a) issued no more than six years previously, and
  • (b) not issued to an electricity supplier under Article 32(2) and (3).

NIROCs: financial bids

Fossil derived bioliquid

4A

  • (1) For the purpose of this Order, fossil derived bioliquid is to be treated as being in part composed of (or in part derived from) fossil fuel.
  • (2) Where fossil derived bioliquid (not being waste) is used, whether on its own or not, to fuel a generating station, the proportion of fossil derived bioliquid which is to be treated as being composed of (or derived from) fossil fuel—
  • (a) is to be determined by the Authority, and
  • (b) is the energy content of the fossil fuel from which the fossil derived bioliquid is directly or indirectly derived expressed as a percentage of the energy content of the fossil derived bioliquid as a whole.
  • (3) It is for the operator of the generating station to demonstrate to the Authority’s satisfaction what proportion of the fossil derived bioliquid is to be treated as being composed of (or derived from) fossil fuel.
  • (4) When determining that proportion the Authority is entitled to have regard to any material (whether or not produced to it by the operator of the generating station) if, in its opinion, that material indicates what proportion of the fossil derived bioliquid is to be treated as being composed of (or derived from) fossil fuel.

Circumstances in which no NIROCs are to be issued in respect of electricity generated from bioliquid

21A

  • (1) No NIROCs are to be issued in respect of any electricity generated by a generating station from bioliquid unless the bioliquid meets the greenhouse gas emission criteria and the land criteria.
  • (2) It is for the operator of the generating station to demonstrate to the Authority’s satisfaction that the bioliquid meets the greenhouse gas emission criteria and the land criteria.
  • (3) Where paragraph (4) applies to a consignment of bioliquid, mass balance system must be used for the purpose of demonstrating that bioliquid meets the greenhouse gas emission criteria and the land criteria.
  • (4) This paragraph applies to a consignment of bioliquid where—
  • (a) the consignment of bioliquid was withdrawn from a mixture containing consignments of bioliquid with differing sustainability profiles; or
  • (b) consignments of the biomaterial from which the consignment of bioliquid was made were withdrawn from a mixture containing consignments of biomaterial with differing sustainability profiles.
  • (5) For the purposes of paragraph (3), a mass balance system is a system which—
  • (a) provides for the sustainability profiles of the consignments of biomaterial or bioliquid added to a mixture to be attributed to the consignments withdrawn from that mixture; and
  • (b) requires the sustainability profiles attributed to the sum of all the consignments withdrawn from a mixture to be the same, and in the same quantities, as the sustainability profile of the sum of all the consignments added to that mixture.
  • (6) For the purposes of paragraphs (4) and (5)—
  • (a) the sustainability profile of a consignment of biomaterial is—
  • (i) information identifying the material of which the biomaterial is composed; and
  • (ii) information relating to the biomaterial to be used for the purpose of determining whether bioliquid made from the biomaterial meets the greenhouse gas emission criteria and the land criteria;
  • (b) the sustainability profile of a consignment of bioliquid is information identifying—
  • (i) the material of which the bioliquid is composed; and
  • (ii) the proportion that meets the greenhouse gas emission criteria and the land criteria.

Common agricultural policy requirements

21B

  • (1) No NIROCs are to be issued in respect of any electricity generated by a generating station from bioliquid if—
  • (a) the bioliquid is derived from biomaterial which—
  • (i) is of agricultural origin;
  • (ii) cultivated in the United Kingdom or the EU ; and
  • (iii) is not waste; and
  • (b) the Authority is satisfied that the biomaterial referred to in sub-paragraph (a) was—
  • (i) cultivated in a manner that breached a requirement or standard listed in the third column of the table in Annex 2 to Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy (“the 2013 Regulation”) and corresponding to the entry in the first column of that table for “environment, climate change, good agricultural condition of land;
  • (ii) cultivated in a manner that breached statutory management requirement number 10 in Annex 2 to the 2013 Regulation; or
  • (iii) obtained from land which does not meet the minimum requirements for good agricultural and environmental condition defined pursuant to Article 94 of the 2013 Regulation.
  • (2) In paragraph (1), a reference to the 2013 Regulation is a reference to—
  • (a) in relation to biomaterial cultivated in the United Kingdom on or after IP completion day , the 2013 Regulation as it forms part of domestic law;
  • (b) in any other case, the 2013 Regulation as it has effect in EU law.

Calculating a generating station’s renewable output

Renewable output of a qualifying combined heat and power generating station

Microgenerators and qualifying new small scale generators

Qualifying new onshore wind stations and qualifying new solar photovoltaic stations

Qualifying new hydro stations

Qualifying new anaerobic digestion stations

27C

  • (1) This Article applies to a generating station which is a qualifying new anaerobic digestion station.
  • (2) The amount of electricity to be stated in each NIROC which is issued in respect of electricity generated by a generating station to which this Article applies is—
  • (a) in relation to a qualifying new anaerobic digestion station which has not had a declared net capacity in excess of 500 kilowatts at any time on or after 26th April 2010, ¼ megawatt hour;
  • (b) in relation to a qualifying new anaerobic digestion station which has had a declared net capacity in excess of 500 kilowatts at any time on or after 26th April 2010, ⅓ megawatt hour.

Microgeneration Certification Scheme

27D

  • (1) This Article applies to a generating station which-
  • (a) is a microgenerator;
  • (b) was first accredited after 31st March 2011; and is
  • (c) an onshore wind station; or a solar photovoltaic station.
  • (2) Accreditation of a generating station to which this Article and either Article 27 or 27A applies is conditional upon the operator of the generating station providing to the Authority an MCS certificate which confirms that the plant or apparatus have been installed in compliance with MCS criteria.

Generating stations which were accredited as at 11th July 2006

Generating stations which were accredited, or held preliminary accreditation, as at 31st March 2009

Qualifying existing onshore wind stations and qualifying existing solar photovoltaic stations

29A

  • (1) This Article applies to a qualifying existing onshore wind station or a qualifying existing solar photovoltaic station.
  • (2) For the purposes of paragraph (1)
  • (a) “qualifying existing onshore wind station” means a generating station which—
  • (i) generates electricity from onshore wind,
  • (ii) was accredited on or before 31st March 2010, and
  • (iii) has not had a declared net capacity in excess of 250 kilowatts at any time after 31st March 2010;
  • (b) “qualifying existing solar photovoltaic station” means a generating station which—
  • (i) generates electricity from the direct conversion of sunlight into electricity,
  • (ii) was accredited on or before 31st March 2010, and
  • (iii) has not had a declared net capacity in excess of 50 kilowatts at any time after 31st March 2010;
  • (3) Subject to paragraph (4) Articles 25(4) and (5), 27 and 28 (as appropriate) shall apply for the purposes of determining the amount of electricity to be stated in each NIROC which is issued in respect of electricity generated by a generating station to which this Article applies.
  • (4) Where, at the time it generates electricity, to which a NIROC relates, the total installed capacity of a generating station to which this Article applies is greater than it was on 31st March 2010—
  • (a) the provisions referred to in paragraph (3) apply only in relation to NIROCs which are to be issued in respect of electricity generated using the station’s original capacity; and
  • (b) the amount of electricity to be stated in each NIROC which is issued in respect of electricity generated using the station’s additional capacity is ¼ megawatt hour.
  • (5) In this Article and Article 29B—
  • “additional capacity” means capacity which does not form part of the capacity of the station as at 31st March 2010
  • “original capacity” means, in the case of an existing generating station, the capacity of the station as accredited and any additional capacity which (in the Authority’s view) formed part of the station as at 31st March 2010.
  • (6) Where electricity generated by a generating station using additional capacity is not measured separately from electricity generated by it using its original capacity, the electricity generated by it which is to be treated (for the purposes of paragraphs (3) and (4)) as having been generated using the relevant additional capacity is the relevant percentage (the appropriate percentage for these purposes being the additional capacity of the station expressed as a percentage of the total installed capacity of the station as at the date of the generation of the electricity).

Qualifying existing hydro stations

29B

  • (1) This Article applies to a generating station which is a qualifying existing hydro station, that is to say; a hydro generating station which was accredited on or before 31st March 2010 and has not had a declared net capacity in excess of 1 megawatt at any time after 31st March 2010;
  • (2) Subject to paragraph (3) Articles 25(4) and (5), 27 and 28 (as appropriate) shall apply for the purposes of determining the amount of electricity to be stated in each NIROC which is issued in respect of electricity generated by a generating station to which this Article applies..
  • (3) Where, at the time it generates the electricity, the generating station’s total installed capacity is greater than it was on 31st March 2010—
  • (a) the provisions referred to in paragraph (2) apply only in relation to NIROCs which are to be issued in respect of electricity generated using the station’s original capacity; and
  • (b) the amount of electricity to be stated in each NIROC which is issued in respect of electricity generated using the station’s additional capacity is—
  • (i) in relation to additional capacity which, taken together with the original capacity, does not exceed 20 kilowatts, ¼ megawatt hour;
  • (ii) in relation to additional capacity which, taken together with the original capacity, exceeds 20 kilowatts but does not exceed 250 kilowatts, ⅓ megawatt hour;
  • (iii) in relation to additional capacity which, taken together with the original capacity, exceeds 250 kilowatts, ½ megawatt hour.
  • (4) Where electricity generated by a generating station using additional capacity is not measured separately from electricity generated by it using its original capacity, the electricity generated by it which is to be treated (for the purposes of paragraphs (2) and (3)) as having been generated using the relevant additional capacity is the relevant percentage (the appropriate percentage for these purposes being the additional capacity of the station expressed as a percentage of the total installed capacity of the station as at the date of the generation of the electricity.

Generating stations in respect of which a statutory grant has been awarded

Review of banding provisions

Bioliquid sustainability audit report

46A

  • (1) This Article applies to a generating station which generates electricity (wholly or partly) from bioliquid in respect of which the operator of the generating station has submitted sustainability information.
  • (2) In relation to each consignment of bioliquid used in a generating station to which this Article applies, the operator of the station must, by the 31st May immediately following the obligation period during which the bioliquid referred to in paragraph (1) is used (“the relevant date”), provide the Authority with a sustainability audit report meeting the requirements specified in paragraph (3).
  • (3) The requirements specified in this paragraph are that the sustainability audit report must—
  • (a) be prepared by a person who is not—
  • (i) the owner or operator of the generating station; or
  • (ii) a connected person, in relation to the owner or operator of the generating station;
  • (b) consider whether the systems used to produce the relevant sustainability information are likely to produce information which is reasonably accurate and reliable;
  • (ba) consider whether there are controls in place to help protect the relevant sustainability information against material misstatements due to fraud or error;
  • (c) consider the frequency and methodology of any sampling carried out for the purpose of obtaining or checking the data on which the operator relied in preparing the relevant sustainability information;
  • (d) consider the robustness of the data on which the operator relied in preparing the relevant sustainability information;
  • (da) state whether anything has come to the attention of the person preparing the report to indicate that the relevant sustainability information is not accurate;
  • (e) be prepared to an adequate standard;
  • (f) identify whether the bioliquid was certified under an environmental quality assurance scheme, and if so—
  • (i) state the name of the scheme, and
  • (ii) identify whether the European Commission has adopted a decision under article 18(4) of the Renewables Directive in respect of the scheme; and
  • (g) where the bioliquid was not derived from waste or residue and the actual value method or the mixed value method was used for the purpose of calculating the greenhouse gas emissions from the use of the bioliquid, identify—
  • (i) whether a restored degraded land bonus was included in the calculation of the greenhouse gas emissions from the use of the bioliquid, and
  • (ii) whether an emission saving from soil carbon accumulation via improved agricultural management was included in the calculation of the greenhouse gas emissions from the use of the bioliquid.
  • (4) Subject to paragraph (5), it is for the operator of the generating station to demonstrate to the Authority’s satisfaction that the sustainability audit report was prepared to an adequate standard.
  • (5) A sustainability audit report shall be deemed to have been prepared to an adequate standard if it has been prepared in accordance with the requirements in respect of limited assurance engagements prescribed in ISAE 3000, or an equivalent standard.
  • (6) Where, in relation to bioliquid used in a generating station to which this Article applies, the operator of the station fails to provide the Authority with a sustainability audit report meeting the requirements specified in paragraph (3) by the relevant date, the Authority must, in relation to any NIROCs to which the operator would otherwise be entitled, postpone the issue of those NIROCs (up to the specified number) until such time as the sustainability audit report is provided.
  • (7) For the purposes of paragraph (6), the specified number is the number of NIROCs which the Authority has or estimates that it has or, but for this Article, would have issued in respect of the electricity generated by the bioliquid in relation to which a sustainability audit report meeting the requirements specified in paragraph (3) should have been provided.
  • (8) In this Article—
  • “actual value method” has the same meaning as in Schedule A1;
  • “emission saving from soil carbon accumulation via improved agricultural management” has the same meaning as in Part C of Annex 5 to the Renewables Directive as amended from time to time;
  • “environmental quality assurance scheme” means a voluntary scheme which establishes environmental or social standards in relation to the production of bioliquid or matter from which a bioliquid is derived;
  • “mixed value method” has the same meaning as in Schedule A1;
  • “relevant sustainability information”, in relation to a consignment of bioliquid, means the sustainability information submitted by the operator of the generating station in respect of the consignment;
  • “restored degraded land bonus” means the bonus referred to in paragraphs 7 and 8 of Part C of Annex 5 to the Renewables Directive.

Provision of information to the Department

Exchange of information with the Great Britain authority

Functions of the Authority

Preliminary accreditation and accreditation of generating stations

NIROC Register

Modification of this Order in relation to microgenerators in certain circumstances

Revocation, transitional and savings

SCHEDULE A1 — GREENHOUSE GAS EMISSION CRITERIA FOR BIOLIQUID

Interpretation

1

In this Schedule—

  • “actual value method” means the calculation method for greenhouse gas emissions from the production and use of bioliquids provided for in paragraphs 1, 2 and 5 to 18 of Part C of Annex 5 to the Renewables Directive;
  • “default percentage” means—in relation to bioliquid described in the first column of Part A or Part B of Annex 5 to the Renewables Directive—the percentage (if any) which corresponds to that description in the third column of Part A or Part B of that Annex; orwhere a percentage corresponding to that description is not set out in the third column of Part A or Part B of that Annex, the percentage which complies with the provision corresponding to that description in the second column of Part A or Part B of that Annex;in all other cases, zero %;
  • “disaggregated default values” means, in relation to a bioliquid described in the first column of a table in Part D or Part E of Annex 5 to the Renewables Directive, the value which corresponds to that description in the third column of that table in Part D or Part E of Annex 5 to the Renewables Directive;
  • ...
  • “greenhouse gas emissions from the use of fossil fuel” means the value given in paragraph 19 of Part C of Annex 5 to the Renewables Directive as the fossil fuel comparator for bioliquids used for electricity production;
  • “mixed value method” means the calculation method for greenhouse gas emissions from the production and use of bioliquids provided for in paragraphs 1, 2 and 5 to 18 of Part C of Annex 5 to the Renewables Directive, but using one or more disaggregated default values for the bioliquid when carrying out the calculation set out in paragraph 1 of Part C of that Annex; and
  • “relevant percentage” means—in relation to bioliquid produced by an installation that started producing liquid fuel from biomaterial before 6th October 2015—35% in the case of bioliquid used to generate electricity before 1st January 2017;50% in the case of bioliquid used to generate electricity on or after 1st January 2017;in relation to bioliquid produced by an installation that started producing liquid fuel from biomaterial on or after 6th October 2015—35% in the case of bioliquid used to generate electricity before 1st January 2017;50% in the case of bioliquid used to generate electricity on or after 1st January 2017 but before 1st January 2018;60% in the case of bioliquid used to generate electricity on or after 1st January 2018.

The greenhouse gas emission criteria

2

Where bioliquid is used to generate electricity, it meets the greenhouse gas emission criteria if—

  • (a) the greenhouse gas emissions from its use are lower, by at least the relevant percentage, than the greenhouse gas emissions from the use of fossil fuel; or
  • (b) the bioliquid was—
  • (i) produced by an installation that was producing bioliquid on 23rd January 2008; and
  • (ii) used to generate electricity before 1st April 2013.

Calculating the percentage difference

3

For the purposes of paragraph 2, the percentage difference between the greenhouse gas emissions from the use of the bioliquid and the greenhouse gas emissions from the use of fossil fuel is—

  • (a) to be calculated using one of the following methods—
  • (i) the actual value method; or
  • (ii) the mixed value method; or
  • (b) the default percentage.

4

The mixed value method must not be used for the purposes of paragraph 2 unless the bioliquid is described in the first column of a table in Part D or Part E of Annex 5 to the Renewables Directive.

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

The default percentage must not be used for the purposes of paragraph 2 unless, in relation to the bioliquid, the result of the calculation in paragraph 7 of Part C of Annex 5 to the Renewables Directive is equal to, or less than, zero.

SCHEDULE A2 — LAND CRITERIA

Interpretation

1

  • (1) In this Schedule—
  • “continuously forested area” means land of an area of more than one hectare which includes—trees more than 5 metres tall providing a tree canopy cover of more than 30%; ortrees collectively having the capacity to provide a tree canopy cover of more than 30% which—are more than 5 metres tall; orhave the capacity to grow to a height of more than 5 metres;
  • “designated for nature protection purposes” means designated pursuant to the law of the United Kingdom or of any part of the United Kingdom or pursuant to the law of any country or territory outside the United Kingdom, for the purpose of protecting the natural environment;
  • “environmental quality assurance scheme” means a voluntary scheme which establishes environmental or social standards in relation to the production of woody biomass;
  • “greenhouse gas emissions from the use of fossil fuel” has the same meaning as in Schedule 1 (greenhouse gas emission criteria for bioliquid);
  • “highly biodiverse grassland” is to be construed in accordance with Article 17(3)(c) of the Renewables Directive;
  • “lightly forested area” means land of an area of more than one hectare which includes—trees more than 5 metres tall providing a tree canopy cover of between 10% and 30%; ortrees collectively having the capacity to provide a tree canopy cover of between 10% and 30% which—are more than 5 metres tall; orhave the capacity to grow to a height of more than 5 metres;
  • “primary forest” means woodland of native species where there is no clearly visible indication of human activity and ecological processes are not significantly disturbed;
  • “relevant percentage” has the same meaning as in Schedule 1 (greenhouse gas emission criteria for bioliquid);
  • “relevant target” has the same meaning as in Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass);
  • “wetland area” means land that is covered with or saturated by water—permanently; orfor a significant part of the year; and
  • “woody biomass” means biomass which—is, or is derived from, wood (other than an energy crop);is not a bioliquid.
  • (2) A reference in this Schedule to residue from agriculture, aquaculture, fisheries or forestry—
  • (a) is a reference to residue directly generated by (as the case may be) agriculture, aquaculture, fisheries or forestry; and
  • (b) does not include a reference to residue from related industries or residue from processing.

2

A consignment of bioliquid meets the land criteria if the biomaterial from which the fuel was made—

  • (a) was not obtained from a protected source;
  • (b) was residue (other than residue from agriculture, aquaculture, fisheries or forestry); or
  • (c) was waste.

Land criteria

3

A consignment of woody biomass meets the land criteria if—

  • (a) at least 70% of the woody biomass was obtained from a sustainable source;
  • (b) the woody biomass is used by the NIRO capacity of a generating station to generate electricity in a month in which at least 70% of all of the woody biomass used by the NIRO capacity of that generating station to generate electricity was obtained from a sustainable source; or
  • (c) the woody biomass was certified by an environmental quality assurance scheme which ensures that at least 70% of the woody biomass certified by the scheme was obtained from a sustainable source.

SCHEDULE 3A — ACTUAL VALUE METHOD FOR CALCULATING EMISSIONS FROM THE USE OF BIOMASS

1

The greenhouse gas emissions from the use of biomass are equal to—

  • (a) where the biomass is used by a combined heat and power generating station, $Eηel(ηelηel+Ch×ηh)$;
  • (b) in any other case, $Eηel$.

2

In this Schedule—

  • (a) $ηel$ is equal to $AF$ where—
  • (i) A is the total amount of electricity generated by the generating station during the obligation period; and
  • (ii) F is the energy content of all of the fuels used in generating that electricity during the obligation period;
  • (b) $ηh$ is equal to $HF$where—
  • (i) F has the same meaning as in sub-paragraph (a)(ii); and
  • (ii) H is the energy content of all of the heat supplied to any premises by the generating station during the obligation period;
  • (c) $Ch$ is equal to—
  • (i) where T is less than 423 kelvin, 0.3546;
  • (ii) in any other case, $T−273T$;
  • (d) E is the greenhouse gas emissions from the production of the biomass and is to be calculated in accordance with Part C of Annex 5 of the Renewables Directive but as if the following modifications were made to Part C of that Annex—
  • (i) in paragraph 1—
  • (aa) for “and use of transport fuels, biofuels and bioliquids” there was substituted “of biomass”;
  • (bb) for “E = total emissions from the use of the fuel” there was substituted “E = greenhouse gas emissions from the production of the biomass”;
  • (cc) for “$eu$ = emissions from the fuel in use” there was substituted “$eu$ = zero”;
  • (ii) in paragraph 2, for the references to “fuels” and “fuel” there was substituted in each case “biomass”;
  • (iii) paragraphs 3 and 4 were omitted
  • (iv) in paragraph 7—
  • (aa) for each reference to “biofuel” there was substituted “biomass”;
  • (bb) the words “or bioliquid” were omitted in each place in which those words occur;
  • (v) in paragraph 11, for “fuel” there was substituted “biomass”;
  • (vi) paragraph 13 was omitted;
  • (vii) paragraph 14, for “fuel” there was substituted “biomass”;
  • (viii) for paragraphs 16 there was substituted—

(16) Emission saving from excess electricity from cogeneration shall be taken to be zero.

  • (ix) in paragraph 17, for each reference to “fuel” there was substituted “biomass”;
  • (x) in paragraph 18—
  • (aa) for “fuel” there was substituted “biomass”;
  • (bb) the words “In the case of biofuels and bioliquids” were omitted;
  • (cc) before “and residues from processing” there was inserted “residues from forestry, arboriculture, aquaculture and fisheries”;
  • (dd) for “fuels” there was substituted “biomass”; and
  • (xi) for paragraph 19 there was substituted—

(19) Where material is added to the biomass to act as a binding agent or to reduce the emissions of dust, carbon dioxide, methane or nitrous oxide from the use of the biomass, the material so added shall be considered to have zero life-cycle greenhouse gas emissions, provided that the material so added does not exceed 2% by weight of the biomass

  • (e) T is the maximum temperature in degrees kelvin of heat or steam which is (or may be) supplied by the generating station to any premises.

SCHEDULE 3B — DEFAULT VALUE METHOD FOR CALCULATING EMISSIONS FROM THE USE OF BIOMASS

PART 1 — METHOD FOR CALCULATING EMISSIONS

1

The greenhouse gas emissions from the use of biomass are equal to—

  • (a) where the biomass is used by a combined heat and power generating station, $Eηel(ηelηel+Ch×ηh)$;
  • (b) in any other case, $Eηel$.

2

In this Schedule—

  • (a) $ηel$, $ηh$, $Ch$ and T have the same meaning as in Schedule 3A; and
  • (b) E, in relation to a type of biomass described in the first column of the table in Part 2, is the number of grams which corresponds to that description in the second column of that table.

PART 2 — DEFAULT GREENHOUSE GAS EMISSIONS FROM THE PRODUCTION OF BIOMASS

Biomass Default greenhouse gas emissions from the production of biomass (in grams)
Wood chips made from residue from forestry carried out in European temperate continental forest. 1
Wood chips made from residue from forestry carried out in tropical or subtropical forest. 25
Wood chips from short rotation forestry carried out in European temperate continental forest. 4
Wood chips from short rotation forestry carried out in tropical or sub-tropical forest. 28
Wood briquettes or wood pellets—which are made from residue from forestry carried out in European temperate continental forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by wood. 2
Wood briquettes or wood pellets—which are made from residue from forestry carried out in tropical or subtropical forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by natural gas. 20
Wood briquettes or wood pellets—which are made from residue from forestry carried out in tropical or subtropical forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by wood. 17
Wood briquettes or wood pellets—which are made from residue from forestry carried out in European temperate continental forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by natural gas. 35
Wood briquettes or wood pellets—which are made from short rotation forestry carried out in European temperate continental forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by wood. 4
Wood briquettes or wood pellets—which are made from short rotation forestry carried out in European temperate continental forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by natural gas. 22
Wood briquettes or wood pellets—which are made from short rotation forestry carried out in tropical or sub-tropical forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by wood. 22
Wood briquettes or wood pellets—which are made from short rotation forestry carried out in tropical or sub-tropical forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by natural gas. 40
Charcoal made from residue from forestry carried out in European temperate continental forest. 41
Charcoal made from residue from forestry carried out in tropical or sub-tropical forest. 50
Charcoal made from short rotation forestry carried out in European temperate continental forest. 46
Charcoal made from short rotation forestry carried out in tropical or sub-tropical forest. 57
Wheat straw 2
Bagasse briquettes where the process to produce the bagasse briquettes was fuelled by wood. 17
Bagasse briquettes where the process to produce the bagasse briquettes was fuelled by natural gas. 35
Bagasse bales 20
Palm kernel 27
Rice husk briquettes 28
Miscanthus bales 7
Biogas produced from wet manure. 8
Biogas produced from dry manure. 7
Biogas produced from wheat, where the whole plant was used to produce the biogas. 21
Biogas produced from straw. 21
Biogas produced from maize, where—the whole maize plant was used in the process to produce the biogas; andthe maize was not grown by organic farming methods. 34
Biogas produced from maize, where—the whole maize plant was used in the process to produce the biogas; andthe maize was grown by organic farming methods. 19

Electricity generated by qualifying combined heat and power generating stations

High-range co-firing in the 2013/14 obligation period

26A

  • (1) This Article applies to electricity which is generated—
  • (a) before 1st April 2014,
  • (b) in the way described as “high-range co-firing” in Schedule 2, and
  • (c) by a generating station to which Article 27 does not apply.
  • (2) Subject to paragraph (4), the amount of electricity to be stated in each NIROC issued in respect of electricity to which this Article applies is $107$ of a megawatt hour.
  • (3) Paragraph (4) applies to electricity to which this Article applies which is generated—
  • (a) in the way described as “high-range co-firing with CHP” in Schedule 2, and
  • (b) using—
  • (i) pre-2013 capacity, or
  • (ii) 2013/15 capacity in respect of which a declaration has been made in accordance with Article 26(8).
  • (4) Where this paragraph applies, the amount of electricity to be stated in each NIROC is—
  • (a) in respect of the qualifying proportion of the electricity to which this paragraph applies, $56$ of a megawatt hour; and
  • (b) in respect of the remainder of the electricity to which this paragraph applies, $107$ of a megawatt hour.
  • (5) This Article is subject to Article 30.

Co-firing of regular bioliquid in the 2013/14 and 2014/15 obligation periods

26B

  • (1) This Article applies to electricity which is generated—
  • (a) before 1st April 2015,
  • (b) in the way described as “co-firing of regular bioliquid” in Schedule 2, and
  • (c) by a generating station to which Article 27 does not apply.
  • (2) Subject to paragraph (4), the amount of electricity to be stated in each NIROC issued in respect of electricity to which this Article applies is $103$ of a megawatt hour.
  • (3) Paragraph (4) applies to electricity to which this Article applies which is generated—
  • (a) in the way described as “co-firing of regular bioliquid with CHP” in Schedule 2, and
  • (b) using—
  • (i) pre-2013 capacity, or
  • (ii) 2013/15 capacity in respect of which a declaration has been made in accordance with Article 26(8).
  • (4) Where this paragraph applies, the amount of electricity to be stated in each NIROC is—
  • (a) in respect of the qualifying proportion of the electricity to which this paragraph applies, $54$ of a megawatt hour; and
  • (b) in respect of the remainder of the electricity to which this paragraph applies, $103$ of a megawatt hour.
  • (5) This Article is subject to Article 30.

Low-range co-firing in the 2013/14 and 2014/15 obligation periods

26C

  • (1) This Article applies to electricity which is generated—
  • (a) before 1st April 2015,
  • (b) in the way described as “low-range co-firing” in Schedule 2, and
  • (c) by a generating station to which Article 27 does not apply.
  • (2) Subject to paragraph (4), the amount of electricity to be stated in each NIROC issued in respect of electricity to which this Article applies is $103$ of a megawatt hour.
  • (3) Paragraph (4) applies to electricity to which this Article applies which is generated—
  • (a) in the way described as “low-range co-firing with CHP” in Schedule 2, and
  • (b) using—
  • (i) pre-2013 capacity, or
  • (ii) 2013/15 capacity in respect of which a declaration has been made in accordance with Article 26(8).
  • (4) Where this paragraph applies, the amount of electricity to be stated in each NIROC is—
  • (a) in respect of the qualifying proportion of the electricity to which this paragraph applies, $54$ of a megawatt hour; and
  • (b) in respect of the remainder of the electricity to which this paragraph applies, $103$ of a megawatt hour.
  • (5) This Article is subject to Articles 26D, 26E and 30.

Low-range co-firing of relevant energy crops

26D

  • (1) This Article applies to electricity which is generated—
  • (a) before 1st April 2019,
  • (b) by a generating station to which Article 27 does not apply, and
  • (c) from relevant energy crops burned in a combustion unit in a month in which—
  • (i) the energy content of the biomass burned in that combustion unit is less than 50% of the energy content of all of the energy sources burned in that combustion unit during that month, and
  • (ii) the generating station generates electricity partly from fossil fuel and partly from renewable sources.
  • (2) The amount of electricity to be stated in each NIROC issued in respect of electricity to which this Article applies is—
  • (a) in the case of electricity generated before 1st April 2015, $54$ of a megawatt hour; and
  • (b) in the case of electricity generated on or after 1st April 2015, 1 megawatt hour.
  • (3) Paragraphs (a), (b) and (d) of paragraph 1(2) of Part 1 of Schedule 2 apply for the purposes of this Article as they apply for the purposes of that Schedule.
  • (4) In this Article, “relevant energy crops” means energy crops which are supplied to the operator of a generating station in accordance with an agreement made—
  • (a) in writing,
  • (b) before 23rd October 2012, and
  • (c) between the owner or operator of the generating station and a person who is not connected to the owner or operator of the station within the meaning of section 1122 of the Corporation Tax Act 2010.
  • (5) This Article is subject to Articles 26E and 30.

Low-range co-firing of relevant energy crops with CHP

26E

  • (1) This Article applies to electricity which is generated—
  • (a) before 1st April 2019,
  • (b) by a qualifying combined heat and power generating station to which Article 27 does not apply,
  • (c) from relevant energy crops burned in a combustion unit in a month in which—
  • (i) the energy content of the biomass burned in that combustion unit is less than 50% of the energy content of all of the energy sources burned in that combustion unit during that month,
  • (ii) the generating station generates electricity partly from fossil fuel and partly from renewable sources, and

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