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The Renewables Obligation (Scotland) Order 2009

Type Scottish-Statutory-Instrument

Publication 2009-03-31

Last updated 2024-10-01

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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(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 SROCs to which the operator would otherwise be entitled, postpone the issue of those SROCs (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 SROCs which the Authority has or estimates that it has or, but for this article, it 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;

“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 Secretary of State

Exchange of information with the Northern Ireland authority

Functions of the Authority

Preliminary accreditation and accreditation of generating stations

Registration of offshore wind turbines

58A

(1) This article applies to a generating station which—

(a) is accredited;

(b) is offshore;

(d) in the case of a generating station accredited before 1st April 2011, has added registrable additional turbines on or after that date.

(2) The operator of a generating station to which this article applies may apply to the Authority in writing for one or more wind turbines to be registered under this article in relation to the generating station.

(3) For each wind turbine to which the application relates, the application must—

(a) identify the location, or the proposed location, of the wind turbine; and

(b) specify the total installed capacity of the wind turbine.

(3A) An application to register one or more wind turbines under this article must be accompanied by—

(a) one of the documents referred to in article 58B(5)(a);

(b) one of the documents referred to in article 58B(5)(b); and

(c) a declaration made in writing from the operator of the generating station that the national system operator has been sent a copy of the application.

(4) Following receipt of an application meeting the requirements of paragraphs (3) and (3A), the Authority must register the wind turbines to which the application relates if the Authority is satisfied that—

(a) where the station was accredited before 1st April 2011, the wind turbines are registrable additional turbines;

(b) where the wind turbines are registrable additional turbines—

(i) the date of receipt of the application was no later than 5 years from the date on which registrable additional turbines were first added to the station; and

(ii) the Authority has not registered other registrable additional turbines in relation to the station on more than 4 separate occasions;

(i) the date of receipt of the application was no later than 5 years after the date on which the station was accredited; and

(ii) the Authority has not registered other wind turbines forming part of the accredited capacity of the station on more than 4 separate occasions; and

(d) where the wind turbines form part of the accredited capacity of the station and no other wind turbines have been registered under this article in relation to the station, the total installed capacity of the wind turbines to which the application relates is at least 20% of the accredited capacity of the station.

(5) The Authority must notify the applicant in writing of its decision on an application to register a wind turbine under this article.

(6) In providing written notification under paragraph (5), the Authority must specify the date on which the registration of the wind turbine is to take effect.

(7) For the purposes of this article, the date on which a registrable additional turbine is added to a generating station is the date on which the registrable additional turbine is first used to generate electricity.

(8) In this article, in relation to a generating station “accredited capacity” means the capacity of the station as accredited.

SROC Register

Modification of this Order in relation to microgenerators in certain circumstances

Revocation, transitional and savings

SCHEDULEA1 — 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 V to the Renewables Directive;

“default percentage” means—in relation to bioliquid described in the first column of Part A or Part B of Annex V 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, 0%;

“disaggregated default value” means, in relation to a bioliquid described in the first column of a table in Part D or Part E of Annex V 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 V 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 V 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 V 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 V to the Renewables Directive.

5

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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

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 RO 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 RO 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

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2

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

PART 1 — METHOD FOR CALCULATING EMISSIONS

1

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2

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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 certain types of biomass generating station

22C

(1) This article applies to a generating station which—

(a) is first commissioned after 31st March 2014;

(b) has a total installed capacity of more than 15 megawatts;

(2) No SROCs are to be issued in respect of any electricity generated in any month by a generating station to which this article applies—

(a) unless the generating station was accredited under CHPQA when first commissioned and is accredited under CHPQA during the relevant month;

(b) if the generating station has not been a qualifying combined heat and power generating station during the whole or part of 5 or more obligation periods.

(3) In this article “relevant biomass” means biomass which is composed wholly or partly from wood which is not an energy crop and “CHPQA” in relation to accreditation obtained before 1st April 2014 has the meaning given by article 2 before that date and in relation to accreditation obtained on or after 1st April 2014 and before 1st January 2017 has the meaning given by article 2 on 1st April 2014.

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

Electricity generated by qualifying combined heat and power generating stations

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

28A

(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

(2) Subject to paragraph (4), the amount of electricity to be stated in each SROC 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 28(7).

(4) Where this paragraph applies, the amount of electricity to be stated in each SROC 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 32.

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

28B

(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

(2) Subject to paragraph (4), the amount of electricity to be stated in each SROC 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 28(7).

(4) Where this paragraph applies, the amount of electricity to be stated in each SROC 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 32.

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

28C

(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

(2) Subject to paragraph (4), the amount of electricity to be stated in each SROC 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 28(7).

(4) Where this paragraph applies, the amount of electricity to be stated in each SROC 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 28D, 28E and 32.

Low-range co-firing of relevant energy crops

28D

(1) This article applies to electricity which is generated—

(a) before 1st April 2019;

(b) by a generating station to which article 29 does not apply; and

(i) the energy content of the biomass burned in that combustion unit is less than 50 per cent 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 SROC 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, one megawatt hour.

(3) Paragraphs (a), (b) and (d) of paragraph 1(2) of Part 1 of Schedule 2 shall 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 7th September 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 28E and 32.

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

28E

(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 29 does not apply;

(i) the energy content of the biomass burned in that combustion unit is less than 50 per cent 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

(iii) the fossil fuel and the relevant energy crops have been burned in separate combustion units; and

(d) using—

(i) pre-2013 capacity; or

(ii) 2013/15 capacity, 2015/16 capacity or post-2016 capacity in respect of which a declaration has been made in accordance with article 28(7).

(2) Paragraph (3) applies to electricity to which this article applies which is generated before 1st April 2015.

(3) Where this paragraph applies, the amount of electricity to be stated in each SROC is—

(a) in respect of the qualifying proportion of the electricity to which this paragraph applies, $1013$ of a megawatt hour; and

(b) in respect of the remainder of the electricity to which this paragraph applies, $54$ of a megawatt hour.

(4) Paragraph (5) applies to electricity to which this article applies which is generated on or after 1st April 2015.

(5) Where this paragraph applies, the amount of electricity to be stated in each SROC is—

(a) in respect of the qualifying proportion of the electricity to which this paragraph applies, $23$ of a megawatt hour; and

(b) in respect of the remainder of the electricity to which this paragraph applies, one megawatt hour.

(6) Paragraphs (a), (b) and (d) of paragraph 1(2) of Part 1 of Schedule 2 shall apply for the purposes of this article as they apply for the purposes of that Schedule.

(7) In this article, “relevant energy crops” has the same meaning as in article 28D.

(8) This article is subject to article 32.

Microgenerators

Generating stations which were accredited as at 11th July 2006

Offshore wind generating stations using 2006/10 wind turbines

Wave and tidal stream generating stations

30B

(1) This article applies to electricity which is generated—

(a) using 2012/17 marine capacity; and

(b) by a generating station to which article 29 does not apply.

(2) Where the total installed capacity of the 2012/17 marine capacity of the station does not exceed 30 megawatts as at the date of the generation of the electricity, the amount of electricity to be stated in each SROC issued in respect of electricity to which this article applies is $15$ of a megawatt hour.

(3) Where the total installed capacity of the 2012/17 marine capacity of the station exceeds 30 megawatts as at the date of the generation of the electricity, the amount of electricity to be stated in each SROC—

(a) issued in respect of the relevant proportion of the electricity to which this article applies, is $15$ of a megawatt hour;

(b) issued in respect of the remainder of the electricity to which this article applies, is to be determined in accordance with article 27(4) to (8).

(4) In any month where 2012/17 marine capacity forms part, but not the whole, of the total installed capacity of a generating station, the proportion of the station’s RO eligible renewable output which, for the purposes of paragraphs (2) and (3), is generated using 2012/17 marine capacity is $AB$.

(5) In paragraph (4)—

(a) A is the total installed capacity of the 2012/17 marine capacity in the month in question; and

(b) B is the total installed capacity of the generating station in the month in question.

(6) In this article—

“2012/17 marine capacity”, in relation to a generating station, means any capacity which—generates electricity from the capture of the energy created from—the motion of naturally occurring tidal currents in water; orthe motion of naturally occurring waves on water;in the Authority’s view, forms part of the station from a date no earlier than 1st April 2012 and no later than 31st March 2017;has, on or before 31st March 2017, generated electricity in respect of which SROCs may be issued; andin the case of a generating station accredited on or before 31st March 2012, does not form part of the capacity of the station as accredited;

“the relevant proportion”, in relation to electricity generated using the 2012/17 marine capacity of a generating station, is the proportion which 30 megawatts bears to the total installed capacity of the 2012/17 marine capacity as at the date of generation of the electricity;

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

(7) This article is subject to article 32.

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

Registration as a grace period generating station

58ZA

(1) This article applies to a generating station—

(a) which is first commissioned on or after 1st April 2013; and

(b) in respect of which an application for accreditation is made ...on or before 30th September 2013.

(2) The operator of a generating station to which this article applies may submit a request to the Authority for the generating station to be registered under this article as a grace period generating station.

(3) A request for a generating station to be registered as a grace period generating station must be accompanied by—

(a) the documents specified in paragraph (4)(a), (b) and (c);

(b) the documents specified in paragraph (4)(d), (e) and (f); or

(4) The documents specified in this paragraph are—

(a) a copy of a grid connection agreement specifying a grid connection date which is no later than 31st March 2013;

(b) a letter from a network operator who is a party to the grid connection agreement confirming (whether or not such confirmation is subject to any conditions or other terms) that—

(i) the grid connection was made after the grid connection date; and

(ii) in the network operator’s opinion, the failure to make the grid connection on or before the grid connection date was not due to any breach of the grid connection agreement by a relevant person;

(c) a declaration made in writing by the operator of the generating station that, to the best of their knowledge and belief, the station would have been commissioned on or before 31st March 2013 if the grid connection had been made on or before the grid connection date;

(d) a copy of a radar works agreement specifying a radar works completion date which is no later than 31st March 2013;

(e) a letter from a party to the radar works agreement who is not a relevant person confirming (whether or not such confirmation is subject to any conditions or other terms) that—

(i) the radar works were completed after the radar works completion date; and

(ii) in that person’s opinion, the failure to complete the radar works on or before the radar works completion date was not due to any breach of the radar works agreement by a relevant person;

(f) a declaration made in writing by the operator of the generating station that, to the best of their knowledge and belief, the station would have been commissioned on or before 31st March 2013 if the radar works had been completed on or before the radar works completion date;

(g) a declaration made in writing by the operator of the generating station that, to the best of their knowledge and belief, the station would have been commissioned on or before 31st March 2013 if—

(i) the grid connection had been made on or before the grid connection date; and

(ii) the radar works had been completed on or before the radar works completion date.

(5) Where the operator of a generating station to which this article applies submits a request for registration of the station as a grace period generating station, the Authority must not register the station under this article as a grace period generating station unless—

(a) the request to register the generating station as a grace period generating station was received by the Authority before the Authority had made its decision on the application for accreditation of the station;

(b) the Authority is satisfied that the request complies with the requirements of paragraph (3);

(d) the Authority decides to grant the application for accreditation of the station.

(6) In circumstances where the Authority has reason to believe that the information on which a decision to register a generating station as a grace period generating station was based was incorrect in a material particular, and having regard to those circumstances the Authority considers it appropriate to do so, the Authority may withdraw the registration in question.

(7) The Authority must notify the operator of the generating station in writing of—

(a) its decision on a request to register the station as a grace period generating station;

(b) any withdrawal of registration of the station as a grace period generating station.

(8) The written notification under paragraph (7)(a) must be provided by the Authority at the same time as the written notification ... of its decision on the application for accreditation of the generating station.

(9) In this article—

“grid connection” means a connection between a generating station and a transmission system or distribution system for the purpose of enabling electricity to be conveyed from the station to that system;

“grid connection agreement” means an agreement between a relevant person and a network operator for the making of a grid connection;

“grid connection date” in relation to a grid connection agreement, means the earliest of any date specified in the grid connection agreement by which—the grid connection is required to be made; orit is estimated that the grid connection would be made;

“network operator” means a—distribution exemption holder;distribution licence holder; ortransmission licence holder;

“radar works” means—the construction of a radar station;the installation of radar equipment;the carrying out of modifications to a radar station or to radar equipment; orthe testing of a radar station or radar equipment;

“radar works agreement” means an agreement between a relevant person and a person who is not a relevant person for the carrying out of radar works;

“radar works completion date”, in relation to a radar works agreement, means the earliest of any date specified in the radar works agreement by which—the radar works are required to be completed; orit is estimated that the radar works would be completed;

“relevant person”, in relation to a request for a generating station to be registered as a grace period generating station, means—the operator of the station; ora person who arranged for the construction of the station.

Registration of offshore wind turbines

SROC Register

Modification of this Order in relation to microgenerators in certain circumstances

Revocation, transitional and savings

Generation type	Amount of electricity (in megawatt hours) to be stated in a SROC issued for electricity generated using pre-2013 capacity
AD	$12$
Advanced gasification/pyrolysis	$12$
Co-firing of regular bioliquid	2
Dedicated biomass	$23$
Dedicated energy crops	$12$
Electricity generated from landfill gas	4
Electricity generated from sewage gas	2
Energy from waste with CHP	1
Enhanced tidal stream	$13$
Enhanced wave	$15$
Geopressure	1
Geothermal	$12$
High-range co-firing	$109$
Hydroelectric	1
Low-range co-firing	2
Mid-range co-firing	$53$
Offshore wind	$12$
Onshore wind	1
Solar photovoltaic	$12$
Standard gasification/pyrolysis	1
Station conversion	1
Tidal impoundment – tidal barrage	$12$
Tidal impoundment – tidal lagoon	$12$
Tidal stream	$12$
Unit conversion	1
Wave	$12$

PART 2A — AMOUNT OF ELECTRICITY TO BE STATED IN SROCs ISSUED FOR ELECTRICITY GENERATED USING 2013/14 CAPACITY, 2014/15 CAPACITY, 2015/16 CAPACITY OR POST-2016 CAPACITY

Generation type	Amount of electricity (in megawatt hours) to be stated in a SROC issued for electricity generated using—	Amount of electricity (in megawatt hours) to be stated in a SROC issued for electricity generated using—	Amount of electricity (in megawatt hours) to be stated in a SROC issued for electricity generated using—	Amount of electricity (in megawatt hours) to be stated in a SROC issued for electricity generated using—
	2013/14 capacity	2014/15 capacity	2015/16 capacity	post-2016 capacity
AD	$12$	$12$	$1019$	$59$
Advanced gasification/pyrolysis	$12$	$12$	$1019$	$59$
Building mounted solar PV	$1017$	$58$	$23$	$57$
Closed landfill gas	5	5	5	5
Co-firing of regular bioliquid	2	2	2	2
Dedicated biomass	$23$	$23$	$23$	$57$
Dedicated energy crops	$12$	$12$	$1019$	$59$
Electricity generated from sewage gas	2	2	2	2
Energy from waste with CHP	1	1	1	1
Enhanced tidal stream	$13$	$13$	$13$	$13$
Enhanced wave	$15$	$15$	$15$	$15$
Geopressure	1	1	1	1
Geothermal	$12$	$12$	$1019$	$59$
Ground mounted solar PV	$58$	$57$	$1013$	$56$
High-range co-firing	$109$	$109$	$109$	$109$
Hydroelectric	1	1	1	1
Landfill gas heat recovery	10	10	10	10
Low-range co-firing	2	2	2	2
Mid-range co-firing	$53$	$53$	$53$	$53$
Offshore wind	$12$	$12$	$1019$	$59$
Onshore wind	$109$	$109$	$109$	$109$
Standard gasification/pyrolysis	$12$	$12$	$1019$	$59$
Station conversion	1	1	1	1
Tidal impoundment – tidal barrage	$12$	$12$	$1019$	$59$
Tidal impoundment – tidal lagoon	$12$	$12$	$1019$	$59$
Tidal stream	$12$	$12$	$12$	$12$
Unit conversion	1	1	1	1
Wave	$12$	$12$	$12$	$12$

PART 2B — AMOUNT OF ELECTRICITY TO BE STATED IN SROCs ISSUED FOR ELECTRICITY GENERATED USING PRE-2013 CAPACITY OR 2013/15 CAPACITY WHERE ARTICLE 28(3) OR (4) APPLIES

Generation type	Amount of electricity (in megawatt hours) to be stated in a SROC issued in respect of the qualifying proportion of electricity generated using pre-2013 capacity or 2013/15 capacity	Amount of electricity (in megawatt hours) to be stated in a SROC issued in respect of the remainder of the electricity generated using pre-2013 capacity or 2013/15 capacity
Co-firing of regular bioliquid with CHP	1	2
Dedicated biomass with CHP	$12$	$23$
High-range co-firing with CHP	$57$	$109$
Low-range co-firing with CHP	1	2
Mid-range co-firing with CHP	$1011$	$53$
Station conversion with CHP	$23$	1
Unit conversion with CHP	$23$	1

PART 2C — AMOUNT OF ELECTRICITY TO BE STATED IN SROCS ISSUED FOR ELECTRICITY GENERATED USING 2015/16 CAPACITY WHERE ARTICLE 28(5) APPLIES

Generation type	Amount of electricity (in megawatt hours) to be stated in a SROC issued in respect of the qualifying proportion of electricity generated using 2015/16 capacity	Amount of electricity (in megawatt hours) to be stated in a SROC issued in respect of the remainder of the electricity generated using 2015/16 capacity
Co-firing of regular bioliquid with CHP	1	2
Dedicated biomass with CHP	$1019$	$23$
High-range co-firing with CHP	$57$	$109$
Low-range co-firing with CHP	1	2
Mid-range co-firing with CHP	$1011$	$53$
Station conversion with CHP	$23$	1
Unit conversion with CHP	$23$	1

PART 2D — AMOUNT OF ELECTRICITY TO BE STATED IN SROCS ISSUED FOR ELECTRICITY GENERATED USING POST-2016 CAPACITY WHERE ARTICLE 28(6) APPLIES

Generation type	Amount of electricity (in megawatt hours) to be stated in a SROC issued in respect of the qualifying proportion of electricity generated using post-2016 capacity	Amount of electricity (in megawatt hours) to be stated in a SROC issued in respect of the remainder of the electricity generated using post-2016 capacity
Co-firing of regular bioliquid with CHP	1	2
Dedicated biomass with CHP	$59$	$57$
High-range co-firing with CHP	$57$	$109$
Low-range co-firing with CHP	1	2
Mid-range co-firing with CHP	$1011$	$53$
Station conversion with CHP	$23$	1
Unit conversion with CHP	$23$	1

Generating stations using excluded capacity to generate electricity

Electricity in respect of which a CFD or investment contract applies

21A

SROCs are not to be issued in respect of any electricity in respect of which a CFD or investment contract applies.

Combustion units in relation to which a CFD or investment contract has been entered into

21B

(1) This article applies to a combustion unit in relation to which a CFD or investment contract has been entered into.

(2) Subject to paragraph (3), SROCs are not to be issued in respect of any electricity generated by a combustion unit to which this article applies.

(3) Paragraph (2) does not apply if a CFD transfer notice has been given to the Authority by the operator of the generating station in respect of the combustion unit.

(4) A CFD transfer notice is a notice which—

(a) is in writing;

(b) identifies the combustion unit to which it relates;

(c) states the date from which the operator of the generating station intends to start using that combustion unit to generate electricity only from biomass (“the conversion date”); and

(d) states the date on which a CFD or investment contract was entered into in relation to that combustion unit.

(5) Once a CFD transfer notice has been received by the Authority it cannot be withdrawn.

(6) Subject to paragraph (7), the operator of a generating station may change the conversion date stated in a CFD transfer notice in respect of a combustion unit at the generating station by giving notice to the Authority in writing.

(7) The conversion date stated in a CFD transfer notice cannot be changed—

(a) after 31st March 2027;

(b) after the CFD transfer notice has come into force; or

(c) if a CFD entered into in relation to the combustion unit to which the CFD transfer notice relates has been terminated or otherwise ceased to have effect.

(8) For the purpose of this article, a CFD transfer notice comes into force—

(a) on the conversion date stated in the CFD transfer notice; or

(b) if earlier, as from the start of the first month—

(i) which is after March 2014; and

(ii) during which the combustion unit to which the CFD transfer notice relates burns only biomass.

(9) For the purpose of paragraph (8)(b)(ii), no account is to be taken of any fossil fuel or waste which is used—

(a) in the combustion unit for a purpose listed in article 22(3)(a); and

(b) in a month in which the energy content of the fossil fuel or waste used in that combustion unit for a purpose listed in article 22(3)(a) (or, where both fossil fuel and waste are so used during a month, their combined energy content) does not exceed 10% of the energy content of all of the energy sources burned in that combustion unit during that month.

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

Common agricultural policy requirements

Electricity generated by certain types of biomass generating station

Circumstances in which no SROCs are to be issued by virtue of section 32C(8)(a) of the Act

RO input electricity, RO output electricity and ineligible renewable sources

23A

(1) This article applies for the purposes of this Part.

(2) In any month where the total installed capacity of a generating station does not include any excluded capacity, “RO input electricity” in relation to that station means the total input electricity of the station during that month.

(3) Subject to paragraphs (4) and (5), in any month where the total installed capacity of a generating station includes excluded capacity, the RO input electricity of the station is equal to

$$A−(A×BC)$where—A is the total input electricity of the station during that month;B is the total installed capacity of the excluded capacity; andC is the total installed capacity of the station.$

(4) Subject to paragraph (5), in any month where the total installed capacity of a generating station includes excluded capacity and electricity which is used by the station solely for purposes directly related to the operation of the excluded capacity is measured separately from the remainder of the electricity used by the station, the RO input electricity of the station is equal to $A−D$ where—

(a) A is the total input electricity of the station during that month; and

(b) D is the total amount of electricity measured as being used by the station solely for purposes directly related to the operation of the excluded capacity during that month.

(5) In any month where—

(a) the total installed capacity of a generating station includes excluded capacity;

(b) all of the electricity which is used by the station for purposes directly related to the operation of the RO capacity is measured separately from the remainder of the electricity used by the station; and

(c) the station does not generate electricity wholly or partly from hydrogen (other than hydrogen that constitutes fossil fuel),

“RO input electricity” in relation to that station means the total amount of electricity measured as being used by the station for purposes directly related to the operation of the RO capacity during that month.

(6) In any month where the total installed capacity of a generating station does not include any excluded capacity, “RO output electricity” in relation to that station means the total amount of electricity generated by that station during that month.

(7) Subject to paragraph (8), in any month where the total installed capacity of a generating station includes excluded capacity and all of the electricity generated by the excluded capacity is measured separately from any electricity generated by the station using RO capacity, the RO output electricity of the station is equal to $E−F$ where—

(a) E is the total amount of electricity generated by the station during that month; and

(b) F is the total amount of electricity measured as being generated by the excluded capacity during that month.

(8) In any month where the total installed capacity of a generating station includes excluded capacity and all of the electricity generated by the station using the RO capacity is measured separately from any electricity generated by the station using excluded capacity, the RO output electricity in relation to that station means the total amount of electricity measured as being generated by the RO capacity during that month.

(9) Electricity is generated from an ineligible renewable source if it is generated using the RO capacity of a generating station and—

(a) it is generated from landfill gas (other than electricity generated by a generating station to which article 29 applies, generated using pre-2013 capacity, generated in the way described in Schedule 2 as “closed landfill gas”, or generated using the heat from a turbine or engine);

(b) where one or more of the criteria set out in articles 36 to 40 have to be satisfied before SROCs can be issued in respect of the station’s or those stations’ RO eligible renewable output, it is electricity in respect of which any of those criteria are not satisfied; or

(10) In this article, references to “operation” include fuel handling, fuel preparation, maintenance and the pumping of water.

SROCs to be issued by Authority in respect of a generating station's RO eligible renewable output

Calculating a generating station’s RO eligible renewable output

RO eligible renewable output of a qualifying combined heat and power generating station

Offshore wind generating stations using test and demonstration wind turbines

30C

(1) This article applies to electricity—

(a) which is generated from wind;

(b) which is generated by a generating station which—

(i) is offshore; and

(ii) uses only eligible wind turbines; and

(2) The amount of electricity to be stated in each SROC issued in respect of electricity to which this article applies is 2/5 of a megawatt hour.

(3) A declaration is made in accordance with this paragraph if—

(a) it is made by the operator of the generating station to the Authority in writing; and

(b) it confirms that—

(i) to the best of the operator’s knowledge and belief the wind turbines used to generate the electricity are eligible wind turbines; and

(ii) the lease in respect of which the generating station is entitled to operate at that particular area of seabed is a demonstration lease issued by the Crown Estate Commissioners or a relevant person in relation to that site.

(4) In this article—

(a) “eligible wind turbine” in relation to a generating station means a wind turbine which in the Authority’s view forms part of the generating station from a date no earlier than 1st April 2014; and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offshore wind generating stations using floating wind turbines

30D

(1) This article applies to electricity—

(a) which is generated from wind;

(b) which is generated by a generating station which—

(i) is offshore;

(ii) uses only floating wind turbines;

(iii) is granted preliminary accreditation which takes effect on or before 31st March 2017; and

(iv) is commissioned before 1st October 2018; and

(2) The amount of electricity to be stated in each SROC issued in respect of electricity to which this article applies is 2/7 of a megawatt hour.

(3) A declaration is made in accordance with this paragraph if—

(a) it is made by the operator of the generating station to the Authority in writing; and

(b) it confirms that—

(i) to the best of the operator's knowledge and belief the electricity generated was generated by a generating station using only floating wind turbines; and

(ii) the lease in respect of which the generating station is entitled to operate at that particular area of seabed is a demonstration lease issued by the Crown Estate Commissioners or a relevant person in relation to that site.

(4) In this article “floating wind turbine” means a wind turbine which is fixed or connected to the seabed by means of a chain, tension leg or other flexible mooring and not by any other means.

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

Solid and gaseous biomass sustainability audit report

54B

(1) This article applies to a generating station which—

(a) has a total installed capacity of at least 1 megawatt; and

(b) generates electricity (wholly or partly) from biomass.

(2) In relation to each consignment of biomass used in a generating station to which this article applies, and in respect of which the operator of the station has—

(a) in the case of biomass which is waste ..., provided the information specified in article 54(3)(c); and

(b) in the case of biomass which is not waste ..., provided the information specified in article 54(5),

the operator of the station must, by the 30th June immediately following the obligation period during which the biomass was 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 information are likely to produce information which is reasonably accurate and reliable;

(c) consider whether there are controls in place to help protect the relevant information against material misstatements due to fraud or error;

(d) 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 information;

(e) consider the robustness of the data on which the operator relied in preparing the relevant information;

(f) state whether anything has come to the attention of the person preparing the report to indicate that the relevant information is not accurate; and

(g) be prepared in accordance with the requirements in respect of limited assurance engagements prescribed in ISAE 3000, or an equivalent standard.

(4) Where, in relation to biomass 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 SROCs to which the operator would otherwise be entitled, postpone the issue of those SROCs (up to the specified number) until such time as the sustainability audit report is provided.

(5) For the purposes of paragraph (4), the specified number is the number of SROCs 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 biomass in relation to which a sustainability audit report meeting the requirements specified in paragraph (3) should have been provided.

(6) In this article, “relevant information” means—

(a) in relation to a consignment of biomass which is waste ..., the information specified in article 54(3)(c) that is provided to the Authority by the operator of the generating station in respect of the consignment; and

(b) in relation to a consignment of biomass which is not waste ..., the information specified in article 54(5) that is provided to the Authority by the operator of the generating station in respect of the consignment.

(7) References in this article to biomass do not include bioliquid, landfill gas, sewage gas, municipal waste or excreta produced by animals.

Provision of information to the Secretary of State

Exchange of information with the Northern Ireland authority

Functions of the Authority

Preliminary accreditation of generating stations

Accreditation of generating stations

58ZZA

(1) This article applies to the granting of accreditation of generating stations by the Authority.

(2) Subject to paragraph (4), where a generating station has been commissioned, the Authority may, upon the application of its operator (or, where SROCs relating to electricity generated by that station are to be issued to an agent by virtue of article 35, that agent), grant the station accreditation.

(3) Subject to paragraph (4), where a generating station has been granted preliminary accreditation (and such preliminary accreditation has not been withdrawn) and an application for its accreditation is made under paragraph (2), the Authority must not grant that application if it is satisfied that—

(a) there has been a material change in circumstances since the preliminary accreditation was granted such that, had the application for preliminary accreditation been made after the change, it would have been refused;

(b) the information on which the decision to grant the preliminary accreditation was based was incorrect in a material particular such that, had the Authority known the true position when the application for preliminary accreditation was made it would have refused it; or

(c) there has been a change in applicable legislation since the preliminary accreditation was granted such that, had the application for preliminary accreditation been made after the change, it would have been refused,

but otherwise the Authority must grant the application.

(4) The Authority must not grant accreditation to a generating station under this article—

(a) if, in the Authority’s opinion, the station is unlikely to generate electricity in respect of which SROCs may be issued;

(b) subject to paragraph (5), if the application for accreditation is not accompanied by the documents specified in paragraph (8);

(c) subject to paragraph (6), if an application for a CFD has been made at any time in relation to the generation of electricity by the station; or

(d) subject to paragraph (7), if an investment contract has been made at any time in relation to the generation of electricity by the station.

(5) Paragraph (4)(b) does not apply if the application for accreditation is in respect of a generating station which—

(a) is a microgenerator; or

(b) has a total installed capacity of no more than 5 megawatts, and which—

(i) generates electricity from—

(aa) gas formed by the anaerobic digestion of material which is neither sewage nor material in a landfill;

(bb) the direct conversion of sunlight into electricity; or

(cc) wind; or

(ii) is a hydro generating station.

(6) Paragraph (4)(c) does not apply if the application for accreditation is accompanied by the document specified in paragraph (8)(a)(ii).

(7) Paragraph (4)(d) does not apply if the application for accreditation is accompanied by the document specified in paragraph (8)(b)(ii).

(8) The documents specified in this paragraph are—

(a) either—

(i) a declaration made in writing by the operator of the generating station that an application for a CFD has not been made at any time in relation to the generation of electricity by the station; or

(ii) a declaration made in writing by the operator of the generating station that every application made for a CFD in relation to the generation of electricity by the station has been rejected by the national system operator or by the Secretary of State;

(b) either—

(i) a declaration made in writing by the operator of the generating station that an investment contract has never been made in relation to the generation of electricity by the station; or

(ii) a declaration made in writing by the operator of the generating station that any investment contract made in relation to the generation of electricity by the station has been terminated or has otherwise ceased to have effect by reason of a permitted termination event; and

(c) a declaration made in writing by the operator of the generating station that the national system operator has been sent—

(i) a copy of the documents that accompany the application in accordance with sub-paragraphs (a) and (b); and

(ii) a description of the location of the generating station.

(9) In this article “permitted termination event” has the same meaning as in article 58(4).

Preliminary accreditation and accreditation: common provisions

58ZZB

(1) This article applies to the granting and withdrawing of preliminary accreditation and accreditation of generating stations by the Authority.

(2) The Authority may, in granting preliminary accreditation under article 58 or accreditation under article 58ZZA, attach such conditions as appear to it to be appropriate.

(3) Where any of the circumstances mentioned in paragraph (4) apply in relation to a preliminary accreditation or an accreditation which the Authority has granted (whether or not under this Order), and having regard to those circumstances the Authority considers it appropriate to do so, the Authority may—

(a) withdraw the preliminary accreditation or accreditation in question;

(b) amend the conditions attached to the preliminary accreditation or accreditation; or

(4) The circumstances referred to in paragraph (3) are that—

(a) in the Authority’s view there has been a material change in circumstances since the preliminary accreditation or accreditation was granted;

(b) any condition attached to the preliminary accreditation or accreditation has not been complied with;

(c) the Authority has reason to believe that the information on which the decision to grant the preliminary accreditation or accreditation was based was incorrect in a material particular; or

(d) there has been a change in applicable legislation since the preliminary accreditation or accreditation was granted such that, had the application for preliminary accreditation or accreditation been made after the change, it would not have been granted.

(5) The Authority must notify the applicant in writing of—

(a) its decision on an application for preliminary accreditation or accreditation of a generating station;

(b) any conditions attached to the preliminary accreditation or accreditation; and

(6) In providing written notification under paragraph (5), the Authority must specify, where applicable—

(a) the date on which the grant or withdrawal of preliminary accreditation or accreditation is to take effect;

(b) the date on which any conditions attached to the preliminary accreditation or accreditation are to take effect; and

Registration as a grace period generating station

Registration of offshore wind turbines

Registration of additional capacity

58B

(1) This article applies to generating capacity which—

(a) forms part of a generating station which is accredited;

(b) first forms part of the station from a date no earlier than 1st April 2014 and no later than 31st March 2017; and

(2) Subject to paragraph (3), the Authority may, upon the application of an operator of a generating station using generating capacity to which this article applies, register that generating capacity under this article.

(3) The Authority must not register generating capacity under this article unless the Authority is satisfied that the application complies with the requirements of paragraphs (4) and (5).

(4) An application to register generating capacity under this article must—

(a) describe the generating capacity in sufficient detail to enable the Authority to exercise its functions under this Order in relation to the issue of SROCs in respect of electricity generated using that generating capacity; and

(b) state the total installed capacity of the generating capacity.

(5) An application to register generating capacity under this article must be accompanied by the following documents—

(a) either—

(i) a declaration made in writing by the operator of the generating station that an application for a CFD has not been made at any time in relation to the generation of electricity by the station; or

(ii) a declaration made in writing by the operator of the generating station that every application made for a CFD in relation to the generation of electricity by the station has been rejected by the national system operator or by the Secretary of State;

(b) either—

(i) a declaration made in writing by the operator of the generating station that an investment contract has never been made in relation to the generation of electricity by the station; or

(ii) a declaration made in writing by the operator of the generating station that any investment contract made in relation to the generation of electricity by the station has been terminated or has otherwise ceased to have effect by reason of a permitted termination event; and

(c) a declaration made in writing by the operator of the generating station that the national system operator has been sent—

(i) a copy of the documents that accompany the application in accordance with sub-paragraphs (a) and (b); and

(ii) a description of the location of the generating station.

(6) The Authority must notify the operator of the generating station in writing of its decision on an application to register generating capacity under this article.

(7) In this article, “permitted termination event” has the same meaning as inarticle 58(4).

SROC Register

Modification of this Order in relation to microgenerators in certain circumstances

Revocation, transitional and savings

22ZA

(1) This article applies to biomass (other than animal excreta, bioliquid, landfill gas, sewage gas or waste).

(2) No SROCs are to be issued in respect of any electricity generated by a generating station from biomass to which this article applies unless—

(a) the generating station has a total installed capacity of less than one megawatt; or

(b) the biomass meets the greenhouse gas emission criteria and the land criteria.

Common agricultural policy requirements

Electricity generated by certain types of biomass generating station

Circumstances in which no SROCs are to be issued by virtue of section 32C(8)(a) of the Act

SCHEDULE A1A — GREENHOUSE GAS EMISSION CRITERIA FOR SOLID AND GASEOUS BIOMASS

PART 1 — Greenhouse gas emission criteria

Interpretation

1

In this Schedule—

“actual value method” means the calculation method provided for in Part 2;

“default value method” means the calculation method provided for in Part 3;

“post-2013 dedicated biomass station” means a generating station which—was not accredited on or before 31st March 2013; andhas, in any month after March 2013, generated electricity in the way described as “dedicated biomass” in Schedule 2 (electricity to be stated in SROCs);

“relevant biomass” means biomass other than animal excreta, bioliquid, landfill gas, sewage gas or waste;

“relevant ceiling” means—in relation to biomass used by a post-2013 dedicated biomass station to generate electricity before 1st April 2020, 79.2 grams per mega joule of electricity;in relation to biomass used to generate electricity on or after 1st April 2020 and before 1st April 2025, 75 grams per mega joule of electricity; andin relation to biomass used to generate electricity on or after 1st April 2025, 72.2 grams per mega joule of electricity;

“relevant target” means—in relation to biomass used to generate electricity before 1st April 2020 by a station other than a post-2013 dedicated biomass station, 79.2 grams per mega joule of electricity;in relation to biomass used by a post-2013 dedicated biomass station to generate electricity before 1st April 2020, 66.7 grams per mega joule of electricity;in relation to biomass used to generate electricity on or after 1st April 2020 and before 1st April 2025, 55.6 grams per mega joule of electricity; andin relation to biomass used to generate electricity on or after 1st April 2025, 50 grams per mega joule of electricity.

The greenhouse gas emission criteria

2

Biomass meets the greenhouse gas emission criteria for solid and gaseous biomass—

(a) if the greenhouse gas emissions from its use are equal to, or less than, the relevant target; or

(b) if—

(i) the biomass is used by a post-2013 dedicated biomass station or the biomass is used to generate electricity after 1st April 2020;

(ii) the greenhouse gas emissions from its use are equal to, or less than, the relevant ceiling; and

(iii) the biomass is used in an obligation period in which the average greenhouse gas emissions from the relevant biomass used by the station to generate electricity during that obligation period are equal to, or less than, the relevant target.

Calculating the greenhouse gas emissions

3

For the purposes of paragraph 2, and subject to paragraph 4, the greenhouse gas emissions from the use of biomass to generate electricity—

(a) is to be calculated by the operator of the generating station using the actual value method or the default value method; or

(b) is 91 grams per mega joule of electricity.

4

The default value method must not be used to calculate the greenhouse gas emissions from the use of biomass unless—

(a) the biomass was used in a generating station with a total installed capacity of less than one megawatt;

(b) the biomass is described in the first column of the table in Part 4; and

(c) in relation to the biomass, 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.

5

For the purposes of paragraph 4(c), paragraph 7 of Part C of Annex 5 to the Renewables Directive is to be read as if—

(a) for each reference to “biofuel” there was substituted“ biomass ”; and

(b) the words “or bioliquid” were omitted in each place in which those words occur.

PART 2 — Actual value method

6

Where the greenhouse gas emissions from the use of biomass are calculated using the actual value method the greenhouse gas emissions from the use of the biomass are equal to—

(a) in the case of biomass used by a combined heat and power generating station,$Eηel(ηelηel+Ch×ηh)$; and

(b) in any other case,$Eηel$.

7

In paragraph (6)—

(a) $ηel$is equal to$AF$where—

(i) A is the total amount of electricity generated by the generating station during the month; and

(ii) F is the energy content of all of the fuels used in generating that electricity during the month;

(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 month; and

(i) where the maximum temperature in degrees kelvin of heat or steam which is (or may be) supplied by the generating station to any premises (“$Tmax$”) is less than 423 degrees kelvin, 0.3546;

(ii) in any other case,$Tmax−273Tmax$; and

(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 to 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”; and

(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”; and

(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) in paragraph 14, for “fuel” there was substituted “biomass”;

(viii) for paragraph 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 aquaculture, arboriculture, fisheries and forestry”; and

(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.

PART 3 — Default value method

8

The greenhouse gas emissions from the use of biomass are calculated using the default value method where the greenhouse gas emissions from the use of the biomass are equal to—

(a) in the case of biomass used by a combined heat and power generating station,$Eηel(ηelηel+Ch×ηh)$; and

(b) in any other case,$Eηel$.

9

In paragraph (8)—

(a) $ηel$,$ηh$and$Ch$have the same meaning as in Part 2; and

(b) E, in relation to a type of biomass described in the first column of the table in Part 4, is the number of grams which corresponds to that description in the second column of that table.

PART 4 — 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 subtropical forest	28
Wood briquettes or wood pellets—	2
awhich are made from residue from forestry carried out in European temperate continental forest; andbwhere the process to produce the wood briquettes or wood pellets was fuelled by wood	2
Wood briquettes or wood pellets—	20
awhich are made from residue from forestry carried out in tropical or subtropical forest; andbwhere the process to produce the wood briquettes or wood pellets was fuelled by natural gas	20
Wood briquettes or wood pellets—	17
awhich are made from residue from forestry carried out in tropical or subtropical forest; andbwhere the process to produce the wood briquettes or wood pellets was fuelled by wood	17
Wood briquettes or wood pellets—	35
awhich are made from residue from forestry carried out in European temperate continental forest; andbwhere the process to produce the wood briquettes or wood pellets was fuelled by natural gas	35
Wood briquettes or wood pellets—	4
awhich are made from short rotation forestry carried out in European temperate continental forest; andbwhere the process to produce the wood briquettes or wood pellets was fuelled by wood	4
Wood briquettes or wood pellets—	22
awhich are made from short rotation forestry carried out in European temperate continental forest; andbwhere the process to produce the wood briquettes or wood pellets was fuelled by natural gas	22
Wood briquettes or wood pellets—	22
awhich are made from short rotation forestry carried out in tropical or subtropical forest; andbwhere the process to produce the wood briquettes or wood pellets was fuelled by wood	22
Wood briquettes or wood pellets—	40
awhich are made from short rotation forestry carried out in tropical or subtropical forest; andbwhere 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 subtropical 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 subtropical 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—	34
athe whole maize plant was used in the process to produce the biogas; andbthe maize was not grown by organic farming methods	34
Biogas produced from maize, where—	19
athe whole maize plant was used in the process to produce the biogas; andbthe maize was grown by organic farming methods	19

Land criteria: bioliquids

Land criteria: woody biomass

Land criteria: other fuels

4

A consignment of fuel (other than bioliquid or woody biomass) 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);

(c) was an energy crop in respect of which financial assistance was paid under the Energy Crops Regulations 2000 or under an equivalent financial assistance scheme; or

(d) was added to the fuel for an exempt purpose.

Protected sources

5

(1) For the purposes of paragraphs 2(a) and 4(a), biomaterial is obtained from a protected source if it is obtained from—

(a) land which at any time during or after January 2008 was primary forest;

(b) land which at any time during or after January 2008 was designated for nature protection purposes (unless the production of the biomaterial did not interfere with those nature protection purposes);

(c) highly biodiverse grassland (unless the harvesting of the biomaterial was necessary to preserve the grassland status);

(d) land which at any time during January 2008 was peatland (unless the cultivation and harvesting of the biomaterial did not involve the drainage of previously undrained soil);

(e) a former continuously forested area;

(f) except where sub-paragraph (2) or (4) applies to the biomaterial, a former lightly forested area; or

(g) a former wetland area.

(2) This sub-paragraph applies to biomaterial obtained from a former lightly forested area where—

(a) the fuel made from the biomaterial was not a bioliquid; and

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