The Renewables Obligation (Scotland) Order 2009

• (b) the greenhouse gas emissions from the use of the fuel to generate one mega joule of electricity did not exceed the relevant target.

• (3) For the purposes of sub-paragraph (2)(b), the greenhouse gas emissions must be calculated using the method provided for in Part 2 of Schedule A1A (actual value method for greenhouse gas emission criteria for solid and gaseous biomass).

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

• (a) the fuel made from the biomaterial was a bioliquid; and

• (b) the greenhouse gas emissions from the use of the bioliquid to generate electricity were lower, by at least the relevant percentage, than the greenhouse gas emissions from the use of fossil fuel.

• (5) For the purposes of sub-paragraph (4)(b), 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 must be calculated using the method provided for in paragraphs 1, 2 and 5 to 18 of Part C of Annex 5 to the Renewables Directive.

• (6) For the purposes of this paragraph—

• (a) biomaterial was obtained from a former continuously forested area if the land—

• (i) was a continuously forested area at any time during January 2008; and

• (ii) was not a continuously forested area when the biomaterial was obtained from it;

• (b) biomaterial was obtained from a former lightly forested area if the land—

• (i) was a lightly forested area at any time during January 2008; and

• (ii) was not a lightly forested area or a continuously forested area when the biomaterial was obtained from it; and

• (c) biomaterial was obtained from a former wetland area if the land—

• (i) was a wetland area at any time during January 2008; and

• (ii) was not a wetland area when the biomaterial was obtained from it.

Sustainable source

6

• (1) For the purposes of paragraph 3, woody biomass is obtained from a sustainable source if it—

• (a) was grown within an area of forest or other land which is managed—

• (i) in a way which is consistent with—

• (aa) the Forest Europe Sustainable Forest Management Criteria; or

• (bb) a set of international principles for the sustainable management of land which meets the requirements specified in sub-paragraph (2); and

• (ii) to meet the requirements specified in sub-paragraph (4);

• (c) was residue from arboriculture carried out in an area which was not a forest;

• (d) was added to the fuel for an exempt purpose; or

• (e) was removed for the purpose of creating, restoring or maintaining the ecosystem of an area which was not a forest.

• (2) The requirements specified in this sub-paragraph are that—

• (a) the principles have been adopted following a process (“the principle setting process”) which sought to—

• (i) obtain a balanced representation of the views of interest groupings;

• (ii) ensure that no single interest grouping could dominate the principle setting process; and

• (iii) ensure that no decision on the contents of the principles could be made in the absence of agreement from a majority within each interest grouping involved in the principle setting process; and

• (b) the principles can be changed by a process (“the change process”) which seeks to ensure that—

• (i) no single interest grouping can dominate the process; and

• (ii) no decision on changes to the principles can be made in the absence of agreement from a majority within each interest grouping involved in the change process.

• (3) For the purpose of sub-paragraph (2), each of the following is an interest grouping in relation to the forest or other location where the wood was grown—

• (a) persons with interests which are predominately economic in nature;

• (b) persons with interests which are predominantly environmental in nature; and

• (c) persons with interests which are predominantly social in nature.

• (4) The requirements specified in this sub-paragraph are—

• (a) harm to ecosystems is minimised, in particular by—

• (i) assessing the impacts of the extraction of wood from the area and adopting plans to minimise any negative impacts;

• (ii) protecting soil, water and biodiversity;

• (iii) controlling the use of chemicals and ensuring that chemicals are used in an appropriate way;

• (iv) wherever possible, using integrated pest management; and

• (v) disposing of waste in a manner that minimises any negative impacts;

• (b) the productivity of the area is maintained, in particular by—

• (i) adopting plans to avoid significant negative impacts on productivity;

• (ii) adopting procedures for the extraction of wood that minimise the impact on other uses of the area;

• (iii) providing for all of the contractors and workers who are working in the area to be adequately trained in relation to the maintenance of productivity; and

• (iv) maintaining an adequate inventory of the trees in the area (including data on the growth of the trees and on the extraction of wood) so as to ensure that wood is extracted from the area at a rate which does not exceed its long-term capacity to produce wood;

• (c) compliance with the requirements of head (b) is monitored, the results of that monitoring reviewed and planning updated accordingly;

• (d) the health and vitality of ecosystems is maintained, in particular by—

• (i) adopting plans to maintain or increase the health and vitality of ecosystems;

• (ii) adopting plans to deal with natural processes or events such as fires, pests and diseases; and

• (iii) taking adequate measures to protect the area from unauthorised activities such as illegal logging, mining and encroachment;

• (e) biodiversity is maintained, in particular by—

• (i) implementing safeguards to protect rare, threatened and endangered species;

• (ii) conserving key ecosystems in their natural state; and

• (iii) protecting features and species of outstanding or exceptional value;

• (f) those responsible for the management of the area (and any contractors engaged by them) comply with the local and national laws relating to health and safety and the welfare of workers;

• (g) those responsible for the management of the area have regard to—

• (i) legal, customary and traditional rights of tenure and land use;

• (ii) mechanisms for resolving grievances and disputes relating to tenure and land use rights, forest or land management practices and working conditions; and

• (iii) safeguarding the health and safety and rights of workers;

• (h) there is a regular assessment of the extent to which those responsible for the management of the area have met the requirements set out in heads (a) to (g).

• (5) In this paragraph—

• “the Forest Europe Sustainable Forest Management Criteria” means the criteria for sustainable forest management in Lisbon Resolution L2 of the third Ministerial Conference on the Protection of Forests in Europe held in June 1998;

• “integrated pest management” has the meaning given in Article 3(6) of Directive 2009/128/EC of the European Parliament and of the Council establishing a framework for Community action to achieve the sustainable use of pesticides; and

• “local and national laws” in relation to a site means laws applying in the locality in which the site is situated, whether made at a local or national level.

Exempt purposes

7

For the purposes of paragraphs 4(d) and 6(1)(d), biomaterial is added to a fuel for an exempt purpose if—

• (a) it is added to the fuel—

• (i) to act as a binding agent; or

• (ii) to reduce the emissions of dust, carbon dioxide, methane or nitrous oxide from the use of the fuel; and

• (b) it does not exceed 2% by weight of the fuel.

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

Determining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge its renewables obligation: obligation periods beginning on or after 1st April 2019

12A

• (1) This article applies in respect of an obligation period beginning on or after 1st April 2019.

• (2) Subject to article 12C, where the total obligation for the obligation period is calculation A, the number of renewables obligation certificates that a designated electricity supplier is required to produce in order to discharge its renewables obligation is, for each megawatt hour of relevant electricity that it supplies during that period, equal to—

$0.154×CC−D.$

• (3) Subject to article 12C, where the total obligation for the obligation period is calculation B, the number of renewables obligation certificates that a designated electricity supplier is required to produce in order to discharge its renewables obligation is, for each megawatt hour of relevant electricity that it supplies during that period, equal to—

$E×CC−D.$

• (4) Subject to article 12C, for the purposes of paragraphs (2) and (3)—

• (a) C is the estimate made by the Secretary of State under article 8(1) of the 2015 Order of the total amount of electricity likely to be supplied to customers in Great Britain during the obligation period;

• (b) D is the estimate made by the Secretary of State under article 13A(2) of the 2015 Order of the total amount of EII excluded electricity likely to be supplied to customers in Great Britain during the obligation period; and

• (c) E is equal to—

$Calculation B for the obligation period×0.154Calculation A for the obligation period.$

• (5) The Scottish Ministers must publish, by the 1st October preceding the obligation period, the number of renewables obligation certificates that a designated electricity supplier is required to produce in respect of each megawatt hour of relevant electricity that it supplies during that period in order to discharge its renewables obligation for that period.

Determining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge its renewables obligation: special arrangements for obligation periods in respect of which article 12A does not apply

12B

• (1) This article applies in respect of—

• (a) the 2017/18 obligation period; and

• (b) the 2018/19 obligation period.

• (2) Subject to paragraph (3), following the publication under article 12(4) of the obligation level for an obligation period in respect of which this article applies, the Scottish Ministers may revise the obligation level in accordance with paragraph (4).

• (3) The Scottish Ministers must not revise an obligation level under paragraph (2)—

• (a) after the 23rd November falling within the obligation period to which the obligation level relates; or

• (b) more than once in relation to any obligation period.

• (4) Any revision of an obligation level under paragraph (2) must be calculated in accordance with—

• (a) article 12A(2) where the total obligation for the obligation period is calculation A; or

• (b) article 12A(3) where the total obligation for the obligation period is calculation B,

with the references to “D” in the formulae set out in article 12A(2) and (3) being treated as references to the estimate made by the Secretary of State under article 13B(4) of the 2015 Order of the total amount of EII excluded electricity likely to be supplied to customers in Great Britain during the obligation period.

• (5) If the Scottish Ministers revise an obligation level under paragraph (2), they must publish the revised obligation level within 7 days.

• (6) In the case of the 2017/18 obligation period—

• (a) if the Scottish Ministers publish a revised obligation level under paragraph (5) on or before 31st October 2017, the number of renewables obligation certificates a designated electricity supplier is required to produce in order to discharge its renewables obligation is—

• (i) for each megawatt hour of relevant electricity that it supplies during the part of the obligation period beginning with the first day of the obligation period and ending with 31st December 2017, the original obligation level; and

• (ii) for each megawatt hour of relevant electricity that it supplies during the part of the obligation period beginning with 1st January 2018 and ending with the last day of the obligation period, the revised obligation level;

• (b) if the Scottish Ministers publish a revised obligation level under paragraph (5) on or after 1st November 2017, the number of renewables obligation certificates a designated electricity supplier is required to produce in order to discharge its renewables obligation is—

• (i) for each megawatt hour of relevant electricity that it supplies during the part of the obligation period beginning with the first day of the obligation period and ending with the last day of the third month after the publication date, the original obligation level; and

• (ii) for each megawatt hour of relevant electricity that it supplies during the part of the obligation period beginning with the first day of the fourth month after the publication date and ending with the last day of the obligation period, the revised obligation level.

• (7) In the case of the 2018/19 obligation period—

• (a) if the Scottish Ministers publish a revised obligation level under paragraph (5) on or before 31st December 2017 the number of renewables obligation certificates a designated electricity supplier is required to produce in order to discharge its renewables obligation is, for each megawatt hour of relevant electricity that it supplies during that obligation period, the revised obligation level; and

• (b) if the Scottish Ministers publish a revised obligation level under paragraph (5) on or after 1st January 2018 the number of renewables obligation certificates a designated electricity supplier is required to produce in order to discharge its renewables obligation is—

• (i) for each megawatt hour of relevant electricity that it supplies during the part of the obligation period beginning with the first day of the obligation period and ending with the last day of the third month after the publication date, the original obligation level; and

• (ii) for each megawatt hour of relevant electricity that it supplies during the part of the obligation period beginning with the first day of the fourth month after the publication date and ending with the last day of the obligation period, the revised obligation level.

• (8) In this article—

• “2017/18 obligation period” means the obligation period beginning on 1st April 2017;

• “2018/19 obligation period” means the obligation period beginning on 1st April 2018;

• “obligation level” means the number of renewables obligation certificates that a designated electricity supplier is required to produce in respect of each megawatt hour of electricity that it supplies to customers in Scotland during an obligation period in order to discharge its renewables obligation for that period as determined under article 12(1) or (2);

• “original obligation level” means the obligation level as published under article 12(4);

• “publication date” means the date of publication of the revised obligation level under paragraph (5); and

• “revised obligation level” means the obligation level as revised in accordance with paragraph (4).

Further provision in relation to the production of renewables obligation certificates

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

Determining the number of renewables obligation certificates to be produced by a designated electricity supplier in order to discharge its renewables obligation: revisions of the obligation level for the 2024/25 obligation period

12C

• (1) This article applies in respect of the 2024/25 obligation period.

• (2) Following the publication under article 12A(5) of the obligation level for the 2024/25 obligation period, the Scottish Ministers may revise the obligation level in accordance with paragraph (5).

• (3) If the Scottish Ministers revise the obligation level under paragraph (2), they may provide that the revised obligation level applies for such part of the 2024/25 obligation period as specified.

• (4) The Scottish Ministers may not revise the obligation level under paragraph (2)—

• (a) after 31 March 2024, or

• (b) more than once.

• (5) Any revision of the obligation level under paragraph (2) must be calculated in accordance with—

• (a) article 12A(2) where the total obligation for the 2024/25 obligation period is calculation A, or

• (b) article 12A(3) where the total obligation for the 2024/25 obligation period is calculation B,

with the references to “D” in the formulae set out in article 12A(2) and (3) being treated as references to the estimate made by the Secretary of State under article 13C(3) of the 2015 Order of the total amount of EII excluded electricity likely to be supplied to customers in Great Britain during the 2024/25 obligation period.

• (6) If the Scottish Ministers revise the obligation level under paragraph (2), they must publish the revised obligation level within 7 days beginning with the day on which the obligations level is revised.

• (7) In this article—

• “2024/25 obligation period” means the obligation period beginning on 1st April 2024,

• “obligation level” means the number of renewables obligation certificates that a designated electricity supplier is required to produce in respect of each megawatt hour of electricity that it supplies to customers in Scotland during the obligation period in order to discharge its renewables obligation for that period as determined under article 12A(2) or 12A(3),

• “revised obligation level” means the obligation level as revised under paragraph (2).

Further provision in relation to the production of renewables obligation certificates