Legalize / United Kingdom / Statutory-Instrument

The Renewables Obligation Order 2015

Type Statutory-Instrument

Publication 2015-11-26

Last updated 2025-12-15

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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articles 9

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(ii) whether an emission saving from soil carbon accumulation via improved agricultural management was included in the calculation of the greenhouse gas emissions from the use of the bioliquid.

(4) Subject to paragraph (5), it is for the operator of the generating station to demonstrate to the Authority's satisfaction that the sustainability audit report was prepared to an adequate standard.

(5) A sustainability audit report shall be deemed to have been prepared to an adequate standard if it has been prepared in accordance with the requirements in respect of limited assurance engagements prescribed in ISAE 3000, or an equivalent standard.

(6) Where, in relation to bioliquid used in a generating station to which this article applies, the operator of the station fails to provide the Authority with a sustainability audit report meeting the requirements specified in paragraph (3) by the relevant date, the Authority must, in relation to any ROCs to which the operator would otherwise be entitled, postpone the issue of those ROCs (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 ROCs which the Authority has or estimates that it has or, but for this article, would have issued in respect of the electricity generated by the bioliquid in relation to which a sustainability audit report meeting the requirements specified in paragraph (3) should have been provided.

(8) In this article—

“actual value method” has the same meaning as in Schedule 1;

“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 a bioliquid or matter from which the bioliquid is derived;

“mixed value method” has the same meaning as in Schedule 1;

“restored degraded land bonus” means the bonus referred to in paragraphs 7 and 8 of Part C of Annex 5 to the Renewables Directive;

“sustainability information”, in relation to a consignment of bioliquid, means the information submitted to the Authority by the operator of a generating station for the purpose of demonstrating that the bioliquid meets the greenhouse gas criteria and the land criteria.

Solid and gaseous biomass sustainability audit report

84

(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 submitted sustainability information, 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 sustainability information are likely to produce information which is reasonably accurate and reliable;

(c) consider whether there are controls in place to help protect the sustainability 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 sustainability information;

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

(f) state whether anything has come to the attention of the person preparing the report to indicate that the sustainability 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 ROCs to which the operator would otherwise be entitled, postpone the issue of those ROCs (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 ROCs 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, “sustainability information” means—

(a) in relation to a consignment of biomass which is waste, the information specified in article 82(3)(c) that is provided to the Authority by the operator of the generating station in respect of the biomass;

(b) in relation to a consignment of biomass which is not waste, any information submitted to the Authority by the operator of a generating station for the purpose of demonstrating that the biomass meets the greenhouse gas criteria and the land criteria.

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

PART 10 — Functions of the Authority

Determination of matters by the Authority

85

Where this Order provides for any matter to be determined by the Authority—

(a) the Authority may require the operator of the generating station to demonstrate to the Authority's satisfaction how that matter is to be determined, and

(b) the Authority is entitled to have regard to any material (whether or not produced to it by the operator of the generating station) if, in its opinion, that material indicates how the matter is to be determined.

Functions of the Authority

86

(1) In addition to the functions assigned to it elsewhere in this Order, the Authority must carry out the following specific functions—

(a) keeping, maintaining and making available to the public a list of generating stations granted preliminary accreditation in accordance with article 88 (or article 58 of the 2009 Order) and accreditation in accordance with article 89 (or article 58ZZA of the 2009 Order), together with any applicable conditions attached to the preliminary accreditation or accreditation;

(b) keeping and maintaining a list of ROCs which have been revoked and making such list available to the public;

(c) calculating and publishing before the start of each obligation period the sum which corresponds to a ROC for that period by virtue of article 67(4);

(d) calculating and publishing before the start of each obligation period the amount which is the mutualisation cap for that period by virtue of article 73(5);

(da) calculating and publishing the mutualisation threshold (referred to in article 72(4)) for each obligation period—

(i) in the case of the obligation period beginning on 1st April 2021, as soon as reasonably practicable after the date on which the Renewables Obligation (Amendment) Order 2021 comes into force;

(ii) in the case of any subsequent obligation period, before the start of that obligation period;

(e) publishing from time to time during an obligation period the total ROC claim for that period;

(f) by the 1st April each year publishing a report in relation to the obligation period ending with the 31st March in the previous calendar year (“the relevant period”), such report to include details (or, in the case of paragraph (ix), a summary) of—

(i) the compliance of each designated electricity supplier with its renewables obligation, for the relevant period, including the extent to which that obligation was met by the production of UK ROCs under article 7(2), payments made under article 67 or the production of Northern Ireland certificates under article 14(1), or was treated as met by payments made under article 68;

(ii) the sums received by each UK supplier under article 71 in relation to the relevant period;

(iii) the number of ROCs issued by the Authority, the number of ROCs accepted by it under article 7(2), and the number of ROCs issued by it but not yet deleted from the Register in relation to the relevant period;

(iv) the number of ROCs issued by the Authority in relation to the relevant period categorized by reference to the way in which the electricity in respect of which the ROCs were issued was generated;

(v) any notices published by the Authority under article 74(2) in relation to the relevant period;

(vi) any payments made to the Authority in accordance with article 74(5), during or in relation to the relevant period;

(vii) the sums received by each compliant UK supplier under article 77, during or in relation to the relevant period;

(viii) any recalculations carried out by the Authority in accordance with article 75(5), during or in relation to the relevant period;

(ix) the outcome of any enquiries or investigations conducted by the Authority pursuant to sub-paragraph (g) in relation to the relevant period; and

(x) any other matters which the Authority considers relevant in relation to the relevant period;

(g) monitoring compliance with this Order by designated electricity suppliers and operators of generating stations (including compliance by operators of generating stations with any conditions attached to their accreditation), where such monitoring may include conducting enquiries or investigations into—

(i) the amount of electricity generated from renewable sources by accredited generating stations;

(ii) the amount of such electricity supplied to customers in Great Britain;

(iii) the transfer and holding of ROCs (including the transfer and holding of ROCs issued to agents by virtue of article 19;

(iv) the effect of such matters on the making and allocation of payments under articles 67, 68, 71, 74, 76 and 77; and

(v) the effect of the renewables obligation on the activities and operations of designated electricity suppliers and operators of generating stations;

(h) publishing at its discretion reports of enquiries or investigations conducted by the Authority pursuant to sub-paragraph (g); and

(i) the provision of such information to the Northern Ireland authority as the Authority considers may be relevant to the exercise of the Northern Ireland authority's functions under any NIRO Order.

(2) The Authority must, as soon as reasonably practicable after each obligation period, forward to the Secretary of State a summary of the information submitted to it during that period by the operators of generating stations for the purpose of demonstrating that bioliquid meets the greenhouse gas criteria and the land criteria.

(3) In this article—

“compliant UK supplier” and “UK supplier” have the same meanings as in Part 8; and

“total ROC claim” means the total number of ROCs which have been claimed in respect of an obligation period, less—the number of ROCs which have been issued in respect of that obligation period, andthe number of ROCs which the Authority has, in respect of that obligation period, decided not to issue or refused to issue under article 24.

Exchange of information with the Northern Ireland Authority

87

(1) The Authority must, as soon as reasonably practicable after the specified day following an obligation period, notify the Northern Ireland authority of—

(a) the details of each Northern Ireland certificate produced to the Authority by a designated electricity supplier in discharge of that supplier's renewables obligation for that period and the name of the designated electricity supplier in question; and

(b) the total number of Northern Ireland certificates produced to the Authority in respect of that obligation period.

(2) The Authority must, as soon as reasonably practicable after receiving a notification from the Northern Ireland authority as to the ROC identifiers of ROCs produced to the Northern Ireland authority by Northern Ireland suppliers under any NIRO Order, inform the Northern Ireland authority of—

(a) the ROC identifier of any ROC so notified which the Authority has revoked under article 24 and whether it has issued a replacement ROC in respect of any such ROC (unless that replacement ROC has itself been revoked), and

(b) the ROC identifier of any ROC so notified that has been produced to the Authority by a designated electricity supplier under article 7(2) and the date on which it was produced.

(3) The Authority must, as soon as reasonably practicable after the specified day following an obligation period, notify the Northern Ireland authority of the number of UK ROCs produced to the Authority in respect of that period.

(4) In this article, “ROC identifier” has the meaning given by paragraph 3 of Schedule 4.

Preliminary accreditation of generating stations

88

(1) Subject to paragraph (2), the Authority may, upon the application of a person who proposes to construct or operate a generating station, grant the station preliminary accreditation if—

(a) the station is not yet commissioned, and

(b) it is a station in respect of which—

(i) consent under section 36 of the Act or Article 39 of the Electricity (Northern Ireland) Order 1992 has been obtained,

(ii) planning permission under the Town and Country Planning Act 1990 has been granted and any conditions as to the time period in which the development to which it relates must be begun have not been breached, ...

(iii) development consent under the Planning Act 2008 has been granted , or

(iv) infrastructure consent under the Infrastructure (Wales) Act 2024 has been granted and any conditions as to the time period in which the development to which it relates must be begun have not been breached.

(2) The Authority must not grant preliminary accreditation to a generating station—

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

(b) if a CFD has been entered into at any time in relation to the generation of electricity by the station, or

(c) ... if an investment contract has been entered into at any time in relation to the generation of electricity by the station.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In paragraph (1) (b)(ii) “development” has the meaning given in section 55(1) of the Town and Country Planning Act 1990.

(5) In paragraph (1)(b)(iv) “development” has the meaning given in section 133 of the Infrastructure (Wales) Act 2024.

Accreditation of generating stations

89

(1) This article applies to the granting of accreditation of generating stations by the Authority, and paragraphs (2) and (3) are subject to paragraph (4).

(2) Where a generating station has been commissioned, the Authority may, upon the application of its operator (or, where ROCs relating to electricity generated by that station are to be issued to an agent by virtue of article 19, that agent), grant the station accreditation.

(3) 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 ROCs may be issued,

(b) subject to paragraph (5), if the generating station is a potential feed-in tariff generating station,

(c) subject to paragraph (6), if the application for accreditation is not accompanied by the documents specified in paragraph (9),

(d) subject to paragraph (7), if an application for a CFD has been made at any time in relation to the generation of electricity by the station, or

(e) ... if an investment contract has been entered into 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 accompanied by a notice in writing stating whether support for electricity generated by the station should be given in the form of ROCs or in the form of financial incentives under a feed-in tariff scheme.

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

(a) is a potential feed-in tariff generating station, or

(b) is a microgenerator.

(7) Paragraph (4)(d) does not apply if the application for accreditation is accompanied by the document specified in paragraph (9)(a)(ii).

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) 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 delivery body or by the Secretary of State; and

(b) ...

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

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In this article “potential feed-in tariff generating station” means a generating station in relation to which support may be given in the form of financial incentives under the feed-in tariff scheme to encourage the generation of electricity by the station.

Preliminary accreditation and accreditation: common provisions

90

(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 or accreditation, 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;

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

(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,

(d) 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 not have been granted, or

(e) there has been a change in applicable legislation since the accreditation was granted such that, in the Authority's opinion, the station to which the accreditation relates is no longer likely to generate electricity in respect of which ROCs may be issued.

(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 of offshore wind turbines

91

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

(a) is accredited, and

(b) generates electricity using offshore wind turbines.

(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 forming part, or intended to form part, of the generating station to be registered under this article.

(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.

(4) Subject to paragraph (4A) The application must be received by the Authority on or before 31st March 2017.

(4A) Where the generating station generates electricity in the circumstances set out in any one or more of articles 5, 6, 7 and 11 of the Renewables Obligation Closure Order 2014, the application must be received by the Authority on or before 31st March 2018.

(5) 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 92(5)(a), and

(b) the document referred to in article 92(5)(b).

(6) Following receipt of an application meeting the requirements of paragraphs (3) to (5), 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 after 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 original capacity of the station on more than 4 separate occasions; and

(d) where the wind turbines form part of the original 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.

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

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

(9) 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.

(10) In this article, “registrable additional turbine” means an offshore wind turbine which—

(a) does not form part of the original capacity of a generating station, and

(b) was not used to generate electricity before 1st April 2011.

Registration of additional capacity

92

(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

(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 ROCs 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 delivery body or by the Secretary of State; and

(b) ...

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

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

ROC Register

93

(1) The Authority must establish and maintain a register of ROCs (“the Register”) in accordance with Schedule 4.

(2) A ROC is issued for the purpose of this Order at the point at which its particulars (within the meaning of Schedule 4) are entered in the Register by the Authority.

(3) Without prejudice to the foregoing provisions of this article and Schedule 4, the Authority must ensure that the Register contains, by way of entries made in it—

(a) an accurate record of the particulars of each ROC which is issued by the Authority (including the person who is for the time being its registered holder) and which remains eligible to be produced to the Authority; and

(b) a list of the names of all persons who either are the registered holder of a ROC or, although not at that time the registered holder of a ROC, have notified the Authority that they wish an entry to be made and maintained in respect of them as prospective registered holders of ROCs.

(4) Only the registered holder of a ROC may produce that ROC to the Authority under article 7.

PART 11 — Modifications and transitional provisions

Modification of this Order in relation to microgenerators in certain circumstances

94

(1) The operator of a microgenerator or, where ROCs relating to microgenerators are to be issued to an agent by virtue of article 19, that agent (and not the operators of the generating stations in question) may—

(a) where ROCs have not yet been issued in respect of any electricity generated during the course of an obligation period by the station or stations in question, during the course of that obligation period, or

(b) in any other case, not less than one month before the beginning of an obligation period (“the relevant obligation period”),

give notice in writing to the Authority that entitlement to ROCs in respect of electricity generated by the station or stations in question is to be determined on the basis set out in the remainder of this article.

(2) Paragraph (3) applies where the operator or, as the case may be, agent (“the notice-giver”) has given notice—

(a) as specified in paragraph (1)(a), for the remainder of the obligation period during which the notice was given and subsequent obligation periods; or

(b) as specified in paragraph (1)(b), for the relevant obligation period and subsequent obligation periods.

(3) Where this paragraph applies, the reference to “month” in each place where it occurs in the definition of “permitted ancillary purposes” in article 2(1), in articles 2(2), 24, 26 to 32, 43, 45, 56, 60 and 80 and in Schedule 4 is to be taken to be a reference to “obligation period”, subject to the following exceptions—

(a) in articles 28(1)(b) and (2) and 80(2) and (3) the reference to “the second month” is to remain unchanged;

(b) in paragraph 3(b)(i) of Schedule 4, the words “the month and year” is to be replaced by “ the obligation period ”.

(4) A notice-giver may, by notice in writing to the Authority, withdraw the notice given under paragraph (2)—

(a) if the notice was given under paragraph (2)(a), not less than one month before the beginning of any obligation period following the obligation period during which the notice was given; or

(b) if the notice was given under paragraph (2)(b), not less than one month before the beginning of any obligation period following the relevant obligation period.

(5) Where a notice-giver withdraws a notice given under paragraph (2), that notice ceases to have effect from the beginning of the obligation period in relation to which the notice under paragraph (5) was given.

Revocation and savings

95

(1) Subject to paragraphs (2) to (5)—

(a) the 2009 Order is revoked; and

(b) the following instruments amending the 2009 Order are revoked—

(i) the Renewables Obligation (Amendment) Order 2010 ,

(ii) the Renewables Obligation (Amendment) Order 2010 ,

(iii) the Renewables Obligation (Amendment) Order 2011 , except for article 2,

(iv) the Renewables Obligation (Amendment) Order 2013 , and

(v) the Renewables Obligation (Amendment) Order 2014 .

(2) Subject to paragraphs (3), the 2009 Order continues to have effect in relation to—

(a) the issue and revocation of ROCs in respect of electricity generated before this Order came into force, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to such issue or revocation;

(b) any obligations or requirements imposed on any person in respect of the obligation period ending on 31st March 2016, and anything which falls to be done or determined in relation to any such obligation or requirement;

(c) any obligations or requirements imposed on any person in respect of electricity generated before this Order came into force, and anything which falls to be done or determined in relation to any such obligation or requirement;

(d) any obligations and functions of the Authority in respect of the obligation period ending on 31st March 2016, and anything which falls to be done or determined (whether by the Authority or some other person) in relation to that obligation period.

(3) Where the 2009 Order continues to have effect by virtue of paragraph (2), it is to apply as if in article 2 of the 2009 Order, for the definition of “ROC” there was substituted—

“ROC” means a renewables obligation certificate issued by the Authority under a renewables obligation order made by the Secretary of State;

(4) Without prejudice to the generality of paragraph (2)—

(a) Parts 2 and 8 and articles 53(5) and (6), 56(1) and (3), 57(1)(e) and (f) and (2) and 87(1) of, and Schedules 1 and 3 to, the 2009 Order continue to apply in relation to the obligation period ending on 31st March 2016;

(b) article 53(1) and (2) of the 2009 Order continues to apply for the purpose of enabling the Authority to request information in respect of the discharge of the renewables obligation;

(c) articles 54 and 54B of the 2009 Order continue to apply in relation to consignments of biomass used before this Order came into force;

(d) article 54A of the 2009 Order continues to apply in relation to consignments of bioliquid used before this Order came into force;

(e) article 57(1)(g) of the 2009 Order continues to apply in relation to compliance by designated electricity suppliers in respect of obligation periods ending on or before 31st March 2016.

(5) In this article—

Transitional provisions

96

(1) In relation to the obligation period starting with 1st April 2016—

(a) in article 7(2) the renewables obligation is to produce the number of UK ROCs equal to the number of renewables obligations certificates determined in accordance with article 12 of the 2009 Order after 1st October 2014, (accordingly) articles 7(3) to 13 do not apply; and

(b) article 14(2) applies as if the reference to “the immediately preceding obligation period” were a reference to the period starting with 1st April 2015 and ending with 31st March 2016”.

(2) For the purposes of article 19(3), notifications given to the Authority include notifications given before this Order came into force.

(3) In relation to a notice given under article 19(3) on or after 1st April 2015 and before 1st April 2016, articles 19(5) and (6) apply as if the obligation period referred to in those paragraphs was the period starting with 1st April 2015 and ending with 31st March 2016.

(4) In articles 20, 21, 22, 23, 28, 42, 82 to 84 and 86(2) and 94, references to “obligation period” include the obligation period within the meaning of the 2009 Order which ends on 31st March 2016 (as if that Order had not been revoked).

(5) For the purposes of articles 20, 21, 22 or 23, in relation to the period starting with 1st April 2015 and ending with 31st March 2016, confirmations given to the Authority include a confirmation which is given on or after 1st April 2015 and before this Order came into force.

(6) For the purposes of article 24, confirmations provided to the Authority under Part 4 include confirmations provided to the Authority under Part 7 of the 2009 Order.

(7) For the purposes of article 35, a declaration is to be treated as having been made in accordance with article 35(7) regardless of whether it was made before this Order came into force.

(8) For the purposes of articles 44, 45 and 91, a wind turbine registered under article 58A of the 2009 Order is to be treated as having been registered under article 91.

(9) For the purposes of article 45, generating capacity registered under article 58B of the 2009 Order is to be treated as having been registered under article 92.

(10) For the purposes of articles 45 and 50, a CFD transfer notice includes a CFD transfer notice within the meaning of article 21B(4) of the 2009 Order (as if that Order had not been revoked) which was given to the Authority before this Order came into force.

(11) For the purpose of articles 51(2)(b) and 81, notifications (and notices under article 81(3)) given to the Authority include notifications or notices given before this Order came into force.

(12) Articles 82 to 84 do not apply to consignments of biomass or bioliquid used before this Order came into force.

(13) In relation to biomass used before 1st April 2016, paragraph 2 of Schedule 2 has effect as if for sub-paragraph (b)(iii) there were substituted—

(iii) the average greenhouse gas emissions from the relevant biomass used by the station to generate electricity during the period from the day this Order comes into force to 31st March 2016 are equal to, or less than, the relevant target.

(14) In paragraph (1) “renewables obligation certificate” has the same meaning as in the 2009 Order.

Consequential amendments to the Renewables Obligation Closure Order 2014

97

(1) The Renewables Obligation Closure Order 2014 is amended as follows.

(2) In article 2(1)—

(a) in the definitions of “accredited”, “ “commission” and “commissioned”” and “RO capacity”, for “Renewables Obligation Order 2009” substitute “ Renewables Obligation Order 2015 ”;

(b) for “ “relevant fossil fuel generating station” has the same meaning as in Schedule 2 to the Renewables Obligation Order 2009.” substitute “ “relevant fossil fuel station” has the same meaning as in Schedule 5 to the Renewables Obligation Order 2015; ”;

“landfill” has the meaning given in Article 2(g) of Council Directive 1999/31/EC ;

“regular biomass” means biomass and bioliquids;

; and

“waste” has the meaning given in section 75(2) of the Environmental Protection Act 1990 but does not include gas derived from landfill sites or gas produced from the treatment of sewage.

(3) In article 2(2)—

(a) for “2009” substitute “ 2015 ”;

(b) omit “ “regular biomass”;” and “ “waste””; and

(4) In article 2B(6) for “2009” substitute “ 2015 ”.

(5) In articles 8(1)(a)(i) and 12(1)(a)(ii) for “fossil fuel generating station” substitute “ fossil fuel station ”.

(6) In article 11(b), for “Schedule 2 to the Renewables Obligation Order 2009” substitute “ Schedule 5 to the Renewables Obligation Order 2015 ”.

(7) In article 13(10) in the definition of “offshore waters” for “2009” substitute “ 2015 ”.

SCHEDULE 1 — GREENHOUSE GAS CRITERIA FOR BIOLIQUID

Interpretation

1

In this Schedule—

“actual value method” means the calculation method for greenhouse gas emissions from the production and use of bioliquids provided for in paragraphs 1, 2 and 5 to 18 of Part C of Annex 5 to the Renewables Directive;

“default percentage” means—in relation to bioliquid described in the first column of Part A or Part B of Annex 5 to the Renewables Directive—the percentage (if any) which corresponds to that description in the third column of Part A or Part B of that Annex, orwhere a percentage corresponding to that description is not set out in the third column of Part A or Part B of that Annex, the percentage which complies with the provision corresponding to that description in the second column of Part A or Part B of that Annex,in all other cases 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 5 to the Renewables Directive, the value which corresponds to that description in the third column of that table in Part D or Part E of that Annex; ...

“greenhouse gas emissions from the use of fossil fuel” means the value given in paragraph 19 of Part C of Annex 5 to the Renewables Directive as the fossil fuel comparator for bioliquids used for electricity production;

“mixed value method” means the calculation method for greenhouse gas emissions from the production and use of bioliquids provided for in paragraphs 1, 2 and 5 to 18 of Part C of Annex 5 to the Renewables Directive, but using one or more disaggregated default values for the bioliquid when carrying out the calculation set out in paragraph 1 of Part C of that Annex; and

“relevant percentage” means— in relation to bioliquid produced by an installation that started producing liquid fuel from biomaterial before 6th October 2015—35% in the case of bioliquid used to generate electricity before 1st January 2017;50% in the case of bioliquid used to generate electricity on or after 1st January 2017;in relation to bioliquid produced by an installation that started producing liquid fuel from biomaterial on or after 6th October 2015—35% in the case of bioliquid used to generate electricity before 1st January 2017;50% in the case of bioliquid used to generate electricity on or after 1st January 2017 but before 1st January 2018;60% in the case of bioliquid used to generate electricity on or after 1st January 2018.

The greenhouse gas criteria

2

Bioliquid meets the greenhouse gas criteria if 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.

Calculating the percentage difference

3

For the purposes of paragraph 2, and subject to paragraphs 4 to 6, 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—

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

(b) when not so calculated, is equal to the default percentage.

4

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

5

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

6

The default percentage must not be used in relation to bioliquid described in the first column of Part A or Part B of Annex 5 to the Renewables Directive unless, in relation to the bioliquid, the result of the calculation in paragraph 7 of Part C of that Annex is equal to, or less than, zero.

SCHEDULE 2 — GREENHOUSE GAS CRITERIA FOR SOLID AND GASEOUS BIOMASS

PART 1 — Greenhouse gas 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” (including “dedicated biomass with CHP”) in Schedule 5;

“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 megajoule of electricity,in relation to biomass used to generate electricity on or after 1st April 2020 and before 1st April 2025, 75 grams per megajoule of electricity,in relation to biomass used to generate electricity on or after 1st April 2025, 72.2 grams per megajoule 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 megajoule 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 megajoule 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 megajoule of electricity,in relation to biomass used to generate electricity on or after 1st April 2025, 50 grams per megajoule of electricity.

The greenhouse gas criteria

2

Biomass meets the greenhouse gas criteria—

(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 megajoule 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 1 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 CHP station,

(b) in any other case,

7

In paragraph 6—

$η e l$

(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;

$η h$

(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;

$C h$

(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 (“

(ii) in any other case,

(d) E is the greenhouse gas emissions from the production of the biomass and is to be calculated in accordance with Part C of Annex 5 of the Renewables Directive but as if the following modifications were made to Part C of that Annex—

(i) in paragraph 1—

(aa) for “and use of transport fuels, biofuels and bioliquids” there was substituted “ of biomass ”,

(bb) for “E = total emissions from the use of the fuel” there was substituted “ E = greenhouse gas emissions from the production of the biomass ”, and

(cc) for “

(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 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 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 CHP station,

(b) in any other case,

9

In paragraph 8—

$η e l$

(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— (a) which are made from residue from forestry carried out in European temperate continental forest, and (b) where the process to produce the wood briquettes or wood pellets was fuelled by wood	2
Wood briquettes or wood pellets— (a) which are made from residue from forestry carried out in tropical or subtropical forest, and (b) where the process to produce the wood briquettes or wood pellets was fuelled by natural gas	20
Wood briquettes or wood pellets— (a) which are made from residue from forestry carried out in tropical or subtropical forest, and (b) where the process to produce the wood briquettes or wood pellets was fuelled by wood	17
Wood briquettes or wood pellets— (a) which are made from residue from forestry carried out in European temperate continental forest, and (b) where the process to produce the wood briquettes or wood pellets was fuelled by natural gas	35
Wood briquettes or wood pellets— (a) which are made from short rotation forestry carried out in European temperate continental forest, and (b) where the process to produce the wood briquettes or wood pellets was fuelled by wood	4
Wood briquettes or wood pellets— (a) which are made from short rotation forestry carried out in European temperate continental forest, and (b) where the process to produce the wood briquettes or wood pellets was fuelled by natural gas	22
Wood briquettes or wood pellets— (a) which are made from short rotation forestry carried out in tropical or subtropical forest, and (b) where the process to produce the wood briquettes or wood pellets was fuelled by wood	22
Wood briquettes or wood pellets— (a) which are made from short rotation forestry carried out in tropical or subtropical forest, and (b) where 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— (a) the whole maize plant was used in the process to produce the biogas, and (b) the maize was not grown by organic farming methods	34
Biogas produced from maize, where— (a) the whole maize plant was used in the process to produce the biogas, and (b) the maize was grown by organic farming methods	19

SCHEDULE 3 — 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 five 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 five metres tall, orhave the capacity to grow to a height of more than five 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;

“exempt purpose” has the meaning given in paragraph 7;

“greenhouse gas emissions from the use of fossil fuel” has the same meaning as in Schedule 1;

“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 five 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 five metres tall, orhave the capacity to grow to a height of more than five 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;

“protected source” has the meaning given in paragraph 5;

“relevant percentage” has the same meaning as in Schedule 1;

“relevant target” has the same meaning as in Part 1 of Schedule 2;

“sustainable source” has the meaning given in paragraph 6;

“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), andis 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.

Land criteria: bioliquids

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: woody biomass

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.

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

(b) the greenhouse gas emissions from the use of the fuel to generate one megajoule 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 2.

(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

(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 that 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 meet the requirements specified in sub-paragraph (2); and—

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

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

(d) 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) 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 purposes 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 predominantly economic in nature;

(b) persons with interests which are predominantly environmental 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 requirement in paragraph (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 including those 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 regular assessment of the extent to which those responsible for the management of the area have met the requirements set out in paragraphs (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 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 paragraph 4(d) and 6(1)(c), 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.

SCHEDULE 4 — THE ROC REGISTER

1

The Register must be at one or more of the Authority's premises, and may be in electronic form.

2

The Register must identify whether or not a ROC subsists and contain details of its particulars.

3

Particulars of a ROC comprise—

(a) the name of the person to whom the Authority issues the ROC or, where the Authority has amended the Register in dealing with a request for substitution in accordance with paragraph 7, the name of the substitute ( “ the registered holder ”), and

(b) an identifier unique to the ROC (“the ROC identifier”) determined by the Authority and containing the following information (or reference to that information in coded format)—

(i) the month and year during which the electricity was generated,

(ii) the location of the generating station or, where the ROC certifies the matters within section 32B(5), (6) or (8) of the Act, the location of the agent to whom, by virtue of article 19, the ROC was issued,

(iii) a description of that generating station or, where the ROC certifies the matters within section 32B(5), (6) or (8) of the Act, the generating stations to which the ROC relates, including reference to the renewable source or sources used to generate electricity,

(iv) the date of issue of the ROC, and

(v) the number given to the ROC by the Authority.

4

A person may only be the registered holder of a ROC or have an entry made and maintained in respect of them under article 93(3)(b) if they provide to the Authority in writing—

(a) evidence of their identity, and

(b) where persons are authorised to act on their behalf in respect of the production of ROCs under article 7(2) or in respect of requests for amendments to be made to the Register as provided for in this Schedule, details of those persons.

5

The Authority may from time to time draw up procedural guidelines for itself and others to assist it in maintaining the Register and carrying out its functions in respect of the Register.

6

The Authority must delete from the Register—

(a) any ROC which has been revoked by it,

(b) any ROC which has been produced to it under article 7(2),

(d) any ROC which it is asked to delete from the Register by the registered holder of the ROC, or

(e) any ROC which has been (according to the Northern Ireland authority) produced to the Northern Ireland authority by a Northern Ireland supplier under a NIRO Order,

and after a ROC is so deleted, it cannot be produced to the Authority under article 7(2).

7

Where the registered holder of a ROC and a person whom the holder wishes to be the registered holder of it require the Register to be amended, by substituting for the name of the registered holder the name of the other person (“the substitute”)—

(a) the substitute must be a person whose name is included on the list referred to in article 93(3)(b),

(b) the registered holder and the substitute must each submit to the Authority in writing requests which are identical in all material respects, and

(c) where the requirements of sub-paragraphs (a) and (b) are met, the Authority must, within 5 banking days after the banking day on which (at the commencement of its working hours) it is first in possession of the requests, amend the particulars of the ROC recorded in the Register to show the substitute as the registered holder.

8

Where the Authority receives requests under paragraph 7(b) it must inform both the registered holder of the ROC and the substitute that the requests have been received and, in the event that the requests are not identical in all material respects, must draw this to their attention.

9

Where—

(a) a ROC is issued under this Order, or

(b) a substitute is recorded as the registered holder of a ROC pursuant to paragraph 7,

the Authority must notify the registered holder or, as the case may be, the former and new registered holder of that fact in writing within 5 banking days of the issue or substitution having taken place.

10

The substitute cannot be the registered holder of a ROC until such time as the particulars of the ROC recorded in the Register identify the substitute as such.

11

The Register may be amended by a decision of the Authority—

(a) where the Authority is satisfied that an entry in the Register has been obtained by fraud,

(b) where a decision of a Court of competent jurisdiction or the operation of law requires the amendment of the Register, or

(c) where the Authority is satisfied that, for some other reason, it is necessary to amend the Register (for example, because an entry in it is incorrect).

12

The contents of the Register (including the entries referred to in article 93(3)(b)) must be available for inspection by the public on request at reasonable notice during the Authority's working hours and at the request of any person the Authority must provide a written statement of any entry on the Register including any entry referred to in article 93(3)(b).

13

Where any person considers that an entry maintained in respect of them under article 93(3)(b) should be amended or deleted, they may apply to the Authority in writing requesting that the entry be amended or deleted.

14

The Authority must in any procedural guidelines which it produces provide details of its usual working hours.

15

In this Schedule, “banking day” means a day on which banks are generally open in the City of London excluding Saturdays and Sundays.

SCHEDULE 5 — ELECTRICITY TO BE STATED IN ROCs

PART 1 — INTERPRETATION

1

(1) In this Schedule—

“2009/11 dedicated biomass station” means a generating station which has, in any month after March 2009 and before November 2011, generated electricity—only from biomass, andin respect of which ROCs were issued for all or part of the electricity so generated during that month;

“AD” means electricity generated from gas formed by the anaerobic digestion of material which is neither sewage nor material in a landfill;

“advanced gasification/pyrolysis” means electricity generated from an advanced fuel which—in the case of a gaseous fuel, has a gross calorific value of at least 4 megajoules per metre cubed at 25 degrees Celsius and 0.1 megapascals when measured at the inlet to the generating station, andin the case of a liquid fuel, has a gross calorific value of at least 10 megajoules per kilogram at 25 degrees Celsius and 0.1 megapascals when measured at the inlet to the generating station;

“building mounted solar PV” means electricity generated from the direct conversion of sunlight into electricity by equipment not installed on the ground either—directly, oron a frame, plinth or other structure installed—on the ground, andwholly or mainly for the purpose of supporting that equipment;

“closed landfill gas” means electricity generated—from landfill gas (other than electricity generated using the heat from a turbine or engine), andin a month in which the generating station generates electricity only from gas formed by the digestion of material in a landfill which has finally ceased to accept waste for disposal;

“co-firing of regular bioliquid” means electricity generated from regular bioliquid burned in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is less than 100% of the energy content of all of the energy sources burned in that combustion unit during that month, andthe generating station generates electricity partly from fossil fuel and partly from renewable sources;

“co-firing of regular bioliquid with CHP” means electricity generated from regular bioliquid burned by a qualifying CHP station in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is less than 100% of the energy content of all of the energy sources burned in that combustion unit during that month,the station generates electricity partly from fossil fuel and partly from renewable sources, andthe fossil fuel and regular bioliquid have been burned in separate combustion units;

“dedicated biomass” means electricity generated from regular bioliquid or regular biomass by a generating station—which is not a relevant fossil fuel station, andin a month in which it generates electricity only from biomass;

“dedicated biomass with CHP” means electricity generated from regular bioliquid or regular biomass by a qualifying CHP station—which is not a relevant fossil fuel station, andin a month in which it generates electricity only from biomass;

“dedicated energy crops” means electricity generated from energy crops by a generating station—which is not a relevant fossil fuel station, andin a month in which the station generates electricity only from energy crops or only from biomass;

“energy from waste with CHP” means electricity generated from the combustion of waste (other than an advanced fuel or a fuel produced by means of anaerobic digestion) in a qualifying CHP station in a month in which the station generates electricity only from renewable sources and those renewable sources include waste which is not biomass;

“geopressure” means electricity generated using naturally occurring subterranean pressure;

“geothermal” means electricity generated using naturally occurring subterranean heat;

“ground mounted solar PV” means electricity generated from the direct conversion of sunlight into electricity by equipment installed on the ground either—directly, oron a frame, plinth or other structure installed—on the ground, andwholly or mainly for the purpose of supporting that equipment;

“high-range co-firing” means electricity generated from energy crops or regular biomass burned in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is at least 85% but is less than 100% of the energy content of all of the energy sources burned in that combustion unit during that month, andthe generating station generates electricity partly from fossil fuel and partly from renewable sources;

“high-range co-firing with CHP” means electricity generated from energy crops or regular biomass burned by a qualifying CHP station in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is at least 85% but is less than 100% of the energy content of all of the energy sources burned in that combustion unit during that month,the station generates electricity partly from fossil fuel and partly from renewable sources, andthe fossil fuel has been burned in a separate combustion unit from the energy crops or regular biomass;

“hydroelectric” means electricity generated by a hydro generating station;

“landfill gas heat recovery” means electricity generated using the heat from a turbine or engine, where that turbine or engine is generating electricity from landfill gas;

“low-range co-firing” means electricity generated from energy crops or regular biomass burned in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is less than 50% of the energy content of all of the energy sources burned in that combustion unit during that month, andthe generating station generates electricity partly from fossil fuel and partly from renewable sources;

“low-range co-firing with CHP” means electricity generated from energy crops or regular biomass burned by a qualifying CHP station in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is less than 50% of the energy content of all of the energy sources burned in that combustion unit during that month,the station generates electricity partly from fossil fuel and partly from renewable sources, andthe fossil fuel has been burned in a separate combustion unit from the energy crops or regular biomass;

“mid-range co-firing” means electricity generated from energy crops or regular biomass burned in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is at least 50% but is less than 85% of the energy content of all of the energy sources burned in that combustion unit during that month, andthe generating station generates electricity partly from fossil fuel and partly from renewable sources;

“mid-range co-firing with CHP” means electricity generated from energy crops or regular biomass burned by a qualifying CHP station in a combustion unit in a month in which—the energy content of the biomass burned in that combustion unit is at least 50% but is less than 85% of the energy content of all of the energy sources burned in that combustion unit during that month,the station generates electricity partly from fossil fuel and partly from renewable sources, andthe fossil fuel has been burned in a separate combustion unit from the energy crops or regular biomass;

“offshore wind” means electricity generated from wind by a generating station that is offshore;

“onshore wind” means electricity generated from wind by a generating station that is not offshore;

“regular bioliquid” means bioliquid other than—advanced fuel,fuel produced by means of anaerobic digestion,energy crops;

“regular biomass” means biomass other than—advanced fuel,fuel produced by means of anaerobic digestion,bioliquid,energy crops,landfill gas,sewage gas;

“relevant fossil fuel CHP station” means a relevant fossil fuel station which is a qualifying CHP station;

“relevant fossil fuel station” means—a generating station—which is not a 2009/11 dedicated biomass station, andwhich has, in any 6 month period since it was first commissioned, generated electricity from fossil fuel, where the energy content of the fossil fuel was more than 15% of the energy content of all of the energy sources used by the station to generate electricity during that 6 month period, ora generating station—which is a 2009/11 dedicated biomass station, andwhich has, in any 6 month period since 1st November 2011, generated electricity from fossil fuel, where the energy content of the fossil fuel was more than 15% of the energy content of all of the energy sources used by the station to generate electricity during that 6 month period;

“solar photovoltaic” means electricity generated from the direct conversion of sunlight into electricity;

“standard gasification/pyrolysis” means electricity generated from an advanced fuel which—in the case of a gaseous fuel, has a gross calorific value which is at least 2 megajoules per metre cubed but is less than 4 megajoules per metre cubed at 25 degrees Celsius and 0.1 megapascals when measured at the inlet to the generating station, andin the case of a liquid fuel, has a gross calorific value which is less than 10 megajoules per kilogram at 25 degrees Celsius and 0.1 megapascals when measured at the inlet to the generating station;

“station conversion” means electricity generated—from regular bioliquids, energy crops or regular biomass,by a relevant fossil fuel station, andin a month in which the station generates electricity only from biomass or only from energy crops;

“station conversion with CHP” means electricity generated—from regular bioliquids, energy crops or regular biomass,by a relevant fossil fuel CHP station, andin a month in which the station generates electricity only from biomass or only from energy crops;

“tidal impoundment” means electricity generated by a generating station driven by the release of water impounded behind a barrier using the difference in tidal levels where the station has a declared net capacity of less than 1 gigawatt;

“tidal stream” means electricity generated from the capture of the energy created from the motion of naturally occurring tidal currents in water;

“unit conversion” means electricity generated from regular bioliquids, energy crops or regular biomass burned in a combustion unit in a month in which—that combustion unit burns only biomass or burns only energy crops, andthe generating station generates electricity partly from fossil fuel and partly from renewable sources;

“unit conversion with CHP” means electricity generated from regular bioliquids, energy crops or regular biomass burned by a qualifying CHP station in a combustion unit in a month in which—that combustion unit burns only biomass or burns only energy crops, andthe station generates electricity partly from fossil fuel and partly from renewable sources;

“wave” means electricity generated from the capture of the energy created from the motion of naturally occurring waves on water.

(2) For the purposes of this Schedule—

(a) fossil fuel does not include waste which is a renewable source;

(b) in determining how electricity has been generated, no account is to be taken of any fossil fuel or waste which a generating station uses for permitted ancillary purposes;

(c) in determining the energy content of the energy sources used by a generating station to generate electricity, no account is to be taken of any fossil fuel or waste which the station uses for permitted ancillary purposes; and

(d) in determining the energy content of the energy sources burned in a combustion unit, no account is to be taken of any fossil fuel or waste which is used in that combustion unit for permitted ancillary purposes.

PART 2 — AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED USING PRE-2013 CAPACITY

Way of generating electricity	Amount of electricity (in megawatt hours) to be stated in a ROC issued for electricity generated using pre-2013 capacity
AD	$1 2$
Advanced gasification/pyrolysis	$1 2$
Co-firing of regular bioliquid	2
Dedicated biomass	$2 3$
Dedicated energy crops	$1 2$
Electricity generated from landfill gas	4
Electricity generated from sewage gas	2
Energy from waste with CHP	1
Geopressure	1
Geothermal	$1 2$
High-range co-firing	$10 9$
Hydroelectric	1
Low-range co-firing	2
Mid-range co-firing	$5 3$
Offshore wind	$1 2$
Onshore wind	1
Solar photovoltaic	$1 2$
Standard gasification/pyrolysis	1
Station conversion	1
Tidal impoundment	$1 2$
Tidal stream	$1 2$
Unit conversion	1
Wave	$1 2$

PART 3 — AMOUNT OF ELECTRICITY TO BE STATED IN ROCs ISSUED FOR ELECTRICITY GENERATED USING 2013/14 CAPACITY, 2014/15 CAPACITY, 2015/16 CAPACITY OR POST-2016 CAPACITY

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