The Renewable Transport Fuel Obligations (Amendment) Order 2009

• Citation: S.I. 2009/843
• Sections: 5

Section 1 Citation and commencement

This Order may be cited as the Renewable Transport Fuel Obligations (Amendment) Order 2009 and comes into force on 15th April 2009.

Section 2 Preliminary

The Renewable Transport Fuel Obligations Order 2007 shall be amended as follows.

Section 3 Amendment of article 3 (definitions of fuels and fuel products)

(1) Article 3 shall be amended as follows.

(2) After paragraph (2) insert—

(2A) “Biobutanol” means a liquid consisting of butanol produced wholly from biomass and capable of being used for the same purposes as light oil.

(3) After paragraph (5) insert—

(5A) “Light oil” has the same meaning as in the 1979 Act .

(4) Omit paragraph (9).

(5) In paragraph (10), for sub-paragraph (b) substitute—

(b) within paragraph (13), and

(6) After paragraph (10) insert—

(10A) “Renewable diesel” means heavy oil—

(a) which is produced wholly from biomass or waste cooking oil or a combination of biomass and waste cooking oil,

(b) the ester content of which does not exceed 0.0005% by weight or is nil, and

(c) the sulphur content of which does not exceed 0.005% by weight or is nil.

(7) In paragraph (12), after “biodiesel” insert “, renewable diesel”.

(8) After paragraph (12) insert—

(13) Hydrocarbon oil is within this paragraph if it is—

(a) in the case of hydrocarbon oil supplied at or for delivery to places in the United Kingdom during the obligation period beginning on 15th April 2008, chargeable to the duty of excise on hydrocarbon oil under section 6 of the 1979 Act , or

(b) in the case of hydrocarbon oil supplied at or for delivery to places in the United Kingdom during the obligation period beginning on 15th April 2009 or any subsequent obligation period, of one of the descriptions set out in paragraph (14).

(14) For the purposes of paragraph (13)(b) the descriptions are—

(a) hydrocarbon oil which is chargeable to the duty of excise on hydrocarbon oil under section 6 of the 1979 Act, other than the renewable diesel component in hydrocarbon oil comprising a mixture of heavy oil which is not renewable diesel and heavy oil which is renewable diesel;

(b) the heavy oil component in bioblend, where a duty of excise is chargeable in relation to that bioblend under the 1979 Act , other than any renewable diesel component which is included in the heavy oil component; or

(c) the hydrocarbon oil component in bioethanol blend, where a duty of excise is chargeable in relation to that bioethanol blend under the 1979 Act .

Section 4 Amendment of article 4 (the renewable transport fuel obligation)

(1) Article 4 shall be amended as follows.

(2) In paragraph (4), for sub-paragraph (c) substitute—

(c) in relation to the volume of such oil calculated in accordance with sub-paragraphs (a) and (b)—

(i) for the obligation period beginning on 15th April 2008, the specified amount is an amount equal to 2.5641% of that volume;

(ii) for the obligation period beginning on 15th April 2009, the specified amount is an amount equal to 3.3592% of that volume;

(iii) for the obligation period beginning on 15th April 2010, the specified amount is an amount equal to 3.6269% of that volume;

(iv) for the obligation period beginning on 15th April 2011, the specified amount is an amount equal to 4.1667% of that volume;

(v) for the obligation period beginning on 15th April 2012, the specified amount is an amount equal to 4.7120% of that volume; and

(vi) for each subsequent obligation period, the specified amount is an amount equal to 5.2632% of that volume.

Section 5 Amendment of article 5 (determinations of amounts of transport fuel)

(1) Article 5 shall be amended as follows.

(2) In paragraph (3)—

(a) omit sub-paragraph (c);

(b) after sub-paragraph (e) omit “or”; and

(c) after sub-paragraph (f) insert—

(g) biobutanol in relation to which a duty of excise is chargeable under the 1979 Act and which is supplied at or for delivery to places in the United Kingdom on or after 15th April 2009;

(h) renewable diesel in relation to which a duty of excise is chargeable under the 1979 Act and which is supplied at or for delivery to places in the United Kingdom on or after 15th April 2009;

(i) the renewable diesel component in bioblend which contains renewable diesel, being bioblend in relation to which a duty of excise is chargeable under the 1979 Act and which is supplied at or for delivery to places in the United Kingdom on or after 15th April 2009; or

(j) the renewable diesel component in hydrocarbon oil, being hydrocarbon oil—

(i) comprising a mixture of heavy oil which is not renewable diesel and heavy oil which is renewable diesel,

(ii) in relation to which a duty of excise is chargeable under the 1979 Act , and

(iii) which is supplied at or for delivery to places in the United Kingdom on or after 15th April 2009.

(3) In paragraph (6) omit “or (c)”.