3.  The Renewable Transport Fuel Obligations Order 2007(2) is amended in accordance with this Part.

Amendment of article 1A

4.  In article 1A, omit paragraph (4).

Amendment of article 2

5.  In article 2(1)—

(a)for the definition of “additional sustainability information” substitute—

““additional sustainability information” means the information specified in the guidance published by the Administrator under article 15(1)(m);”;

(b)in the definition of “assessment time”—

(i)in sub-paragraph (b), for “is it sold to a retail” substitute “it is sold to a”;

(ii)in sub-paragraph (c), after “transport fuel” insert “, not falling within sub-paragraph (b),”;

(iii)in sub-paragraph (d), for “(b) or (c)” substitute “(b), (c) or (e)”;

(iv)after sub-paragraph (d) insert—

“(e)in relation to a maritime RFNBO, the time at which the RFNBO is dispensed for use in a ship;”;

(c)for the definition of “the directive” substitute—

““forest biomass” means biomass produced from forestry;

“forest criteria” means the criteria set out in Schedule 3;

“GHG” means greenhouse gas;”;

(d)after the definition of “issue of an additional RTF certificate” insert—

““land criteria” means the criteria set out in Schedule 2;”

(e)in the definition of “non-road transports”, after sub-paragraph (d) insert—

“(e)any train not falling within sub-paragraph (a);

(f)any mode of transport that would fall within sub-paragraph (a) but for the fact it is not fitted with an engine within a category set out in paragraph 1 of Article 4 of Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery;”(3);

(f)in the definition of “relevant crops”, for “feedstocks listed in Annex IX of the directive” substitute “dedicated energy crops”;

(g)for the definition of “renewable energy obligation” substitute—

““renewable energy obligation” means a scheme, including a scheme under which such requirements may be fulfilled by using RTF certificates or certificates equivalent to RTF certificates, requiring—

(h)after the definition of “RTF account” insert—

““ship” includes every description of vessel used in navigation, other than non-road transports;

“soil carbon criteria” means the criteria in paragraph 2(2) of Schedule 1;

“support scheme” means any instrument, scheme or mechanism applied by an EEA state, a group of EEA states or the United Kingdom, that promotes the use of energy from renewable sources by—

and for this purpose “instrument, scheme or mechanism” includes investment aid, tax exemptions or reductions, tax refunds, renewable energy obligations, and direct price schemes including feed-in tariffs and sliding or fixed premium payments;;”;

(i)in the definition of “sustainability criteria”, for “the Schedule” substitute “Schedule 1”;

(j)for the definition of “sustainable feedstock” substitute—

““sustainable feedstock” means a relevant feedstock, which—

Amendment of article 3

6.—(1) Article 3 is amended as follows.

(2) After paragraph (5B) insert—

“(5C) “Maritime RFNBO” means a RFNBO that is for use in ships.”.

(3) In paragraph (10)—

(a)for “or renewable hydrogen” substitute “, renewable hydrogen or a compound derived from renewable hydrogen”;

(b)in sub-paragraph (b), after “road vehicles” insert “, or is a maritime RFNBO”.

Amendment of article 4

7.—(1) Article 4 is amended as follows.

(2) In paragraph (6C), for the table substitute—

(3) In paragraph (8)(a)(ii), after “road vehicles” insert “, or is a maritime RFNBO”.

(4) In paragraph (9)—

(a)in sub-paragraph (a), for “or (d)” substitute “, (d) or (e)”;

(b)after sub-paragraph (d) insert—

“(e)where the relevant fuel is a maritime RFNBO in the form of ammonia, one kilogram of that fuel must be treated as equivalent to 0.66 litres of liquid relevant fuel;

(f)where the relevant fuel is a maritime RFNBO in the form of methanol, one litre of that fuel must be treated as equivalent to 0.70 litres of liquid relevant fuel.”.

Amendment of article 5

8.—(1) Article 5 is amended as follows.

(2) In paragraph (2A)(a), after “road vehicles” insert “, or is a maritime RFNBO”.

(3) In paragraph (5)—

(a)in sub-paragraph (a), for “or (d)” substitute “, (d) or (e)”;

(b)after sub-paragraph (d) insert—

“(e)where the renewable transport fuel is a maritime RFNBO in the form of ammonia, one kilogram of that fuel must be treated as equivalent to 0.66 litres of liquid renewable transport fuel;

(f)where the renewable transport fuel is a maritime RFNBO in the form of methanol, one litre of that fuel must be treated as equivalent to 0.70 litres of liquid renewable transport fuel.”.

(4) In paragraph (6)(a), after “partially renewable” insert “transport”.

Amendment of article 15

9.  After article 15(1)(l) insert—

“(m)to publish guidance explaining—

(i)the information that constitutes additional sustainability information;

(ii)how the Administrator is to be satisfied that the soil carbon criteria are met;

(iii)for the purposes of paragraph 3 of Schedule 1, how the GHG emission saving from the use of an amount of renewable transport fuel is to be determined and, in particular, how default values and actual values are to be determined in relation to an amount of renewable transport fuel;

(iv)how the Administrator is to be satisfied that the land criteria are met;

(v)how the Administrator is to be satisfied that the forest criteria are met.”.

Amendment of article 16

10.—(1) Article 16 is amended as follows.

(2) For paragraph (2)(a)(ii) substitute—

“(ii)the renewable transport fuel, or a chemical precursor to it, has not already been, and will not be, counted under a support scheme, or a United Kingdom renewable energy obligation other than the renewable transport fuel obligation of the supplier (but see paragraph (6)); and”.

(3) For paragraph (3)(ea) substitute—

“(ea)the Administrator is satisfied that the renewable transport fuel, or a chemical precursor to it, has not already been, and will not be, counted under a support scheme, or a United Kingdom renewable energy obligation other than the renewable transport fuel obligation of the supplier (but see paragraph (6));”.

(4) After paragraph (5) insert—

“(6) Nothing in paragraphs (2)(a)(ii) or (3)(ea) applies to support schemes in the form of—

(a)investment aid benefitting the production plant in which the renewable transport fuel was produced, whether situated in the United Kingdom or elsewhere; or

(b)the reduction in any duty payable in the United Kingdom under the 1979 Act.”.

Amendment of article 17

11.  In article 17(1)(a), after “road vehicles” insert “, or is a maritime RFNBO”.

Amendment of article 23

12.  In Article 23(8A), for “is £0.30” substitute—

“is—

(a)where it relates to an application for an RTF certificate made on or before 31st December 2021, £0.30;

(b)where it relates to an application for an RTF certificate made on or after 1st January 2022, £0.50”.

Amendment of the Schedule

13.—(1) The Schedule is amended as follows.

(2) Renumber the Schedule as Schedule 1.

(3) In paragraph 1—

(a)omit the definition of “GHG”;

(b)omit the definition of “nature protection area”;

(c)omit the words from the definition of “primary forest” to the end.

(4) For paragraph 2 substitute—

“Compliance with the sustainability criteria

2.—(1) To the extent that renewable transport fuel was produced from a feedstock listed in column (2) of the table below, that feedstock meets the sustainability criteria if it meets the conditions specified, in relation to the feedstock concerned, in column (3) of the table.

(2) A relevant feedstock meets the soil carbon criteria if the renewable transport fuel supplier provides evidence, by reference to the guidance published by the Administrator under article 15(1)(m), that satisfies the Administrator that adequate monitoring or management plans are in place for the land concerned which address the impacts on soil quality and soil carbon of the harvesting of the relevant feedstock from that land.

(3) In the table, “GHG emission saving threshold” means the threshold established in accordance with paragraph 3.”.

(5) In paragraph 3—

(a)in sub-paragraph (3)—

(i)in paragraph (a), for “in accordance with paragraph 5” substitute “by reference to the guidance published by the Administrator under article 15(1)(m)”;

(ii)in paragraph (b), for “in accordance with paragraph 6” substitute “by reference to the guidance published by the Administrator under article 15(1)(m)”;

(b)in sub-paragraph (4), for “any guidance produced by the Administrator under article 15(2)(b)” substitute “the guidance published by the Administrator under article 15(1)(m)”.

(6) In paragraph 4, for sub-paragraphs (a) and (b) substitute—

“(a)where the renewable transport fuel is not RFNBO—

(i)if the fuel is produced in an old chain of installations, 55%;

(ii)if the fuel is produced in a new chain of installations, 65%;

(b)where the renewable transport fuel is RFNBO, 65%.”.

(7) Omit paragraphs 5 to 9.

Insertion of Schedules 2 and 3

14.  After Schedule 1 (as so renumbered) insert—