The Renewable Transport Fuel Obligations (Amendment) Order 2011

Amendment of article 12 (duty to require information from obligated suppliers)

8.—(1) For articles 12(1) and (2), substitute—

“(1) The Administrator must, by the specified date referred to in article 4(3)(b), impose a requirement on an obligated supplier(1), and on any non-obligated supplier who applies for RTF certificates, to provide the Administrator with—

(a) information as to—

(i) whether the supplier has supplied any relevant hydrocarbon oil at or for delivery to places in the United Kingdom during each relevant period;

(ii) whether the supplier has supplied any renewable transport fuel at or for delivery to places in the United Kingdom during each relevant period;

(iii) the amount of any relevant hydrocarbon oil which has been supplied by the supplier at or for delivery to places in the United Kingdom, or received by the supplier from another transport fuel supplier(2) at places in the United Kingdom, during each relevant period;

(iv) the types of any relevant hydrocarbon oil supplied or received as described in paragraph (iii) during each relevant period and, in respect of each type—

(aa) the volume supplied;

(bb) the energy content; and

(cc) in the case of partially renewable transport fuel, the volume attributable to relevant feedstocks;

(v) the compliance of any renewable transport fuel supplied, but excluding the volume of such fuel which is not attributable to relevant feedstocks, with the sustainability criteria;

(vi) the volume content of any renewable transport fuel supplied, but excluding the volume of such fuel which is not attributable to relevant feedstocks, which is attributable to—

(aa) sustainable feedstocks;

(bb) sustainable wastes; and

(b) the additional sustainability information in respect of any renewable transport fuel supplied, but excluding the volume of such fuel which is not attributable to relevant feedstocks.

(2) In paragraph (1) a “relevant period” means such period as the Administrator may notify to the obligated supplier for the purposes of that paragraph or, in the absence of such notice, a period during an obligation period in respect of which information has not been provided by the supplier under this article and which—

(a) begins with 15th December and ends with the 31st December immediately following,

(b) begins with 1st January and ends with the 14th January immediately following, or

(c) begins with the 15th day of any month other than December and ends with the 14th day of the immediately following month.”

(2) In article 12(4)(a), omit “to the best of the supplier’s knowledge and belief”.

(3) For article 12(6), substitute—

“(6) The Administrator may impose requirements as to—

(a) the form in which the evidence must be produced,

(b) the methodology to be used in compiling and producing the evidence, and

(c) the period within which the evidence must be produced.”

(4) After article 12(6), insert—

“(7) Where the Administrator imposes a requirement under this article on a transport fuel supplier to produce evidence, the supplier must produce that evidence and ensure that it is—

(a) accurate; and

(b) produced in such form, and using such methodology, and within such period, as the Administrator requires.”

(1)

“Obligated supplier” is defined in article 2(1) of the Renewable Transport Fuel Obligations Order 2007.

(2)

“Transport fuel supplier” is defined in section 132(1) of the Energy Act 2004.