The Renewables Obligation Order (Northern Ireland) 2009

• (iii) the fossil fuel and the relevant energy crops have been burned in separate combustion units, and

• (d) using—

• (i) pre-2013 capacity, or

• (ii) 2013/15 capacity, 2015/16 capacity or post-2016 capacity in respect of which a declaration has been made in accordance with Article 26(8).

• (2) Paragraph (3) applies to electricity to which this Article applies which is generated before 1st April 2015.

• (3) Where this paragraph applies, the amount of electricity to be stated in each NIROC is—

• (a) in respect of the qualifying proportion of the electricity to which this paragraph applies, $1013$ of a megawatt hour; and

• (b) in respect of the remainder of the electricity to which this paragraph applies, $54$ of a megawatt hour.

• (4) Paragraph (5) applies to electricity to which this Article applies which is generated on or after 1st April 2015.

• (5) Where this paragraph applies, the amount of electricity to be stated in each NIROC is—

• (a) in respect of the qualifying proportion of the electricity to which this paragraph applies, $23$ of a megawatt hour; and

• (b) in respect of the remainder of the electricity to which this paragraph applies, 1 megawatt hour.

• (6) Paragraphs (a), (b) and (d) of paragraph 1(2) of Part 1 of Schedule 2 apply for the purposes of this Article as they apply for the purposes of that Schedule.

• (7) In this Article, “relevant energy crops” has the same meaning as in Article 26D.

• (8) This Article is subject to Article 30.

Microgenerators and qualifying new small scale generators

Qualifying new onshore wind stations and qualifying new solar photovoltaic stations

Qualifying new hydro stations

Qualifying new anaerobic digestion stations

Microgeneration Certification Scheme

Generating stations which were accredited as at 11th July 2006

Wave and tidal stream generating stations

28A

• (1) This Article applies to electricity which is generated—

• (a) using 2012/17 marine capacity, and

• (b) by a generating station to which Article 27 does not apply.

• (2) Where the total installed capacity of the 2012/17 marine capacity of the station does not exceed 30 megawatts as at the date of the generation of the electricity, the amount of electricity to be stated in each NIROC issued in respect of electricity to which this Article applies is $15$ of a megawatt hour.

• (3) Where the total installed capacity of the 2012/17 marine capacity of the station exceeds 30 megawatts as at the date of the generation of the electricity, the amount of electricity to be stated in each NIROC—

• (a) issued in respect of the relevant proportion of the electricity to which this Article applies, is $15$ of a megawatt hour;

• (b) issued in respect of the remainder of the electricity to which this Article applies, is to be determined in accordance with Article 25(4) to (8).

• (4) In any month where 2012/17 marine capacity forms part, but not the whole, of the total installed capacity of a generating station, the proportion of the station’s renewable output which, for the purposes of paragraphs (2) and (3), is generated using 2012/17 marine capacity is $AB$.

• (5) In paragraph (4)—

• (a) A is the total installed capacity of the 2012/17 marine capacity in the month in question; and

• (b) B is the total installed capacity of the station in the month in question.

• (6) In this Article—

• “2012/17 marine capacity”, in relation to a generating station, means any capacity which—generates electricity from the capture of the energy created from—the motion of naturally occurring tidal currents in water, orthe motion of naturally occurring waves on water,in the Authority’s view, forms part of the station from a date no earlier than 1st April 2012 and no later than 31st March 2017,has, on or before 31st March 2017, generated electricity in respect of which NIROCs may be issued, andin the case of a generating station accredited on or before 31st March 2012, does not form part of the capacity of the station as accredited;

• “the relevant proportion”, in relation to electricity generated using the 2012/17 marine capacity of a generating station, is the proportion which 30 megawatts bears to the total installed capacity of the 2012/17 marine capacity as at the date of generation of the electricity;

• “total installed capacity”, in relation to 2012/17 marine capacity, means the maximum capacity at which the 2012/17 marine capacity could be operated for a sustained period without causing damage to it (assuming the source of power used by it to generate electricity was available to it without interruption).

• (7) This Article is subject to Article 30.

Generating stations which were accredited, or held preliminary accreditation, as at 31st March 2009

Qualifying existing onshore wind stations and qualifying existing solar photovoltaic stations

Qualifying existing hydro stations

Generating stations in respect of which a statutory grant has been awarded

Review of banding provisions

Registration as a grace period generating station

50A

• (1) This Article applies to a generating station—

• (a) which is first commissioned on or after 1stMay 2013, and

• (b) in respect of which an application for accreditation is made under Article 50(4) on or before 30thSeptember 2013.

• (2) The operator of a generating station to which this Article applies may submit a request to the Authority for the generating station to be registered under this Article as a grace period generating station.

• (3) A request for a generating station to be registered as a grace period generating station must be accompanied by—

• (a) the documents specified in paragraph (4)(a), (b) and (c),

• (b) the documents specified in paragraph (4)(d), (e) and (f), or

• (c) the documents specified in paragraph (4)(a), (b), (d), (e) and (g).

• (4) The documents specified in this paragraph are—

• (a) a copy of a grid connection agreement specifying a grid connection date which is no later than 30thApril 2013;

• (b) a letter from a network operator who is a party to the grid connection agreement confirming (whether or not such confirmation is subject to any conditions or other terms) that—

• (i) the grid connection was made after the grid connection date, and

• (ii) in the network operator’s opinion, the failure to make the grid connection on or before the grid connection date was not due to any breach of the grid connection agreement by a relevant person;

• (c) a declaration made in writing by the operator of the generating station that, to the best of their knowledge and belief, the station would have been commissioned on or before 30thApril 2013 if the grid connection had been made on or before the grid connection date;

• (d) a copy of a radar works agreement specifying a radar works completion date which is no later than 30thApril 2013;

• (e) a letter from a party to the radar works agreement who is not a relevant person confirming (whether or not such confirmation is subject to any conditions or other terms) that—

• (i) the radar works were completed after the radar works completion date, and

• (ii) in that person’s opinion, the failure to complete the radar works on or before the radar works completion date was not due to any breach of the radar works agreement by a relevant person;

• (f) a declaration made in writing by the operator of the generating station that, to the best of their knowledge and belief, the station would have been commissioned on or before 30thApril 2013 if the radar works had been completed on or before the radar works completion date;

• (g) a declaration made in writing by the operator of the generating station that, to the best of their knowledge and belief, the station would have been commissioned on or before 30thApril 2013 if—

• (i) the grid connection had been made on or before the grid connection date, and

• (ii) the radar works had been completed on or before the radar works completion date.

• (5) Where the operator of a generating station to which this Article applies submits a request for registration of the generating station as a grace period generating station, the Authority must not register the generating station under this Article as a grace period generating station unless—

• (a) the request to register the generating station as a grace period generating station was received by the Authority before the Authority had made its decision on the application for accreditation of the generating station,

• (b) the Authority is satisfied that the request complies with the requirements of paragraph (3),

• (c) the Authority is satisfied that the generating station was commissioned before 1stOctober 2013, and

• (d) the Authority decides to grant the application for accreditation of the generating station.

• (6) In circumstances where the Authority has reason to believe that the information on which a decision to register a generating station as a grace period generating station was based was incorrect in a material particular, and having regard to those circumstances the Authority considers it appropriate to do so, the Authority may withdraw the registration in question.

• (7) The Authority must notify the operator of the generating station in writing of—

• (a) its decision on a request to register the station as a grace period generating station;

• (b) any withdrawal of registration of the station as a grace period generating station.

• (8) The written notification under paragraph (7)(a) must be provided by the Authority at the same time as the written notification under Article 50(9) of its decision on the application for accreditation of the generating station.

• (9) In this Article—

• “grid connection” means a connection between a generating station and a transmission system or distribution system for the purpose of enabling electricity to be conveyed from the generating station to that system;

• “grid connection agreement” means an agreement between a relevant person and a network operator for the making of a grid connection;

• “grid connection date”, in relation to a grid connection agreement, means the earliest of any date specified in the grid connection agreement by which—the grid connection is required to be made, orit is estimated that the grid connection would be made;

• “network operator” means a—distribution exemption holder,distribution licence holder, ortransmission licence holder;

• “radar works” means—the construction of a radar station,the installation of radar equipment,the carrying out of modifications to a radar station or to radar equipment; orthe testing of a radar station or radar equipment;

• “radar works agreement” means an agreement between a relevant person and a person who is not a relevant person for the carrying out of radar works;

• “radar works completion date”, in relation to a radar works agreement, means the earliest of any date specified in the radar works agreement by which—the radar works are required to be completed, orit is estimated that the radar works would be completed;

• “relevant person”, in relation to a request for a generating station to be registered as a grace period generating station, means—the operator of the generating station, ora person who arranged for the construction of the generating station.

NIROC Register

Modification of this Order in relation to microgenerators in certain circumstances

Revocation, transitional and savings

PART2A — AMOUNT OF ELECTRICITY TO BE STATED IN NIROCs ISSUED FOR ELECTRICITY GENERATED USING 2013/14 CAPACITY AND 2014/15 CAPACITY

Generation type	Amount of electricity (in megawatt hours) to be stated in a NIROC issued for electricity generated using—	Amount of electricity (in megawatt hours) to be stated in a NIROC issued for electricity generated using—
	2013/14 capacity	2014/15 capacity
AD	$12$	$12$
Advanced gasification/pyrolysis	$12$	$12$
Building mounted solar PV	$1017$	$58$
Co-firing of regular bioliquid	2	2
Dedicated biomass	$23$	$23$
Dedicated energy crops	$12$	$12$
Electricity generated from landfill gas	1	1
Electricity generated from sewage gas	2	2
Energy from waste with CHP	1	1
Geopressure	1	1
Geothermal	$12$	$12$
Ground mounted solar PV	$58$	$58$
High-range co-firing	$109$	$109$
Hydroelectric	$107$	$107$
Low-range co-firing	2	2
Mid-range co-firing	$53$	$53$
Offshore wind	$12$	$12$
Onshore wind	$109$	$109$
Standard gasification/pyrolysis	$12$	$12$
Station conversion	1	1
Tidal impoundment – tidal barrage	$12$	$12$
Tidal impoundment – tidal lagoon	$12$	$12$
Tidal stream	$12$	$12$
Unit conversion	1	1
Wave	$12$	$12$

PART2B — AMOUNT OF ELECTRICITY TO BE STATED IN NIROCs ISSUED FOR ELECTRICITY GENERATED USING 2015/16 CAPACITY OR POST-2016 CAPACITY

Generation type	Amount of electricity (in megawatt hours) to be stated in a NIROC issued for electricity generated using—	Amount of electricity (in megawatt hours) to be stated in a NIROC issued for electricity generated using—
	2015/16 capacity	Post-2016 capacity
AD	$1019$	$59$
Advanced gasification/pyrolysis	$1019$	$59$
Building mounted solar PV	$23$	$57$
Closed landfill gas	5	5
Co-firing of regular bioliquid	2	2
Dedicated biomass	$23$	$57$
Dedicated energy crops	$1019$	$59$
Electricity generated from sewage gas	2	2
Energy from waste with CHP	1	1
Geopressure	1	1
Geothermal	$1019$	$59$
Ground mounted solar PV	$23$	$56$
High-range co-firing	$109$	$109$
Hydroelectric	$107$	$107$
Landfill gas heat recovery	10	10
Low-range co-firing	2	2
Mid-range co-firing	$53$	$53$
Offshore wind	$1019$	$59$
Onshore wind	$109$	$109$
Standard gasification/pyrolysis	$1019$	$59$
Station conversion	1	1
Tidal impoundment – tidal barrage	$1019$	$59$
Tidal impoundment – tidal lagoon	$1019$	$59$
Tidal stream	$12$	$12$
Unit conversion	1	1
Wave	$12$	$12$

PART2C — AMOUNT OF ELECTRICITY TO BE STATED IN NIROCs ISSUED FOR ELECTRICITY GENERATED USING PRE-2013 CAPACITY OR 2013/15 CAPACITY WHERE ARTICLE 26(3) OR (4) APPLIES

Generation type	Amount of electricity (in megawatt hours) to be stated in a NIROC issued in respect of the qualifying proportion of electricity generated using pre-2013 capacity or 2013/15 capacity	Amount of electricity (in megawatt hours) to be stated in a NIROC issued in respect of the remainder of the electricity generated using pre-2013 capacity or 2013/15 capacity
Co-firing of regular bioliquid with CHP	1	2
Dedicated biomass with CHP	$12$	$23$
High-range co-firing with CHP	$57$	$109$
Low-range co-firing with CHP	1	2
Mid-range co-firing with CHP	$1011$	$53$
Station conversion with CHP	$23$	1
Unit conversion with CHP	$23$	1

PART2D — AMOUNT OF ELECTRICITY TO BE STATED IN NIROCS ISSUED FOR ELECTRICITY GENERATED USING 2015/16 CAPACITY WHERE ARTICLE 26(5) OR (6)APPLIES

Generation type	Amount of electricity (in megawatt hours) to be stated in a NIROC issued in respect of the qualifying proportion of electricity generated using 2015/16 capacity	Amount of electricity (in megawatt hours) to be stated in a NIROC issued in respect of the remainder of the electricity generated using 2015/16 capacity
Co-firing of regular bioliquid with CHP	1	2
Dedicated biomass with CHP	$1019$	$23$
High-range co-firing with CHP	$57$	$109$
Low-range co-firing with CHP	1	2
Mid-range co-firing with CHP	$1011$	$53$
Station conversion with CHP	$23$	1
Unit conversion with CHP	$23$	1

PART2E — AMOUNT OF ELECTRICITY TO BE STATED IN NIROCS ISSUED FOR ELECTRICITY GENERATED USING POST-2016 CAPACITY WHERE ARTICLE 26(7) APPLIES

Generation type	Amount of electricity (in megawatt hours) to be stated in a NIROC issued in respect of the qualifying proportion of electricity generated using post-2016 capacity	Amount of electricity (in megawatt hours) to be stated in a NIROC issued in respect of the remainder of the electricity generated using post-2016 capacity
Co-firing of regular bioliquid with CHP	1	2
Dedicated biomass with CHP	$59$	$57$
High-range co-firing with CHP	$57$	$109$
Low-range co-firing with CHP	1	2
Mid-range co-firing with CHP	$1011$	$53$
Station conversion with CHP	$23$	1
Unit conversion with CHP	$23$	1

Solid and gaseous biomass sustainability audit report

46B

• (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—

• (a) in the case of biomass which is waste..., provided the information specified in Article 46(3)(c);

• (b) in the case of biomass which is not waste..., provided the information specified in Article 46(5)

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 relevant information are likely to produce information which is reasonably accurate and reliable;

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

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

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

• (a) in relation to a consignment of biomass which is waste..., the information specified in Article 46(3)(c) that is provided to the Authority by the operator of the generating station in respect of the consignment;

• (b) in relation to a consignment of biomass which is not waste..., the information specified in Article 46(5) that is provided to the Authority by the operator of the generating station in respect of the consignment.

• (7) Reference in this Article to biomass do not include bioliquid, landfill gas, sewage gas, municipal waste or excreta produced by animals.

Provision of information to the Department

Exchange of information with the Great Britain authority

Functions of the Authority

Preliminary accreditation and accreditation of generating stations

Registration as a grace period generating station

NIROC Register

Modification of this Order in relation to microgenerators in certain circumstances

Revocation, transitional and savings

Circumstances in which no NIROCs are to be issued in respect of electricity generated from solid or gaseous biomass

21ZA

• (1) This Article applies to biomass (other than animal excreta, bioliquid, landfill gas, sewage gas or waste).

• (2) No NIROCs are to be issued in respect of any electricity generated by a generating station from biomass to which this Article applies unless—

• (a) the generating station has a total installed capacity of less than one megawatt; or

• (b) the biomass meets the greenhouse gas emission criteria and the land criteria.

SCHEDULE A1A — Greenhouse gas emission criteria for solid and gaseous biomass

PART 1 — Greenhouse gas emission 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” in Schedule 2 (electricity to be stated in NIROCs);

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

The greenhouse gas emission criteria

2

Biomass meets the greenhouse gas emission criteria for solid and gaseous biomass—

• (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 mega joule 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 one 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 combined heat and power generating station, $Eηel(ηelηel+Ch×ηh)$; and

• (b) in any other case, $Eηel$.

7

In paragraph (6)—

• (a) $ηel$ is equal to $AF$ where—

• (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;

• (b) $ηh$ is equal to $HF$ where—

• (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; and

• (c) $Ch$ is equal to—

• (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 (“$Tmax$”) is less than 423 degrees kelvin, 0.3546;

• (ii) in any other case, $Tmax−273Tmax$; and

• (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 to 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 “$eu$ = emissions from the fuel in use” there was substituted “$eu$ = zero”;

• (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 life-cycle 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 combined heat and power generating station, $Eηel(ηelηel+Ch×ηh)$; and

• (b) in any other case, $Eηel$.

9

In paragraph (8)—

• (a) $ηel$, $ηh$ and $Ch$ have the same meaning as in Part 2; and

• (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—	2
which are made from residue from forestry carried out in European temperate continental forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by wood	2
Wood briquettes or wood pellets—	20
which are made from residue from forestry carried out in tropical or subtropical forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by natural gas	20
Wood briquettes or wood pellets—	17
which are made from residue from forestry carried out in tropical or subtropical forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by wood	17
Wood briquettes or wood pellets—	35
which are made from residue from forestry carried out in European temperate continental forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by natural gas	35
Wood briquettes or wood pellets—	4
which are made from short rotation forestry carried out in European temperate continental forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by wood	4
Wood briquettes or wood pellets—	22
which are made from short rotation forestry carried out in European temperate continental forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by natural gas	22
Wood briquettes or wood pellets—	22
which are made from short rotation forestry carried out in tropical or subtropical forest; andwhere the process to produce the wood briquettes or wood pellets was fuelled by wood	22
Wood briquettes or wood pellets—	40
which are made from short rotation forestry carried out in tropical or subtropical forest; andwhere 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—	34
the whole maize plant was used in the process to produce the biogas; andthe maize was not grown by organic farming methods	34
Biogas produced from maize, where—	19
the whole maize plant was used in the process to produce the biogas; andthe maize was grown by organic farming methods	19

Land criteria: bioliquids

Land criteria: woody biomass

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 mega joule of electricity did not exceed the relevant target.

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

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

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

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

• (5) For the purposes of sub-paragraph (4)(b), the percentage difference between the greenhouse gas emissions from the use of the bioliquid and the greenhouse gas emissions from the use of fossil fuel must be calculated using the method provided for in paragraphs 1, 2 and 5 to 18 of Part C of Annex 5 to the Renewables Directive.

• (6) For the purposes of this paragraph—

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

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

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

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

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

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

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

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

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

Sustainable source

6

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• (ii) protecting soil, water and biodiversity;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• (5) In this paragraph—

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

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

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

Exempt purposes

7

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

• (a) it is added to the fuel—

• (i) to act as a binding agent; or

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

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