The Renewables Obligation (Scotland) Amendment Order 2015
| Year | 2015 |
2015 No. 384
Electricity
The Renewables Obligation (Scotland) Amendment Order 2015
Made 10th November 2015
Coming into force 1st December 2015
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 32(1), 32B(1), 32C(1) to (6), 32D(1) and (2), 32J(3) and 32K(1) and (3) of the Electricity Act 19891(“the 1989 Act”) and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 19722(“the 1972 Act”) and all other powers enabling them to do so.
This Order makes provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Scottish Ministers that it is expedient for the references to Annex 5 to Directive 2009/28/ECof the European Parliament and of the Council on the promotion of the use of energy from renewable sources3in Schedule 2 to this Order (land criteria) to be construed as a reference to Annex 5 to that Directive as amended from time to time.
In accordance with section 32L(1) of the 1989 Act4the Scottish Ministers consulted the Gas and Electricity Markets Authority5, the National Association of Citizens Advice Bureaux, the Scottish Association of Citizens Advice Bureaux, the electricity suppliers to whom this Order applies and such generators of electricity from renewable sources and such other persons as the Scottish Ministers considered appropriate.
In accordance with section 32L(3) of the 1989 Act and paragraph 2(2) of Schedule 2 to the 1972 Act a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Renewables Obligation (Scotland) Amendment Order 2015 and comes into force on 1st December 2015.
(2) In this Order “the principal Order” means the Renewables Obligation (Scotland) Order 20096.
Amendment of the principal Order
2. The principal Order is amended in accordance with articles 3 to 15.
Interpretation
3. In article 2(1)—
(a) after the definition of “anaerobic digestion” insert—
““animal excreta” means excreta produced by animals and includes biomass wholly derived from excreta produced by animals;”;
(b) in the definition of “connected person”, for “section 839 of the Income and Corporation Taxes Act 1988” substitute “section 1122 of the Corporation Tax Act 20107”;
(c) after the definition of “declared net capacity” insert—
““demonstration lease” means a lease granted by the Crown Estate, one of whose purposes is testing, demonstrating and approving the viability of a wind turbine;”;
(d) for the definition of “greenhouse gas emission criteria” substitute—
““greenhouse gas emission criteria” means—
(a) in the case of bioliquid, the criteria set out in Schedule A1 (greenhouse gas emission criteria for bioliquid); and
(b) in all other cases, the criteria set out in Part 1 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass);”;
(e) in the definition of “relevant material”, for “4(1)(a)” substitute “4(1A)(a)”;
(f) after the definition of “relevant material” insert—
““relevant target” has the meaning given by paragraph 1 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass);”;
(g) in the definition of “Renewables Directive”, for “Schedule A1” substitute “Schedules A1 and A2”; and
(h) for the definition of “waste” substitute—
““waste” has the meaning given in Article 3(1) of Directive 2008/98/ECof the European Parliament and of the Council on waste8but—
(a) also includes anything derived from waste; and
(b) does not include landfill gas or sewage gas.”.
Biomass and fuels which are to be treated as biomass
4. In article 4—
(a) in paragraph (1A)(a)9, for “or algae” substitute “, algae or bacteria”;
(b) in paragraph (1B)(a)10, for “material” to the end substitute “relevant material”; and
(c) in paragraph (7), for “plant” to the end substitute “relevant material”.
Combustion units in relation to which a CFD or investment contract has been entered into
5. In article 21B(7)(a)11, for “21st” substitute “31st”.
Circumstances in which no SROCs are to be issued in respect of electricity generated from solid or gaseous biomass
6. After article 22 (circumstances in which no SROCs are to be issued in respect of electricity generated from renewable sources) insert—
“Circumstances in which no SROCs are to be issued in respect of electricity generated from solid or gaseous biomass
22ZA.—(1) This article applies to biomass (other than animal excreta, bioliquid, landfill gas, sewage gas or waste).
(2) No SROCs are to be issued in respect of any electricity generated by a generating station from biomass to which this article applies unless—
(a)
(a) the generating station has a total installed capacity of less than one megawatt; or
(b)
(b) the biomass meets the greenhouse gas emission criteria and the land criteria.”.
Common agricultural policy requirements in the case of bioliquids
7. For article 22B(b)(i) and (ii)12substitute—
“(i)
“(i) cultivated in a manner that breached a requirement or standard listed in the third column of the table in Annex 2 to Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy13(“the 2013 Regulation”) and corresponding to the entry in the first column of that table for “environment, climate change, good agricultural condition of land”;
(ii)
(ii) cultivated in a manner that breached statutory management requirement number 10 in Annex 2 to the 2013 Regulation; or
(iii)
(iii) obtained from land which does not meet the minimum requirements for good agricultural and environmental condition defined pursuant to Article 94 of the 2013 Regulation.”.
SROCs to be issued by Authority in respect of a generating station’s RO eligible renewable output
8. In article 24—
(a) in paragraph (2), for “paragraph” substitute “paragraphs (2A) and”;
(b) after paragraph (2) insert—
“2A Where—
(a) electricity was generated—
(i) by a generating station with a total installed capacity of at least one megawatt; and
(ii) using biomass (other than animal excreta, bioliquid, landfill gas, sewage gas or waste); and
(b) the greenhouse gas emissions from the use of that biomass are above the relevant target,
SROCs in respect of that electricity must not be issued before the end of the second month following the obligation period in which the electricity was generated.
2B For the purposes of paragraph (2A), the greenhouse gas emissions from the use of biomass must be calculated in accordance with paragraphs 3 to 5 of Schedule A1A (greenhouse gas emission criteria for solid and gaseous biomass).”.
Offshore wind generating stations using test and demonstration wind turbines
9. Omit article 30C(4)(b)14.
Offshore wind generating stations using floating wind turbines
10. In article 30D15—
(a) for paragraph (3)(b) substitute—
“(b)
“(b) it confirms that—
(i) to the best of the operator’s knowledge and belief the electricity generated was generated by a generating station using only floating wind turbines; and
(ii) the lease in respect of which the generating station is entitled to operate at that particular area of seabed is a demonstration lease issued by the Crown Estate in relation to that site.”; and
(b) at the end of paragraph (4) insert “and not by any other means”.
Information to be provided to the Authority where electricity is generated from biomass
11. For article 54 substitute—
“54.—(1) This article applies to a generating station—
(a)
(a) which generates electricity (wholly or partly) from biomass (other than municipal waste, landfill gas or sewage gas); and
(b)
(b) which is not a microgenerator.
(2) In relation to each consignment of biomass (other than municipal waste, landfill gas or sewage gas) used in a generating station to which this article applies, the operator of the station must, by the 30th June immediately following the obligation period during which the biomass is used (“the relevant date”), provide the Authority with—
(a)
(a) the information specified in paragraph (3);
(b)
(b) other than in the case of biomass which was gas formed by the anaerobic digestion of material which was—
(i) animal excreta; or
(ii) waste,
the information specified in paragraph (4); and
(c)
(c) other than in the case of biomass which—
(i) was used in a generating station with a total installed capacity of at least one megawatt; or
(ii) was animal excreta, bioliquid or waste,
the information specified in paragraph (5).
(3) The information specified in this paragraph is information identifying, to the best of the operator’s knowledge and belief—
(a)
(a) the material from which the biomass was composed;
(b)
(b) where the biomass was solid and can take different forms, the form of the biomass;
(c)
(c) whether the biomass was animal excreta or waste;
(d)
(d) where the biomass was plant matter or derived from plant matter, the country where the plant matter was grown; and
(e)
(e) where the information specified in sub-paragraph (d) is not known or the biomass was not plant matter or derived from plant matter, the country from which the operator obtained the biomass.
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