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Catherine Burke Rtfo
Catherine Burke Rtfo
Catherine Burke Rtfo
Catherine Burke Rtfo
Catherine Burke Rtfo
Catherine Burke Rtfo
Catherine Burke Rtfo
Catherine Burke Rtfo
Catherine Burke Rtfo
Catherine Burke Rtfo
Catherine Burke Rtfo
Catherine Burke Rtfo
Catherine Burke Rtfo
Catherine Burke Rtfo
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Catherine Burke Rtfo

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Biofuels Seminar …

Biofuels Seminar
Joint Event with EnviroInnovate at the Birmingham City University Technology Innovation Centre
5th November 2008

Published in: Technology, Business
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  • 1. RENEWABLE TRANSPORT FUEL OBLIGATION Catherine Burke Partner Energy and Projects www.martineau-uk.com E: lawyers@martineau-uk.com
  • 2. Introduction • The obligation • Administration • European targets • Sustainability criteria www.martineau-uk.com www.martineau-johnson.co.uk
  • 3. Legislation • Energy Act 2004 • The Renewable Transport Fuel Obligations Order 2007 – Came into force 27 October 2007 www.martineau-uk.com www.martineau-johnson.co.uk
  • 4. The Obligation • Imposed on: – every transport fuel supplier who in an “obligation period” [15th April – 14th April] owns hydrocarbon oil on 5th October (or next working day)  supplies that oil at or for delivery to places in the UK  • Does not apply to a “non-obligated supplier” – one which supplies less than 450,000 litres • Deduction for smaller supplier – less than 10m litres • What counts? – Fuel for use in road vehicles – Certain descriptions – biodiesel, biodiesel component of bioblend, bioethanol, natural road fuel gas • Person applying must own the fuel www.martineau-uk.com www.martineau-johnson.co.uk
  • 5. The Obligation (2) • For each period 15th April to 14th April (“specified period”) produce to RFA, by the following 5th October (“specified date”) RTF certificates (“evidence”) which – Is of the specified form and – Shows that the “specified amount” of renewable transport fuel was supplied at or for delivery in the UK www.martineau-uk.com www.martineau-johnson.co.uk
  • 6. The Obligation (3) “specified amount” • 15th April 2008 – 14th April 2009 – 2.5641% (volume) • 15th April 2009 – 14th April 2010 – 3.8961% (volume) • Each subsequent “obligation period” – 5.2632% (volume) www.martineau-uk.com www.martineau-johnson.co.uk
  • 7. Administration • The Office of the Renewable Fuels Agency • RTF Accounts – Obligatory accounts – Optional accounts • Closure of accounts • Information from supplier each month • Report to Parliament www.martineau-uk.com www.martineau-johnson.co.uk
  • 8. RTF Certificates • Application by a supplier • Issued by the RFA • Certificate covers each litre of fuel • Issue recorded in the RTF account of the supplier • Transferable between account holders • Can be carried forward but 25% limit • Revocation www.martineau-uk.com www.martineau-johnson.co.uk
  • 9. Discharging the Obligation • RFA notifies supplier of – amount of renewable fuel which should have been supplied – RTF certificates held in the supplier’s RTF account • Supplier surrenders RTF certificates or pays “buy-out payment” – shortfall x “buy-out price” • Buy-out price is 35p less duty derogation until 15th April 2010 and is then 30p less duty derogation • Interest on late payments www.martineau-uk.com www.martineau-johnson.co.uk
  • 10. Re-cycling buy-out payments • Buy-out fund is allocated amongst complying suppliers www.martineau-uk.com www.martineau-johnson.co.uk
  • 11. Civil Penalties • Failure to apply for an account within 28 days • Failure to produce RFT certificate • Payment of the buy-out amount • Inaccurate information www.martineau-uk.com www.martineau-johnson.co.uk
  • 12. European Targets • Sustainability concerns • 10% share of biofuels in transport fuels by 2020 • 5% by 2015 • 40% of this from non-food and feed competing second-generation biofuels, electricity or hydrogen www.martineau-uk.com www.martineau-johnson.co.uk
  • 13. Sustainability criteria • Biofuels must save at least 45% of GHG emissions compared to fossil fuels • And 60% from 2015 • “social sustainability criteria” – Respect for land rights – Fair remuneration www.martineau-uk.com www.martineau-johnson.co.uk
  • 14. Catherine Burke Tel: 0870 763 1552 catherine.burke@martineau-uk.com www.martineau-uk.com E: lawyers@martineau-uk.com

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