National Oil Reserves Agency Act 2007
F81[Renewable transport fuel obligation.
44C.— (1) This section applies to relevant disposals of road transport fuel in respect of which, in the obligation period concerned, an oil company or an oil consumer, as the case may be, is liable to pay the levy—
(a) whether or not the levy has been paid, and
(b) in the case of an oil consumer, whether or not the oil consumer is exempt from, or has claimed an exemption from, the levy in accordance with section 38.
(2) Every oil company and oil consumer liable to pay the levy (in this Part referred to as an "obligated party") is required to ensure that in each obligation period not less than a specified amount of its relevant disposal of road transport fuel to which this section applies is renewable transport fuel (in this Part referred to as the "renewable transport fuel obligation").
F82[(3) The specified amount referred to in subsection (2) shall be expressed in megajoules and shall amount to no less than the applicable percentage, specified in section 44D for the obligation period concerned, of the total relevant disposal of road transport fuel concerned, and such specified amount shall include certified disposals of—
F83[(a) advanced biofuels and biogas and renewable fuels of non-biological origin that, in total, amount to no less than the applicable percentage, specified in section 44D, of the total relevant disposal of road transport fuel concerned (in this Part referred to as the "advanced biofuel and renewable fuels of non-biological origin obligation"),]
(b) biofuels and biogas produced from food and feed crops that, in total, amount to no greater than the applicable percentage, specified in section 44D, of the total relevant disposal of the road transport fuel concerned (in this Part referred to as the "crop cap"), and
(c) biofuels and biogas produced from high indirect land-use change-risk (in this Part referred to as "high ILUC-risk") feedstock that, in total, amount to no greater than the applicable percentage, specified in section 44D, of the total relevant disposal of the road transport fuel concerned (in this Part referred to as the "high ILUC-risk cap").]
F84[(3A) Renewable fuels of non-biological origin that are used as intermediate products for the production of conventional transport fuels and for the production of biofuels may be considered to be renewable liquid and gaseous transport fuels of non-biological origin for the purpose of subsection (3)(a), provided that the greenhouse gas emissions reduction achieved by the use of renewable fuels of non-biological origin is not counted in the calculation, set out in Schedule 3 of the Renewable Energy Regulations, of the greenhouse gas emission savings of the biofuels.]
(4) F85[…]
(5) F85[…]]
Annotations
Amendments:
F81
Substituted (16.12.2022) by European Union (Renewable Energy) (Amendment) Regulations 2022 (S.I. No. 680 of 2022), reg. 3(1)(a).
F82
Substituted (1.01.2024) by European Union (Renewable Energy) Regulations 2023 (S.I. No. 693 of 2023), art. 3(c), in operation as per art. 2(1).
F83
Substituted (1.01.2026) by European Union (Renewable Transport Fuel Obligation) Regulations 2025 (S.I. No. 664 of 2025), reg. 3(b)(i), in operation as per reg. 2.
F84
Inserted (1.01.2026) by European Union (Renewable Transport Fuel Obligation) Regulations 2025 (S.I. No. 664 of 2025), reg. 3(b)(ii), in operation as per reg. 2.
F85
Deleted (1.01.2024) by European Union (Renewable Energy) Regulations 2023 (S.I. No. 693 of 2023), art. 3(c), (d), in operation as per art. 2(1).
Modifications (not altering text):
C8
Functions transferred and references to the Minister for and Department of the Environment, Climate and Communications construed (28.02.2023, vesting day) by Oil Emergency Contingency and Transfer of Renewable Transport Fuels Functions Act 2023 (2/2023), ss. 23, 24, 28, S.I. Nos. 81, 82 of 2023, subject to transitional provisions in ss. 25-27, 29.
Transfer of functions to Minister for Transport
23. The functions conferred on the Minister by or under—
(a) sections 44A, 44C, 44D, 44E, 44F, 44G, 44H, 44I, 44J, 44K, 44L, 44M, 44N, 44Q, 44R, 44S, 44T, 44V, 44W and 44X of the Act of 2007, ...
are transferred to the Minister for Transport on the vesting day.
Transfer of administration and business
24. (1) The administration and business in connection with the performance of the functions transferred by section 23 are, on the vesting day, transferred to the Department of Transport.
(2) References to the Department of the Environment, Climate and Communications contained in any enactment (other than this Act) in so far as they relate to the administration and business transferred by subsection (1) shall, from the vesting day, be construed as references to the Department of Transport.
...
Construction of references to Minister
28. (1) References to the Minister contained in any enactment (other than this Act) in so far as they relate to any function transferred by section 23 shall, from the vesting day, be construed as references to the Minister for Transport.
...
Editorial Notes:
E28
Previous affecting provision: section inserted (9.06.2010) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 3, commenced as per s. 1(3); substituted (16.12.2022) as per F-note above.
E29
Previous affecting provision: subs. (3) amended (15.07.2022) by European Union (Renewable Energy) Regulations (2) 2022 (S.I. No. 350 of 2022), reg. 17(1)(d)(i)-(iii), in operation as per reg. 1(2); subsection substituted (16.12.2022) as per F-note above).
E30
Previous affecting provision: subs. (4) inserted (15.07.2022) by European Union (Renewable Energy) Regulations (2) 2022 (S.I. No. 350 of 2022), reg. 17(1)(d)(iv), in operation as per reg. 1(2); substituted (16.12.2022) as per F-note above.