Electricity Citation, commencement, extent and interpretation 1 1 This Order may be cited as the Renewables Obligation (Amendment) Order (Northern Ireland) 2014 and comes into operation on 1st June 2014. 2 In this Order, “the 2009 Order” means the Renewables Obligation Order (Northern Ireland) 2009 . Amendments to Article 2 of the 2009 Order (interpretation) 2 1 Article 2 of the 2009 Order is amended as follows. 2 In paragraph (1), at the appropriate place insert— “ISAE 3000” means the International Standard on Assurance Engagements 3000 published by the International Federation of Accountants; “municipal waste” means— waste from households; and other waste that, because of its nature or composition, is similar to waste from households; ; 3 In paragraph (1), for the definition of “CHPQA” substitute— “CHPQA” means the Combined Heat and Power Quality Assurance Standard, Issue 5 published by the Department of Energy and Climate Change in November 2013 and Guidance Note 44 (Use of CHPQA to obtain support for electrical output from renewable CHP under the renewables obligation), Issue 4, published by the Department of Energy and Climate Change in December 2013 ; Amendments to Article 46 of the 2009 Order (information to be provided to the Authority where electricity is generated from biomass) 3 1 Article 46 of the 2009 Order is amended as follows. 2 In paragraph (1)(a), for “waste, biomass wholly derived from waste” substitute “municipal waste”. 3 For paragraphs (2) and (3) substitute— 2 In relation to each consignment of biomass (other than landfill gas, sewage gas or municipal waste) 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 the information specified in paragraph (3), b other than in the case of biomass which was gas formed by the anaerobic digestion of material which was— i excreta produced by animals, or ii waste, the information specified in paragraph (3ZA), and c other than in the case of biomass which was— i bioliquid, ii excreta produced by animals, iii waste, or iv wholly derived from waste, the information specified in paragraph (3ZB). 3 The information specified in this paragraph is information identifying, to the best of the operator’s knowledge and belief— a the material from which the biomass was composed; b where the biomass was solid and can take different forms, the form of the biomass; c whether the biomass was waste or wholly derived from waste; d whether the biomass was excreta produced by animals; e where the biomass was plant matter or derived from plant matter, the country where the plant matter was grown; and f where the information specified in sub-paragraph (e) is not known or the biomass was not plant matter or derived from plant matter, the country from which the operator obtained the biomass. 3ZA The information specified in this paragraph is information identifying, to the best of the operator’s knowledge and belief— a where the biomass was solid, its mass (in tonnes); b where the biomass was liquid, its volume (in litres) when measured at 25 degrees Celsius and 0.1 megapascals; c where the biomass was gas, its volume (in cubic metres) when measured at 25 degrees Celsius and 0.1 megapascals; d where the biomass was an energy crop and was not a bioliquid— i the type of energy crop in question, and ii the use of the land on which the biomass was grown in the year before the land was first used to grow energy crops; and e where the biomass was wood or derived from wood and was not waste or bioliquid— i the name of the forest or other location where that wood was grown; ii a description of the forestry management practices or land management practices used in the forest or other location where that wood was grown; iii the species of wood in question; and iv the proportion of the biomass (if any) that was composed of, or derived from, saw logs. 3ZB The information specified in this paragraph is information identifying, to the best of the operator’s knowledge and belief— a the greenhouse gas emissions from the use of the biomass to generate one mega joule of electricity; b where the biomass was wood or derived from wood— i whether the biomass meets the timber standard or an equivalent standard, and ii where the biomass does not meet the timber standard or an equivalent standard, the main reasons why biomass meeting the timber standard or an equivalent standard was not used; c where the biomass was not wood or derived from wood— i whether the biomass meets the land criteria; and ii where the biomass does not meet the land criteria, the main reasons why biomass meeting the land criteria was not used; d where— i the biomass was used in a post-2013 dedicated biomass station, and ii the greenhouse gas emissions from the use of the biomass to generate one mega joule of electricity are greater than 66.7 grams, the main reason why biomass with lower greenhouse gas emissions was not used; e where— i the biomass was used in a generating station other than a post-2013 dedicated biomass station, and ii the greenhouse gas emissions from the use of the biomass to generate one mega joule of electricity are greater than 79.2 grams, the main reasons why biomass was lower greenhouse gas emissions was not used; and f where the biomass was wood or derived from wood and any of the information specified in sub-paragraphs (a) and (b)(i) is not known or where the biomass was not wood or derived from wood and any of the information specified in sub-paragraphs (a) and (c)(i) is not known— i the main reasons why that information is not known, and ii the main reasons why biomass for which that information is known was not used. . 4 In paragraph (3A), for “paragraph (3)(1)” substitute “paragraph (3ZB)(a)”. 5 In paragraph (3B), before sub-paragraph (a) insert— za the biomass was used in a generating station with a total installed capacity of less than 1 megawatt; . 6 For paragraph (4) substitute— 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 the information required by paragraph (2) 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 information is provided. . 7 In paragraph (5), for “specified in paragraph (3)” substitute “required by paragraph (2)”. 8 In paragraph (6)— a after the definition of “default value method” omit “and”; and b for the definition of “environmental quality assurance scheme” substitute— “post-2013 dedicated biomass station” means a generating station which— was not accredited on or before 31st March 2013, and has, in any month after March 2013, generated electricity in the way described as “dedicated biomass” in Schedule 2; “saw logs” means wood which formed part of the trunk of a tree which grew for at least 10 years; “timber standard” means the Timber Standard for Heat & Electricity: woodfuel used under the Renewable Heat Incentive and Renewables Obligation published by the Department of Energy and Climate Change in February 2014 ; and “waste” does not include excreta produced by animals. . Amendments to Article 46A of the 2009 Order (bioliquid sustainability audit report) 4 1 Article 46A of the 2009 Order is amended as follows. 2 In paragraph (3), for sub-paragraphs (b) to (d) substitute— b consider whether the systems used to produce the relevant sustainability information are likely to produce information which is reasonably accurate and reliable; ba consider whether there are controls in place to help protect the relevant sustainability information against material misstatements due to fraud or error; c 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 sustainability information; d consider the robustness of the data on which the operator relied in preparing the relevant sustainability information; da state whether anything has come to the attention of the person preparing the report to indicate that the relevant sustainability information is not accurate; . 3 For paragraph (5) substitute— 5 A sustainability audit report shall be deemed to have been prepared to an adequate standard if it has been prepared in accordance with the requirements in respect of limited assurance engagements prescribed in ISAE 3000, or an equivalent standard. . 4 In paragraph (8), for the definition of “environmental quality assurance scheme” substitute— “environmental quality assurance scheme” means a voluntary scheme which establishes environmental or social standards in relation to the production of bioliquid or matter from which a bioliquid is derived; . Solid and gaseous biomass sustainability audit report 5 After Article 46A of the 2009 Order insert— 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 or wholly derived from waste, provided the information specified in Article 46(3)(c); b in the case of biomass which is not waste or wholly derived from waste, provided the information specified in Article 46(3ZB) 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 or wholly derived from 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 or wholly derived from waste, the information specified in Article 46(3ZB) 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. . Amendment to Article 49 (functions of the Authority) 6 In paragraph (2)(b) of Article 49 of the 2009 Order omit “or 46(4)”. Amendments to Schedule A2 to the 2009 Order (land criteria) 7 1 Schedule A2 to the 2009 Order is amended as follows. 2 For paragraph 3(1) substitute— 1 Fuel meets the land criteria if— a in the case of bioliquid, the biomaterial from which the fuel was made was— i waste, ii residue (other than residue from agriculture, aquaculture, fisheries or forestry), or iii obtained from a permitted source; b in all other cases, the biomaterial from which the fuel was made was— i waste, ii residue (other than residue from agriculture, aquaculture, fisheries or forestry), iii obtained from a permitted source, iv energy crops in respect of which financial assistance was paid under the Energy Crops Regulations 2000 , or under an equivalent financial assistance scheme, or v added to the fuel for an exempt purpose. . 3 After paragraph 3(8) insert— 8A For the purposes of sub-paragraph (1)(b)(v), 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. . Amendment to Part 2A of Schedule 2 (amount of electricity to be stated in NIROCs generally) 8 In the table in Part 2A of Schedule 2 to the 2009 Order in the sub-column headed “2014/15 capacity”, opposite the entry for “Ground mounted solar PV”, for “ 5 7 ” substitute “ 5 8 ”. Amendment to Part 2B of Schedule 2 (amount of electricity to be stated in NIROCs generally) 9 In the table in Part 2B of Schedule 2 to the 2009 Order — a in the sub-column headed “2015/16 capacity”, opposite the entry for “Ground mounted solar PV”, for “ 10 13 ” substitute “ 2 3 ”. b in the sub-column headed “Post-2016 capacity”, opposite the entry for “Ground mounted solar PV”, for “ 5 6 ” substitute “ 5 7 ”. Amendments to Schedule 3A to the 2009 Order (actual value method for calculating emissions from the use of biomass) 10 1 Paragraph 2(d) of Schedule 3A to the 2009 Order is amended as follows. 2 For paragraph (x)(cc) substitute— cc before “and residues from processing” there was inserted “residues from forestry, arboriculture, aquaculture and fisheries”; dd for “fuels” there was substituted “biomass”; and . 3 For paragraph (xi) substitute— 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 . . Transitional provision 11 Nothing in this Order is to affect— a the issue or revocation of a renewables obligation certificate in respect of electricity generated before 1st April 2014, or anything which falls to be done or determined (whether by the Authority or some other person) in relation to such issue or revocation, under the 2009 Order; b any obligations or requirements imposed on an operator of a generating station or some other person in respect of the obligation period ending on 31st March 2014, or anything which falls to be done or determined (whether by the operator of the generating station or some other person) in relation to any such obligations or requirements, under the 2009 Order; and c any obligations or functions of the Authority in respect of that obligation period, or anything which falls to be done or determined (whether by the Authority or some other person) in relation to that obligation period, under the 2009 Order. Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 20th May 2014. J Mills A senior officer of the Department of Enterprise, Trade and Investment