Order Eit/2786/2015, Of 17 December, Which Modifies The Order Itc/2877/2008, Of 9 October, Which Establishes A Mechanism For Promotion Of The Use Of Biofuels And Other Renewable Fuels For Transport Purposes.

Original Language Title: Orden IET/2786/2015, de 17 de diciembre, por la que se modifica la Orden ITC/2877/2008, de 9 de octubre, por la que se establece un mecanismo de fomento del uso de biocarburantes y otros combustibles renovables con fines de transporte.

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I the Real Decree 1085 / 2015, of 4 December, promotion of biofuels, regulates for the 2016-2020 period an overall annual target of consumption and sale of bio-fuels, unrestricted by product, providing the obligors to fulfillment of greater flexibility to achieve it.

The order ITC/2877/2008, of 9 October, by which establishes a mechanism for promotion of the use of biofuels and other renewable for the purpose of transportation fuels, establishes mechanisms of temporal flexibility to account for the quantities of biofuels sold or consumed, and a system of certification and compensatory payments, which enables the transfer of certificates obligors , at the time serving as a mechanism for control of the obligation.

This order modifies the aforementioned order ITC/2877/2008, of 9 October, to adapt it to the provisions of the Royal Decree 1085 / 2015, December 4, in particular, modifies article 3, article 4 paragraph 1 modifies and deleted paragraphs 2, 3 and 4 and modifies article 11, paragraphs 1 and 2, mainly to eliminate references to obligations individual of biofuels in diesel and gasoline.

In addition, article 11, paragraph 3, is modified since this allows obligors to the fulfilment of the obligations for the achievement of annual objectives of minimum content of biofuels and other renewable fuels, by means of compensatory payments, provided that reach at least 50 percent of the objectives covered in petrol and diesel. Given that since the entry into force of the aforementioned Royal Decree 1085 / 2015, December 4 is regulated only a global goal, fits the obligation objective said establishing that at least 50 percent of it, should be achieved so that it can be considered that the compensatory payments assumed compliance.

International provisions in article 5.2, to), as well as the seventh transitional provision of law 3/2013, of June 4, creation of the National Commission of markets and competition, has obtained the mandatory report of the National Commission of markets and competition. He has also been mandatory hearing process to stakeholders, as provided for in article 24.1 of the Law 50/1997, of 27 November, the Government.

By virtue, according to the State Council, consent of the delegate Commission of the Government for Economic Affairs, I have: single article. Modification of the order ITC/2877/2008, of 9 October, which establishes a mechanism for promotion of the use of biofuels and other renewable fuels for transport purposes.

Modifies the order ITC/2877/2008, of 9 October, which establishes a mechanism for promotion of the use of biofuels and other renewable fuels for the purpose of transportation, in the following terms: one. Amending article 3 which is drawn up with read as follows: «article 3. Subjects bound to evidence compliance with the objectives of sale or consumption of biofuels for transportation purposes.

«Subjects bound to evidence compliance with the objectives of sale or consumption of biofuels for transportation purposes shall be those laid down in the Royal Decree 1085 / 2015, December 4, on promotion of biofuels or regulation that will replace it.»

Two. Amending paragraph 1 of article 4, which happens to have the following wording: «1. the obligors to the sale or consumption of biofuels, established in article 3, must annually prove to the certification body ownership of a minimum quantity of certificates of biofuels that meet the objectives covered in the Real Decree 1085 / 2015» , of 4 December on promotion of biofuels or regulation that replaces it.

The percentages indicated in the said Royal Decree shall be calculated according to the following formula: OBin = (CBDin+CBCin) / (Din+Gin) where: OBin indicates the minimum mandatory target of sale or consumption of regulated biofuels, which must be accredited by the obligated subject i-th in the year n.

CBDin is the number of certificates of biofuels in diesel of the year n that are owned by the obligated subject ith.

CBGin is the number of certificates of biofuels in gasoline of year n that are owned by the obligated subject ith.

DIN is the amount of diesel fuel for automotive sold or consumed in accordance with article 3 by the obligated subject ith in year n, expressed in tons equivalent petroleum (tep). This amount will include mixtures of biofuels with fossil diesel, as well as the amounts of pure biofuels that can be mixed with automotive diesel.

Gin is the amount of gasoline sold or consumed according to the provisions of article 3, by the obligated subject ith in year n, expressed in tons equivalent petroleum (tep). This amount will include mixtures of biofuels with fossil petrol, as well as the amounts of pure biofuels that can be blended with gasoline."

3. Paragraphs 2, 3 and 4 of article 4 shall be deleted.

Four. Amending paragraphs 1, 2 and 3 of article 11, which are written as follows: ' 1. the obligors which do not have certificates adequate for the fulfilment of its obligations shall be obliged to compensatory payments by the amount resulting from the application of the following formula: PCin = αT • DTin where: PCin is the compensatory payment expressed in euros to be made by the obligated subject i-th in the year n.»

ΑT is a value of 763 €/ certificate.

DTin is the deficit of biofuels for the i-th subject certificates in year n according to the following formula: DTin = max {0, OBin • (Din+Gin) - CBGin - CBDin} the rest of parameters are defined in this order.

2. the revenue generated by this concept in each calendar year will provide a unique Fund of compensatory payments that the certification authority will distribute among the subjects who have excess of certificates in relation to their obligation according to the following formula: PFCin = β ∙ ETin where: PFCin is the payment from the Fund of compensatory payments of the obligated subject i-th in the year n.

Β is a maximum of 763 €/ certificate.

ETin is the excess of biofuels for the i-th subject certificates in year n in relation to the overall objective of biofuels that will be calculated according to the following formula: ETin = max {0; (CBDin+CBGin) - OBin ∙ (Din+Gin)} the rest of parameters are defined in this order.

Where the bottom of compensatory payments for one year wasn't enough to satisfy the amount calculated according to the formula above, this amount will be reduced proportionally. Otherwise, if there is an excess of resources at the bottom of compensatory payments, this excess will pass to give the Fund the following year.

3. it shall be deemed that the compensatory payments resulting from the application of the provisions of paragraph 1, and that it will determine the certification body in accordance with article 12, is the fulfillment of the obligations for the achievement of annual objectives of minimum content of biofuels and other renewable fuels of a required subject, provided that the following condition is met : (CBGin+CBDin) ≥ 0.5 ∙ OBin ∙ (Gin+Din) where the parameters used are those defined in this order.

Otherwise, it shall be deemed that there has been a breach of the obligations for the achievement of annual objectives of minimum content of biofuels and other renewable fuels, which constitutes a very serious infringement in accordance with article 109, paragraph 1, subparagraph aa, of law 34/1998, of October 7, of the hydrocarbon sector. Administrative sanctions that may derive from the aforementioned breach will be done without prejudice to the compensatory payments to be carried out in any case, in accordance with paragraph 1».

First final provision. Cessation of effect.

From the entry into force of this order, leaves without effect the resolution of 8 July 2013, of the Ministry of energy, which are updated to the year 2013 values of formulas for calculation of compensatory payments, related to the fulfilment of the obligation of biofuels, contained in the order ITC/2877/2008 , 9 October.

Second final provision. Entry into force this order shall enter into force from January 1, 2016.

Madrid, 17 December 2015.-the Minister of industry, energy and tourism, Jose Manuel Soria Lopez.

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