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Royal Decree 1085/2015 of 4 December 2015 on the promotion of Biofuels regulates for the period 2016-2020 an annual global target for the consumption and sale of biofuels, without restrictions by product, giving the subject required to achieve greater flexibility to achieve it.

Order ITC/2877/2008 of 9 October establishing a mechanism for the promotion of the use of biofuels and other renewable fuels for transport purposes provides for temporary flexibility mechanisms for the use of biofuels. accounting for the quantities of biofuels sold or consumed, and a system of certification and compensatory payments, which allows the subject to transfer certificates, while at the same time serving as a control mechanism for the obligation.

This order amends the order ITC/2877/2008 of 9 October 2008, in order to bring it into line with the provisions of Royal Decree 1085/2015 of 4 December 2015, in particular Article 3 (1) and Article 4 (1) of the Treaty. it deletes paragraphs 2, 3 and 4 and amends Article 11 (1) and (2), in particular to remove references to the individual obligations of biofuels in diesel and petrol.

Article 11 (3) is also amended as it allows the parties to comply with the obligations laid down for the achievement of the annual targets for minimum content of biofuels and other renewable fuels, by means of compensatory payments, provided that at least 50% of the targets for both petrol and diesel are reached. Since the entry into force of the said Royal Decree 1085/2015 of 4 December 2015 is only a comprehensive objective, the obligation to that objective is adjusted by establishing that at least 50% of the objective must be attained, the performance of the compensatory payments can be considered to be compliant.

According to the provisions of Article 5.2 (a), as well as in the transitional provision seventh, of Law 3/2013, of 4 June, of the creation of the National Commission of the Markets and the Competition, the precept has been obtained Report of the National Commission on Markets and Competition. In addition, the mandatory processing of the hearing has been carried out to the interested parties, as provided for in Article 24.1 of Law 50/1997 of 27 November of the Government.

In its virtue, according to the Council of State, prior agreement of the Government Delegation for Economic Affairs, I have:

Single item. Amendment of Order ITC/2877/2008 of 9 October establishing a mechanism for the promotion of the use of biofuels and other renewable fuels for transport purposes.

Order ITC/2877/2008 of 9 October 2008 establishing a mechanism for the promotion of the use of biofuels and other renewable fuels for transport purposes is amended as follows:

One. Article 3 is amended as follows:

" Article 3. Subjects required to demonstrate compliance with the targets for the sale or consumption of biofuels for transport purposes.

The subjects required to demonstrate compliance with the objectives for the sale or consumption of biofuels for transport purposes shall be those set out in Royal Decree 1085/2015 of 4 December 2015 on the promotion of biofuels or in the regulation to replace it. "

Two. Article 4 (1) is amended, which shall be amended as follows:

" 1. Subject to the sale or consumption of biofuels, as provided for in Article 3, the holder of a minimum quantity of biofuel certificates to comply with the certification body shall be accredited to the certification body on an annual basis. the objectives set out in Royal Decree 1085/2015 of 4 December 2015 on the promotion of biofuels or regulation replacing it.

The percentages indicated in that royal decree will be calculated according to the following formula:

OBin = (CBDin + CBBin)/(Din + Gin)

Where:

OBin indicates the minimum mandatory target for the sale or consumption of regulated biofuels, which must be accredited by the obligor i-th in year n.

CBDin is the amount of diesel fuel certificates of the year n that are owned by the obligated subject.

CBGin is the amount of gasoline biofuel certificates of the year n that are owned by the obligated subject.

Din is the quantity of automotive gas oil sold or consumed in accordance with Article 3, by the subject bound i-th in year n, expressed in tonnes of oil equivalent (tep). This quantity shall include mixtures of biofuels with fossil fuel oil, as well as the quantities of pure biofuels likely to be mixed with automotive gas oil.

Gin is the quantity of gasolines sold or consumed in accordance with Article 3, by the bound subject in year n, expressed in tonnes of oil equivalent (tep). This quantity shall include mixtures of biofuels with fossil fuels, as well as the quantities of pure biofuels likely to be mixed with gasolines. '

Three. Article 4 (2), (3) and (4) are deleted.

Four. Article 11 (1), (2) and (3) are amended as follows:

" 1. Those who are obliged to not have sufficient certificates for the fulfilment of their obligations shall be obliged to make compensatory payments for 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 obligor i-th in the year n.

αT is a value of 763 €/certificate.

DTin is the deficit of biofuel certificates for the subject i-th in year n according to the following formula:

DTin = max {0, OBin • (Din + Gin)-CBGin-CBDin}

The other parameters are those defined in this order.

2. The revenue generated by this concept in each calendar year shall provide a single fund of compensatory payments which the certification body shall distribute among the subjects with excess certificates in relation to their obligation according to the formula next:

PFCin = β-ETin

Where:

PFCin is the payment from the obligated subject's compensation fund in year n.

β is a maximum value of 763 €/certificate.

ETin is the excess of biofuel certificates for the subject in year n in relation to the overall biofuel target to be calculated according to the following formula:

ETin = max {0; (CBDin + CBGin)-OBin (Din + Gin)}

The other parameters are those defined in this order.

If the one-year compensatory payment fund is not sufficient to satisfy the amount calculated according to the formula above, this amount will be reduced in proportion. Otherwise, if there is an excess of resources in the compensatory payments fund, this excess will go to the bottom of the following year.

3. The fulfilment of the compensatory payments resulting from the application of paragraph 1, and which shall be determined by the certification body in accordance with Article 12, shall be deemed to constitute compliance with the obligations established for the achievement of the annual targets for minimum content of biofuels and other renewable fuels of a subject subject to the condition that the following condition is met:

(CBGin + CBDin) ≥ 0.5 Obin (Gin + Din

Where the parameters used are those defined in this order.

Otherwise, a breach of the obligations established for the achievement of the annual minimum content targets for biofuels and other renewable fuels shall be deemed to have occurred. very serious infringement in accordance with Article 109 (1), paragraph aa, of Law 34/1998 of 7 October of the hydrocarbon sector. The imposition of administrative penalties which may result from the said non-compliance shall be without prejudice to the compensatory payments to be made in any event, in accordance with paragraph 1. "

Final disposition first. Cessation of effects.

As of the entry into force of this order, the Resolution of 8 July 2013, of the Secretariat of State of Energy, is left without effect, by which the values of the formulas for calculating the payments are updated for the year 2013 Compensation related to compliance with the obligation of biofuels, contained in Order ITC/2877/2008 of 9 October 2008.

Final disposition second. Entry into force

This order will take effect on January 1, 2016.

Madrid, December 17, 2015. -Minister of Industry, Energy and Tourism, José Manuel Soria López.