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Decision 406 /2009/EC of the European Parliament and of the Council of 23 April 2009 on Member States ' efforts to reduce their greenhouse gas emissions in order to meet the commitments made by the European Parliament and the Council the Community up to 2020, points out that efforts to reduce greenhouse gas emissions (GHG) in sectors affected by the Community emissions trading scheme will not be sufficient to address the issue of greenhouse gas emissions. Global commitments entered into by the Community up to 2020. Therefore, the substantive reduction of emissions in other sectors of the economy is necessary. Thus, Member States will have to establish additional policies and measures to reduce emissions from the so-called 'diffuse' sectors, by committing themselves to a 10% reduction in their emissions from 2005 in 2020. This target for the diffuse sectors alongside the target for installations under the Emissions Trading will contribute to achieving at least 20% GHG reductions in 2020 with respect to 1990.
The new 2030 European framework doubles the effort of GHG reductions against commitments by 2020 and triples the effort in the so-called "diffuse" sectors. The vision of the European roadmap for 2050 points to reductions of over 80%. It is therefore imperative to make progress in a low-carbon economy and to do so companies play an essential role.
In the sharing of efforts made by Member States for 2020, Spain must reduce its diffuse emissions by 10% compared to 2005.
Among the so-called "diffuse" sectors are many of the companies ' activities, which can be estimated to be responsible for diffuse emissions of around 100 million tons of carbon dioxide (M 2 eq (TCO) per year.
It is also necessary to remember that the installations and emissions of gases subject to emissions trading and the actions to reduce emissions in this framework are excluded from this royal decree.
Royal Decree 163/2014, of 14 March, creating the carbon footprint, compensation and carbon dioxide absorption projects, enables companies to publish their carbon footprint, as well as their plans for carbon dioxide. reduction and compensation, if any. This voluntary scheme also provides for the willingness to include incentive mechanisms for companies that adopt the carbon footprint as a tool for competitiveness and sustainability. This framework has been designed for companies to advance and internalize the carbon footprint in their medium-and long-term strategies.
Therefore, the incentives that are derived from this royal decree have been linked with the companies committed in the carbon footprint scheme and that appear in the carbon footprint, compensation and projects absorption of carbon dioxide. To be included in this register implies that they have communicated plans for future reduction. This PIMA aims to contribute to the development of these plans by reducing or eliminating potential barriers in their implementation.
The eligible actions will be those that achieve emission reductions of scope 1, i.e. direct greenhouse gas emissions. Indirect emissions are not eligible, being able to come from activities that are under the emissions trading. The same company may submit one or more applications covering different actions, with a limit on the acquisition of carbon credits per company.
For all of the above, the present royal decree aims to promote activities and investments, with an orientation towards efficiency in the use of energy, renewable energy, the reduction of emissions of greenhouse effect of process and the replacement of fluorinated gases by others with less global warming potential.
In this regard, it should be recalled that Law 2/2011, of 4 March, of Sustainable Economy, in its article 91, provides for the creation of a Fund for the purchase of carbon credits that will have among its objectives the generation of low carbon economic activity and the contribution to the achievement of the greenhouse gas emission reduction targets assumed by Spain. The organization and operation of the aforementioned Fund are included in Royal Decree 1494/2011 of 24 October, which regulates the Carbon Fund for a Sustainable Economy, which is the one that establishes the procedure for the acquisition of carbon credits.
By this royal decree, the specific procedure is contemplated for the aforementioned Fund to acquire, as carbon credits, the recognized reductions in greenhouse gas emissions that are achieved as a result of the consequence of the reduction of the carbon footprint of scope 1 framed in the PIMA Enterprise Plan. The recognition of carbon credits originating from the actions submitted and meeting the required requirements, together with the calculation of the emission reductions, shall be carried out in accordance with the provisions of this standard. It provides for the Fund to acquire the reductions to be recognised in each activity or project on a horizon which will depend on the useful life and the period of depreciation of the investments required for the implementation of this activity, and at a price of 9.7 euros per unit, each unit constituting the reduction of a ton of CO2 equivalent. The undertaking must be committed to maintaining or improving the conditions of the actions during, at least, the period covered by the emission reductions to be acquired.
The credits will be acquired by the Carbon Fund for a Sustainable Economy and must proceed, in any case, with emissions reductions that will be achieved in areas outside the European rights trade regime. the emission allowance, which is regulated by Law 1/2005 of 9 March, which regulates the regime of trade in greenhouse gas emission allowances.
In order to determine the projects likely to produce a reduction in emissions that generate carbon credits acquired by the Fund, a catalogue of eligible actions is defined in Annex I to this royal decree.
The measure envisaged in this royal decree can be supplemented, where appropriate, with others, in the field of measures to boost efficiency, in particular by obtaining funding from the European Bank of Investments and Spanish financial institutions, with the aim of supporting the investments needed to execute works that favor the reduction of greenhouse gas emissions.
In its virtue, on the proposal of the Minister of Agriculture, Food and Environment, with the prior approval of the Minister of Finance and Public Administrations, and after deliberation of the Council of Ministers at its meeting of the November 6, 2015,
DISPONGO:
Article 1. Object and scope of application.
1. It constitutes the object of this royal decree the regulation of the specific procedure of acquisition of carbon credits, in the framework of the Plan PIMA Company, to companies that execute performances that meet the requirements that are established in the present standard, by the Carbon Fund for a Sustainable Economy (FES-CO2) provided for in Article 91 of Law 2/2011 of 4 March on Sustainable Economy.
2. The present royal decree is applicable to the companies listed in section a) of carbon footprint and greenhouse gas emission reduction commitments of the register regulated by Royal Decree 163/2014, of March 14, by the Carbon footprint, compensation and carbon dioxide absorption projects are created.
Article 2. Legal framework applicable to the acquisition of carbon credits.
1. The acquisition of carbon credits may be instrumentalised by any legal business valid in law.
2. The acquisition of carbon credits will not be subject to the Royal Legislative Decree 3/2011 of 14 November, approving the recast text of the Law on Public Sector Contracts.
Article 3. Purchased carbon credits.
1. The FES-CO2 will be able to acquire carbon credits that are generated by the reduction of direct greenhouse gas emissions from businesses.
They are considered to be direct greenhouse gas emissions, for the purposes of this royal decree, those generated by the consumption of fossil fuels in the companies on which the actions are executed, the emissions of the process and the possible leaks of greenhouse gases, such as fluorinated gases.
These direct emissions correspond to the emissions referred to as "scope 1", in Article 6.3 of Royal Decree 163/2014 of 14 March 2014.
2. To be the subject of acquisition, carbon credits shall be derived from reductions in direct emissions of greenhouse gases that meet the following conditions:
(a) They shall not be required by the sectoral rules applicable to them and shall have all the necessary administrative authorisations.
b) They should contribute to the fulfilment of the quantified commitments of limitation or reduction of greenhouse gas emissions assumed by Spain, through the achievement of reductions reflected in the Inventory of Greenhouse gases.
(c) Reductions in greenhouse gas emissions shall not come from installations subject to the emissions trading scheme, in order to avoid assumptions of double accounting.
(d) You must proceed from one or more of the actions listed in Annex I.
e) Procedéran de performances set in motion subsequently to the publication of this royal decree.
3. The criteria to be taken into consideration for the acquisition of carbon credits are determined in Article 7.4 of Royal Decree 1494/2011 of 24 October, which regulates the Carbon Fund for a Sustainable Economy.
4. For the sole purposes of this royal decree, a carbon credit is equivalent to the reduction of a metric ton of carbon dioxide (CO2) equivalent, henceforth tCO2 eq.
5. In any event, the acquisition of carbon credits may finance the fulfilment of obligations under the current rules, nor shall it be a grant or contribution deemed to be State aid.
Article 4. Purchase price.
The purchase price of the carbon credits will be 9.7 euros per unit, each unit constituting the reduction of one tonne of CO2 equivalent.
Article 5. Amount.
1. The resources that the Carbon Fund for a Sustainable Economy will be able to allocate to the acquisition of credits, in application of the established in this royal decree, amount to five million euros (5,000,000 €).
The funds available on the Ministry of Agriculture, Food and Environment's website for public knowledge will be published monthly.
2. The financing of the acquisition of carbon credits regulated in this royal decree will be carried out by the Carbon Fund for a Sustainable Economy.
Article 6. Competent bodies to instruct and resolve the procedure for the assessment and recognition of carbon credits.
1. The competent body to order and instruct the evaluation and recognition procedure for the projects is the Spanish Office of Climate Change (OECC) of the Ministry of Agriculture, Food and Environment.
2. The body responsible for approving and resolving the proposals assessed by the OECC will be the Executive Commission of the FES-CO2, in accordance with the provisions of Article 15 of Royal Decree 1494/2011 of 24 October, which regulates the Carbon Fund for a Sustainable Economy.
Article 7. Procedure for the assessment and recognition of carbon credits.
1. The companies concerned must submit the application form contained in Annex II, duly completed and which will be available on the website of the Ministry of Agriculture, Food and the Environment, for action made subsequently to the publication in the BOE of this royal decree until 31 December 2016.
2. The applications will be addressed to the Executive Commission of the FES-CO2 and will be presented electronically, through the website of the website of the Ministry of Agriculture, Food and Environment (www.magrama.gob.es), compliance with the provisions of Article 27.6 of Law 11/2007 of 22 June 2007 on the electronic access of citizens to Public Services
3. Requests will be processed and resolved in chronological order of entry (day and hour), until the budgetary credit is exhausted.
4. The request must be accompanied by the following documentation:
A verification report of the actions performed, which must include at least each performance:
1. The investment made and the description of the investment.
2. The time to recover from the investment.
3. The useful lifetime of the performance.
4. The direct emissions of scope 1 which are expected to be reduced with such action, together with their justification, taking into account existing emissions before the performance or the reference ones in case of new ones facilities.
Verifications by entities accredited by national accreditation bodies, in respect of ISO 14065, shall be recognised for the calculation by the organisations of the emissions or reductions according to ISO 14064-1, ISO 14067, PAS 2050 or existing emissions programs (Corporate Accounting and Reporting Standard of "GHG Protocol", or similar). Similarly, the verifications made by entities shall be recognised; accredited with respect to the ISO 14064, ISO 14067, GHG Protocol, PAS 2050, EMAS or similar standards and programmes; accredited for the performance of energy audits, when (a) the type of performance; and those carried out by auditors using ISAE 3410, as well as by designated operational entities (EOD) or independent entities accredited by the United Nations in the framework of the the flexibility mechanisms of the Kyoto Protocol.
The OECC may, for the following five years, require the original documentary justification of the above information.
5. The Spanish Climate Change Office shall evaluate the documentation so that, if it does not meet the required requirements, it will require the applicant to subsane the missing or accompany the documents within ten working days. (a) a notice of which, if it does not do so, it shall be given the withdrawal of the application, on the basis of a decision, in accordance with Article 71, in conjunction with Article 42, both of Law No 30/1992, of 26 May 1992; November.
6. Once the application has been evaluated, the Spanish Climate Change Office will propose the corresponding resolution proposal to the Executive Commission of the FES-CO Carbon Fund2, which will resolve the request and the payment of the credits purchased.
7. The maximum period for resolving and notifying the resolution shall be two months. After this maximum period has elapsed without the application being resolved and the corresponding administrative act notified, the same shall be deemed to be rejected.
The decision of the procedure shall terminate the administrative route, with the possibility of filing against the same replenishment remedy within one month, counted from the day following the date of its notification, to the the same body which issued it, in accordance with the provisions of Articles 116 and 117 of Law No 30/1992 of 26 November 1992, or being directly challenged before the judicial-administrative court order, in the form and time provided for in the Law 29/1998, of July 13, regulator of the Jurisdiction-Administrative Jurisdiction. Such a judicial-administrative appeal may not be brought until, where appropriate, the former restocking remedy is expressly resolved or its alleged dismissal has occurred.
Article 8. Obligations of the holders of carbon credits.
Companies, on the occasion of the sale of carbon credits, acquire the following commitment and will respond to their full compliance:
(a) The commitment to maintain performances for a time equal to or greater than the years of reduction (Bi) included in the formula in Annex I, the effect of which may be reported through the recording of its footprint carbon in the carbon footprint record, compensation and carbon dioxide absorption projects.
(b) In the case of transmission of the ownership of facilities, the new holder shall be subrogated to those obligations.
Article 9. Failure to comply with the obligations of carbon credit holders.
1. The Spanish Office of Climate Change, in the case where it finds that the company has not complied with all the obligations acquired, will require the return of the amounts unduly received, for which the provisions of the Royal Decree 939/2005 of 29 July, approving the General Rules of Collection, and its implementing regulations.
2. The amounts to be returned shall be considered as public-law revenue, in accordance with the provisions of Law 47/2003 of 26 November, General Budget.
Article 10. Advertising.
Every reference, in any medium of diffusion, to the performance object of this royal decree will have to point out that it has been supported by the "Plan of Impulse to the Environment in the field of the company" PIMA Empresaitente " of the Ministry of Agriculture, Food and the Environment.
Article 11. De minimis aid and limits per applicant.
1. The acquisition of carbon credits to companies that implement actions that meet the requirements set out in this royal decree will not constitute a grant or contribution considered as State aid. However, applicants must accompany the application for a declaration which is not exceeded during the current fiscal year and the two preceding the de minimis aid ceilings granted or requested by the applicant. Commission Regulation (EC) No 1998/2006 of 15 December 2006, including the amount of carbon credit rights in application of this royal decree.
Applicants must report other requests to the Plan, both in progress and approved.
2. The FES-CO2 will be able to acquire the credits of carbon that generate one or several performances of the same company in this call, and that they comply with the established in this royal decree, with a limit of 150 thousand euros (€ 150,000) per company.
The amounts shall also be subject to the calculation criteria by type of performance and the limitations described in Annex I to this Royal Decree.
Article 12. Incompatibilities.
This Plan is compatible with other schemes of incentives or aid for the performance of actions or investments of the activities of Annex I, coming from any public or private national, national, the European Union or international bodies, with the exception of the Climate Projects and other Environment Action Plans of the Ministry of Agriculture, Food and the Environment, which encourage the same actions.
Final disposition first. Competitive titles.
This royal decree is issued in accordance with the provisions of Article 149.1.13. and the 23rd of the Constitution which gives the State exclusive competence on the basis and coordination of the general planning of economic activity and on basic legislation on the protection of the environment.
Final disposition second. Extra regime.
As not provided for in this royal decree, it will be provided for in Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and other applicable regulations.
Final disposition third. Regulatory enablement.
The Minister of Agriculture, Food and the Environment is empowered to include other eligible actions in the "PIMA Enterprise", other than those listed in Annex I, at the request of the Spanish Office of Change Climate.
Final disposition fourth. Entry into force.
This royal decree will enter into force on the day following its publication in the "Official State Gazette".
Given in Madrid, November 6, 2015.
FELIPE R.
The Minister of Agriculture, Food and the Environment,
ISABEL GARCÍA TEJERINA
ANNEX I
Eligible actions in the "Enterprise PIMA"
1. Use of renewable energies and other non-fossil energies (electricity, hydrogen, etc.) for use in heat generation or work applications.
a) Biofuels in heat generation.
b) Biofuels and alternative energies (electricity, hydrogen, etc.) for transport.
c) Solar systems for heat generation.
d) Geothermal.
e) Aerothermia and Hydrothermia.
f) Replacing pumping systems using fossil fuels with systems that use renewable energy.
2. Energy efficiency actions.
a) Introduction of more efficient installations, vehicles and machinery using fossil fuels or with lower greenhouse gas emissions.
b) Actuations in the building envelope to reduce your energy demand.
c) More efficient transport systems: efficient driving, efficient fleet management.
3. Actions to reduce greenhouse gas emissions.
a) methane emission reduction systems.
b) Nitrous oxide reduction systems (N2O).
c) Systems of reduction of other greenhouse gases.
d) Current installations to reduce emissions of fluorinated greenhouse gases.
e) New facilities with alternative technologies to fluorinated greenhouse gases.
The calculation of the carbon credits acquired for each proposed action will be performed according to the following formula; the resulting value, in any case, will never exceed 15% of the value of the eligible investment as a generator GHG reductions:
Carbon credits to acquire = P&P × Ai × Bi
Where:
-P: Credit price set at 9.7 €/ tCO2 eq.
-Ai: tCO2 reduced annual eq of project i.
The reductions will be calculated using the sectoral methodologies already approved by the Council of the Carbon Fund for a Sustainable Economy and published on the web except those actions that do not have a methodology specific to which a proposal can be submitted to be validated by the Rector Council. In the case of new installations, the use of natural gas as a primary energy shall be taken as the baseline.
-Bi: Years numbers, will be calculated by multiplying the return period of the investment by 0.5. This value will in no case be greater than the maximum values for Bi by type of action indicated in the appending table.
| Take Action | Bi | |
|---|---|---|
| 1. Use of renewable energies and other non-fossil end energies (electricity, hydrogen, etc.) for use in heat generation or work applications. | a) Biofuels in generation heat | 4 |
|
b) Biofuels and alternative energies (electricity, hydrogen, etc.) for transport: light vehicles |
10 | |
| b) Biofuels and alternative energies (electricity, hydrogen, etc.) for transport: heavy vehicles | 4 | |
|
c) Solar systems for heat generation | 6 | |
| d) Geothermal | 8 | |
| 4 | 4 | |
| f) Replacing pumping systems using fossil fuels with systems that use renewables | 6 | |
| 2. Energy efficiency actions. | a) Introduction of more efficient installations, vehicles and machinery using fossil fuels or with lower greenhouse gas emissions | 4 |
| b) Actuations in building envelope to reduce your energy demand | 10 | |
|
c) Systems that improve efficiency in the transport | 4 | |
| 3. Greenhouse gas emission reduction performances. | a) methane emission reduction systems | 6 |
| b) Nitrous oxide reduction systems (N2O) | 4 | |
| c) Other gas reduction systems greenhouse process | 4 | |
| d) Current installations that reduce greenhouse gas emissions | 6 | |
| e) New facilities with alternative technologies to fluorinated greenhouse gases | 4 | |
ANNEX II
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