Article 2.2 of Order ITC/2877/2008 of 9 October establishing a mechanism for the promotion of the use of biofuels and other renewable fuels for the purpose of transport provides for the definition of and other renewable fuels, liquid or gaseous fuels for transport produced from biomass, listing the products considered as such for the purposes of that order. Among these products, paragraph k of that article, which refers to other biofuels, includes among others products produced by treatment in the biomass refinery, such as hydrobiodiesel.

Order ITC/2877/2008 of 9 October 2008 regulates in its Annex, under the heading 'Calculation of the equivalent tonnes of oil of different biofuels', the energy content per unit of volume of biofuels for transport purposes that can be certified for each type of biofuel.

At the same time, the third final provision of that order authorizes the General Secretariat of Energy (a referral to the Secretariat of State of Energy) to modify the content of that Annex, in accordance with the development of Community legislation and the market for biofuels. In addition, it indicates that other biofuels listed in Article 2 (2) of Order ITC/2877/2008 of 9 October 2008 may be included in the Annex.

The purpose of this resolution is to include hydrobiodiesel in the Annex to Order ITC/2877/2008 of 9 October, so that the energy content of that biofuel can be certified.

The content of this resolution has been reported by the National Energy Commission in its report dated May 12, 2011.

By virtue of the above and in use of the enablement conferred by the final provision third of Order ITC/2877/2008, of October 9,

This Energy Secretary resolves:

First.

Inclusion of hydrobiodiesel in the Annex to 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.

One. In the table in paragraph 1 of the Annex to Order ITC/2877/2008 of 9 October, a new row is added in which the hydrobiodiesel is included, with its energy content being as follows:

Fuel

Two. A new paragraph 3 is added to the Annex to Order ITC/2877/2008 of 9 October, with the following wording:

" 3. For its part, the volume yield for the process of vegetable oil transformation in hydrobiodiesel will be 97 percent. This yield shall not apply in the case of mixtures of hydrobiodiesel with fossil fuel oil. '

Second. Effectiveness.

This resolution shall have effect from the day following that of its publication in the "Official State Gazette".

Against this resolution, the Minister for Industry, Tourism and Trade may appeal to the Minister for Industry, Tourism and Trade within one month, in accordance with the provisions of Law No 30/1992 of 26 November 1992 on Legal Conditions of the Public Administrations and the Common Administrative Procedure.

Madrid, June 14, 2011. -Secretary of State for Energy, Fabricio Hernández Pampaloni.