The additional sixteenth provision of Law 34/1998, of 7 October, of the Hydrocarbons sector, sets annual targets for biofuels and other renewable fuels for transport purposes until 2010. These objectives express minimum energy content of biofuels and other renewable fuels in relation to gas and gas oils marketed for transport purposes, and are fixed for that year 2010 by 5,83 per 100.

In addition, in the cited additional provision of the Law of the Hydrocarbons Sector, the Ministry of Industry, Tourism and Trade is enabled, after the report of the Government's Delegation for Economic Affairs, to lay down the provisions necessary to regulate a mechanism for the promotion of the incorporation of biofuels and other renewable fuels, aimed at achieving the objectives set.

Under this Enablement, in 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, the objectives set out in the Minimum sales or consumption of biofuels by product up to the year 2010, reaching 3,9 per 100 per year, both for gasoline and gas oils, together with the overall target of 5.83 per 100 in 2010, set in the Law of the Hydrocarbons Sector. In addition, the aforementioned ministerial order regulates a system of certification and compensatory payments which serves as a mechanism for controlling the obligation.

Article 11 of that Order, ITC/2877/2008 of 9 October 2008 provides, in turn, that the persons who are obliged to not have sufficient certificates for the fulfilment of their obligations shall be obliged to carry out their duties. compensatory payments and that the revenue generated by this concept will be shared among the subjects with excess certificates.

For the calculation of the amount of these payments, a series of formulas and parameters are defined and, in Article 11 (4) itself, the Secretary of State for Energy is entitled to update the values set out in that Article in accordance with the evolution of the biofuels market.

The purpose of this resolution is to update the values of the α_G, α_D, and α_T parameters contained in Article 11 of Order ITC/2877/2008, of 9 of 2010, by 2010. October, in order to adjust the compensatory payments corresponding to that year to the evolution of the market for biofuels, marked by the content of biofuels that the current legislation has allowed to incorporate to gasoline and gasoline of automotive. To this end, account has been taken of the new developments introduced by Royal Decree 1088/2010 of 3 September amending Royal Decree 61/2006 of 31 January in respect of the technical specifications for gasolines, gas oils, use of biofuels and sulphur content of fuels for maritime use, which entered into force on 5 September 2010.

The content of this resolution has been reported by the National Energy Commission in its report dated December 29, 2010.

By virtue of the above and in use of the enablement conferred by Article 11.4 of Order ITC/2877/2008 of 9 October 2008, this Secretary of State for Energy resolves:

First. Securities update.-For the calculation of the compensatory payment to be made by the obligor i-th in the year 2010 (PC_i2010) and for the calculation of the payment from the compensatory payments fund of the obligor i-th in For the year 2010 (PFC_i2010), as set out in Article 11 of Order ITC/2877/2008 of 9 October, the following values shall apply:

α_G: is a value of € 350 /biofuel certificate in gasoline.

α_D: is a value of € 350 /biofuel certificate in diesel.

α_T: for the purposes of Article 11.1 of Order ITC/2877/2008, of 9 October, is a value of € 350 /certificate for certificates corresponding to (CBD_i2010 + CBG_i2010)/(D_i2010 + G_i2010) ≤ 4,78% and is a value of 0 for certificates corresponding to (CBD_i2010 + CBG_i2010)/ (D_i2010 + G_i2010) > 4.78%, where CBD_i2010, CBG_i2010, D_i2010 and G_i2010 the parameters defined in that order. For the purposes of Article 11.2 of Order ITC/2877/2008 of 9 October 2008, it is a value of € 350 /certificate.

Second. Effectiveness. This Resolution shall have effect from the day following that of its publication in the Official Gazette of the State.

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 the legal system of Public Administrations and the Common Administrative Procedure.

Madrid, January 7, 2011. -Secretary of State for Energy, Pedro Marin Uribe.