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Royal Decree 1738 / 2010, Of 23 December, Whereby Mandatory Biofuels Targets Are Set For The Years 2011, 2012 And 2013.

Original Language Title: Real Decreto 1738/2010, de 23 de diciembre, por el que se fijan objetivos obligatorios de biocarburantes para los aƱos 2011, 2012 y 2013.

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Directive 2003 /30/EC of the European Parliament and of the Council of 8 May 2003 on the promotion of the use of biofuels or other renewable fuels in transport provides that Member States shall ensure that a minimum proportion of biofuels and other renewable fuels is marketed on their markets and to that effect shall set national indicative targets.

Directive 2009 /28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and repealing Directives 2001 /77/EC and 2003 /30/EC provides that each Member State shall ensure that the share of energy from renewable sources in all types of transport in 2020 is at least equivalent to 10% of its final energy consumption in transport.

The additional provision of Law 34/1998 of 7 October 1998 on the hydrocarbon sector, in line with the indicative target for consumption of biofuels provided for in Directive 2003 /30/EC, sets out annual targets for Biofuels and other renewable fuels for transport purposes up to the year 2010, which are mandatory targets as of 2009, and reach 5.83% in 2010. The Government is also enabled to amend these established objectives, as well as to set additional objectives.

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 sets minimum targets by product up to the year 2010, This year, 3.9 percent, both for gasoline and gasoline, along with the aforementioned global target of 5.83 percent in 2010.

In order to achieve the energy objectives for the introduction of renewable energy in transport, as laid down in Community legislation, this royal decree sets out the minimum mandatory targets for biofuels, both global and product for the period 2011-2013, taking as a reference the indicative targets set out in the National Renewable Energy Action Plan (PANER) 2010-2020.

The development of renewable energy is a priority bet of Spanish energy policy, since it has a favourable impact of various kinds, such as sustainable development, reduction in emissions pollutants, the introduction of new technologies, the reduction of energy dependence and the trade balance deficit and the increase in the level of employment and rural development.

In accordance with the provisions of the second paragraph of Article 1 (1), the second function of Law 34/1998 of 7 October, of the hydrocarbon sector, the National Energy Commission has issued the 36/2010, dated November 11. In addition, the process of hearing the interested parties has been carried out through the Hydrocarbons Advisory Council, whose comments and comments, in accordance with the provisions of the 5.5 of Royal Decree 1339/1999 of 31 July 2001, approves the regulation of the National Energy Commission, have been taken into consideration for the elaboration of the aforementioned report of the National Energy Commission. Finally, this standard has been the subject of a report by the Government's Delegation for Economic Affairs at its meeting of 18 November 2010.

Article 149.1.25. of the Constitution gives the State exclusive competence on the basis of the energy regime. This royal decree is protected in that jurisdiction, as well as in the additional provision of Law 34/1998 of 7 October of the hydrocarbon sector, which enables the Government to set targets for the sale or consumption of Additional biofuels to those provided for therein.

In its virtue, on the proposal of the Minister of Industry, Tourism and Trade, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of 23 December 2010,

DISPONGO:

Article 1. Object.

The object of this royal decree is the establishment of the minimum mandatory annual targets for the sale or consumption of biofuels for transport purposes, for the years 2011, 2012 and 2013. To this end, three objectives are set, which are expressed as minimum energy content, in relation to the energy content of gasolines, gas oils and the total gasoline and gas oils sold or consumed.

Article 2. Minimum mandatory targets for the sale or consumption of biofuels.

1. The subjects required in accordance with Article 3 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 shall be accredited annually. before the certification entity the following entitlements:

a) The ownership of a minimum quantity of biofuel certificates to meet the objectives of the following table:

2011

2012

2013

biofuels targets (%)

5.9

6.0

6.1

b) The ownership of the minimum quantity of biofuels in diesel (CBD) certificates to meet the following table objectives:

2011

2012

2013

3.9

3.9

4.1

4.1

c) The ownership of the minimum quantity of biofuel certificates in gasoline (CBG) to meet the objectives of the following table:

2011

2012

2013

biofuels targets in gasolines (%)

3.9

4.1

4.1

The percentages indicated in the above tables will be calculated, for each of the required subjects, according to the formulas set out in Order ITC/2877/2008, of October 9.

Final disposition first. Exceptions and territorial flexibility mechanisms in the mechanism for the promotion of the use of biofuels.

By order of its holder, the Ministry of Industry, Tourism and Trade, after agreement of the Government Delegation for Economic Affairs, may introduce exceptions or mechanisms of flexibility of character territorial in the mechanism for promoting the use of biofuels.

Final disposition second. Competence title.

This royal decree is dictated by the provisions of Article 149.1.25. of the Constitution, which attributes to the State the competence in terms of the basis of the energy regime.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, 23 December 2010.

JOHN CARLOS R.

The Minister of Industry, Tourism and Trade,

MIGUEL SEBASTIAN GASCON