Royal Decree 398/1996 of 1 March established the specifications for unleaded gasolines and the three types of gas oils (automotive class A, automotive class B and heating class C), partially transposing to the Spanish national law Directive 93 /12/EEC of 23 March to approximate our legislation on the sulphur content of various fuels.

The adoption of Directive 98 /70/EC of the European Parliament and of the Council of 13 October on the quality of petrol and diesel fuels mainly resulted in a further decrease in the sulphur content of petrol. without lead and in automotive gas oil (class A), among other changes.

Royal Decree 1728/1999 of 12 November established the specifications for unleaded gasolines and automotive gas oil (Class A), partially transposing Directive 98 /70/EC into Spanish law.

The adoption of Council Directive 1999 /32/EC of 26 April on the reduction of the sulphur content of certain liquid fuels, amending Directive 93 /12/EEC, mainly involves a higher level of reduction in the sulphur content of fuel oils, which will be applied from 1 January 2003, also fixing the sulphur content of gas oils intended for marine and heating purposes.

The purpose of this Directive is to reduce emissions of sulphur dioxide (SO2) produced by the combustion of certain liquid fuels, in particular gas oils and fuel oils and to reduce, in this way, the harmful effects of these emissions for man and for the environment.

The Directive also provides for the derogation as regards its application to the large combustion plants for which Directive 88 /609/EEC already applies, of the Council of 24 November, on the limitation of emissions to the atmosphere of certain pollutants from large combustion plants, which is incorporated into the Spanish order in Royal Decree 646/1991 of 22 April, as amended by Royal Decree 1800/1995 of 3 November 1995, as well as to the other combustion plants using fuel oil, if the SO2 emissions to the fuel oil The atmosphere of these facilities is less than or equal to 1,700 mg/Nm3.

On the other hand, the same Directive 1999 /32/EC excludes oil refineries provided that SO2 emissions into the atmosphere of the plant as a whole are less than 1,700 mg/Nm3 as already stated in the abovementioned Directive. Royal Decree 1800/1995 of 3 November 1995 fixing the conditions for the control of the emission limits of SO2 in the oil refining activity.

Similarly, Directive 1999 /32/EC has taken into account the special characteristics of certain Community territories (Greece, the Azores, Madeira, French overseas departments and the Canary Islands), allowing for these cases the use of marine gas oils with a sulphur content higher than the limits set therein.

This Royal Decree transpose Directive 1999 /32/EC of the Council of 26 April.

According to the third paragraph of the third paragraph of Law 34/1998 of 7 October, of the Hydrocarbons Sector, this Royal Decree has been submitted to the National Energy Commission's mandatory report.

In its virtue, on the proposal of the Minister of Economy, according to the Council of State and after deliberation of the Council of Ministers at its meeting of the day 16 March 2001,

D I S P O N G O:

Article 1. Maximum sulphur content of heavy fuel oil.

1. The use of heavy fuel oil with a sulphur content of more than 1,00 per cent by mass shall be prohibited throughout the national territory from 1 January 2003.

2. By way of derogation from paragraph 1, the Ministry of Economic Affairs, after reporting by the Ministry of the Environment, may authorise the use of heavy fuel oil with a sulphur content between 1,00 per cent by mass and 3,00 per cent by mass, upon reasoned request from the parties concerned, provided that the air quality standards for SO2 and the emissions produced by such use do not contribute to the improvement of the critical loads.

This authorisation must be made public and communicated to the European Commission 12 months in advance. Sufficient information will be provided to the European Commission so that it can check whether the criteria mentioned above are met.

3. In addition, paragraph 1 shall not apply to fuel oil used in:

(a) Large combustion plants covered by Directive 88 /609/EEC, which is incorporated into Spanish law in Royal Decree 646/1991 of 22 April 1991, as amended by Royal Decree 1800/1995 of 3 November 1995.

(b) Other combustion plants not included in subparagraph (a), where their SO2 emissions are equal to or less than 1,700 mg/Nm3, with an oxygen content in the flue gas of 3 per cent by volume, on a dry basis.

(c) Oil Refineries, where the monthly average of SO2 emissions among all refinery facilities, excluding those in paragraph (a), is equal to or less than 1,700 mg/Nm.

4. The reference method adopted for determining the sulphur content of heavy fuel oil shall be that defined in the UNE EN ISO 8754 (1996) and UNE EN ISO 14596 (1999) standards.

Article 2. Maximum sulphur content of Class B diesel for marine use and class C gas oil.

1. The use of class B diesel for marine use and class C gas oil shall be prohibited throughout the national territory from:

(a) The entry into force of this Royal Decree if its sulphur content exceeds 0,20 per cent by mass.

(b) On 1 January 2008, if its sulphur content exceeds 0,10 per cent by mass.

2. By way of derogation from paragraph 1, the Ministry of Economic Affairs, after reporting by the Ministry of the Environment, may authorise the use of such gas oils with a sulphur content between 0,10 per cent by mass and 0,20 per cent by mass, upon reasoned request from the parties concerned, provided that the air quality standards for SO2 are respected, and the emissions produced by such use do not contribute to the improvement of the critical loads. Such authorisation shall be made public and communicated to the European Commission 12 months in advance and shall not be valid after 1 January 2013. Sufficient information will be provided to the European Commission so that it can check whether the criteria mentioned above are met.

3. Furthermore, paragraph 1 shall not apply to marine gas oil used in the Canary Islands, which may be used in that oil for marine use with a sulphur content exceeding the limits laid down in that Regulation. paragraph, provided that the limit laid down in Royal Decree 2482/1986 of 25 September 1986, as amended by Royal Decree 1485/1987 of 4 December 1987, is not exceeded.

4. Similarly, paragraph 1 shall not apply to gas oils used in mobile machinery other than road and agricultural tractors.

5. The reference method adopted for the determination of the sulphur content of class B gas oil for maritime use shall be that defined in UNE EN ISO 8754 (1996) and UNE EN ISO 14596 (1999).

Similarly, the reference method adopted for determining the sulphur content in class C gas oil will be that defined in UNE EN 24260 (1996), UNE EN ISO 8754 (1996) and UNE EN ISO 14596 (1999).

The method of arbitration will be UNE EN ISO 14596 (1999). The statistical interpretation of the sulphur content of the gas oils used shall be carried out in accordance with the UNE EN ISO 4259 (1997) standard.

Additional disposition first. Changes in the supply of fuels.

If there is a sudden change in the supply of crude oil, petroleum or other hydrocarbons, which will motivate the difficulty to meet the limits of the maximum sulphur content provided for in Articles 1 and 2 of this Royal Decree, the Ministry of Economic Affairs may authorise the application of an upper limit for a period not exceeding six months, subject to the consent of the European Commission.

Additional provision second. Sampling and analysis.

The Autonomous Administration shall take the necessary measures to control by sampling the sulphur content of the fuels used. Such sampling shall not be carried out until six months after the date on which the maximum sulphur content limit for the fuel of

is due.

in question. Sampling shall be carried out in sufficient frequency to ensure, in any case, that the samples are representative of the fuel examined.

Before 30 June each year, the General Administration of the State shall communicate to the European Commission the results of the sampling carried out, indicating the exceptions granted in accordance with the provisions of the Articles 1 and 2 of this Royal Decree.

Single repeal provision. Scope of the regulatory repeal.

As many provisions of the same or lower rank are repealed, they oppose the provisions of this Royal Decree, from the dates of entry into force of the provisions of this Royal Decree. In particular, they are repealed:

(a) Annex IV to Royal Decree 1485/1987 of 4 December on the sulphur content of fuel oils.

(b) Annex I to Royal Decree 398/1996 of 1 March 1996 concerning the sulphur content of Class B automotive gas oil exclusively for maritime use and for all applications of class C heating oil.

Final disposition first. Basic character.

This Royal Decree is of a basic nature under the provisions of Article 149.1.25.a of the Constitution.

Final disposition second. Entry into force.

This Royal Decree will enter into force the day after its publication in the "Official State Gazette".

Dado en Madrid a 16 de marzo de 2001.

JOHN CARLOS R.

The Second Vice President of the Government for Economic Affairs and Minister of Economy,

RODRIGO DE RATO Y FIGAREDO