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The additional sixteenth provision of Law 34/1998, of 7 October, of the hydrocarbon sector, established mandatory targets for the consumption and sale of biofuels in gasoline and gas oils and enabled the government to establish a path of objectives with which to fulfil the commitment to achieve 10 per cent renewable energy in transport, as laid down in Directive 2009 /28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of renewable energy the use of energy from renewable sources and the use of energy from renewable sources Directives 2001 /77/EC and 2003 /30/EC.
Royal Decree 1597/2011 of 4 November on the sustainability criteria for biofuels and bioliquids, the National Sustainability Verification System and the double value of some of the For the purposes of its calculation, it established a transitional period for the verification of sustainability, from its entry into force and until the adoption of the necessary provisions for the development of the said National System of Verification.
Subsequently, Law 11/2013 of 26 July, of measures of support to the entrepreneur and of encouragement of growth and job creation, from the Royal Decree-Law 4/2013, of February 22, introduced a period of absence for the implementation of the transitional period for the verification of the sustainability of biofuels and bioliquids. During this period of absence, the previously mentioned sustainability criteria are indicative, although the subjects required to do so must submit all the information that is true, as required by Royal Decree 1597/2011 of 4 November 2011. and in the circulars that develop and maintain for at least five years the evidence related to such information. It also enabled the Secretary of State of Energy to determine the date of termination of such a period of absence by resolution, published in the "Official State Gazette" at least eight months before its entry into force.
Overcome the cyclical circumstances that led to the implementation of the period of absence for the implementation of the transitional period for the verification of the sustainability of biofuels and bioliquids and the view of the An unavoidable commitment to the environment, through the promotion of the rational and sustainable use of natural resources, it is appropriate to give the aforementioned period to the end.
By virtue of the above and in use of the habilitation conferred by the transitional provision unica.1 of Royal Decree 1597/2011 of 4 November, this Secretariat of State of Energy resolves:
First. Completion of the period of absence for the implementation of the transitional period for the verification of the sustainability of biofuels and bioliquids.
Since 1 January 2016, the period of absence for the application of the transitional period for the sustainability of biofuels and bioliquids established in the single transitional provision of the Royal Decree is terminated. 1597/2011 of 4 November 2011 regulating the sustainability criteria for biofuels and bioliquids, the National Sustainability Verification System and the double value of some biofuels for the purposes of their calculation.
From that date, we will have to observe the provisions of the aforementioned Royal Decree 1597/2011 of 4 November, which regulates the criteria for the sustainability of biofuels and bioliquids, the National Verification System of the Sustainability and the double value of some biofuels for the purposes of their computation.
Second. Publication.
This resolution will be published in the "Official State Gazette".
Third. Effectiveness.
This resolution will take effect from the day following its publication in the "Official State Bulletin".
This resolution depletes the administrative path, in accordance with the provisions of Article 109 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, in relation to the additional provision of the 15th of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State. Against that decision, it may be brought before the Court of Justice of the National Court, within two months, from the day following that of the publication of this resolution, from the date of the publication of this resolution, compliance with Law 29/1998 of 13 July, regulating the Administrative-Administrative Jurisdiction.
The Secretary of State for Energy may also be subject to the right of replacement, within one month, from the day following that of the publication, meaning that, in the event of an appeal In the case of replacement, the administrative-administrative appeal may not be brought until the replacement appeal is expressly resolved or the presumed dismissal of the remedy occurs.
Madrid, April 29, 2015. -Secretary of State for Energy, Alberto Nadal Belda.
