Royal Decree 290/2015, 17 April, Amending The Royal Decree 61/2006, 31 January, Whereby Laying Down Specifications For Gasoline, Diesel, Fuel Oils And Liquefied Petroleum Gases, Regulates The Use Of Certain Biocar...

Original Language Title: Real Decreto 290/2015, de 17 de abril, por el que se modifica el Real Decreto 61/2006, de 31 de enero, por el que se fijan las especificaciones de gasolinas, gasóleos, fuelóleos y gases licuados del petróleo, se regula el uso de determinados biocar...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-4218

The Royal Decree 61/2006, 31 January, whereby laying down specifications for gasoline, diesel, fuel oils and liquefied petroleum gases, regulates the use of certain biofuels and the sulphur content of marine fuels, upgraded specifications of products derived from petroleum, and regulated the use of biofuels.

The Royal Decree 1027 / 2006, of 15 September, modified the aforementioned Royal Decree 61/2006, of 31 January, as regards the sulphur content of fuels for marine use, to adapt it to the Directive 2005/33/EC of the European Parliament and of the Council of 6 July 2005, that amending Directive 1999/32/EC as regards the sulphur content of marine fuels.

The adoption of the directive 2012/33/EU of the European Parliament and of the Council, of 21 November 2012, represents a new modification of Directive 1999/32/EC as regards the sulphur content of marine fuels.

2012/33/EU directive provides for measures aimed at the reduction of emissions from ships due to the combustion of marine fuels with a high sulphur content and contributing to the air pollution in the form of sulphur dioxide and particles, which harm human health and the environment and participates in acid deposits. Also contemplates measures to reduce air pollution caused by vessels moored in port which is a serious cause of concern for many port cities, with regard to their efforts to comply with the air quality limits set by the European Union.

Therefore, this amendment of Directive 1999/32/EC affects the content of articles 3, 4, 7, 9, 10, 11 and the third additional provision second final provision of the Royal Decree 61/2006, of 31 January. Also added a new article 12, a new additional provision and two new annexes are incorporated.

The present Royal Decree transposing the directive 2012/33/EU of the European Parliament and of the Council, of 21 November 2012, that amending Directive 1999/32/EC as regards the sulphur content of marine fuels.

The mandatory hearing process have evacuated through the Consultative Council of hydrocarbons, whose observations and comments, have been taken into consideration for the elaboration of the report of the National Commission of markets and competition. This, in accordance with the provisions of the fourth transitional provision of law 3/2013, June 4, creation of the National Commission of markets and competition, has evacuated IPN/of/0003/14 mandatory report, of May 8, 2014.

Also is has evacuated the corresponding processing of audience to the shipping industry, dated July 29, 2014, without observations by the same made during this process.

This Royal Decree has its legal basis in the final second provision of the law 34/1998, of October 7, the hydrocarbon sector, and the second final disposition of the text revised the law of State ports and merchant marine, approved by Royal Legislative Decree 2/2011, on 5 September, that authorized the Government to approve in the scope of their powers, through Royal Decree Law detailed rules.

The articles 149.1.25. ª and 149.1.20. ª of the Constitution the State given exclusive competence on the basis of the energy regime and in the field of merchant shipping.

By virtue, on the proposal of the Minister of industry, energy and tourism and the Minister of promotion, according to the Council of State and after deliberation by the Council of Ministers at its meeting of April 17, 2015, have unique article. Modification of the Royal Decree 61/2006, 31 January, whereby laying down specifications for gasoline, diesel, fuel oils and liquefied petroleum gases, regulates the use of certain biofuels and the sulphur content of marine fuels.

One. Amending (4) of article 3, which will be drafted along the following lines: «(4. No se podrán utilizar en territorio español gasóleos que, encontrándo_se en las categorías siguientes, tengan un contenido en azufre que supere el 0,10 % en masa: a) any liquid fuel derived from oil, with the exception of the fuel for maritime use, classified within CN codes 2710 19 25» 2710 19 29, 2710 19 47, 2710 19 48, 2710-20-17 or 2710 20 19, in accordance with Regulation (EEC) 2658/87 the Council, of 23 October 1987, on the tariff and statistical nomenclature and the common customs tariff or b) any liquid fuel derived from oil, excluding marine fuel, of which less than 65% by volume (including losses) distils at 250 ° C and at least 85% by volume (including losses) distils at 350° C by the ASTM D86 method or standard that replace it in the future.

In any case, will be excluded from these categories gas oils make reference paragraphs 1 to 3 above as well as the fuels used in other than the road mobile machinery and agricultural tractors.»

Two. Article 4 shall be worded as follows: «article 4. Technical specifications of fuel oils.

«1. the technical specifications for the fuel oils, with the exception of the fuel for maritime use, are those that are listed in annex IV of this Royal Decree.»

2 will be allowed the use of fuel oils heavy on national territory with a sulphur content exceeding 1% by mass. For this purpose, heavy fuel oil means: to) any liquid fuel derived from oil, with the exception of the fuel for maritime use, classified within CN codes 2710 19 51 to 2710 19 68, 2710 20 31, 2710 20 35, 2710 20 39 in accordance with Regulation (EEC) 2658/87 on the tariff and statistical nomenclature and on the tariff Council common customs.

((b) any liquid fuel oil other than diesel defined in paragraph 4 of article 3, point a) and b), or in article 9, paragraph 1 which, because of its distillation limits, belong to the class of heavy fuel oils intended for use as fuel and of which less than 65% by volume (including losses) distils at 250 ° C by the ASTM D86 method or standard that replace it in the future if the distillation You can not be determined by the ASTM D86 method, or standard that it replace the product derived from petroleum also in future be classified as heavy fuel oil;

3 the maximum sulphur content of referred to in 2 above shall not apply to the fuel oil used in: to) large combustion plants referred to in chapter V of the regulation of industrial emissions and development of law 16/2002, of July 1, integrated pollution prevention and control, approved by Royal Decree 815/2013, 18 October.

((b) other combustion plants not included in the letter to), when their SO2 emissions are equal to or less than 1700 mg/Nm3, with an oxygen content in exhaust from 3 per cent in volume, on base dry.

((c) petroleum refineries, when the monthly average of emissions of SO2 averaged between all the refinery combustion plants, regardless of the type of fuel or combination of fuels used, but excluding facilities referred to in paragraph a), gas turbines and gas engines, do not exceed the 1,700 mg/Nm3, with an oxygen content in the exhaust of 3% in volume -based dry.»

3. Amending article 7 which shall be worded as follows: «article 7. Sampling and analysis.

«1. in order to comply with provisions of the directives 98/70/EC, 2003/17/EC, 1999/32/EC, 2005/33/EC and 2012/33/EEC, with respect to control of compliance with the specifications and presentation to the European Commission's annual reports on the quality of petroleum products covered by this Royal Decree» the autonomous communities shall take the necessary measures to check by sampling specifications of gasoline, diesel, fuel oils and marine fuels. Such sampling must be carried out after six months from the date in which the maximum limit of such specifications for the fuel in question, except for the marine fuels, for which sampling will begin to be made on the date become chargeable in the corresponding sulphur content limit which comes into effect. Surveys will be carried out with sufficient frequency ensuring, however, that the samples are representative of the fuel examined.

2. by 30 April of each year, the autonomous communities must notify the Directorate-General for energy and mines, the Ministry of industry, energy and tourism, the results of surveys carried out. In the case of the sulphur content of marine fuels, autonomous communities must communicate these results to the General direction of the merchant marine of the development Ministry.
These results shall conform, in relation to gasoline and diesel fuel for automotive (class A), to the established format to the effect by Commission Decision of 18 February 2002 on a common format for the submission of summaries of national fuel quality data collected in Annexes VIII and IX of the present Royal Decree.

3. in relation to gas oils class B, for maritime use, fuel for maritime use and diesel class C, heating, as well as the fuel oils, the data required shall indicate the sulphur content of the products.

4 may be used, in order to ensure the sulphur content of marine fuels, one of the following methods of sampling, analysis and inspection as appropriate: to) sampling of the fuel for maritime use for combustion on board when it is supplying ships, in accordance with the guidelines for the sampling of fuel oil for determining compliance with provisions of the revised annex VI to the International Convention for the prevention of pollution by ships, 1973 (MARPOL Convention) on July 17, 2009 approved the resolution 182 (59) of the Committee for the protection of the marine environment (MARPOL) of IMO, and analysis of its sulphur content.

(b) sampling and analysis of the sulphur content of the fuel for maritime use for combustion on Board contained in tanks, where viable from an economic and technical point of view, and in samples sealed aboard the vessels.

(c) inspection of the diaries of ships and vessels fuel delivery receipts.

5. the reference method adopted for determining the sulphur content shall be method ISO 8754 or prEN ISO 14596 (2007), or standard that the substitution in the future.

«Determine if fuel for marine use delivered and used on board ships complies with established sulphur limits, shall be established in annex VI fuel verification procedure, Appendix VI of the MARPOL Convention, notwithstanding that the determination and application of precision on the sulphur content of data is carried out in accordance with the standard ISO 4259 or standard that replace it in the future.»

Four. Article 9 shall be drafted in the following way: «article 9. Definitions.

«1. "fuel for marine use" means: any liquid fuel oil intended for use on board a vessel, including fuels defined in standard ISO 8217;» or standard that, in future, the substitution includes any liquid fuel oil used on board vessels of inland navigation or recreational craft, as defined in Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the States Member relating to measures against the emission of gaseous and particulate pollutants from the internal combustion engines to be installed in mobile machines not road and in Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994, or provisions which modify it or substitute, on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft, when these vessels are at sea.

2 means "marine diesel fuel": any fuel for maritime use defined for DMB quality in table I of ISO 8217 or rule that in future replaces it, except for the reference to sulphur content.

«3 refers to "gas oil for maritime use": any fuel for maritime use defined for DMX and DMA DMZ qualities in table I of ISO 8217 or rule that in future replaces it, except for the reference to the sulphur content of.»

5. Amending article 10 which shall be worded as follows: «article 10. Maximum sulphur content of marine fuels used in territorial waters, exclusive economic zones and pollution control zones, including SOx emission control areas.

1. in the territorial waters, exclusive economic zones and pollution control zones within SOx emission control areas cannot be used fuel for maritime use whose mass sulphur content exceeds 0.10%.

This paragraph shall apply to any ship of any flag, including those whose journey had begun outside the European Union.

2. in the territorial waters, exclusive economic zones and pollution control zones outside SOx emission control areas cannot be used fuel for marine use with content of sulphur mass greater than 0,50%.

This paragraph shall apply to any ship of any flag, including those whose journey had begun outside the European Union, without prejudice to the provisions of paragraph 1 of this article.

3. the General Directorate of the Merchant Marine will define and develop procedures to monitor compliance of the provisions in paragraph 1 and 2, to any ship of any flag, including those whose journey had begun outside the European Union.

4. the General Directorate of the Merchant Marine will require that the diaries of ships is duly completed and/or books registration of hydrocarbons, including the operations of fuel switching and time registration is made that such an operation.

If a vessel violates the rules concerning maritime fuels compliant with this Royal Decree, the competent authority may require the ship: a) to present a record of the steps taken to try to ensure such compliance, as well as b) which provides evidence demonstrating that it has tried to acquire fuel for maritime use complies with this Royal Decree according to your planned journey and that , if it is not available in the planned town, has tried to locate alternative sources of this fuel and that, despite all the efforts to get fuel for marine use complies with this Royal Decree, this was not for sale.

The vessel shall not be obligated, to achieve such compliance, to deviate from the route or planned to delay unjustifiably.

If a ship provides the information referred to in the first subparagraph, the General Directorate of the Merchant Marine will consider all the relevant circumstances and the evidence presented to determine the actions that apply, including the non-adoption of control measures.

When can a ship not buy fuel for maritime use, which is as with this standard, it shall notify it to the State whose flag flies and the harbour master of the relevant destination port. The harbourmaster shall communicate such notification to the direction General of the Merchant Navy who shall transmit to the Commission the cases in which a ship has presented evidence of non-availability of fuel for maritime use, which conforms with this standard.

5 in accordance with rule 18 of annex VI of the MARPOL Convention: to) the port administration shall maintain on its electronic office, available to interested parties, a database, list or properly up-to-date list of local suppliers of fuel for maritime use;

(b) the autonomous communities shall ensure that the sulphur content of all the marine fuels sold on Spanish territory and effectively loaded as fuel for use of the ship is documented by the supplier through a proof of delivery of fuel, accompanied by a sealed sample signed by a representative of the receiving vessel;

(c) the autonomous communities shall take appropriate measures against suppliers of fuel for marine if they deliver fuel other than in accordance with the specification in the proof of delivery of fuel and make sure that appropriate corrective measures are taken to bring into conformity to all fuel for marine use not according to that you have discovered.

6. do not may be marketed in Spanish territory diesel fuel for maritime use or for diesel marine, with a sulphur content greater than 1.50% and 0.10% by mass, respectively. The autonomous communities shall take appropriate measures to verify compliance with this provision.'

6. Article 11 shall be drafted with the following lines: "article 11. Maximum sulphur content of marine fuels used by ships docked in Spanish ports.

1. vessels moored or anchored in ports located in the national territory not be used fuel for marine use with a sulphur content exceeding 0.10% by mass, giving the crew enough time to carry out any necessary fuel switching operation as soon as possible after the docking and as late as possible before departure.

Are you must register in the book of navigation and in the journal of ship time make all fuel change operation.

The competent authorities in the field of ports will encourage the use of systems of electricity supply from the coast to ships moored in ports.

2. the provisions of paragraph 1 shall not apply:
(a) when, according to published timetables, are ships to stay at berth for less than two hours.

(b) to vessels which turned off all machines and connect to the electricity ashore while moored at a port.»

7. Add a new chapter IV which will be drafted in the following terms: «Chapter IV penalties applicable in terms of sulphur content of maritime fuels article 12. Sanctioning regime.

The applicable sanctioning regime relating to sulphur content of marine fuels shall be that provided for in title IV of Book III of the revised text of the law of State ports and merchant marine, approved by Royal Legislative Decree 2/2011, on 5 September, and in the title VI of the law 34/1998 «, on 7 October, the hydrocarbons sector, without prejudice to competences that have conferred the autonomous communities under its statutory provisions or in accordance with the sectoral legislation.»

8. Paragraph h) the third additional provision is drafted in the following way: «h) fuel used on Board of vessels using methods of reducing emissions allowing to continuously achieve emission reductions of SO2 which are at least equivalent, in accordance with the values of annex X, that there would be achieved with the use of marine fuels that comply with the requirements of this Royal Decree. "

Additionally, if the sulphur content of marine fuel exceeds 3.5% in mass, these methods of reducing emissions should operate in closed systems.

«The aforementioned emission reduction methods shall comply with the criteria specified in the instruments referred to in annex XI.»

9. Final disposition second is worded in the following way: «second final provision. Enabling for regulatory development and updating of annexes.

1 enabled the Minister of industry, energy and tourism and the Minister of promotion, within the scope of their respective competencies, to dictate how many provisions are necessary for the development and application of the provisions of this Royal Decree.

2 enables the Minister of industry, energy and tourism, to modify the formats listed in Annexes VIII and IX, who can also set exclusively telematic procedures for your referral, and the Minister of promotion in which refers to Annexes X and XI, when these updates are needed to adjust such annexes to European or international legislation.

3 it enables the Minister of promotion to enact regulatory of the trials of methods of reducing emissions on ships that sail under the Spanish flag or in maritime areas where Spain exercised sovereignty, sovereign rights or jurisdiction, according to which the effect is available in the technical legislation of the European Union. During the testing period shall not apply established in Royal Decree limitations on the sulphur content of marine fuels, when all the following conditions are met: to) that trials must be notified in writing to the Commission and to any affected body at least six months before its inception.

(b) the period of validity of authorisations for carrying out the tests does not exceed eighteen months, from the date of the authorisation.

(c) vessels which made trials are fitted with non-corrodible continuous flue gas emission control equipment and use them during the trials.

(d) that involved ships achieve a reduction in emissions at least equivalent to that would be achieved through the limits on sulphur in fuels set out in Royal Decree.

(e) there are adequate systems of waste management for waste generated by methods of reducing emissions during the test period.

(f) that is appropriate to an assessment of the impact on the marine environment, especially in the ecosystems of fenced ports, docks and estuaries during the trials.

(g) that the complete results must be notified to the Commission and be made public within a period of six months from the end of the same."

10. It incorporates two new annexes, receiving the numbering X and XI, which are inserted after this Royal Decree.

First transitional provision. Limits on the sulphur content of heavy fuel oils.

Until 31 December 2015, the derogation provided for in article 4, paragraph 3, letter a), shall be applied to large combustion plants referred to in Royal Decree 430/2004, dated 12 March, which lays down new rules on the limitation of emissions of certain pollutants from large combustion plants , and fix certain conditions for the control of emissions into the atmosphere from oil refineries.

Second transitional provision. Limits on the sulphur content of marine fuels.

1. the limit of sulphur referred to in article 10, paragraph 2 shall be 3,50% until December 31, 2019.

2. Notwithstanding the foregoing, until January 1, 2020, passenger ships on regular services to or from any port in the European Union may not be used in territorial waters, exclusive economic zones and pollution control zones situated outside the areas of Control of the emission of SOx, under the sovereignty of the Kingdom of Spain fuel for marine use with sulphur content exceeding 1.50% by mass.

The General direction of the merchant marine of the development Ministry will define and develop procedures to monitor compliance with this requirement, at least with regard to vessels flying the Spanish flag and vessels of any flag while they appear in Spanish ports.

First final provision. Skill-related title.

This Royal Decree is issued under cover of the provisions of the articles 149.1.25. ª and 149.1.20. ª of the Constitution, which attributes to the State competition in the field of energy regime and Merchant Navy bases.

Second final provision. Incorporation of European Union law.

By this Royal Decree was incorporated into Spanish law directive 2012/33/EU of the European Parliament and of the Council, of 21 November 2012, that amending Directive 1999/32/EC as regards the sulphur content of marine fuels.

Third final provision. Entry into force.

This Royal Decree shall enter into force the day following its publication in the "Official Gazette".

Given in Madrid, on April 17, 2015.

PHILIP R.

The Vice-President of the Government and Minister of the Presidency, SORAYA SAENZ DE SANTAMARIA ANTON «annex X values equivalent of emission for the sulphur content of fuels emissions reduction methods for marine use (% m/m) (ppm) SO2 emission ratio / CO2 (%, v/v) 3.50 151,7 1.50 65.0 1.00 43.3 0.50 21.7 0.10 4.3 Note: • the limits for the relationship of emissions apply only when distillate or residual fuel oils from petroleum are used.»

• In justified cases, when the exhaust gas cleaning unit reduces the concentration of CO2, the latter can be measured at the entrance of the exhaust gas cleaning unit, provided that the accuracy of this methodology can be clearly demonstrated.

Annex XI criteria of use of methods of reducing emissions emission reduction methods referred to in the additional provision Terceradeberan meet at least the criteria specified in the following instruments, as appropriate: method of reducing emissions criteria of use of fuel for maritime use and evaporation gas mixture.





2010/769/EU Commission decision, on December 13, 2010, by which establish criteria so that transport of liquefied natural gas vessels use technological methods as an alternative to the use of fuels for marine use with a low sulfur content that meet the requirements of article 4 ter of Directive 1999/32/EC of the Council concerning the reduction of the sulphur content of certain liquid fuels, as amended by Directive 2005/33/EC of the European Parliament and of the Council as regards the sulphur content of marine fuels exhaust purification systems.





Resolution MEPC.184 (59) of the IMO adopted on July 17, 2009.
Water wash resulting from the systems of purification of exhaust gases which make use of additives, prepared and created relevant chemicals on-site that referred to item 10.1.6.1 of resolution MEPC.184 (59) may not be discharged into the sea, including fenced ports, docks and estuaries, unless the vessel operator demonstrate that such discharge of washing water has significant negative impacts or presents risks for the human health or the environment. «If used chemical is caustic soda, is sufficient for the wash water to meet the criteria established in the resolution MEPC.184 (59) and the pH does not exceed 8.0.»






Biofuels.





Use of biofuels, as defined in 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, which meet the relevant CEN and ISO standards. Mixtures of biofuels and marine fuels must meet standards for sulphur content set out in the present Royal Decree.