Order 631-Eit-2012, Of 29 March, Which Enters A Territorial Exemption Mechanism Of Promotion Of The Use Of Biofuels, For The Years 2011, 2012 And 2013.

Original Language Title: Orden IET/631/2012, de 29 de marzo, por la que se introduce una excepción de carácter territorial en el mecanismo de fomento del uso de biocarburantes, para los años 2011, 2012 y 2013.

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The directive 2009 / 28 / CE of the Parliament European and of the Council, of 23 of April of 2009, relative to the promotion of the use of energy from of sources renewable and by which is modify and is repealed them directives 2001 / 77 / CE and 2003 / 30 / CE, sets that each State Member shall ensure by that the share of energy from of sources renewable in all them types of transport in 2020 is as minimum equivalent to the 10% of its consumption end energy in transport.

Sixteenth additional provision of law 34/1998, of October 7, the hydrocarbon sector, sets annual targets of biofuels and other renewable fuels for the purpose of transport up to the year 2010 and enables the Government to modify these objectives, as well as to establish additional objectives.

He Real Decree 459 / 2011, of 1 of April, by which is set them objectives mandatory of biofuels for the years 2011, 2012 and 2013, sets respectively ones objectives of biofuels in gasoline of the 3.9%, 4.1% and 4.1%, in diesel of the 6%, 7% and 7% and global of the 6.2%, 6.5% and 6.5%, all them in content energy.

It available end first of said Royal Decree enables to the Minister of industry, energy and tourism to introduce, by order ministerial, prior agreement of the Commission associate of the Government for Affairs economic, exceptions or mechanisms of flexibility of character territorial in the mechanism of promotion of the use of biofuels.

The order ITC / 2877 / 2008, of 9 of October, by which is sets a mechanism of promotion of the use of biofuels and others fuels renewable with purposes of transport, establishes mechanisms of flexibility temporary for the posting of them amounts of biofuels sold or consumed, and a system of certification and payments compensatory, that allows to them subject forced the transfer of certified , at the time serving as a mechanism for control of the obligation.

He object of this order is introduce, for the period 2011, 2012 and 2013, of form transient, an exception of character territorial in the compliance of the objective individual of biofuels in gasoline, for them subject forced by them sales or consumption of fuels in the community autonomous of Canary or in the cities of Ceuta or Melilla, since in the time current the investment for the installation of infrastructures of direct blending of bioethanol in fractional territories or with low volume of consumption are not considered justified.

Them objectives global of biofuels for the sales made in such territories, is adjusted to them new objectives individual.

Also modifies the order ITC/2877/2008, of 9 October, to update the formulas for calculation of excess of certificates and obligors allow the fulfillment of the obligations for the achievement of the annual objectives of minimum content of biofuels and other renewable fuels by means of compensatory payments up to 50% of the objectives covered instead of 30% as it was established.

In accordance with the provisions of the eleventh additional provision, third paragraph, function second, law 34/1998, of October 7, the hydrocarbon sector, the National Energy Commission has issued the 37/2011 report, December 13. Also, the procedure of hearing stakeholders has been carried out through the Consultative Council of hydrocarbons, whose observations and comments have been taken into consideration for the elaboration of the above-mentioned report of the National Commission of energy.

In his virtue, of conformity with the Council of State, prior agreement of the Commission associate of the Government for issues economic of the 15 of March of 2012, have: article 1. Object.

It is the subject of this order: 1. introduce an exception of territorial for the years 2011, 2012 and 2013, in compliance with the objective of biofuels in gasoline, for obligors for sales or consumption in the autonomous community of the Canary Islands or in the cities of Ceuta or Melilla, individual adjusting goals overall in those territories.

2. update the formulas of calculation of excess of certificates of biofuels.

3. increase the percentage maximum of them targets of consumption and sale of biofuels that is can meet through the realization of payments compensatory.

Article 2. Minimum mandatory targets of sale or consumption of biofuels in the Canary Islands, Ceuta and Melilla.

1. the subjects bound to that referred to in article 2 of the Royal Decree 459/2011, from April 1, whereby the mandatory biofuels targets are set for the years 2011, 2012 and 2013, with sales or consumption in the Canary Islands, Ceuta or Melilla must prove annually before the entity's certification of biofuels, by sales or consumption in these territorial fields ((((, the following entitlements, and exempt such sales of the fulfilment of the objectives covered in paragraphs a) and c) of article 3 of the aforementioned Royal Decree 459/2011, 1 April: to) the ownership of a minimum quantity of certificates of biofuels that meet the objectives of the following table: 2011 - percentage 2012-2013 percentage - percentage targets for biofuels (percentage) 4.7 5.5 5.7 b) ownership of the minimum amount of biofuel in diesel (CBD) certificates (that allow comply with them objectives regulated in the paragraph b) of the article 3, of the cited Real Decree 459 / 2011, from 1 of April.

(c) the ownership of the minimum quantity of certificates of biofuels in gasoline (CBG) which enable to achieve the objectives of the following table: 2011 - percentage 2012-2013 percentage - percentage targets for biofuels in gasoline (percentage) 3.0 3.4 3.8 such percentages shall be calculated, for each of the obligors, in accordance with the formulas listed in the order ITC/2877/2008 of 9 October, which establishes a mechanism for promotion of the use of biofuels and other renewable fuels for transport purposes.

2 by sales or consumption in the rest of the national territory, the subjects referred to in the preceding paragraph, must prove annually before the certification of biofuels entity ownership of a number of certificates of biofuels which will allow the fulfilment of the objectives set out in paragraphs a), b), c) of article 3 of the Royal Decree 459/2011 , 1 April.

First final provision. Modification of the order ITC/2877/2008, of 9 October, which establishes a mechanism for promotion of the use of biofuels and other renewable fuels for transport purposes.

Paragraphs 2 and 3 of article 11 of the order ITC/2877/2008, of 9 October, by which establishes a mechanism for the promotion of the use of biofuels and other renewable fuels for transport purposes, are written in the following way: «2. income generated by this concept in each calendar year will provide a unique Fund of compensatory payments that the certification authority will distribute among the subjects who have excess of certificates in relation to» its obligation according to the following formula: PFCin = max {0, β ∙ (EGin + EDin - ATin)} where: PFCin: is the payment from the Fund of compensatory payments of the obligated subject i-th in the year n.

Β: is a maximum of 350 €/ certificate.

EGin and EDin: are the excesses of biofuels for the i-th subject in year n in relation to the objectives of biofuels.

ATin: Is the term which avoids duplication of computation of the excesses of biofuels.

EGin, EDin and ATin will be calculated according to the following formulae: EGin = max {0; CBGin - OBGin ∙ Gin} EDin = max {0; {CBDin-OBDin ∙ Din} ATin = max {0;} {OBin ∙ (Gin + Din)-(OBGin ∙ Gin + OBDin ∙ Din)} the rest of parameters are those defined in the present order.

Where the bottom of compensatory payments for one year wasn't enough to satisfy the amount calculated according to the formula above, this amount will be reduced proportionally. In case contrary, if had an excess of resources in the Fund of payments compensatory, this excess will pass to provide to the Fund of the year following.

3. it shall be deemed that the compensatory payments resulting from the application of the provisions of paragraph 1 of this article, and that it will determine the certification body in accordance with article 12, is the fulfillment of the obligations for the achievement of annual objectives of minimum content of biofuels and other renewable fuels of a required subject, provided that the following conditions are met : CBGin ≥ 0.5 · OBGin · Gin 0.5 CBDin≥ · OBDin · Gin where the parameters used are those defined in the present order.


In case contrary, is considered that is has produced a breach of the obligations established for the achievement of them objectives annual of content minimum of biofuels and others fuels renewable, what constitutes infringement very serious in accordance with the article 109, paragraph 1, paragraph z bis, of the law 34 / 1998, of 7 of October, of the sector of hydrocarbons. The imposition of administrative sanctions that may derive from the aforementioned breach will be done without prejudice to the compensatory payments to be carried out in any case, in accordance with paragraph 1 of this article.»

Second final provision. Skill-related title.

This order is pronounced under cover as provided in article 149.1.13. ª and 25.ª of the Constitution, which attributes to the State exclusive jurisdiction on bases and coordination of the general economic activity planning and the foundations of the regime and mining, respectively.

Third final provision. Entry in force.

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

Madrid, 29 March 2012.-the Minister of industry, energy and tourism. Jose Manuel Soria Lopez.

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