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 sets annual targets for biofuels and other renewable fuels for transport purposes up to the year 2010 and enables the Government to modify these objectives, as well as set additional objectives.

Royal Decree 459/2011 of 1 April, setting the mandatory targets for biofuels for the years 2011, 2012 and 2013, respectively sets targets for biofuels in petrol of 3.9%, 4.1% and 4.1%, in diesel of 6%, 7% and 7% and global of 6,2%, 6,5% and 6,5%, all of them in energy content.

The final disposition of that Royal Decree enables the Minister of Industry, Energy and Tourism to introduce, by ministerial order, prior agreement of the Government Delegation for Economic Affairs, exceptions or mechanisms for territorial flexibility in the mechanism for the promotion of the use of biofuels.

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 provides for temporary flexibility mechanisms for the use of biofuels. accounting for the quantities of biofuels sold or consumed, and a system of certification and compensatory payments, which allows the subject to transfer certificates, while at the same time serving as a control mechanism for the obligation.

The purpose of this order is to introduce, for the period 2011, 2012 and 2013, on a transitional basis, an exception of territorial character in the fulfilment of the individual objective of biofuels in gasoline, for the required subjects for the sales or consumption of fuels in the Autonomous Community of the Canary Islands or in the cities of Ceuta or Melilla, since investments for the installation of direct mixing infrastructure are not considered justified at present. bioethanol in divided territories or with low consumption volume.

The overall biofuel targets for sales made in these territories are in line with the new individual targets.

Likewise, the Order ITC/2877/2008, dated October 9, is amended to update the formulas for the calculation of excess certificates and to allow the required persons to comply with the obligations established for the achievement of the annual targets for minimum content of biofuels and other renewable fuels by making compensatory payments up to 50% of the regulated targets instead of 30% as was established.

In accordance with the provisions of the second subparagraph of Article 11 (3) of Law No 34/1998 of 7 October 1998 on the hydrocarbon sector, the National Energy Commission has issued the report 37/2011, December 13. Furthermore, the process of hearing the interested parties has been carried out through the Hydrocarbons Advisory Council, whose comments and comments have been taken into account in the preparation of the aforementioned report of the National Commission of Energy.

Under its virtue, in accordance with the Council of State, prior to the Agreement of the Government of the Government for Economic Affairs of March 15, 2012, I have:

Article 1. Object.

This is the object of this order:

1. To introduce a territorial exception for the years 2011, 2012 and 2013, in the fulfilment of the individual target for biofuels in petrol, for those subject to sales or consumption in the Autonomous Community of the Canary Islands or in the Cities of Ceuta or Melilla, adjusting the overall objectives in those territories.

2. Update the formula for calculating excess biofuel certificates.

3. Increase the maximum percentage of biofuels consumption and sales targets that can be met by making compensatory payments.

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

1. The required subjects referred to in Article 2 of Royal Decree 459/2011 of 1 April, setting the mandatory targets for biofuels for the years 2011, 2012 and 2013, with sales or consumption in the Canary Islands, Ceuta or Melilla to accredit each year to the biofuel certification body, for the sales or consumption in the above territorial areas, the following entitlements, with the said sales being exempt from the compliance of the regulated objectives in the Article 3 (a) and (c) of the said Royal Decree 459/2011 of 1 April:

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

	2011 - Percentage	2012 - Percentage	2013 - Percentage
Biofuels Targets (Percent)	4.7	5.5	5.7

(b) The ownership of the minimum quantity of biofuels in diesel (CBD) certificates to meet the objectives set out in Article 3 (b) of that Royal Decree 459/2011 of 1 April.

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

	2011 - Percentage	2012 - Percentage	2013 - Percentage
Biofuels Targets in Gasolines (Percent)	3.0	3.4	3.8

These percentages will be calculated, for each of the required subjects, in accordance with the formulas set out in Order ITC/2877/2008 of 9 October, establishing a mechanism for promoting the use of biofuels and other renewable fuels for transport purposes.

2. For sales or consumption in the rest of the national territory, the subjects referred to in the preceding paragraph shall accredit annually to the biofuel certification body the ownership of a number of certificates of (b) Biofuels enabling the fulfilment of the objectives set out in Article 3 (a), (b) and (c) of Royal Decree 459/2011 of 1 April.

Final disposition first. Amendment 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.

Article 11 (2) and (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 the purpose of transport are hereby drafted. next mode:

" 2. The revenue generated by this concept in each calendar year shall provide a single fund of compensatory payments which the certification body shall distribute among the subjects with excess certificates in relation to their obligation according to the formula next:

PFC_in = max {0; β (EG_in + ED_in -AT_in )}

Where:

PFC_in: This is the payment from the obligated subject's compensation fund in year n.

β: This is a maximum value of € 350 /certificate.

EG_in and ED_in: It is the excesses of biofuels for the i-th subject in year n in relation to biofuel targets.

AT_in: This is the term that allows you to avoid the duplication of the excess of biofuels.

EG_in, ED_in , and AT_in will be calculated according to the following formulas:

EG_in = max {0; CBG_in -OBG_in -G_in }

ED_in = max {0; CBD_in -OBD_in -D_in }

AT_in = max {0; OB_in (G_in + D_in ) -(OBG_in G_in + OBD_in D_in )

The other parameters are those defined in this order.

If the one-year compensatory payment fund is not sufficient to satisfy the amount calculated according to the formula above, this amount will be reduced in proportion. Otherwise, if there is an excess of resources in the compensatory payments fund, this excess will go to the bottom of the following year.

3. Compensation payments resulting from the application of the provisions of paragraph 1 of this Article shall be deemed to be carried out and shall be determined by the certification body in accordance with Article 12 of this Regulation. compliance with the obligations laid down for the achievement of the annual targets for minimum content of biofuels and other renewable fuels of a subject subject to the following conditions:

CBG_in ≥ 0.5-OBG_in -G_in

CBD_in≥ 0.5-OBD_in -G_in

Where the parameters used are those defined in this order.

Otherwise, a breach of the obligations established for the achievement of the annual minimum content targets for biofuels and other renewable fuels shall be deemed to have occurred. very serious infringement in accordance with Article 109 (1) (z) (a) of Law 34/1998 of 7 October of the hydrocarbon sector. The imposition of administrative penalties which may result from such non-compliance shall be without prejudice to the compensatory payments to be made in any event, in accordance with paragraph 1 of this Article. Article. "

Final disposition second. Competence title.

This order is dictated by the provisions of Article 149.1.13. and the 25th of the Constitution, which attributes to the State exclusive competence on the basis and coordination of the general planning of economic activity and the the basis of the mining and energy regime, respectively.

Final disposition third. Entry into force.

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

Madrid, March 29, 2012.-The Minister of Industry, Energy and Tourism. José Manuel Soria López.