Royal Decree 61/2006 of 31 January laying down the specifications for petrol, gas oils, fuel oils and liquefied petroleum gases, regulates the use of certain biofuels and the sulphur content of these fuels. fuels for maritime use, updated the specifications of petroleum products and regulated the use of biofuels.

Royal Decree 1027/2006 of 15 September amended the said Royal Decree 61/2006 of 31 January concerning the sulphur content of fuels for maritime use in order to adapt it to Directive 2005 /33/EC of the European Parliament and of the Council European Parliament and the Council of 6 July 2005 amending Directive 1999 /32/EC as regards the sulphur content of fuels for maritime use.

By Royal Decree 1088/2010 of 3 September, Royal Decree 61/2006 of 31 January 2006 was adapted as regards certain aspects relating to the use of biofuels and in relation to the specifications of the fuel used by inland waterway vessels, Directive 2009 /30/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 98 /70/EC as regards the specifications of petrol, the diesel and diesel fuel, a mechanism is introduced to control and reduce greenhouse gas emissions, Council Directive 1999 /32/EC on fuel specifications used by inland waterway vessels is amended and Directive 93 /12/EEC is repealed.

According to the amendment made by the aforementioned Royal Decree 1088/2010, of 3 September, in the current Royal Decree 61/2006, of 31 January, to diesel called class B, for agricultural and marine use, is required a maximum sulphur content of 10 mg/kg as from 1 January 2011, where it was then allowed to allow 1000 mg/kg. However, this requirement is made compulsory until 31 December 2011 for railway vehicles, agricultural and forestry tractors, provided that this limit does not put at risk the proper functioning of the control systems. emissions.

Directive 2009 /30/EC of 23 April 2009 does not include in the field of application of the reduction of the maximum sulphur content to 10 mg/kg some uses of B diesel, such as that used in fishing vessels. In our country, B diesel for marine use is mainly used in these vessels.

The reduction of sulphur content in fuels has a positive impact from an environmental point of view. However, it implies an increase in the price of this type of diesel, due to the desulphurisation needs, which raises the production costs for the fishing sector and can end up being passed on to the consumer to a greater or lesser extent. final.

In order to combine the environmental improvement associated with the reduction of the sulphur content and to minimise the economic impact of the measure, this royal decree details the uses of diesel B for which a Maximum sulphur content of 10 mg/kg as from 1 January 2011 and those temporarily exempted from that compliance until 31 December 2011. For other uses of diesel B other than those specified, this reduction in sulphur content shall not be required.

The mandatory hearing procedure has been evacuated through the Hydrocarbons Advisory Council, whose comments and comments, in accordance with the provisions of the 5.5 of Royal Decree 1339/1999 of 31 July 2001, approves the regulation of the National Energy Commission, which has been taken into account in the preparation of the relevant Commission report. It is, in accordance with the provisions of the second paragraph of Article 11 (1), second function of Law 34/1998 of 7 October, of the hydrocarbon sector, that it has been informed of a mandatory report.

This royal decree has its legal basis in the final provision of Law 34/1998, of 7 October, of the hydrocarbon sector, which authorizes the Government to approve, in the field of its competences, by means of a royal decree the rules for the development of that law.

Article 149.1.25. of the Constitution gives the State exclusive competence on the basis of the energy regime. In this title of competence, like the Royal Decree 61/2006 of January 31, which is being amended, the present royal decree is protected.

In its virtue, on the proposal of the Minister of Industry, Tourism and Trade, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on October 7, 2011,

DISPONGO:

Single article. Amendment of Royal Decree 61/2006 of 31 January, fixing the specifications of gasolines, gasoils, fuel oils and liquefied petroleum gases, regulates the use of certain biofuels and the sulphur content of fuels for maritime use.

Article 3 (2) of Royal Decree 61/2006 of 31 January fixing the specifications for petrol, gas oils, fuel oils and liquefied petroleum gases is hereby amended and the use of certain biofuels and the sulphur content of fuels for maritime use, which is worded as follows:

" 2. Gas oils for agricultural and marine uses (Class B).-The technical specifications for the agricultural and maritime use gas (Class B) are those listed in Annex IIIa of this royal decree without prejudice to the provisions of the following paragraph.

From 1 January 2011, the maximum authorised sulphur content of gas oils for non-road mobile machinery (including inland waterway vessels), agricultural and forestry tractors and recreational craft be 10 mg/kg, with the possibility of producing deliveries to end users with a sulphur content of up to 20 mg/kg as a result of contamination in the supply chain. Gas oil containing a maximum of 1000 mg/kg sulphur for railway vehicles and agricultural and forestry tractors may be marketed until 31 December 2011, provided that this limit does not put at risk the proper functioning of the emission control systems. "

Single end disposition. Entry into effect.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on October 7, 2011.

JOHN CARLOS R.

The Minister of Industry, Tourism and Trade,

MIGUEL SEBASTIAN GASCON