Policy implementation in Spain

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Note: This page is part of the EU biofuel policy tracker, created with content provided by the International Council on Clean Transportation

Implementation of the Renewable Energy Directive (RED) and Fuel Quality Directive (FQD) in Spain.

Policy implementation in EU countries
This page was developed with information supplied by ICCT, the International Council on Clean Transportation (http://www.theicct.org/).
EU biofuel policy tracker:
Implementation of the EU's Renewable Energy Directive (RED) and
Fuel Quality Directive (FQD) in
:
AustriaBelgiumBulgariaCyprusCzech RepublicDenmarkEstoniaFinlandFranceGermanyGreeceHungaryIrelandItalyLatviaLithuaniaLuxembourgMaltaThe NetherlandsPolandPortugalRomaniaSlovakiaSloveniaSpainSwedenUnited Kingdom
(Template for country information)
  • Note: Information believed to be current as of 1 October 2011.

Contents

Overview of the EU Directives

Overview of the two European Union Directives.
Renewable Energy Directive (RED)

  • The Renewable Energy Directive sets mandates for the use of renewable energy in the European Union. This includes a mandatory target for European Member States that 10% of energy in land transport should be from renewable sources by 2020. This renewable energy could be in any form, such as hydrogen or electricity, but it is widely expected that the bulk of the target will be met by the use of biofuels. The Directive includes sustainability criteria (mirrored in the Fuel Quality Directive) that put a minimum threshold on the direct emissions savings from biofuels based on a lifecycle analysis methodology described in the directive, and define categories of high biodiversity and high carbon land that must not be converted for biofuels production. The Directive puts an obligation on European Member States to enforce both the overall targets and the sustainability conditions, and so the legal requirements on economic operators may vary from Member State to Member State. See Renewable Energy Directive.

Fuel Quality Directive

  • The Fuel Quality Directive includes a mandatory target that the carbon intensity of transport fuel supplied in Europe should be reduced by 6% in 2020 compared to the baseline. It is anticipated that the bulk of this saving will be achieved with biofuels, but electric vehicles and other low carbon vehicle technologies may also be important. There may also be recognition available for reduced emissions intensity from fossil fuel supply, such as by reduced flaring emissions. The 6% target is intended to be achievable by any economic operator supplying all of its mandated 10% renewable energy under the Renewable Energy Directive as biofuel with an average carbon saving of 60%. See Fuel Quality Directive.

Spain Overview

  • The Spanish biofuel mandate came into effect in 2008, supported by the law Orden ITC/2877/2008, and is implemented by the National Energy Commission. The current mandate obligates suppliers of road transport fuel to supply 6.2% biofuel by volume in 2011 and 6.5% in 2012-13, although these targets are expected to be revised downward to 5.9%, 6.0%, and 6.1% in 2011, 2012, and 2013, respectively. Tradable certificates are awarded to compliant suppliers.

Policy name(s)

  • The legislative authority for the Spanish biofuel mandate comes from Orden ITC/2877/2008. This built on the targets set in the 2007 law “Disposición Adicional Decimosexta de la Ley 34/1998 del Sector de Hidrocarburos”. An amendment is expected to implement the RED/FQD more fully.

Type of policy

  • The Spanish scheme is a mandate for the volume of biofuels as a % of the total fuel supply. Biofuel to meet this mandate can only be supplied by companies awarded supply quotas by the Spanish Government.

Implementing authority

  • The biofuel mandate is implemented by the National Energy Commission (CNE).

Year introduced

  • Orden ITC/2877/2008 came into effect in 2008; the Disposición Adicional Decimosexta de la Ley 34/1998 del Sector de Hidrocarburos was passed in 2007. The targets under Orden ITC/2877/2008 were updated in 2010.

Status

  • In effect since 2008 and obligatory since 2009. An amendment is expected to bring the biofuel obligation fully in line with RED and FQD.

Scheme website

Targets

  • Orden ITC/2877/2008 set an indicative target of 1.8% biofuel use in 2008, increasing to mandatory blending of 3.4% in 2009, 5.83% in 2010, 6.2% in 2011, 6.5% in 2012 and 6.5% in 2013. While the 2010 target was mandatory, in recognition of a delay in setting revised regulations for the use of biofuels in the vehicle fleet it was effectively reduced to 4.78% by setting the penalty for non-compliance beyond this level to zero. A new proposal by the Ministry of Energy would, if enacted, revise the targets to 5.9%, 6.0%, and 6.1% in 2011, 2012, and 2013, respectively. Additionally, a new rule passed in September, 2011 requires that “protection gasoline” (Unleaded 95) be available throughout the national gasoline market up to December 31, 2013. This rule is to avoid problems with old vehicles.

Legally obligated parties, opt-in parties and compliance pathways

  • Suppliers of transport fuel across the duty point into the Spanish market. An obligation can be met through certificates awarded for supplying biofuels – these certificates are transferable via an online system.
  • Fuel suppliers who fail to meet their biofuel obligation will pay a buy-out price. The revenue generated will be distributed among holders of excess certificates.
  • An expected Ministerial order will mandate a non-transferable quota for biofuel producers that will exceed projected domestic demand for biofuels and discourage competition from international producers. This system will run for two years and be renewable for two more.

Sustainability

Article 7 of Orden ITC/2877/2008 provides for the imposition of sustainability criteria, once such criteria have been agreed by the European Commission. Similarly, Article 7 of the National Energy Commission's Circular 2/2009 (English translation) of 26 February 2009 provides an indication of certification and documentation requirements, also to be implemented only when “the legal provisions regulating it have been approved in accordance with Community regulations implemented for that purpose." Presumably, such provisions will be part of the expected regulation to implement RED/FQD, but they are not yet in operation.

Greenhouse gas emissions

  • Reporting presumably to be introduced with legislation to implement RED/FQD.

Life-cycle analysis (LCA)

  • The LCA will presumably be based on the RED/FQD LCA system.

Grandfathering

  • No provision at this time. Presumably, biofuels will be grandfathered in line with the grandfathering in the RED/FQD.

GHG emissions from ILUC

  • There are no plans to account for ILUC in the carbon intensity reporting of biofuels at this stage.

Mandatory environmental criteria on land types

  • Article 7 of Orden ITC/2877/2008 provides for the imposition of sustainability criteria, once such criteria have been agreed by the European Commission. Similarly, Article 7 of the National Energy Commission's Circular 2/2009 (English translation) of 26 February 2009 provides an indication of certification and documentation requirements, also to be implemented only when “the legal provisions regulating it have been approved in accordance with Community regulations implemented for that purpose." Presumably, such provisions will be part of the expected regulation to implement RED/FQD, but they are not yet in operation.

Additional environmental and social reporting requirements

  • No known provisions. It is anticipated that compliance with voluntary certification schemes assessed as appropriate by the European Commission will provide the basis for part or all of this reporting.

System for verifying carbon and sustainability claims

  • Once sustainability rules have been enacted, applications for biofuel certificates will be required to include details on the feedstock(s) and environmental conditions under which it was grown.

Reporting system

  • Biofuel suppliers must apply for certificates with evidence of meeting quota and sustainability requirements.

Double reward for cellulosic biofuels, use of wastes and residues

  • Presumably will implement double counting as in RED at economic operator level.

Eligible feedstocks

  • Presumably in line with RED – additional detail sought.

Credit trading

  • Certificate trading is allowed. Up to 30% of a supplier’s obligation may be filled using excess certificates from the previous year. Certificates for biofuels in gasoline and biofuels in diesel are distinct and may not be substituted for one another.

Aviation and shipping

  • Aviation and shipping are not included at this time.
Policy implementation in EU countries edit
European Union policy - European Biofuels Directive | EU member states biofuel targets
EU biofuel policy tracker -- Implementation of the EU's Renewable Energy Directive (RED) and Fuel Quality Directive (FQD) in:
AustriaBelgiumBulgariaCyprusCzech RepublicDenmarkEstoniaFinlandFranceGermanyGreeceHungaryIrelandItalyLatviaLithuaniaLuxembourgMaltaThe NetherlandsPolandPortugalRomaniaSlovakiaSloveniaSpainSwedenUnited Kingdom
Template for country information
Spain edit

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