Royal Decree 1597/2011,regulating the sustainability criteria for biofuels and bioliquids, the National Verification of Sustainability and the double value of some biofuels for purposes of computation.

Country / jurisdiction: Spain · Year: 2011 · Status: In force · Level: National · Type: Voluntary

Royal Decree 1597/2011 transposed sustainability criteria to national regulation, defined Spain’s National Scheme for verification of compliance and transposed those provisions in the Directive related to double counting for some biofuels. The Royal Decree 1597/2011 is based on the EU Directive 2009/28/EC on the promotion of the use of energy from renewable sources and the sustainability criteria are identical to those in Article 17 of the RED. Nevertheless, more detailed guidelines and further regulation are needed for full sustainability criteria control implementation as well as for double counting consideration. A transitory period to allow for the progressive adaptation of the verification system until the full scheme is in place was also defined.

Royal Decree 1597/2011 entitled the National Energy Commission (CNE), Spain's independent regulator of the energy markets, as the supervisory body within the sustainability system during the transitory period and the Ministry of Industry, Energy and Tourism will be the supervisory body during the definitive period. Law 3/2013, made changes to the system of regulatory supervision by creating a new body, the National Markets and Competition Commission (CNMC), which encompasses the existing CNE and the majority of industry supervisory authorities. The Law transfers some functions, including the supervisory activities within the sustainability system during the transitory period, to the Ministry of Industry, Energy and Tourism.

In 2013, Law 11/2013 established a sine die delay in sustainability implementation. During the interim period, prior to the transitory period, obliged parties were only requested to provide information regarding the type of biofuel marketed, the feedstock used, its origin and the place where the biofuel was produced. While not mandatory until the transitory period begins, GHG reduction and soil use can be optionally reported.

Resolution of 29 April, 2015 establishes the starting date for the transitory period on 1 January 2016. During the transitory period, the economic agents in the supply chain can comply with sustainability by presenting a Responsible Declaration.

Official source: http://www.boe.es/buscar/pdf/2011/BOE-A-2011-17465-consolidado.pdf