The MITECO has opened a public consultation for a decree transposing RED3 with notable changes to the existing legislation, we provide the key takeaways.
- Spain is set to adopt a GHG reduction target according to the drafted transposition of RED3, now up for public consultation. The targets in the text (attached top-right) are set as follows:
- Multipliers (for sub-targets on energy content, not GHG targets) are in line with RED3:
- Annex 9A / RFNBO: 2x.
- 9A used in aviation / maritime: 2.4x
- RFNBO used in aviation / maritime: 3x
- Annex 9B: 2x
- Renewable electricity: 4x
- Annex 9A / RFNBO: 2x.
- RFNBOs used outside the transport sector may only count towards the 2.5% sub‑target by 2030; if employed in transport, they count in full towards the 8% combined 9A+RFNBO sub‑target.
- The draft also establishes sub-targets for the use of RFNBOs in conventional oil and bio- refineries that use fossil hydrogen (see table above).
- Annex 9A / RFNBO (and RFNBO intermediate) sub-targets denominator includes all energy in road, rail and domestic shipping, at Union Airports (ReFuelEU Aviation scope), low-carbon fuels used in international shipping, and RFNBO used as intermediate product in refineries.
- The advanced ethanol sub-target is imposed only to gasoline providers, hence calculated as a percentage on the gasoline pool energy only.
- Suppliers to international bunkers may use low-carbon fuels for their domestic shipping compliance.
- The text also recognises the targets and obligated parties set by ReFuelEU Aviation and facilitates the recognition of the energy from it into the sub-targets.
- Furthermore, aviation fuel suppliers may account for any excess energy derived from SAF, measured in terms of GHG reductions, once they have fulfilled the targets set by the ReFuelEU in respect of their other applicable modal objectives.
- Surplus absolute GHG‑emission cuts achieved with renewable fuels or electricity in one transport mode may be credited toward the targets set for any other transport modes. Surplus credits may be carried over to the next year.
- Food/feed cap of 2.6% per TED 1342/2022 is to elapse on 1 January 2027. A food/feed and intermediate crops cap is yet to be determined by MITECO, this will not exceed 7% e.c. of the total final energy consumption in transport. A separate food/feed cap is also to be determined.
- Annex 9B cap set at 1.7% e.c. (as is).
- Furthermore, starting 2027, renewable electricity will be available to comply with road sector target. The text sets the basis for the crediting of renewable electricity in road transport utilising guarantees of origin (GoO), certified quantities (MWh) and charge points of public access.
- When not in direct connection to a renewable energy source, the renewable share is established as the average renewable share in the electricity mix of Spain in the preceding two years.
- Electricity credits will be available for compliance for a maximum of 24 months.
- Renewable electricity is credited with a CI of -89 gCO2e/MJ in line with RED3 (in which the comparator is 183 gCO2e/MJ).
- Electricity is excluded from the calculation of the compliance target in the rail sector.
- The consultation is opened through 8 September. We will follow-up as the process continues.
