Royal Decree 309/2022, of 3 May, which establishes the compensation mechanism for indirect costs for industrial sectors and subsectors considered to be exposed to a significant risk of carbon leakage during the 2021–2030 period, regulates a mechanism to compensate costs related to greenhouse gas emissions passed through in electricity prices, referred to as indirect CO₂ emission costs, for industries in certain sectors or subsectors deemed to be exposed to a real risk of carbon leakage.

This mechanism covers the period from 2021 to 2030, in terms of indirect costs borne by beneficiaries during 2022–2031, through the establishment of grant calls to compensate actual costs from the previous year.

Recently, the EU guidelines that designed this compensation mechanism and within whose framework Royal Decree 309/2022 of 3 May was adopted have been amended, in accordance with paragraph 67 thereof, in order to adapt the aid scheme to changes in the parameters that define it, as well as to expand the list of industrial sectors and subsectors considered to be exposed to a significant risk of carbon leakage due to indirect emission costs. The ultimate objective of this review is to update the compensation mechanism to reflect new European environmental and industrial realities.

Furthermore, the legislation governing the European Union Emissions Trading System has also undergone amendments and updates that affect this compensation mechanism and must be taken into account in the ongoing review process.

The amendment of the EU guidelines provides that Member States must, where necessary, update existing aid schemes to align them with the amended version of the guidelines no later than 30 June 2026.

The technical parameters being amended, the list of sectors eligible to benefit from this compensation mechanism, and the supplementary updates and clarifications regarding certain aspects considered necessary are included in the annexes to Royal Decree 309/2022 of 3 May.

Accordingly, it is necessary to adopt a ministerial order amending the annexes to Royal Decree 309/2022 of 3 May, as a result of changes introduced in European Union legislation and in accordance with the provisions of the fourth final provision of the aforementioned royal decree.

The ministerial order consists of a preamble, a single article containing the wording of the new Annexes I, II and III to Royal Decree 309/2022 of 3 May, and a single final provision.

1. To incorporate the new sectors and subsectors considered eligible under the compensation mechanism for indirect CO₂ emission costs, as well as to provide for the possibility of including additional subsectors in the list if they meet the eligibility criteria set out in the amended EU guidelines.
2. To update the technical parameters affecting the calculation of the grant, which may enter into force for costs incurred in 2025.
3. To adapt the mechanism to the functioning of the Emissions Trading System, as well as to the regulatory changes affecting it that have an impact on installations covered by the aid scheme.

Only responses in which the sender is identified will be considered.

As a general rule, contributions received will be regarded as suitable for public disclosure. Any parts of the information submitted that, in the opinion of the interested party, should be treated as confidential and therefore not subject to free disclosure must be specifically identified within the text of the contribution itself. Generic confidentiality notices will not be considered valid for this purpose.

Texto Proyecto Modificación de Orden Ministerial [PDF] [281.78 KB]

Orden MAIN del Proyecto de Orden [PDF] [610.37 KB]