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Article 94 of Law 34/1998, of October 7, on the hydrocarbons sector, establishes that prior Agreement of the Delegate Commission of the Government for Economic Affairs, the Minister of Industry, Energy and Tourism, a reference that must be addressed to the head of the Ministry for the Ecological Transition and the Demographic Challenge, may dictate the necessary provisions for the establishment of the sales rates for liquefied petroleum gases by pipeline for final consumers, as well as the prices for the transfer of natural gas and Liquefied petroleum gases for piped fuel gas distributors, propose the specific values of said rates and prices or a system for determining and automatically updating them.
On the other hand, article 12.1 of Law 24/2005, of November 18, on Reforms to Boost Productivity, establishes that by means of a ministerial order, prior Agreement of the Government Delegate Commission for Economic Affairs, the provisions necessary for the establishment of the sales rates for natural gas, manufactured gases and liquefied petroleum gases by pipeline for final consumers, as well as the prices for the transfer of natural gas and liquefied petroleum gases for distributors of fuel gases by pipeline , presenting the specific values of said rates and prices or a system for determining and automatically updating them. The sale rates to users will be the same for the entire national territory, without prejudice to their specialties.
Previously, the Order of July 16, 1998 of the Ministry of Industry and Energy, by which they will update the marketing costs of the system for automatic determination of maximum sales prices, before taxes, of liquefied petroleum gases, and liberalize certain supplies, had established the system of automatic determination of the maximum prices required for supplies of liquefied petroleum gases, and in particular for supply by pipeline.
Mainly, this order determines that the maximum sales prices to the public, before taxes, will be determined as the sum of different terms: on the one hand, the international price of liquefied petroleum gases and freight, which will be reviewed monthly and on the other, the marketing costs that will be reviewed annually, in the month of July of each year, using the formulas respectively contemplated in the first sections. 1 and 2 of Order ITC/3292/2008, of November 14, by which the system for automatic determination of sales rates, before taxes, of liquefied petroleum gases by pipeline.
The eighth section of the aforementioned Order of July 16, 1998, establishes that the General Directorate of Energy Policy and Mines will carry out the calculations for the application of the established system and will dictate the corresponding resolutions to determine the maximum prices that will be published in the Bulletin Official of the State and will enter into force on the third Tuesday of each month.
Through this resolution, therefore, the prices to be applied to supplies of liquefied petroleum gases by pipeline to end users and to GREL supplies to LPG distribution companies by pipeline are determined.
For its calculation, the marketing costs have been taken into account, therefore, already set by resolution of July 12, 2021, of the General Directorate of Energy Policy and Mines, by which the new sales prices are published, before taxes, of liquefied petroleum gases by pipeline.
Taking into account the above, this Directorate General for Energy Policy and Mines resolves:
First. From zero hours on February 15, 2022, the sales prices before taxes, applicable to the supply of liquefied petroleum gases according to supply mode, will be as follows:
- 1. Liquefied petroleum gases by pipeline to end users:
- – Fixed transit: €1,57/month.
- – Variable term: 101,3826 c€/kg.
- 2. Bulk liquefied petroleum gases (LPG) to LPG distribution companies by pipeline: 86,7592 c€/kg.
Second. The prices established in the previous sections do not include the following current taxes:
- a) Peninsula and Balearic Islands: Tax on Hydrocarbons and Value Added Tax.
- b) Canary Archipelago: Special Tax of the Autonomous Community of the Canary Islands on petroleum-derived fuels and General Indirect Canary Tax.
- c) Cities of Ceuta and Melilla: Tax on production, services, imports and the complementary tax on fuels and petroleum fuels.
Third. In calculating the prices established in the first section, the following quotes or intermediate results have been taken into account:
International cost ($/Tm): propane: 700,10; butane: 796,60.
Freight ($/Tm): 19,80.
Monthly average dollar/euro exchange rate: 1,131448.
Quarter. The prices for the supplies of liquefied petroleum gases sealed in this resolution will apply to those pending execution on February 15, 2022, although the corresponding orders will have an earlier date. For these purposes, supplies pending execution are understood to be those that have not yet been made or are in the process of being carried out at midnight on February 15, 2022.
Fifth. The invoices of the consumption corresponding to the supplies of liquefied petroleum gases by pipeline measured by meter, relative to the period that includes the date of February 15, 2022, or in its case from which other previous resolutions will take effect or enter into force or later relative to the same billing period, will be calculated proportionally distributing the total consumption corresponding to the billed period to the days before and after each of said dates, applying to the remaining consumption of the distribution the prices that correspond to the different applicable legal resolutions. .
Sixth. Pipeline liquefied petroleum gas distribution companies shall adopt the necessary measures to determine the periodic consumption made by each of their customers, for the purpose of proceeding to the correct application of the piped liquefied petroleum gas prices to which this resolution refers to.
seventh. This resolution will be published in the Official State Gazette and will take effect from February 15, 2022.
Against this resolution, which does not put an end to the administrative process, an appeal may be lodged with the Secretary of State for Energy within one month of the day following its publication, in accordance with the provisions of articles 121 et seq. of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations.
