Nolivea Informa: The measures of Royal Decree 11/2022 that affect the transport of goods

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This past Saturday the President of the Government, Pedro Sánchez, announced the measures that were approved in the extraordinary Council of Ministers in order to deal with the crisis that the country is experiencing as a result of Russia’s invasion of Ukraine.

As a consequence, Royal Decree-Law 11/2022 has been published this Sunday in the Official State Gazette (BOE), which includes part of the measures that the National Road Transport Committee (CNTC) sent to the Government and that affect the road freight transport companies and freelancers, which are the following:

• Extension of the bonus of 20 cents per liter of fuel and AdBlue until December 31, 2022. It should be remembered that this measure was the result of the agreements reached between the CNTC and the MITMA last March and was present in Royal Decree-Law 6/2022.

• Creation of an eighth additional provision in Law 15/2009, of November 11, on the contract for land transport of goods in relation to the price of transport, which reflects that in all invoices referring to road transport carried out between 1 July and December 31, 2022, the cost of the fuel necessary to carry out the transport must be reflected in a broken down manner. It should be noted that this obligation will only be applicable in transport contracts whose purpose is a single shipment, that is, when it is not a regular service.

• A change is made in the percentages that are applied to the transport price revision formula due to the variation in the price of fuel. Article 13 of this Royal Decree-Law 11/2022 indicates that the formulas to be applied until December 31, 2022, which is increased to:

– 40% in the case of vehicles with an MMA equal to or greater than 20,000 kg.

– 30% in the case of vehicles with an MMA greater than 3,500 kg and less than 20,000 kg.

– 30% in the case of construction vehicles with an MMA greater than 3,500 kg.

– 20% in the case of vehicles with an MMA equal to or less than 3,500 kg.

The prohibition on the dismissal of workers is extended until December 31, 2022, alleging as an objective cause the increase in energy costs for companies that benefit from direct aid under Royal Decree-Law 6/2022.

On the other hand, the CNTC has given MITMA a period of two weeks to launch a specific economic aid so that the sector can face the rise in fuel prices