REVIEW OF THE PRICE OF TRANSPORTATION DUE TO THE VARIATION IN THE PRICE OF FUEL, according to the modification introduced by Royal Decree-Law 3/2022, of March 1, on measures to improve the sustainability of road freight transport and the operation of the chain logistics and Royal Decree-Law 11/2022, of June 25, by which certain measures are adopted and extended to, among others, respond to the economic and social consequences of the war in Ukraine.
- When the price of the fuel has varied between the day of conclusion of the contract and the moment of carrying out the transport, the carrier, as well as the person obliged to pay, will increase or reduce, where appropriate, the initially agreed price in the amount that results from applying the criteria or formulas that, at all times, the Administration has established in the corresponding general contracting conditions for the transport of goods by road.
- For the application of the provision, the price of fuel must experience a variation equal to or greater than 5%; unless, expressly and in writing, a lower threshold had been agreed prior to or simultaneously with the execution of the contract.
- The variation with respect to the initially agreed price will be reflected in the invoice in an itemized manner, unless another way of reflecting this adjustment had been expressly included in the contract.
- These criteria or formulas must be based on the repercussion that the fuel item has on the cost structure of the goods transport vehicles.
-
The increase or reduction will always be calculated according to the formula established in the general transport contracting conditions for each type of vehicle:
- Vehicles with MMA equal to or greater than 20,000 kg (except construction vehicles): the increase is equal to the rate of change in the average price of diesel (G) between the time the transport was contracted and the time it was actually carried out, multiplied by the transport price (P) established when contracting multiplied by 0.4 divided by 100.
-
For the rest, the same formula is applied, varying the multiplication rate according to the type of vehicle:
- Between 3.5 and 20 tons. PMA except works 0.3
- Construction vehicles > 3.5 Tn. LDC 0.3
- Vehicles <= 3.5 Tn. LDC 0.2
- The agreement contrary to the provisions of the rule will be considered null
- In the case of continuous transport contracts, the review will be done automatically on a quarterly basis, or less frequently if so agreed between the parties.
- The continuous transport contracts that are in force at the entry into force of the Royal Decree-Law, that include some criterion for reviewing the price of transport due to the variation in the price of fuel that are different from those that the Administration has in the general conditions of contracting the transport of goods by road or have a review frequency of more than 3 months, must comply with the provisions of article 38 within a maximum period of 6 months.
- For continuous transport contracts that do not have this type of formula and that are in force at the entry into force of the RDL, it will be mandatory to review the price of transport due to the variation in price of fuel in transport subsequent to the entry into force of the text. In addition, in the update of the transport price that is carried out, the variable G (% variation in the price of fuel), will be computed from the twelve months prior to the entry into force of this royal decree-law when the start of the contract was prior to that date.
Source average fuel price: European Commission Oil Bulletin