Peru: Fuels
Regulatory Background
Supreme Decree Nº 045-2001-EM establishes the Regulations for the Commercialization of Liquid Fuels and Other Hydrocarbon Derivatives. Article 51 of this regulation requires that the classification, characteristics, specifications, and quality standards of all fuels distributed nationwide must comply with the latest version of the corresponding Peruvian Technical Standard (NTP). These NTP standards only become legally binding once a specific law or regulation formally adopts or references them. As a result, some NTP standards are voluntary while others are obligatory.
While NTP standards establish Peru's baseline technical specifications for fuels, they do not automatically carry enforcement authority on their own. In practice, bulk fuel purchases and compliance enforcement rely directly on government regulations, which formally adopt, update, and enforce the technical parameters defined in the NTPs.
The Ministry of Energy and Mines regulates fuel quality standards in Peru for transport and non-transport fuels. In 2005, MINEM was given the authority to regulate fuel quality through Supreme Decree No. 042-2005-EM. Under this authority, statutes, executive decrees, and ministerial resolutions have been issued to regulate fuel properties such as sulfur and as well as detailed technical quality specifications.
The passage of Law No. 28,694 in March 2006 established limits of 50 mg/kg sulfur content for diesel fuels by 2016 and 50 mg/kg in gasoline by 2017. The full implementation of this law was subject to delays in enforcement due to limitations in refining capacity. As a result, sulfur levels remained as high as 1,500 mg/kg in some parts of the country.
Despite these delays, Ministerial decree No. 139-2012-MEM-DM made the sale of diesel fuels with a sulfur level above 50 mg/kg illegal in Lima, Arequipa, Cusco, Puno y Madre de Dios (Callao) 120 days after its signing into law in March 2012. In the following years, the 50 mg/kg sulfur limit for diesel fuel was implemented in other regions, but not nationally. Supreme Decree 025-2017-EM established a national 50 mg/kg sulfur limit for high octane gasoline and gasohol fuels (95, 97, and 98) starting January 1, 2018.
The passage of Supreme Decree 014-2021-EM on May 20th, 2021, put in place a timeline for the complete nationwide adoption of 50 mg/kg followed by 10 mg/kg sulfur diesel and all gasoline fuels. The Decree requires diesel fuels to meet the 50 mg/kg limit on July 1st, 2021, and all gasoline and gasohol fuels on July 1, 2022. The Departments of Loreto and Ucayali are excluded from this requirement due to their remoteness and the logistical difficulties of supplying them with the necessary fuels. Sulfur limits were to decrease to 10 mg/kg no later than the 1st quarter of 2024. The Decree also standardizes the marketing of fuels, creating four categories: regular gasoline and gasohol having a RON of 91, and premium gasoline and gasohol having a RON of 97 [6850].
A national sulfur limit of 10 mg/kg for diesel (B5), gasoline and gasoline/alcohol blends was delayed several times. In 2024, it was delayed to October 1, 2025 [6349]. In 2025, it was delayed to January 1, 2027 for gasoline and gasohol and January 1, 2028 for B5 [6847]. Refinery upgrade delays are cited as a reason.
Diesel Fuel
The MINEM diesel fuel specification was issued in 2005 Supreme Decree No. 041-2005-EM [6851]. This was amended in 2009 by Supreme Decree No. 92-2009-EM to reduce sulfur, accommodate a biodiesel blending mandate and add a lubricity requirement [6852].
The Peruvian Technical Standard for diesel fuel is NTP 321.003. NTP 321.003:2017 covers Diesel B5 S-50 containing 5% biodiesel and having a maximum sulfur limit of 50 mg/kg [6853].
The corresponding NTP specification for biodiesel is NTP 321.125. NTP 321.125:2019 covers B100 for use as a blending component in diesel fuel [6854].
Gasoline
The MINEM gasoline and gasohol specification was issued as Ministerial Resolution No. 469-2021-MINEM/DM [6855]. The corresponding NTP specification for gasoline and gasohol is NTP 321.102 and NTP 321.126 for fuel grade ethanol [6856][6857].
Renewable Fuels
Supreme Decree 013-2005 EM established the required biofuel content in fuels distributed and sold in Peru [6858]. While the regulation established nationwide mandates for ethanol in gasoline and biodiesel in diesel by January 1, 2010, subsequent amendments delayed the schedule and exempted some regions of the country from mandates. Apart from Amazonian regions in the east of the country, gasoline has contained a minimum of 7.8% ethanol since 2013 and diesel 5% biodiesel since 2012. Occasionally, emergency legislation has also temporarily exempted other parts of the country from blending mandates. This minimum blend mandate applies to all diesel end-use markets, including on-road, off-road, and uses for heat and power.