Fuel Supply to Drug Boats (Art. 568.2 CP) in Spain

"Petaqueo" is the colloquial name in Spain for supplying fuel (petrol or diesel) to drug boats — fast vessels used to transport hashish and cocaine across the Strait of Gibraltar. Until 2026, this conduct was prosecuted as cooperation in drug trafficking (Art. 368 in relation to Art. 29 CP), with mixed procedural results. Organic Law 1/2026, of 8 April, introduced a new Art. 568.2 CP criminalising it as an autonomous offence. As criminal lawyers, we analyse the new offence and its defence keys.

Context: Drug Boats in the Strait

The Strait of Gibraltar is the main entry route for hashish into Europe. Drug boats make trips from Morocco to the Spanish coast carrying up to 3,000 kilos of hashish per trip. Their weak point is refuelling: they need large quantities of fuel and, unable to refuel at ordinary marine stations, rely on networks of suppliers who provide petrol in drums from land or other vessels. Police pressure increased after operations in 2023-2025, prompting the legislative reform.

The Offence Under Art. 568.2 CP

The new Art. 568.2 CP punishes, with prison of three to five years, the acquisition, possession, deposit, storage, transport or supply with manifest recklessness of liquid fuels, contravening the law or general regulations. The key to the reform is that it does not require proving that the fuel is intended for drug trafficking: the offence is built on the risk of the unlawful handling of the fuel itself.

• Conduct: acquiring, holding, depositing, storing, transporting or supplying liquid fuels.
• Unlawful handling: the conduct must contravene the rules on the storage and transport of fuels (non-approved containers, lack of authorisation, quantities outside permitted limits).
• Manifest recklessness: the offence requires an objectively dangerous handling of the fuel; ordinary, authorised refuelling is not punished.
• No proven drug link: unlike cooperation in Art. 368 CP, Art. 568.2 CP does not require proving the destination to drug trafficking.
• Penalty: prison of 3 to 5 years, plus confiscation of the product and the means used (Art. 127 CP).

Concurrence With Art. 368 CP

• Concurrence of laws (Art. 8 CP): if the supplier is integrated into the trafficking organisation and knows the specific operation, they answer as a necessary cooperator in Art. 368 CP and Art. 568.2 CP is absorbed.
• Real concurrence (Art. 73 CP): if the supplier supplies multiple vessels without organisational integration but with generic knowledge of the destination.
• Exclusive application of Art. 568.2 CP: when the supplier only knows the destination generically. This is the most frequent scenario and the one the legislator sought to capture.

Defence Strategies

• Error of fact (Art. 14 CP): proving the accused did not know their handling of the fuel contravened the rules.
• Proven lawful purpose: proving through invoices and witnesses that the fuel was intended for a real, authorised fishing, sport or tourism activity.
• Absence of manifest recklessness: proving the handling was not objectively dangerous or contrary to the rules.
• Atypicality through social adequacy: habitual supply to known local customers, at an authorised station and with invoicing, falls outside the offence.
• Nullity of evidence: challenging wiretaps, geolocations and searches without a reasoned court order.
• Strategic guilty plea: a well-negotiated plea can place the penalty at the lower end of the range and allow suspension under Art. 80 CP.