{"id":38336,"date":"2026-04-13T12:31:21","date_gmt":"2026-04-13T12:31:21","guid":{"rendered":"https:\/\/www.araozyrueda.com\/?p=38336"},"modified":"2026-04-13T12:37:01","modified_gmt":"2026-04-13T12:37:01","slug":"rdl-7-2026-energy-law-spain-energy-transition-grid-access-renewables","status":"publish","type":"post","link":"https:\/\/www.araozyrueda.com\/en\/rdl-7-2026-energy-law-spain-energy-transition-grid-access-renewables\/","title":{"rendered":"Royal Decree-Law 7\/2026 approving the Comprehensive Response Plan to the Crisis in the Middle East"},"content":{"rendered":"<p>Royal Decree-Law 7\/2026 (\u201c<strong>RDL 7\/2026<\/strong>\u201d) was enacted in response to the negative effects on the global economy caused by the war in Iran. Its purpose centres on measures of a short-term nature -intended as an immediate response to the war in Iran- as well as structural and strategic measures focused on the long term. This package of measures includes those aimed at strengthening our energy independence by promoting renewable energy and reducing the electricity system\u2019s reliance on fossil fuels.<\/p>\n<p><strong>1.- URGENT SOCIAL AND ECONOMIC PROTECTION MEASURES FOR VULNERABLE GROUPS AND INDUSTRY<\/strong><\/p>\n<p><strong><u>Discount on transmission and distribution tolls for the energy-intensive industry<\/u><\/strong><\/p>\n<p>As a measure to support energy-intensive industries, <strong>a reduction of 80% of the cost corresponding to access charges<\/strong> for transmission and distribution networks will be applied to electricity bills, effective <strong>from<\/strong> <strong>1<\/strong> <strong>January through 31 December 2026<\/strong>. The reduction will be applied by the <strong>distribution company<\/strong> or the <strong>retailer<\/strong> (when the consumer contracts directly with the retailer) in each billing cycle, both to the contracted power charges and the active energy charges, on the amounts to be billed before taxes.<\/p>\n<p>This discount will apply both <strong>(i)<\/strong> to consumers who, as of 22 March 2026, hold the energy-intensive consumer certificate, and <strong>(ii)<\/strong> to consumers who obtain the certificate after that date, in which case the discount will take effect from the date of issuance of the certificate.<\/p>\n<p><strong><u>Special allocation of annual underground storage capacity at zero fee<\/u><\/strong><\/p>\n<p>Regulation (EU) 2022\/1032 of the European Parliament and of the Council requires Member States to achieve a filling level of 80% in underground storage facilities by 1 November 2022, and 90% starting in 2023. In this context of high prices, compliance with the filling obligation will entail an additional cost for the obligated users -retailers and direct consumers- therefore, for the period <strong>between 1 April 2026, and 31 March 2027<\/strong>, a <strong>zero underground storage fee<\/strong> is established for contracted annual capacity exceeding the volume corresponding to 20 days of consumption or firm sales.<\/p>\n<p>This measure will apply both to storage capacity allocated directly and to that subsequently awarded in the annual product auction. Obligated parties that have zero-fee storage capacity and that, as of 22 March 2026, have signed lease agreements for underground storage stocks intended to fulfil the user\u2019s obligation to maintain minimum operational stocks must pass on the savings resulting from the zero fee to the lessor.<\/p>\n<p>All capacity to which the zero fee applies must be filled to 100% at some point during the period between 1 October and 1 December 2026; otherwise, the annual fee in effect will be applied to the unused volume on the day of the user\u2019s highest fill level during that period.<\/p>\n<p><strong>2.- MEASURES TO PROMOTE ELECTRIFICATION IN HOUSEHOLDS AND INDUSTRY<\/strong><\/p>\n<p><strong><u>Increased transparency regarding generation and demand access capabilities by the TSO and DSOs<\/u><\/strong><\/p>\n<p>The General Directorate of Energy Policy and Mines (\u201c<strong>DGPEM<\/strong>\u201d) is authorized to periodically request the following information from network operators: <strong>(a)<\/strong> access and connection capacities requested by generation and demand facilities on their networks at a voltage level exceeding 1 kV, <strong>(b)<\/strong> access and connection capacities granted to generation and demand facilities on their networks at a voltage level exceeding 1 kV, <strong>(c)<\/strong> expired access and connection permits, and, <strong>(d)<\/strong> details on the evolution of the access and connection capacities granted. The Ministry for Ecological Transition and Demographic Challenge (\u201c<strong>MITECO<\/strong>\u201d) shall publish this aggregated information on a semi-annual basis.<\/p>\n<p><strong><u>Updates for holders of access and demand connection permits<\/u><\/strong><\/p>\n<ul>\n<li><strong>Fee for reserving access capacity <\/strong>(<em>prestaci\u00f3n por reserva de capacidad<\/em>)<strong> to the electricity transmission and distribution networks<\/strong>. Effective 22 March 2026, all consumers <strong>holding demand access and connection permits<\/strong> whose connection point has a voltage of 1 kV or higher are required to <strong>pay a monthly fee to the operator<\/strong> of the corresponding network <strong>for reserving access capacity<\/strong> to the transmission and distribution networks. This obligation shall arise from the moment the access and connection permits are obtained and <strong>until the signing of the technical access contract <\/strong>(\u201c<strong>CTA<\/strong>\u201d). The specific amount of the fee will be calculated based on <strong>(i)<\/strong> the values of the power terms of the electricity transmission and distribution tolls set by the National Commission for Markets and Competition (\u201c<strong>CNMC<\/strong>\u201d) <a href=\"#_ftn1\" name=\"_ftnref1\">[1]<\/a> corresponding to the tariff segment to which they belong and to the P1 hourly period, <strong>(ii)<\/strong> multiplied by a factor <em>k<\/em>, and <strong>(iii)<\/strong> by the capacity granted in the demand access and connection permit.<\/li>\n<\/ul>\n<p style=\"margin-top: 1em;\">The <em>k<\/em> factor will be determined by a resolution issued by the Secretary of State, but in any case, <strong>it will be higher the higher the voltage level<\/strong> to which the consumer facility is connected <strong>and the longer the time that has elapsed since the permits were obtained<\/strong>, and may be set to 0 at the start of the benefit payment period.<\/p>\n<p>It is hereby established that, on a transitional basis, until the <em>k<\/em> factors are set, the following values shall apply: 0.4 for tariff segment 6.1 TD, 0.6 for tariff segment 6.2 TD, 1.0 for tariff segment 6.3 TD, and 1.5 for tariff segment 6.4 TD. Additionally, every six months following the issuance of the access and connection permits, the <em>k<\/em> factors defined in the table shall be increased by 0.2, 0.3, 0.5, and 0.75 for tariff segments 6.1TD, 6.2TD, 6.3TD, and 6.4TD, respectively.<\/p>\n<p>The payment shall be <strong>considered an advance payment of electricity transmission and distribution tolls<\/strong>, such that, once the activity associated with the consumption facility begins, the payment of transmission and distribution tolls shall be reduced by the amounts paid for access capacity reservation. In the case of capacity reductions made prior to signing the CTA, payments made to date for the capacity reservation service will not be refunded.<\/p>\n<p><strong>Failure to pay<\/strong> will result in the <strong>automatic expiration of the access and connection permits<\/strong> when, in a calendar year, the amount unpaid exceeds 10% of the total amount due, thereby forfeiting the right to any reduction or refund of the capacity reservation fee.<\/p>\n<p>However, <strong>those consumers who<\/strong>, as holders of access and demand connection permits, <strong>decide not to bear the cost associated with the provision of access capacity reserves may renounce such permits<\/strong> without triggering the enforcement of financial guarantees, provided they exercise their right to renounce within three months of the entry into force of RDL 7\/2026 (i.e., before 22 June 2026)<a href=\"#_ftn2\" name=\"_ftnref2\">[2]<\/a>. Within this same period, they may also make a single update to the access and connection permit for a capacity reduction of more than 50% without this causing the facility to cease being considered the same.<\/p>\n<p><strong>Applications associated with the following shall be exempt from payment of the fee: (i) the implementation of urban development plans, (ii) industrial parks<\/strong>, or <strong>(iii)<\/strong> similar access and connection applications in which <strong>the infrastructure is transferred to the network operator because multiple end-users of electricity are connected to the same infrastructure<\/strong>, in accordance with the provisions of Article 39.3 of Law 24\/2013 of 26 December on the Electricity Sector (\u201c<strong>LSE<\/strong>\u201d). A royal decree shall establish the regulatory framework applicable to these cases, the specific details of the procedure for granting access and connection permits, as well as the possible establishment of expiration dates for the permits, however, until such regulations are enacted, access and connection permits granted will expire five years after their issuance -or as of 22 March 2026, if they were granted earlier- if, by that date, the administrative operating authorization (\u201c<strong>AAE<\/strong>\u201d) has not been obtained or the permit has not been transferred to the relevant distributor. However, an extension of the five-year period may be requested from the CNMC when the interested party demonstrates the existence of circumstances -neither directly nor indirectly attributable to them -that justify such an extension.<\/p>\n<p><strong>This capacity reservation payment replaces the financial guarantees of \u20ac40\/kW and \u20ac20\/kW set forth in Article 23 bis of Royal Decree 1183\/2020<\/strong>, dated 29 December, on access to and connection to electricity transmission and distribution networks (\u201c<strong>RD 1183\/2020<\/strong>\u201d), which is expressly repealed by RDL 7\/2026.<\/p>\n<p>In this regard, RDL 7\/2026 allows for the request of a refund of the financial guarantees deposited, once the cumulative payment of the capacity reservation benefit exceeds \u20ac40\/kW, with such a refund being requestable as of 22 May 2026, for storage facilities.<\/p>\n<ul>\n<li><strong>Content of access and connection permits and new grounds for permits expiration<\/strong>. New applications for access and connection permits for a voltage level of 1 kV or higher must include the <strong>CNAE code<\/strong> for the planned activity associated with the consumption facility, which will be reflected in the permit granted. Once the access and connection permit has been issued, <strong>no changes to the CNAE code affecting the Division or Group<\/strong> will be permitted, requiring the same activity to be maintained for a period of <strong>three years<\/strong>; otherwise, the access and connection permit will <strong>automatically expire<\/strong>.<\/li>\n<\/ul>\n<p style=\"margin-top: 1em;\">Regarding <strong>access and connection permits<\/strong> for demand <strong>already granted<\/strong>, their holders may choose between two options:<\/p>\n<ol>\n<li>Update said permits by indicating the CNAE code, before 22 September 2026; or,<\/li>\n<li>Alternatively, renounce the access and connection permit before 22 July 2026. This waiver will not result in the enforcement of the guarantees provided.<\/li>\n<\/ol>\n<p style=\"margin-top: 1em;\"><strong>Failure to update the permits will result in their automatic expiration.<\/strong><\/p>\n<p>Applications associated with <strong>(i)<\/strong> the implementation of urban development plans, <strong>(ii)<\/strong> industrial parks, or <strong>(iii)<\/strong> similar access and connection applications in which the infrastructure is transferred to the network operator because multiple end-users of electricity are connected to the same infrastructure, in accordance with the provisions of Article 39.3 of the LSE.<\/p>\n<p>Both the period for maintaining the CNAE code and the voltage level that determines subjection to this obligation may be modified by order of the MITECO.<\/p>\n<p><strong><u>Expedited processing of applications for access and connection permits for \u201chigh-priority\u201d consumption facilities<\/u><\/strong><\/p>\n<p>In general, until now, the processing of applications for access and connection for electricity demand facilities has followed the \u201cfirst come, first served\u201d principle, meaning that applications were processed on a first-come, first-served basis (without prejudice to cases reserved for competitive bidding).<\/p>\n<p>However, RDL 7\/2026 provides for preferential processing of applications for \u201chigh-priority\u201d consumption facilities over all others, such that the former will receive preferential processing and be resolved prior to the latter (whose processing will be temporarily suspended) in accordance with the rules set forth in that provision.<\/p>\n<p>Applications connected to a voltage of 1 kV or higher that fall under the following categories<a href=\"#_ftn3\" name=\"_ftnref3\">[3]<\/a> shall be <strong>classified as \u201chigh-priority\u201d consumer facilities<\/strong>:<\/p>\n<ol>\n<li>Applications for <strong>real estate developments for residential use or essential services<\/strong> (hospitals, police, military, water treatment facilities, public transportation or its electrification, power supply to ships in ports, facilities regulated by national security).<\/li>\n<li>Applications for new industrial consumption declared as <strong>strategic projects<\/strong> in accordance with the provisions of Article 29 of RDL 7\/2026.<\/li>\n<li>Applications involving an <strong>upgrade of consumption for demand facilities that have a CTA<\/strong> and are making effective use of the grid. These facilities may update their permits to an access capacity of up to three times the value of the average contracted power over the last two years in the P6 hourly period, provided there is no change in the Division or Group of the CNAE code.<\/li>\n<\/ol>\n<p style=\"margin-top: 1em;\">Accordingly, effective 22 March 2026, the following <strong>specific provisions for processing applications for access and connection permits<\/strong> for \u201chigh-priority\u201d facilities shall apply:<\/p>\n<ol>\n<li>When an application for access and connection for a consumption facility deemed to be high priority is accepted for processing, the network operator must suspend any access and connection applications currently being processed at the same node (regardless of their processing status). Only those applications for which it can be determined in advance that they are compatible with the high-priority application may continue to be processed.<\/li>\n<li>While the high-priority application is being processed, no new access and connection applications shall be accepted.<\/li>\n<li>High-priority applications shall always be processed through the general procedure for obtaining access and connection permits regulated in Articles 10 et seq. of RD 1183\/2020, and the procedure for activating demand auctions shall not apply.<\/li>\n<li>When new transmission network plans are approved or modifications to specific aspects of such plans are approved, for a period of four months from the date on which capacities are updated, the access and connection applications received and accepted will be evaluated but not resolved. Once the four-month period has ended, the TSO shall rank the applications and prioritize those corresponding to high-priority consumption facilities that connect to the transmission network, proceeding to process them under the general procedure set forth in Article 10 et seq. of RD 1183\/2020.<\/li>\n<\/ol>\n<p style=\"margin-top: 1em;\">The TSO and DSOs shall submit to the DGPEM a <strong>list of the released capacity<\/strong> at each of their nodes by July 22, 2026, and, at those nodes where capacity exceeding 5 MW has been released, a temporary window may be established<a href=\"#_ftn4\" name=\"_ftnref4\">[4]<\/a> for the receipt and evaluation of applications for access and demand connection capacity in the <strong>distribution networks<\/strong> of said nodes.<\/p>\n<p><strong>At those<\/strong> <strong>nodes of the transmission network<\/strong> that are <strong>activated for the holding of demand auctions<\/strong> but for which the auction process has not yet begun, <strong>an access and connection permit may be granted directly<\/strong> to those high-priority applications received during the publicity period referred to in Article 20 quater of RD 1183\/2020 or at any time thereafter.<\/p>\n<p><strong>3.- URGENT MEASURES FOR THE RAPID AND SOCIALLY INCLUSIVE DEPLOYMENT OF RENEWABLE ENERGY<\/strong><\/p>\n<p><strong><u>Renewable Acceleration Zones (<em>ZAR<\/em>)<\/u><\/strong><\/p>\n<p>In order to achieve the energy objectives set forth in the Integrated National Energy and Climate Plan (\u201c<strong>PNIEC<\/strong>\u201d) and the national contributions in the area of renewable energy required of the State to fulfill its energy and climate commitments to the European Union, Royal Decree-Law 7\/2026 regulates the creation of Renewable Energy Acceleration Zones (\u201c<strong>ZAR<\/strong>\u201d), which will apply to both facilities under regional jurisdiction and those under state jurisdiction.<\/p>\n<p>A ZAR is a specific onshore location or zone designated as <strong>particularly suitable for the construction of facilities for generating electricity from renewable sources, including, where applicable, electrochemical storage facilities integrated with these<\/strong>.<\/p>\n<p>RDL 7\/2026 does not designate any ZARs, but rather provides that <strong>jurisdiction<\/strong> will fall to the <strong>autonomous communities<\/strong>, through the approval of a <strong>ZAR designation plan<\/strong> (following a report from the MITECO). Furthermore, it is indicated that the procedure, criteria, and deadlines for the designation of ZARs will be determined by regulation, with the aim of coordinating planning; to this end, a three-month period is established from the approval of RDL 7\/2026 -until 21 June 2026- for the Government to submit a <strong>proposal for regulatory implementation<\/strong> for public hearing and information.<\/p>\n<p>Once the regulatory implementation is approved, it will be up to the autonomous communities to approve their own designation plans following the following <strong>procedure<\/strong>:<\/p>\n<ul>\n<li>A <strong>public participation process<\/strong> must be initiated to solicit proposals for the designation of ZARs, during which local authorities may specifically propose areas or spaces that could be designated as ZARs.<\/li>\n<li>Plans for the designation of ZARs shall be subject to a <strong>strategic environmental assessment<\/strong>, the results of which shall be accompanied by the effective mitigation and monitoring measures that must be adopted.\n<ul>\n<li>Mitigation measures will be tailored to <strong>(i)<\/strong> the specific characteristics of each ZAR, <strong>(ii)<\/strong> the type of technology, and <strong>(iii)<\/strong> the identified environmental impact.<\/li>\n<li>To ensure that mitigation measures are applied in a uniform, appropriate, and proportionate manner, RDL 7\/2026 establishes the <strong>catalog of mitigation measures<\/strong> in ZARs, which will be developed by the Government through regulations and will constitute the <strong>minimum mandatory framework<\/strong> for the prevention and reduction of environmental impacts associated with the deployment of renewable energy and hybrid electrochemical storage projects within ZARs.<\/li>\n<\/ul>\n<\/li>\n<li>Once the ZARs have been designated, the resolutions and cartographic documents in georeferenced digital format will be submitted to the MITECO for publication.<\/li>\n<\/ul>\n<p style=\"margin-top: 1em;\"><strong>Projects developed in ZARs will not be subject to an ordinary or simplified environmental impact assessment procedure<\/strong> following the adoption of the preventive and mitigation measures established, subject to certain exceptions, and provided that the competent environmental authority has not determined, following a prior review process, that the specific project has a high probability of causing significant unforeseen adverse effects not identified during the strategic environmental assessment of the ZAR designation plan.<\/p>\n<p><strong><u>Strengthening public participation in large-scale power generation and storage facilities<\/u><\/strong><\/p>\n<p>Electric power generation facilities and storage facilities under the jurisdiction of the General State Administration (\u201c<strong>AGE<\/strong>\u201d) that require a standard environmental impact statement (\u201c<strong>DIA<\/strong>\u201d) shall be subject to <strong>a single joint public information procedure<\/strong> for both substantive and environmental purposes, with a <strong>45-day<\/strong> deadline.<\/p>\n<p>The application for prior administrative authorization (\u201c<strong>AAP<\/strong>\u201d) must be accompanied by a <strong>sworn statement from the developer certifying that they have informed the owners of the affected land and the relevant local authorities about the project<\/strong>, and the Administration may require documentary evidence to support this.<\/p>\n<p><strong><u>Standard of Social and Territorial Excellence<\/u><\/strong><\/p>\n<p>By ministerial order, the MITECO will establish a <strong>standard of social and territorial excellence for energy projects<\/strong> and the criteria for obtaining it, which will be available to all projects involving <strong>(i)<\/strong> electric power generation facilities using renewable sources, <strong>(ii)<\/strong> storage facilities, and <strong>(iii)<\/strong> electric power transmission and distribution facilities, regardless of the competent authority responsible for their environmental and administrative processing.<\/p>\n<p>Obtaining this recognition is <strong>voluntary<\/strong> for developers, but it may constitute a credible merit in procedures for granting access and connection to the grid, in tenders for the allocation of regulated economic regimes, and for the purposes of being declared as preferred energy projects.<\/p>\n<p><strong><u>Processing of priority energy projects<\/u><\/strong><\/p>\n<p>RDL 7\/2026 declares the following procedures to be urgent for reasons of public interest, for the purposes of Article 33 of Law 39\/2015 of October 1 on the Common Administrative Procedure of Public Administrations (\u201c<strong>LPAC<\/strong>\u201d): <strong>(i)<\/strong> authorization, <strong>(ii)<\/strong> EIS, <strong>(iii)<\/strong> administrative decisions, and <strong>(iv)<\/strong> resolution of administrative appeals for the following projects, which shall be referred to as \u201c<strong>Preferred Energy Projects<\/strong>\u201d:<\/p>\n<ul>\n<li>Projects certified with the standard of social and territorial excellence.<\/li>\n<li>Projects located entirely in areas of low environmental sensitivity. These areas shall be defined by order of the head of the MITECO.<\/li>\n<li>Those that have been declared \u201cpreferential energy projects\u201d in the development plan for the electricity transmission network or in specific amendments thereto.<\/li>\n<li>Energy facilities of projects that have been declared strategic investment projects by resolution of the Government\u2019s Delegate Commission for Economic Affairs, upon the proposal of the Strategic Investments Committee, as well as the electricity transmission network infrastructure necessary to supply them.<\/li>\n<li>Projects that have been declared \u201cstrategic energy facilities\u201d by Council of Ministers Agreement.<\/li>\n<li>Repowering of facilities.<\/li>\n<li>Facility projects that use renewable electricity generation technologies or storage facilities where the installed capacity is furthest from the targets established in the PNIEC may also be declared as Priority Energy Projects by ministerial order of the MITECO.<\/li>\n<\/ul>\n<p style=\"margin-top: 1em;\">The declaration of urgency for reasons of public interest for the purposes of Article 33 of the LPAC implies that <strong>the deadlines provided for in the ordinary procedure will be reduced by half<\/strong>, except for those relating to the submission of applications and appeals.<\/p>\n<p>However, <strong>this streamlining of deadlines will be very limited in practice<\/strong>, as RDL 7\/2026 provides that the preferential processing shall not reduce the deadlines established in energy regulations, administrative procedure regulations, environmental assessment regulations, or other applicable regulations, except in those cases expressly provided for by the applicable regulations.<\/p>\n<p><strong><u>Streamlining the authorization process for repowering<\/u><\/strong><\/p>\n<p>With regard to repowering, the following measures are established until climate neutrality is achieved:<\/p>\n<ul>\n<li>When the repowering of a renewable electricity generation or electrochemical storage facility is subject to a standard or simplified environmental impact assessment or any other simplified process that replaces them, <strong>such environmental impact assessment shall be limited to the potential impact resulting from a modification or expansion relative to the original project<\/strong>.<\/li>\n<li>With the exception of deadlines related to public information, <strong>the deadlines established in the substantive regulations governing administrative authorizations<\/strong> and the deadlines for procedures under Law 21\/2013 of 9 December on environmental assessment (\u201c<strong>Law 21\/2013<\/strong>\u201d) are reduced by half.<\/li>\n<li>The reuse of studies, measurements, and maps already contained in previous files shall be permitted, provided they remain technically and legally valid, supplementing them when necessary.<\/li>\n<\/ul>\n<p style=\"margin-top: 1em;\">The measures apply to <strong>(i)<\/strong> the repowering of electrochemical production and storage facilities by an amount not exceeding an additional 25% of the originally installed capacity; <strong>(ii)<\/strong> the repowering of hybrid electrochemical production and storage facilities; and <strong>(iii)<\/strong> the repowering of transmission and distribution networks, provided that the capacity increase does not exceed 25% or that the modification does not involve an increase in height or affect the existing route.<\/p>\n<p>RDL 7\/2026 empowers the Government to develop regulations for the implementation of these measures, including requirements for the reuse of documentation in repowering, the reports deemed mandatory and decisive, and the modification of limits on installed capacity and energy transmission capacity.<\/p>\n<p><strong><u>Special provisions for environmental assessment procedures for power generation and storage projects and for transmission and distribution facilities<\/u><\/strong><\/p>\n<p>The environmental assessment procedures for electricity generation, storage, and transmission and distribution facilities are subject to the following specific provisions:<\/p>\n<ul>\n<li>Prior to the preparation of the DIA, <strong>the developer shall be granted a ten-business-day public comment period<\/strong> beginning on the day following notification, so that the developer <strong>may submit any comments deemed appropriate<\/strong>.<\/li>\n<\/ul>\n<ul>\n<li>Provided they do not result from compliance with a DIA itself, modifications to a project\u2019s characteristics that may have significant adverse effects on the environment shall be subject to a standard or simplified environmental impact assessment. Such a modification shall be deemed to have \u201csignificant adverse effects on the environment\u201d <strong>(a)<\/strong> when the set of proposed actions, taken as a whole, exceeds the thresholds established in Annexes I and II of Law 21\/2013 (existing regime), or <strong>(b)<\/strong> when such action does not exceed the thresholds of Annex II, but is located in the sensitive areas listed in criteria 1 and 2 of Annex III of Law 21\/2013 (a new provision introduced by RDL 7\/2026).<\/li>\n<\/ul>\n<p style=\"margin-top: 1em;\"><strong><u>Submission of agreements on shared transmission infrastructure<\/u><\/strong><\/p>\n<p><strong>By 22 March 2027<\/strong>, the owners of electricity generation facilities, storage facilities, and hybrid facilities combining both, who <strong>(i)<\/strong> feed into the grid at the same transmission or distribution point using shared evacuation infrastructure and who <strong>(ii)<\/strong> already have AAPs for such facilities, <strong>must submit<\/strong> to the authorities that issued their administrative authorizations <strong>the agreement signed by all owners setting forth the allocation of responsibilities<\/strong>.<\/p>\n<p>Failure to comply within the specified timeframe will result in the allocation of responsibilities among the owners discharging through the shared infrastructure being made in proportion to the access capacity specified in their access and connection permits.<\/p>\n<p><strong><u>New exceptional extension of the fifth administrative milestone established in Article 1 of Royal Decree-Law 23\/2020, of 23 June 23<\/u><\/strong><\/p>\n<p>On an exceptional basis, owners of <strong>generation facilities<\/strong> who obtained access and connection permits after 27 December 2013, and before 22 March 2026, once they have obtained the administrative construction authorization (\u201c<strong>AAC<\/strong>\u201d), <strong>may request an extension of the deadline to comply with the fifth administrative milestone of Article 1 of Royal Decree-Law 23\/2020<\/strong>, of 23 June, approving measures in the field of energy and other areas for economic recovery (\u201c<strong>RD 23\/2020<\/strong>\u201d). In no case may the total period for obtaining the final AAE exceed 31 December 2030.<\/p>\n<p><strong>The request must be submitted before 22 June 2026<\/strong>, or upon obtaining the AAC, if later, expressly indicating the half-year of the calendar year in which the facility will obtain the final AAE. The selection of the half-year shall be binding for all purposes, such that, once the extension is granted, it will not be possible to grant the provisional or final AAE, nor to make the preliminary or final registration in the administrative registry of electricity generation facilities prior to the start of the half-year indicated in the extension resolution itself.<\/p>\n<p>The exceptional extension may also be requested by owners of <strong>generation and storage facilities who have previously obtained a milestone extension<\/strong> under Article 28 of RDL 8\/2023, and during the period of validity of Article 32 of Royal Decree-Law 7\/2025, of 24 June approving urgent measures to strengthen the electricity system (\u201c<strong>RDL 7\/2025<\/strong>\u201d), <strong>they may request an advance or postponement of the semester originally selected within the permitted limits<\/strong>.<\/p>\n<p><strong>\u00a04.- <\/strong><strong>ADDITIONAL MEASURES<\/strong><\/p>\n<p>In addition, RDL 7\/2026 provides for the following measures in response to the crisis in the Middle East:<\/p>\n<ul>\n<li>A reduction in the <strong>special tax rate on electricity to 0.5%<\/strong>, effective from 22 March 2026, through 30 June 2026. However, this rate reduction will cease to apply in June if, in April, the change in the CPI for electricity does not exceed the CPI for the same month of the previous year by more than 15%, according to information published in May by the National Institute of Statistics.<\/li>\n<li>It is established that a royal decree shall approve the <strong>requirements for energy sustainability, environmental sustainability, resilience, and digital sovereignty<\/strong> that will apply to <strong>data processing centres<\/strong>.<\/li>\n<li>These requirements may include criteria regarding additionality and temporal correlation in relation to electricity consumption from renewable energy sources, energy efficiency, sustainable water use, and economic and social benefits, as well as criteria that demonstrate their contribution to the digital resilience and sovereignty of the economy.<\/li>\n<li>Failure to comply with these requirements may result in the loss of access and connection permits, as well as penalties, under the terms determined by regulation.<\/li>\n<li><strong>10% of the available capacity at each of the nodes subject to the capacity auction is released for new electricity generation facilities<\/strong> that use renewable primary energy sources, <strong>are associated with a self-consumption arrangement<\/strong>, and have a ratio between the contracted power in period P1 and the installed generation capacity of at least 0.5.<\/li>\n<\/ul>\n<p style=\"margin-top: 1em;\">The foregoing shall cease to apply as of 22 March 2028, and any capacity not allocated under these conditions shall once again be reserved for access auctions (if such auctions have not been held at that node) for the allocation of access based on the general criterion of temporal priority (in the event that an access auction has been held at that node).<\/p>\n<ul>\n<li>For access and connection permits for <strong>demand-side facilities<\/strong> issued prior to 22 March 2026, and for which a CTA has not yet been formalized, the following <strong>automatic expiration<\/strong> deadlines shall apply:<\/li>\n<\/ul>\n<ul>\n<li style=\"list-style-type: none;\">\n<ul>\n<li>Within twelve months from 7 November 2025, or from the date the access permit was granted, whichever is later, if the developer has not provided payment of 10% of the investment value of the grid works.<\/li>\n<li>Within 3 years from 22 March 2026, if the developer has not signed the CEP with the network operator.<\/li>\n<li>Within 4 years from 22 March 2026, or from the granting of the access permit<a href=\"#_ftn5\" name=\"_ftnref5\">[5]<\/a>, if the developer has not signed the CTA.<\/li>\n<li>When changes occur in the demand facility such that it is no longer considered the same for the purposes of access and connection.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<ul>\n<li>From the moment the various types of flexible distribution access permits established by the CNMC take effect, storage facilities holding demand access and connection permits will have three months to adapt to this regime. Otherwise, they will not be eligible for the exemption from payment of charges, and the payment of the capacity reservation fee will apply.<\/li>\n<li>Municipalities are granted, as part of their own jurisdiction, the authority to promote and participate in citizen energy communities and renewable energy communities that contribute to achieving environmental, economic, or social benefits in the municipalities where they operate, as well as to promote energy transition initiatives such as energy efficiency, electrification, and the promotion of self-consumption.<\/li>\n<li>Amendment to the LSE:<\/li>\n<\/ul>\n<ul>\n<li style=\"list-style-type: none;\">\n<ul>\n<li><strong>The role of self-consumption managers is established<\/strong>; these are natural or legal persons who represent the interests of consumers participating in self-consumption, acting on their behalf with their authorization to carry out the necessary procedures to ensure the system operates smoothly.<\/li>\n<li>It is established, as was already the case for production facilities, that <strong>transmission infrastructure shall form part of storage facilities<\/strong>.<\/li>\n<li><strong>Owners of production, storage, and hybrid facilities that use shared transmission infrastructure<\/strong> to feed into the same point of a transmission or distribution substation <strong>shall be jointly liable<\/strong> to the electricity system for any event, request, act, or omission of their duties that occurs or is caused by such shared infrastructure. To this end, all operators must submit, prior to obtaining the AAP, a signed agreement among the various developers; otherwise, each developer\u2019s liability shall be presumed to be proportional to the access capacity of their permits.<\/li>\n<li><strong>Owners of generation facilities<\/strong> whose connection point to transmission or distribution networks is at a <strong>voltage of 132 kV or higher must transfer<\/strong>, directly or indirectly, <strong>a portion of the project\u2019s profits to citizens and local communities<\/strong> in the vicinity of such projects. The conditions and criteria for assessing compliance with this obligation will be established by order of the MITECO. RDL 7\/2026 does not specify a percentage or amount, nor does it establish a specific deadline for the issuance of the ministerial order.<\/li>\n<li><strong>Hydraulic pumping storage facilities<\/strong> a<strong>re hereby declared to be in the public interest<\/strong>, for the purposes of the compulsory expropriation of the property and rights necessary for their establishment and the imposition and exercise of the right of way.<\/li>\n<li><strong>Obligation to negotiate with private parties affected by a declaration of public utility<\/strong> (\u201c<strong>DUP<\/strong>\u201d). In order to obtain the DUP, the owners of hydraulic pumping technology production and storage facilities must have reached agreements for the acquisition of the property and rights affected, covering a minimum of 50% of the affected area -in the case of production- and 25% -in the case of hydraulic pumping storage-.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<ul>\n<li>RDL 23\/2020 is amended, introducing two new provisions:<\/li>\n<\/ul>\n<ul>\n<li style=\"list-style-type: none;\">\n<ul>\n<li>As was the case with the unratified RDL 7\/2025, the amendment provides for the possibility of <strong>suspending the calculation of the deadline for meeting the administrative milestones<\/strong> set forth in RDL 23\/2020. If, prior to the expiration of any of the deadlines, the developer demonstrates the existence of a precautionary measure that suspends the effectiveness of the administrative authorizations granted as a result of <strong>(1)<\/strong> the filing of an administrative or contentious-administrative appeal or <strong>(2)<\/strong> the tacit suspension provided for in Article 117.3 of the LPAC, the calculation of the deadlines shall be suspended from the adoption of the suspension until its lifting.<\/li>\n<li>For pumped-storage hydroelectric power generation facilities, it is established that the deadlines for meeting the milestones set forth in Article 1 of RDL 23\/2020 may be extended at the request of the license holder, provided that the total period does not exceed 12 years (while for offshore wind facilities, this possibility remains at 9 years).<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<ul>\n<li>Through the amendment of RD 8\/2023, the Council of Ministers is empowered to <strong>designate new just transition hubs<\/strong>, with those located in the same electricity supply zone or within a 50 km radius being eligible for inclusion on this list for the purposes of granting access permits.<\/li>\n<li>Regarding <strong>self-consumption<\/strong>, the types of facilities considered to be production facilities located near consumption sites and connected via the grid are expanded to include all those using photovoltaic or wind technology with a capacity of up to 5 MW located within a distance of 5,000 meters.<\/li>\n<li>Amendment to RD 1183\/2020:<\/li>\n<\/ul>\n<ul>\n<li style=\"list-style-type: none;\">\n<ul>\n<li>In the procedure for launching demand-driven tenders, only admissible access and connection applications will be considered. Likewise, if, at any time during the processing of access and connection requests, such requests are rejected, the proposal is not accepted, or the requests are withdrawn, the advisability of maintaining the activation of the tender will be reassessed; otherwise, the access permit will be granted and the demand tender will be cancelled.<\/li>\n<li>Reservation of storage capacity at nodes reserved for generation or demand auctions:<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<ol>\n<li style=\"list-style-type: none;\">\n<ol>\n<li style=\"list-style-type: none;\">\n<ol>\n<li>When a node is reserved for a generation access capacity auction or is a fair transition node, and said node is not activated for a demand auction, storage demand access capacity may be reserved at that node. Thus, in the procedure for granting access capacity through the auction, generation and demand capacity may be granted simultaneously.<\/li>\n<li>When a node is reserved for a demand access capacity auction, and said node is not activated for a generation auction, storage generation access capacity may be reserved at said node. Thus, in the procedure for granting access capacity through the auction, generation and demand capacity may be granted simultaneously.<\/li>\n<li>When a node is simultaneously reserved for holding generation and demand auctions, both generation and demand storage access capacities may be granted through either of the two auction modalities.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<ul>\n<li>The deadline for complying with the fifth administrative milestone of RDL 23\/2020 for pumped-storage hydroelectric power generation facilities is extended from 9 to 12 years.<\/li>\n<li>Finally, it is also established that, by 22 June 2026, the Government shall approve a royal decree that establishes regulations for Renewable Energy Communities and Citizen Energy Communities. The possibility of reserving a quota of installed capacity in the auctions of the renewable energy economic regime may be provided for.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<hr \/>\n<p><strong>FOOTNOTES<\/strong><\/p>\n<p><a href=\"#_ftnref1\" name=\"_ftn1\">[1]<\/a> Pursuant to the provisions of CNMC Circular 3\/2020, dated 15 January, which establishes the methodology for calculating electricity transmission and distribution tolls.<\/p>\n<p><a href=\"#_ftnref2\" name=\"_ftn2\">[2]<\/a> However, RDL 7\/2026 states that the waiver may be exercised within four months of the regulation\u2019s entry into force. We understand that the simultaneous reference to three months (in the third transitional provision) and four months (in Article 11) is due to an error by the legislature; therefore, if you wish to exercise this waiver, we recommend adhering to the more restrictive deadline, that is, exercising the waiver before 22 June 2026.<\/p>\n<p><a href=\"#_ftnref3\" name=\"_ftn3\">[3]<\/a> This list may be expanded or modified by ministerial order of MITECO.<\/p>\n<p><a href=\"#_ftnref4\" name=\"_ftn4\">[4]<\/a> By resolution of the Secretary of State for Energy.<\/p>\n<p><a href=\"#_ftnref5\" name=\"_ftn5\">[5]<\/a> Although RDL 7\/2026 states, \u201c<em>Within four years of the entry into force of this Royal Decree-Law, from the date the access permit is granted, (\u2026)<\/em>\u201d, we believe this to be a typographical error, and that the legislature actually intended to state \u201c<em>Within four years of the entry into force of this royal decree-law, <strong><u>or<\/u><\/strong> from the granting of the access permit, (\u2026)<\/em>\u201d.<\/p>\n<p>For more information, please contact our\u00a0<a href=\"https:\/\/www.araozyrueda.com\/en\/our-firm\/practice-areas\/energy\/\">Energy Department<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Royal Decree-Law 7\/2026 (\u201cRDL 7\/2026\u201d) was enacted in response to the negative effects on the global economy caused by the war in Iran. Its purpose centres on measures of a short-term nature -intended as an immediate response to the war in Iran- as well as structural and strategic measures focused on the long term. This [&hellip;]<\/p>\n","protected":false},"author":5,"featured_media":38337,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[93],"tags":[],"abogado":[677,699],"area":[475],"class_list":["post-38336","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-energy","abogado-sara-garrido","abogado-gema-pais","area-energy"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Royal Decree-Law 7\/2026 approving the Comprehensive Response Plan to the Crisis in the Middle East - Araoz &amp; Rueda<\/title>\n<meta name=\"description\" content=\"RDL 7\/2026 energy law analysis of Spain\u2019s energy crisis response, grid access reform and renewable transition.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.araozyrueda.com\/en\/rdl-7-2026-energy-law-spain-energy-transition-grid-access-renewables\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Royal Decree-Law 7\/2026 approving the Comprehensive Response Plan to the Crisis in the Middle East - Araoz &amp; 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