On 3 July, Spain’s Ministry for the Ecological Transition and the Demographic Challenge (MITECO) launched the public consultation for the Draft Royal Decree on the Promotion of Renewable Fuels, aimed at incorporating parts of the Directive (EU) 2018/2001 (RED III) into national legislation. This regulation focuses on the decarbonisation of transport and the promotion of renewable fuels, in line with the EU’s climate commitments.

However, the method chosen—a Royal Decree passed directly by the Government—continues to raise concerns among energy sector stakeholders.

Jorge Viñuelas, Head of European Affairs at consultancy beBartlet, warns that “as expected, the deadline passed without a standard legislative bill being introduced; urgency to avoid Commission fines led to a Royal Decree.”

Speaking to Strategic Energy Europe, Viñuelas notes that “although it is positive that a consultation was launched, this format means fewer opportunities for participation, no possibility for amendments or parliamentary debate, which may cast doubt on long-term stability.”

This process follows other major EU regulations that Spain has transposed via decree, such as the Emergency Regulation on Energy Resilience (Regulation (EU) 2022/2577), implemented in December 2022 to accelerate permitting for renewable energy projects in response to the energy crisis sparked by the war in Ukraine.

Other measures transposed in this manner include provisions from the Recovery and Resilience Mechanism and early-stage steps of the Net-Zero Industry Regulation.

In total, Spain has relied on at least five Royal Decrees to comply with EU climate regulations since 2022. While these decisions aim to avoid penalties for delay, they raise concerns over limited public and parliamentary deliberation.

Pending transpositions include key elements of the Energy Efficiency Directive and planning provisions for renewable spatial development, whose deadline expired on 21 May 2024.

The current draft decree covers critical areas such as decarbonisation targets by transport mode, emission calculation rules, certification systems for renewable gases and hydrogen, and guarantees of origin.

However, it omits other essential RED III components, including renewables acceleration zones and the streamlining of permitting procedures, which are expected to be addressed in future regulations with no set timetable. “Their development is still pending,” Viñuelas states.

At the European level, countries like France, Belgium, and the Netherlands have adopted hybrid models that combine decrees with regular legislative bills to ensure both speed and institutional debate. In contrast, Spain’s repeated use of decrees has sparked concern among European policy analysts.

Spain continues to lag in adopting these legal frameworks and has opted for legislative procedures that, while expediting implementation, reduce parliamentary oversight and transparency in the development of strategic policies for energy security and climate resilience.

The consultation period remains open until 8 September 2025, but experts agree that although regulatory momentum is needed, urgency should not replace democratic debate or the comprehensive planning required for a fair and participatory green transition.