The CNMC supports the reform of the Statute of Electro-Intensive Consumers: main changes of the new Royal Decree
The National Commission for Markets and Competition (CNMC) has published its report on the draft Royal Decree that will modify the Statute of Electro-Intensive Consumers (Royal Decree 1106/2020), a key regulation for industries with high electricity consumption.
The agency views the reform positively, considering that it improves the support framework for energy-intensive consumers and adapts it to the current energy context. However, it also puts forward a series of recommendations aimed at strengthening the effectiveness, transparency, and legal certainty of the system.
If your company already has the energy-intensive consumer certification or is considering applying for it, these are the main updates you should know about.
a quick glance
📌 The CNMC supports the reform , considering that it improves the functioning of the Statute.
💶 A new eligible cost is incorporated , related to the contribution to the National System of Energy Efficiency Obligations (SNOEE).
⚡ Some obligations and requirements are being reviewed to facilitate access to aid and improve the application of the Statute.
- Charging electric vehicles should not impede access to the Statute
One of the aspects analyzed by the CNMC is the requirement that the electricity be used exclusively for the owner's own use.
In this regard, it considers that allocating part of the supply to electric vehicle charging infrastructure should not be interpreted as a breach of this requirement, provided that consumption continues to be linked to business activity.
This interpretation provides greater security to those companies that are promoting the electrification of their fleets or providing charging points at their facilities.
- SNOEE becomes a new eligible cost
One of the most relevant new features of the draft Royal Decree is the inclusion of the contribution to the National System of Energy Efficiency Obligations (SNOEE) as an eligible cost.
Compensation may be granted to companies that contribute directly to the system as well as to those that bear this cost indirectly through their marketing company.
However, the CNMC warns that the planned budget allocation could prove insufficient if the contribution to the National Energy Efficiency Fund continues to increase in the coming years.
- Greater flexibility to meet decarbonization obligations
The report also analyzes obligations related to energy management and decarbonization.
Given the high volatility of the market for guarantees of origin, the CNMC proposes allowing certain obligations to be accredited over a period of up to three years, preventing the cost of compliance from exceeding the amount of aid received.
- Greater transparency in the calculation of aid
With the aim of providing greater legal certainty to companies, the CNMC recommends that the annual call for tenders publish the factor used to calculate the compensation corresponding to the SNOEE.
This measure would allow energy-intensive consumers to know the applicable parameters in advance and better plan their requests.
- The contracting of renewable energy on a forward basis continues to generate debate
The project eliminates the obligation to prove that at least 10% of the energy consumed annually is covered by forward contracts of renewable origin.
However, the CNMC considers it advisable to review this decision.
The agency points out that Royal Decree 88/2026 has strengthened consumer rights, allowing, among other things, the possibility of having several supply contracts for the same point of consumption and contracting forward hedging instruments.
From their point of view, these types of contracts favor hedging against price volatility and contribute to improving the liquidity of electricity markets.
- The CNMC is committed to maintaining monitoring mechanisms
Another recommendation in the report refers to the monitoring of the aid system.
Although the project eliminates the annual evaluation report prepared by the relevant ministries, the CNMC considers it advisable to maintain some monitoring mechanism that allows for the evaluation of the functioning of the Statute and guarantees the transparency of the system.
What do these changes mean for businesses?
Although the draft Royal Decree still needs to complete its processing, the conclusions of the CNMC allow us to anticipate the direction that future regulation will take.
The proposed modifications seek to adapt the Statute to the evolution of the energy market, incorporate new compensable costs and make certain obligations more flexible, while reinforcing the transparency of the system.
For energy-intensive companies, it will be especially important to analyze how these changes may affect their future applications for aid and their energy procurement strategy.
At Exclusivas Energéticas, we closely follow regulatory developments.
At Exclusivas Energéticas, we will continue to monitor the approval process of this Royal Decree and will keep our clients informed of any developments that may affect the certification of energy-intensive consumers or the aid scheme.
If your company wishes to analyze how these changes may impact your particular situation or needs advice to prepare for future calls for proposals, our team is at your disposal to help you.