Spain activates the framework for critical raw materials and net-zero emissions

As of Saturday, October 24, Spain has its own framework for applying European regulations on critical raw materials and net-zero technologies. Royal Decree 845/2026, approved by the Council of Ministers on October 20 and published this Friday in the Official State Gazette (no. 263, Sec. I, p. 141776, reference BOE-A-2026-22079), designates single points of contact, establishes processing deadlines, and creates two coordination commissions. The regulation enters into force the day following its publication.

The text develops two directly applicable community regulations that require national implementation measures: Regulation (EU) 2024/1252, of April 11, 2024, known as the “Critical Raw Materials Act” (CRMA), and Regulation (EU) 2024/1735, of June 13, 2024, or the “Net-Zero Industry Act” (NZIA). It is issued upon the joint proposal of the Ministry of Industry and Tourism and the Ministry for the Ecological Transition and the Demographic Challenge, with the opinion of the Council of State dated March 26, 2026, and is supported by Article 149.1, sections 13, 23, and 25, of the Spanish Constitution. It is endorsed by the Minister of the Presidency, Justice and Relations with the Courts, Félix Bolaños García.

Single points of contact and strategic projects

The autonomous communities and the cities of Ceuta and Melilla must designate single points of contact for critical raw material projects located in their territory. When authorization is a state competence or affects more than one community, the function falls to:

• Sub-directorate General of Mines of the Directorate General for Energy Policy and Mines (MITECO), for projects involving extraction.
• Sub-directorate General for the Promotion of Industrial Projects of the Directorate General for Industrial Programs (Ministry of Industry and Tourism), for processing and recycling.

The declaration of a project as strategic by the European Commission certifies reasons of public interest, imposes the urgent processing of Article 33 of Law 39/2015—with a reduction of ordinary deadlines by half, except for applications and appeals—and obliges the autonomous communities to grant it consideration of maximum importance.

Mining, circularity and data for Brussels

The MITECO will develop the National Mining Exploration Program upon the proposal of the Geological and Mining Institute of Spain, a national center of the CSIC, using public information and consultation with communities; it will be approved by the Council of Ministers and reviewed every five years. The National Circularity Programs, provided for in Article 26 of the CRMA, will also be approved by agreement of the Council of Ministers and reviewed every five years; the autonomous communities will adapt their circular economy instruments within a maximum of three years.

The Secretary of State for Energy, through the Sub-directorate General of Mines, will gather the information and will be the national authority responsible for transmitting the data to Eurostat and the European Commission. Additionally, the Coordination Commission for the promotion of critical raw materials projects is created, attached to the MITECO and chaired by the Directorate General of Energy Policy and Mines, with memberships from nine bodies of the General State Administration, all communities, Ceuta and Melilla, and the Spanish Federation of Municipalities and Provinces.

Who declares an industrial project strategic

In net-zero technologies, the declaration of strategic status generally corresponds to the autonomous communities and autonomous cities. The State assumes competence in two scenarios: projects affecting more than one community and carbon dioxide transport or storage projects. In those cases, the Directorate General of Industrial Programs instructs the process and the Secretary of State for Industry resolves it, with the following deadlines:

• Ten days to verify that the documentation is complete.
• Ten days for the autonomous community report, extendable by another ten.
• One month from admission for processing to issue a resolution, with negative silence.
• Twenty business days for the European Commission’s opinion if the resolution is dismissive.

Acceleration valleys and controlled testing spaces remain in the hands of the autonomous communities, although the Ministry of Industry and Tourism may approve bases and calls via ministerial order. A second coordination commission, attached to the Secretary of State for Industry and chaired by the Directorate General of Industrial Strategy and Small and Medium-Sized Enterprises, will coordinate the application of the NZIA.

Electrical grid and mining waste

Two regulatory modifications complete the decree. The first adds to Royal Decree 975/2009, on extractive industry waste, the obligation to include in the management plan a preliminary economic evaluation study on the possible recovery of critical raw materials. The second reforms Royal Decree 1183/2020, on access and connection to electrical grids, to incorporate strategic declarations among the criteria for demand tenders, in order to prioritize access for these projects.

The Secretary of State for Industry will analyze every three years the impact of the application of the NZIA on industrial ecosystems, and before October 31 of each year, the Secretary of State for Energy will send it information regarding carbon dioxide injection capacity.

The decree arrives with the European calendar already underway and converts strategic autonomy into administrative procedure: who authorizes, within what timeframe, and with what priority. For mining, industrial, and energy companies, the immediate impact is twofold: shortened deadlines and a single point of contact to process projects declared as strategic, in addition to preferential treatment for access to the electrical grid.

Source: Official State Gazette, no. 263, October 23, 2026, Sec. I. General Provisions, page 141776 (official reference: BOE-A-2026-22079).