Transport Ministry finalizes aid for freight rail in response to the energy crisis

The Ministry of Transport and Sustainable Mobility has finalized the aid for rail freight transport in response to rising energy costs through Order TRM/1034/2026, dated October 1, published in the Official State Gazette (no. 248, of October 6, 2026, Sec. I, page 130569). The regulation adapts the subsidies provided for in Article 3 of Royal Decree-Law 9/2026, of April 14, and in Article 28 of Royal Decree-Law 18/2026, of June 29, to the European State aid regime. The order takes effect from the day following its publication, that is, October 7, 2026.

The measure responds to the increase in the price of petroleum products derived from the conflict in the Middle East, which the text itself describes as having a significant impact on the cost structure of railway companies. The Government first approved Royal Decree-Law 7/2026, of March 20, which articulated the Comprehensive Response Plan to the Crisis in the Middle East, and subsequently Royal Decree-Laws 9/2026 and 18/2026, which established lines of direct aid to railway companies with activity classified under code 4920 “Rail freight transport.” To finance these lines, an extraordinary credit of 3,150,000 euros was approved, with an amount of 15,000 euros per diesel traction locomotive.

Green light from the European Commission

The full effectiveness of the aid was conditional upon its fit within the community regime. On April 29, 2026, the European Commission adopted the Communication on the Temporary Crisis and Transition Framework in response to the crisis in the Near East (C(2026) 2947), known as METSAF, whose section 2.2 sets the compatibility conditions pursuant to Article 107(3)(c) of the Treaty on the Functioning of the European Union.

The decisive step came with Decision SA.122996 (2026/N), of July 28, 2026, by which Brussels declared the measures contemplated in this order compatible with the internal market. With this authorization, the condition to which Article 3.8 of Royal Decree-Law 9/2026 and its corresponding provision in Royal Decree-Law 18/2026 linked the effectiveness of the aid was fulfilled. The order thus develops the authorization granted to the holder of the Ministry of Transport and Sustainable Mobility.

70 percent limit and responsible declaration

The regime is based on the additional fuel costs actually incurred, with a ceiling of 70% of the excess cost. Beneficiaries must submit a responsible declaration with their actual fuel consumption for a minimum period of three months, between March 1, 2026, and the date of application. The main deadlines and obligations are as follows:

• Submission of the responsible declaration before February 28, 2027, through the electronic office of the Ministry of Transport and Sustainable Mobility.
• Supplies included in the declaration: up to December 31, 2026, at the latest.
• Reference period for the calculation of additional costs: from March 1 to December 31, 2026.
• Retention of supporting documentation for ten years from the granting.
• Publication of the grants in the National Grants Database within six months.

Those who have been beneficiaries of a previous illegal grant declared incompatible by the European Commission and have not reimbursed it are excluded, as well as large and medium-sized enterprises in a crisis situation in the accounting period prior to February 28, 2026. Micro-enterprises and small enterprises in crisis may apply if they are not involved in a declared insolvency proceeding nor have received rescue or restructuring aid without complying with the provided conditions.

Reference prices and expenditure control

The annex establishes the historical reference values, calculated as the average of January and February 2026, to measure the additional cost. These include:

• Diesel: 1.1549 euros per liter; diesel in the Canary Islands: 1.1445.
• Railway diesel: 0.7759 euros per liter.
• LPG: 0.7738; CNG: 1.0084; LNG: 0.9238.
• Gasoline: 1.1964 euros per liter.

When the fuel has been supplied by ADIF or the company is supplied through its own facilities, the actual average acquisition price of railway diesel excluding VAT may be taken as a reference. The grants may be accumulated with those from articles 55 and 58 of Royal Decree-Law 7/2026 and with those from articles 22 and 25 of Royal Decree-Law 18/2026, provided that the sum does not exceed the aforementioned 70%. The General Directorate of Road and Rail Transport will subsequently verify a sample of beneficiaries after payment and will recover, with interest, the amounts that exceed the limit. An administrative appeal may be filed against the order, which exhausts the administrative route, before the National Court within two months. The text is signed by Minister Óscar Puente Santiago.

The regulation clears the last legal uncertainty that weighed on grants already approved and allows railway operators and shippers to calculate the available public support until the end of the year with clear rules. For a sector that competes with road transport and supports decarbonization goals, the specification of the procedure and reference prices is decisive to ensure that compensations effectively reach the companies and are not blocked by compatibility doubts.

Source: Official State Gazette, no. 248, of October 6, 2026, Sec. I. General provisions, page 130569 (official reference: BOE-A-2026-20744).