The Government and the CNTC agree on a new Royal Decree-Law to protect the transport sector from the energy crisis

 

 

 

El Ministerio de Transportes y Movilidad Sostenible has reached a decisive agreement today with the Departamento de Mercancías del Comité Nacional del Transporte por Carretera (CNTC) to approve a new Royal decree lawThe objective is to mitigate the economic impact of the war crisis in Irán, ensuring the sustainability of the supply chain and foreign trade.

 

Key figures from the administration participated in the meeting, including the Secretary General of Land Transport, Rocío Báguena; the Director General of Road and Rail Transport, Elena May Atance; the Director General of Taxes, Jorge Ferreras (Ministerio de Hacienda) and the Director General of Economic Policy, Javier Muñoz (Ministerio de Economía).

 

Structural reforms in price review and billing

 

The core of the agreement lies in modifying the formula for revising transport prices based on variations in fuelFrom now on, the formula will be linked to the pre-tax fuel price, increasing its weight in the cost structure from 30% to 40% under current conditions. This measure will be reinforced by modifying the Article 38 of Law 15/2009, establishing that the application of this formula is automatic and mandatory.

 

Furthermore, it is now mandatory to itemize the fuel price adjustment on the invoice, eliminating any contractual possibility of omitting this information. To ensure compliance, the Government has committed to analyzing the creation of a type of sanction specifically for those who fail to comply with these legal provisions.

 

Agreed Measure	Technical description	Estimated Impact
Price Review	Link to the price excluding taxes	Fuel weight increase to 40%
15 / 2009	Amendment to Art. 38	Automatic and mandatory application
Invoicing	Mandatory cost breakdown	Elimination of agreements against
Legal framework	Real Decreto-Ley 7 / 2026	Inclusion of HVO and Biodiesel

 

Consolidation of aid and European framework

 

The agreement also includes crucial technical clarifications for operating companies. It has been confirmed that temporary discounts will not be included in the price revision calculation. Real Decreto-ley 7/2026. Furthermore, the Gobierno de España has already started the procedures before the Comisión Europea to overcome the limits on state aid (minimis) and allow a greater flow of resources to the sector.

 

• Reference prices for diesel will always be taken excluding the IVA and the IEH.
• The current bonuses cover alternative fuels such as HVO and the biodiesel.
• A permanent negotiation table is maintained to unlock aid pending community authorization.

 

Key points and frequently asked questions about the transport agreement

 

How does the change in the price review formula affect things?

The new formula is more responsive to real market fluctuations because it's based on pre-tax prices. This allows the fuel cost to increase from 30% to 40% of the final bill, better protecting the carrier's operating margin.

 

Is it possible to agree that the fuel surcharge will not be applied?

No. With the proposed legal amendment, the application of the revision formula is mandatory and automatic by law. Furthermore, itemization on the invoice will be required, eliminating the possibility of negotiating to exclude this adjustment.

 

What happens to direct aid and the European Union limit?

Spain has already held technical meetings with the Comisión Europea to notify a support scheme that allows exceeding the limit of minimis, seeking a more ambitious timeframe for support due to the current energy crisis.