The public consultation period on the draft Royal Decree to promote biomethane is open

Biomethane is one of the renewable gases that has seen the greatest expansion in recent years. An example of this is that in 2021 there was only one biomethane plant in operation in Spain, whereas by early 2026 there were already 23, 21 of which are already injecting biomethane into the gas network.

In this regard, it is necessary to regulate certain aspects that will help to strengthen the roll-out of these projects in our country. Below, we outline some of the aspects regulated in this draft Royal Decree:

1. Establishment of minimum biomethane penetration quotas

Obligated parties are suppliers, based on sales to their end customers in the domestic market over a calendar year, and direct market consumers, based on the volume consumed that has not been purchased from a supplier in that calendar year.

Obligated parties must consume or supply, to any of their end customers, a minimum quantity of certified biomethane of: 0.5% in 2028, 1.1% in 2029, 1.8% in 2030, 2.5% in 2031, 3.3% in 2032, 4.1% in 2033, 5% in 2034 and 6% in 2035. This applies to the total of natural gas and liquefied natural gas consumed or supplied on the domestic market during the relevant calendar year. The consumption at the following supply points shall be excluded from this total: (i) CCGT; (ii) those connected to manufactured gas distribution networks in island territories not connected to the gas pipeline network; (iii) those where the supply is used as fuel for land, sea or air transport; and (iv) cogeneration facilities.

Biomethane shall be considered accredited if it has guarantees of origin for renewable gases.

By order of the head of MITECO, the necessary provisions shall be established to develop a procedure for monitoring compliance with the obligation. Annually, the obligated parties must submit to the Directorate-General for Energy Policy and Mines of MITECO a report detailing the volume of accredited biomethane consumed or supplied to their end customers.

Failure to comply with the biomethane penetration obligations shall be considered a very serious infringement.

2. Seal of social, territorial and environmental excellence

By order of the Head of MITECO, a requirement will be established that, in order to contribute to the fulfilment of the aforementioned quotas, biomethane production plants that come into operation after the date on which these quotas come into force must hold the seal of social, territorial and environmental excellence referred to in this article.

3. Connection of other gas production plants to the transmission and distribution networks

The direct connection line between other gas production plants and the transmission or distribution network shall comprise the pipeline for injecting gas into the network, situated between the manhole or the site of the new or modified connection point on the existing gas pipeline (excluding the manhole or connection point itself) and the boundary of the land on which the plant is located.

The producer of other gases may construct this using its own resources or request its construction from the transmission or distribution operator owning the network to which it is connected.

Upon commissioning of the facility, the producer must transfer it free of charge to the transmission or distribution operator, who must accept the transfer. The transferred facility shall be integrated into the gas system as part of the transmission or distribution network without any return on investment being payable by the gas system, with the transmission or distribution operator being responsible for its operation and maintenance.

Parties connecting to the direct line after the transfer must pay the parties who funded the construction of the original direct line the updated cost of the investment, in proportion to the length of the shared gas pipeline and the allocated connection flow rate.

Any new or modified point of connection required for the injection of renewable gas shall form part of the transmission or distribution network into which it is injected. In the event of disputes regarding works relating to new or modified points of connection, or the connection of a direct line, these may be referred to the CNMC, where the matter falls within the remit of the Central Government, or to the relevant competent body of the Autonomous Community.

Finally, it is established that, within a maximum period of six months from the entry into force of this regulation, the Technical Management Regulations for the Gas System falling within the remit of the Ministry shall be drawn up, as necessary to establish the technical requirements, the configuration of the facilities and the implementation requirements applicable to direct connection lines for other gases, to the components located therein, to the points at which the direct line connects and to reverse flow equipment.

4. Deadline for submitting comments

As mentioned in the introduction, the deadline for interested parties to submit comments on this draft Royal Decree is 11 June 2026.

If you would like to know more about the draft Royal Decree on the promotion of biomethane or about any other matters relating to Public Law and Regulated Sectors, please do not hesitate to contact one of our experts listed below or your usual contact at Osborne Clarke.