Aragon recovers a large part of the energy regulation that had been annulled by the Constitutional Court

At the beginning of the year 2023, the Government of Aragon approved Decree-Law 1/2023 on urgent measures to promote energy transition and local consumption in Aragon (the "Decree-Law 1/2023"), to which we dedicated one of our articles in which we analyzed the main new features it introduced.

Subsequently, at the beginning of 2024, part of said Decree-Law was suspended by the Constitutional Court ("TC") after an appeal lodged by the Spanish Government was admitted for processing, alleging, mainly, the lack of an enabling  requirement to justify the use of the Decree-Law and an invasion of State competences. This issue was also the subject of an entry on our web page.

Finally, the TC in its Ruling 113/2024, dated September 10, 2024, declared unconstitutional and null and void the whole of Decree-Law 1/2023, which, as a consequence of said declaration, was left without effect. Briefly, it should be pointed out that the appeal of unconstitutionality was upheld on the grounds of the lack of an enabling requirement (reasons of urgent and extraordinary necessity) that would justify recourse to the regulatory figure of the decree-law.

On December 31, 2024, Law 5/2024, of December 19, on measures for the promotion of energy communities and industrial self-consumption in Aragon (the "Law 5/2024") was published in the Official Gazette of Aragon. This law, as recognized in its preamble, has as its main objective the reincorporation into the Aragonese legal system of the provisions of the annulled Decree-Law 1/2023. In this sense, as regards the content of this new law, we refer to the previously mentioned analysis of Decree-Law 1/2023 and, next, we will refer to those issues that are introduced as a novelty or which, although they were included in Decree-Law 1/2023, have not been included in this new law, meaning they have not been reincorporated into the legal system.

Permanent Energy Forum of Aragon (Foro Permanente de la Energía de Aragón)

The Permanent Energy Forum of Aragon is created as a participatory and consultative body attached to the department of the Government of Aragon responsible for energy.

Its functions include:

• Analyze and ponder on the situation of the energy sector.
• To report on the energy planning of the Autonomous Community of Aragon.
• To make non-binding proposals, studies and reports.
• Advise on energy policy when required.
• Other functions attributed to it by law or regulation.

The composition, organization and operation of the Permanent Energy Forum will be regulated by means of a regulatory norm, guaranteeing the majority representation of public administrations, with at least half of the members appointed at the proposal of the Aragonese local entities.

Aragon Energy Plan (Plan Energético de Aragón)

The Government of Aragon will promote an Energy Plan subject to strategic environmental assessment and citizen participation.

Within the framework of the PNIEC 2021-2030, the Energy Plan of Aragon will define regional objectives in energy transition and will territorially order renewable energies, in prior consultation with local entities.

The Plan will delimit unsuitable areas for the implementation of projects and renewable acceleration, and will have the status of a special land-use planning guideline. Projects proposed in unsuitable areas will be unfeasible, and the management criteria will not affect projects already in the pipeline.

Declaration of urgency of administrative procedures related to decarbonization processes in industrial establishments and for the implementation of the electric vehicle charging network

The urgency of all the administrative procedures of the Administration of the Autonomous Community of Aragón and its public bodies that are processed for the authorization of equipment and installations destined to facilitate decarbonization processes in industrial establishments and for the implementation of the energy recharging network for electric vehicles is declared.

Practice of the field confrontation procedure of the demarcation of applications for research permits and direct exploitation concessions

When from the study of a file processed in relation to an application for a research permit or a direct exploitation concession for resources of section C) of Law 22/1973, of July 21, 1973, on Mines, the possible demarcation of these resources is known and the data presented should be compared in the field, the applicant and all those interested in the procedure will be sent the plan with the demarcation proposal drawn up by the technicians of the competent Provincial Service, which will contain sufficient data to be aware of the scope of the projected mining workings, so that within 15 days they can formulate any allegations and present the documents and justifications they deem pertinent for the exclusive purposes of the proposed demarcation.

Measures to make renewable energies compatible in agricultural areas

Photovoltaic solar plants or wind farm projects may not be implemented in areas in which the Administration has initiated a land consolidation procedure, having declared the public utility through the publication of the corresponding Decree.

Neither may photovoltaic solar plants or wind farms be installed in areas in which the state or regional administrations have initiated projects for the creation or modernization of irrigation systems, having declared their general interest, except in the case of plants intended for self-consumption.

In general, the design of the location of photovoltaic solar plants or wind farm projects in any agricultural area of the autonomous community must include the maintenance or no significant modification of the routes of pre-existing roads, irrigation and drainage systems, as well as agreements with the owners of said infrastructures to ensure the continuation of their normal operation.

Other issues

Likewise, the final provisions of this new law regulate a series of relevant issues for the processing of renewable energy projects, among which we highlight the following: 

• A regulation is introduced regarding a possible concurrence of utilities or public interest and the procedure and declaration of compatibility or prevalence, in the event that, upon requesting the recognition of public utility by the developer of a wind farm, the owner of another facility or activity of public utility located in the same territorial area opposes it.
• Modifications to the transmission and distribution facilities whose authorization is the responsibility of the Autonomous Community of Aragón are considered as non-substantial.
• The Government of Aragon is authorized to approve, within one year, a consolidated text of the Aragonese legal provisions in force on energy matters.

Should you wish to know more about the current regulatory and energy sector and its possible implications, please do not hesitate to contact one of our experts listed below or your usual contact at Osborne Clarke.