Public Sector

CERSE 2026: new rules for participating in CSR and ESG policy in Spain

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Equipo Editorial CambiosLegales
10 Jul 2026 7 min 0 views

Key data

RegulationOrder TES/693/2026, of July 3
PublicationJuly 10, 2026
Entry into forceJuly 10, 2026
Affected partiesBusiness organizations, unions, CSR institutions and independent sustainability experts
CategoryPublic Sector
Regulation it developsRoyal Decree 221/2008, of February 15 (creation and regulation of CERSE)
Board seats regulated28 board seats (14 union + 14 business) plus board seats for CSR institutions and independent experts
ProcessingMandatory electronic processing for all candidates
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The CERSE has gone more than a decade without renewing its board members. With new European ESG and sustainability requirements—especially the corporate sustainability reporting directive (CSRD)—the Government has decided to reactivate this advisory body and establish for the first time a clear procedure for choosing its members. The Order TES/693/2026, published on July 10, 2026, develops Royal Decree 221/2008 regarding the assignment of board seats, appointment and removal of their holders.

For business and union organizations interested in CSR, this is not a minor bureaucratic procedure: the CERSE is the body where public policy recommendations on corporate responsibility are developed and then transferred to legislation and national plans.

14
Board seats for the most representative business organizations
14
Board seats for the most representative union organizations
+10 years
Without renewal of CERSE members until this regulation

What does this regulation establish?

Order TES/693/2026 develops the procedure that previously did not exist in regulated form to fill the CERSE board seats. The key elements are:

Type of board seatNumber of positionsAssigned to
Union organizations14Most representative unions at the state level
Business organizations14Most representative business organizations at the state level
Institutions with interest in CSRNot specified numericallyEntities with accredited activity in corporate social responsibility
Independent expertsNot specified numericallyProfessionals with expertise in sustainability and CSR

The regulation also sets the distribution criteria among the most representative organizations, the formal appointment procedure and the grounds and procedure for removal of holders. A relevant operational element: electronic processing is mandatory for all candidates, without exception.

This order develops the Royal Decree 221/2008, of February 15, which created the CERSE but did not detail the procedure for assigning board seats. That procedural gap is precisely what had prevented the council's renewal for more than a decade.

Economic and operational impact

This regulation does not generate direct costs for companies in the form of fees or penalties. Its impact is strategic and influential: the CERSE is the official channel through which business and union organizations participate in the development of public CSR policies in Spain.

In the current context, with the European CSRD requiring sustainability reports from thousands of Spanish companies and the debate on ESG standards in full swing, having representation in the CERSE is equivalent to having a voice in how these requirements are implemented in Spain. Organizations that do not participate will leave that space to their competitors or to unions with different interests.

The operational cost for organizations that want to participate is that of preparing and electronically submitting their candidacy, accrediting their representativeness and designating their board members. There are no fees associated with the process according to the information available in the regulation.

Who does it affect?

  • Most representative business organizations at the state level (such as CEOE or Cepyme): can apply for the 14 business board seats and must initiate the candidacy process electronically.
  • Most representative union organizations at the state level (such as CCOO or UGT): can apply for the 14 union board seats with the same procedure.
  • Institutions with CSR activity: foundations, associations, public or private bodies with accredited track record in corporate social responsibility.
  • Independent experts in sustainability and ESG: professionals with recognized expertise who can be designated as independent board members.
  • Large and listed companies: although they do not participate directly as board members, the policies developed by the CERSE will affect their reporting obligations and CSR standards in Spain.

Practical example

A medium-sized sectoral business association—for example, a logistics sector employers' association with national presence—that wants to influence how CSR standards are regulated in Spain must assess whether it meets the criteria of "most representative business organization" required by the regulation to apply for one of the 14 business board seats.

If it meets the requirements, the process it must follow is: accredit its representativeness according to the criteria set by Order TES/693/2026, designate its candidate for board member, and process all documentation electronically mandatory before the Ministry of Labor and Social Economy. Failing to do so means being excluded from the body that will recommend to the Government how to adapt Spanish CSR regulations to European ESG requirements in the coming years.

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What should companies do now?

  1. Evaluate whether your organization meets the representativeness criteria required to apply for a business or union board seat in the CERSE. The threshold is "most representative at the state level."
  2. Review the complete Order TES/693/2026 to understand the board seat distribution criteria and the deadlines of the assignment procedure.
  3. Prepare electronic processing: ensure you have the necessary digital identification means (electronic certificate or similar) to submit the candidacy, as in-person or paper processing is not permitted.
  4. Designate the candidate for board member with the appropriate profile in CSR/ESG matters, given that the CERSE will address topics of increasing European regulatory relevance.
  5. If you are a company (not an organization): identify which employers' association represents you and verify whether it is submitting a candidacy, as your voice in the CERSE reaches it through them.

Frequently asked questions

How many board seats does the CERSE have and how are they distributed?

The CERSE has 14 board seats reserved for the most representative union organizations and another 14 for the most representative business organizations. Additionally, it has additional board seats for institutions with interest in CSR and for independent sustainability experts, although the regulation does not specify a specific number for these latter groups.

How do you submit a candidacy to be a board member of the CERSE?

Order TES/693/2026 establishes that processing is mandatory electronic for all candidates. Paper or in-person submission is not permitted. Organizations must accredit their representativeness according to the criteria set in the order itself and formally designate their candidate.

When does the new CERSE regulation come into force?

Order TES/693/2026 came into force on the same day it was published in the BOE: July 10, 2026. It develops Royal Decree 221/2008, which created the CERSE but lacked a regulated procedure for assigning board seats, which had prevented the council's renewal for more than ten years.

Why is the CERSE being reactivated now after more than ten years of inactivity?

The reactivation responds to the update of the CSR framework in light of new European ESG and sustainability requirements, especially the European corporate sustainability reporting regulation (CSRD). The Government needs an active advisory body to develop public CSR policies that respond to these requirements.

Does this regulation affect individual companies or only organizations?

It directly affects the most representative business and union organizations, CSR institutions and independent experts who want to participate as board members. Individual companies do not participate directly in the CERSE, but the policies developed by this body will influence the CSR standards and obligations they must comply with, especially large and listed companies subject to European ESG regulations.

Official source

Consult complete regulation in official source

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-15029



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