Key data
| Regulation | Royal Decree 620/2026, of July 21 |
|---|---|
| BOE Publication | July 22, 2026 |
| Effective date | July 21, 2026 |
| Affected parties | CNMC and regulated sectors: energy, telecommunications, transport and competition |
| Category | Public Sector — Regulatory bodies |
| Year | 2026 |
| Legal basis for departure | Article 23.1.b) of Law 3/2013, on the creation of the CNMC |
| Reason for departure | Natural expiration of term |
| Proposal submitted by | First Vice President and Minister of Economy, Carlos Cuerpo Caballero |
| Approval | Council of Ministers |
The composition of the Board of the National Commission for Markets and Competition (CNMC) has just changed. Royal Decree 620/2026, published in the BOE on July 22, 2026, formalizes the departure of Josep María Salas i Prat as CNMC Advisor, effective July 21, 2026. The reason is the natural expiration of his term, in accordance with article 23.1.b) of Law 3/2013, the regulation governing the creation and operation of the CNMC.
For companies operating in sectors regulated by the CNMC—energy, telecommunications, transport and competition—any change in the composition of the Board deserves attention. Advisors participate directly in decisions on tariffs, authorizations, enforcement proceedings and competition resolutions. A vacancy opens a period of uncertainty until the new appointment is completed.
What does this regulation establish?
Royal Decree 620/2026 is an administrative act of departure. Its content is precise and limited: it formalizes Salas i Prat's exit from the CNMC Board once his legal term is exhausted. It does not introduce changes to the CNMC's organizational structure or modify its powers.
The key regulatory elements are as follows:
| Element | Detail |
|---|---|
| Person departing | Josep María Salas i Prat |
| Position | CNMC Advisor |
| Reason for departure | Natural expiration of term (art. 23.1.b Law 3/2013) |
| Who proposes the departure | First Vice President and Minister of Economy, Carlos Cuerpo Caballero |
| Who approves | Council of Ministers |
| Next legal step | Fill the vacancy through the appointment procedure provided for in Law 3/2013 |
The Law 3/2013, of June 4, on the creation of the CNMC, establishes that advisors are appointed by the Government for a fixed, non-renewable period. When that period expires, the departure is automatic and the position must be filled again through a formal selection and appointment process.
Economic and operational impact
The departure itself does not generate direct costs for companies. However, the change in the composition of the CNMC Board has operational and strategic implications that are worth considering:
- Possible regulatory reorientation: Each advisor brings a different technical profile and regulatory sensitivity. A new appointment may modify the weight of certain positions in resolutions on energy, telecommunications or competition.
- Ongoing proceedings: If your company has open procedures before the CNMC—inspections, authorizations, appeals, enforcement proceedings—the change in Board composition may influence timelines and the direction of resolutions.
- Vacancy period: Until the new advisor is appointed, the Board operates with one fewer member. This may slow down collegial decision-making in matters requiring reinforced quorum.
- Positioning opportunity: The appointment process for the replacement is public. Sector associations and major operators typically use this moment to convey their regulatory positions to the incoming advisor.
Who does it affect?
- Energy sector companies (utilities, gas companies, renewables) supervised by the CNMC on access tariffs, regulated returns and authorizations.
- Telecommunications operators subject to wholesale market regulation, access obligations and conflict resolution before the CNMC.
- Transport sector companies (rail, air, port) with active regulatory proceedings or procedures.
- Companies in competition proceedings: concentrations, cartels, abuse of dominant position or state aid with open proceedings at the CNMC.
- Legal advisors and regulatory consultants managing relationships with the CNMC on behalf of their clients.
- CFOs and executives of business groups with activity in regulated sectors who must anticipate possible changes in regulatory criteria.
Practical example
An electricity retailer has an open tariff review proceeding before the CNMC for the past six months. The Board must vote on the resolution in the coming two months. With the vacancy created by Salas i Prat's departure, the Board temporarily operates with one fewer member, which may affect the quorum required to adopt certain resolutions or delay the vote until the position is filled.
Additionally, if the profile of the newly appointed advisor has greater sensitivity toward consumer protection versus operators, the company will need to prepare its arguments with that approach in mind. Monitoring the appointment process—who the candidate is, what background they have, what positions they have defended—is a low-cost, high-value regulatory intelligence action.
What should companies do now?
- Identify if you have active proceedings before the CNMC: Review with your legal advisor whether there are open procedures (authorizations, appeals, inspections, competition proceedings) that may be affected by the change in Board composition.
- Monitor the appointment process for the new advisor: The Government must initiate the appointment process provided for in Law 3/2013. Follow BOE and CNMC news to learn who will fill the vacancy and what their regulatory profile is.
- Assess the impact on your sector: If you operate in energy or telecommunications, analyze with your regulatory team whether the change may affect resolution criteria in the coming months.
- Update your stakeholder map at the CNMC: With a new Board composition, update the contacts and institutional relationships relevant to your company.
- Take advantage of the transition period for positioning: If you represent a sector association or a relevant operator, this is the time to convey your regulatory positions before the new advisor consolidates their criteria.
Frequently asked questions
Why does Josep María Salas i Prat cease as CNMC Advisor?
The departure occurs due to natural expiration of his term, in accordance with article 23.1.b) of Law 3/2013, on the creation of the CNMC. This is not a dismissal or voluntary resignation, but the ordinary end of the period for which he was appointed. The proposal was submitted by the First Vice President and Minister of Economy, Carlos Cuerpo Caballero, and approved by the Council of Ministers.
What sectors does the CNMC oversee and may be affected by this change?
The CNMC oversees the energy, telecommunications, transport and competition markets in Spain. Any company with active proceedings or regulatory relationships with the CNMC in these sectors should pay attention to the appointment process for the new advisor to fill the vacancy created.
When will the vacancy left by Salas i Prat at the CNMC be filled?
Royal Decree 620/2026 does not establish a specific timeline for filling the vacancy. Law 3/2013 provides for the applicable appointment procedure, which involves Government proposal and approval by the Council of Ministers. The process may take weeks or months. It is recommended to follow the BOE and official CNMC communications to learn of the appointment as soon as it occurs.
Can the departure of a CNMC advisor affect ongoing company proceedings?
Yes. The CNMC Board adopts its resolutions in a collegial manner. A vacancy may affect the quorum required for certain decisions and, in practice, may slow down the resolution of proceedings. Additionally, the profile of the new advisor appointed may influence the direction of future resolutions on energy, telecommunications and competition.
What regulation governs the departure of CNMC advisors?
The departure of CNMC advisors is governed by article 23.1.b) of Law 3/2013, of June 4, on the creation of the National Commission for Markets and Competition. This law establishes that the term of advisors is fixed and non-renewable, and that its expiration entails automatic departure and the obligation to fill the vacancy through the appointment procedure provided for in the same regulation.
Official source
Consult complete regulation at 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-2026-15953