Key data
| Regulation | Royal Decree 453/2026, of June 3 |
|---|---|
| BOE Publication | June 5, 2026 |
| Entry into force | June 5, 2026 |
| Affected parties | Beneficiary local entities, FEMP and families of victims of the Spanish Civil War and Francoism |
| Category | Aid and Subsidies |
| Responsible Ministry | Ministry of Territorial Policy and Democratic Memory |
| Budget program | 925M |
| Enabling legal framework | Law 20/2022 on Democratic Memory |
| Type of grant | Direct (without competitive bidding) |
| Nature of State aid | Does not constitute State aid under the TFEU |
Certain Spanish municipalities and the Spanish Federation of Municipalities and Provinces (FEMP) can access direct subsidies as of June 5, 2026 to finance exhumations and identifications of victims of the Spanish Civil War and the Francoist dictatorship. The Royal Decree 453/2026 regulates this grant under the Law 20/2022 on Democratic Memory, which makes these activities a state public policy.
The operational key is that the grant is direct: there is no competitive call or bidding process. The regulation justifies this exceptional mechanism because there are no entities of similar nature that could compete, and because the public, social and humanitarian interest of the activities requires it.
What does this regulation establish?
RD 453/2026 articulates a system of public financing for the following activities:
- Search and location of remains of persons who were victims of the Spanish Civil War and dictatorship.
- Exhumation of such remains.
- Identification of the remains, when possible, using forensic techniques and DNA analysis.
The two types of beneficiaries are distinct in terms of their role:
| Beneficiary | Role | Type of aid |
|---|---|---|
| FEMP (Spanish Federation of Municipalities and Provinces) | Coordinator of an Action Plan on exhumations | Direct subsidy |
| Certain local entities (municipalities) | Direct executors of activities on the ground | Direct individualized aid |
Financing is provided by the budget of the Ministry of Territorial Policy and Democratic Memory, charged to the Budget program 925M. The regulation expressly confirms that these subsidies do not constitute State aid in the sense of the Treaty on the Functioning of the European Union (TFEU), which eliminates any obligation for prior notification to the European Commission.
The urgency of the measure is based, in addition to humanitarian interest, on an irreversible biological factor: the progressive disappearance of first-degree descendants of the victims, who are the only ones able to provide DNA samples that allow identification. Each passing year reduces the possibilities of definitive identification.
Economic and operational impact
RD 453/2026 does not set specific amounts per beneficiary in its regulatory text (these will be determined in individual grant agreements), but it does establish the framework that conditions the budget and operational management of the entities involved:
- Guaranteed financing: Beneficiary local entities do not compete for funds; allocation is direct, which reduces budget uncertainty and allows activities to be planned with greater advance notice.
- Program 925M: Spending is charged to this specific program of the Ministry of Territorial Policy and Democratic Memory, which delimits the source of funds and facilitates internal control.
- FEMP coordination: FEMP assumes coordination of the Action Plan, which implies an additional management burden for this federation and a single point of reference for participating municipalities.
- No EU notification: As it is not State aid under the TFEU, there is no risk of community incompatibility or waiting periods associated with European approval.
Who does it affect?
- Local entities (municipalities) designated as beneficiaries: Will receive individualized aid to execute search, exhumation and identification activities in their territory.
- FEMP: Assumes the role of coordinator of the Action Plan on exhumations, with responsibility for articulating and supervising the set of interventions.
- Families of victims of the Spanish Civil War and Francoism: Are the ultimate and material beneficiaries of the activities, especially first-degree descendants who can provide DNA samples for identification.
- Ministry of Territorial Policy and Democratic Memory: Acts as the granting body and budget manager of Program 925M.
- Forensic and archaeological professionals: Indirectly affected as technical executors of exhumations and identifications.
Practical example
A municipality included among the beneficiaries designated by RD 453/2026 has identified in its municipal area a mass grave from the Spanish Civil War with remains of several persons. Thanks to the direct subsidy regulated by this regulation, it can begin archaeological location work, exhumation and biological sample collection without needing to compete in a competitive call or wait for a selection process to be resolved.
FEMP, as coordinator of the Action Plan, provides the municipality with the technical and procedural framework to execute the intervention. If there are first-degree descendants of the victims still alive, their DNA samples can be cross-referenced with the exhumed remains to achieve identification. The regulatory urgency recognized in the decree reflects precisely that this type of identification becomes impossible when the last direct family members die.
What should local entities do now?
- Verify if your municipality is included among the designated beneficiaries: The grant is direct and nominative; only local entities expressly designated can access these subsidies.
- Contact FEMP: As coordinator of the Action Plan, FEMP is the point of reference for knowing technical requirements, execution deadlines and aid justification procedures.
- Review Program 925M: Identify the allocated budget items and the procedures for requesting and justifying aid to the Ministry of Territorial Policy and Democratic Memory.
- Identify graves and remains in the municipal area: Update the inventory of possible victim locations to prioritize activities within the Exhumation Plan coordinated by FEMP.
- Locate first-degree descendants: Given that the regulation recognizes the urgency due to the progressive disappearance of these family members, it is advisable to begin contacts with historical memory associations and affected families as soon as possible to ensure the viability of DNA identification.
- Consult Law 20/2022 on Democratic Memory: This law is the enabling framework for the entire system; knowledge of it is essential to understand the obligations and rights derived from subsidized activities.
Frequently asked questions
Which municipalities can receive these subsidies from RD 453/2026?
Only municipalities expressly designated as beneficiaries in Royal Decree 453/2026 itself. The grant is direct and nominative; there is no open call to any local entity. The decree justifies this mechanism because there are no entities of similar nature that could compete in a competitive regime.
Why are these subsidies granted directly and not through competitive bidding?
The regulation justifies direct granting for three reasons: the public, social and humanitarian interest of the activities; the non-existence of entities of similar nature that could compete; and the urgency derived from the progressive disappearance of first-degree descendants of the victims, the only ones suitable for DNA identification. The enabling legal framework is Law 20/2022 on Democratic Memory.
What role does FEMP play in this subsidy system?
The Spanish Federation of Municipalities and Provinces (FEMP) acts as coordinator of an Action Plan on exhumations. It receives its own direct subsidy and serves as a technical and procedural point of reference for beneficiary municipalities that execute activities on the ground.
Are these subsidies State aid under European regulations?
No. RD 453/2026 expressly establishes that these subsidies do not constitute State aid in the sense of the Treaty on the Functioning of the European Union (TFEU). This means that prior notification to the European Commission is not necessary and there is no risk of community incompatibility.
What budget item finances these subsidies?
The subsidies are financed from the budget of the Ministry of Territorial Policy and Democratic Memory, specifically charged to the Budget program 925M.
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-2026-12039