Energy savings with fossil fuels in industry: what changes for high-consumption companies until 2030

Key data

Energy-intensive industries operating with direct combustion of fossil fuels faced until now a regulatory gap: their energy efficiency actions were excluded from the calculation of the National System of Energy Efficiency Obligations (SNOEE) and the system of Energy Savings Certificates (CAE). The Order TED/635/2026 closes that gap, establishing the concept of "high energy consumption company in the industrial sector" and allowing their savings to be valid until December 31, 2030.

The legal starting point is the exception contained in annex V of EU Directive 2023/1791. Spain now transposes it into domestic law with this order, which also acts with retroactive effect from January 1, 2024, ensuring that no legitimate savings already generated are excluded from the national calculation.

What does this regulation establish?

The order defines the concept of "high energy consumption company in the industrial sector" and sets the conditions that its actions must meet to be accounted for in the SNOEE and in alternative energy efficiency measures. The requirements are cumulative:

• Improvements must respond to recommendations from a previously conducted energy audit.
• Actions cannot increase the productive capacity of the installation.
• Actions cannot increase the energy demand of the installation.
• The investment payback plan must be equal to or less than five years.

Furthermore, the regulation modifies the requirements for requesting Energy Savings Certificates (CAE) to expressly include these actions, so that companies meeting the definition can process their CAE without procedural obstacles.

The stated objective is twofold: to prevent legitimate savings from being excluded from the national calculation and to contribute to meeting the objectives of the PNIEC 2023-2030.

Economic and operational impact

The most immediate impact is economic and opportunity-related: companies that have already executed energy efficiency actions with direct combustion of fossil fuels since January 2024 can recover the value of those savings in the form of Energy Savings Certificates (CAE), which have market value and can be transferred to obligated subjects of the SNOEE.

From an operational perspective, the changes are as follows:

For obligated subjects of the SNOEE (mainly energy retailers), this regulation expands the catalog of actions with which they can meet their annual obligations, which can reduce compliance costs if they access CAE generated by high-consumption industries.

Who does it affect?

• Energy-intensive industries that use direct combustion of fossil fuels in their production processes and have carried out or plan to carry out efficiency improvements.
• Obligated subjects of the SNOEE (gas and electricity retailers) that need to accredit final energy savings to meet their annual obligations.
• CAE system operators: companies that act as intermediaries in the generation and transfer of energy savings certificates.
• Energy auditors whose recommendations are the mandatory starting point for actions to be valid.
• CFOs and operations directors of industrial plants with high energy consumption, who must assess whether their past or future efficiency investments are eligible.

Practical example

A ceramic manufacturing plant—an energy-intensive sector with direct combustion gas natural burners—carried out a reform of its burner systems in March 2024 following the recommendations of an energy audit. The investment is amortized in 4 years (within the required 5-year limit) and has not increased either the productive capacity or the energy demand of the installation.

Before Order TED/635/2026, those savings could not be accounted for in the SNOEE or converted into CAE. With the new regulation, the company can:

1. Prove that it meets the definition of "high energy consumption company in the industrial sector".
2. Request the Energy Savings Certificates (CAE) corresponding to the savings generated since January 2024.
3. Transfer those CAE to an obligated subject of the SNOEE, obtaining an economic return on an already executed investment.

Retroactivity is key: 2024 and 2025 savings are not lost even though the regulation was published in June 2026.

What should companies do now?

1. Verify if they fit the definition: check whether the company is "high energy consumption in the industrial sector" according to the criteria of Order TED/635/2026.
2. Review actions executed since January 2024: identify energy efficiency improvements with direct combustion of fossil fuels that may be eligible, ensuring they did not increase productive capacity or energy demand.
3. Verify the existence of a prior energy audit: actions must respond to audit recommendations. If not conducted, they are not eligible.
4. Check the payback period: the investment must be amortized in 5 years or less. Documenting this data is essential for the CAE request.
5. Initiate the CAE request: with the new request requirements enabled by this order, process the certificates corresponding to accredited savings.
6. Plan future actions until 2030: the exception window closes on December 31, 2030. Any investment in efficiency with fossil fuels must be executed and documented before that date.

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-2026-13760