Key data
| Regulation | Order TRM/1034/2026, of 1 October |
|---|---|
| Publication | 6 October 2026 |
| Entry into force | 6 October 2026 |
| Affected parties | Railway freight transport companies operating in Spain |
| Category | Regulatory Changes / Aid and Subsidies |
| Year | 2026 |
| Maximum coverage | Up to 70% of additional fuel costs |
| Covered period | 1 March 2026 to 31 December 2026 |
| European framework | METSAF — Decision SA.122996 of the European Commission (28 July 2026) |
| Reference standards | RDL 9/2026, of 14 April; RDL 18/2026, of 29 June |
Railway freight operators that have absorbed fuel cost overruns throughout 2026 now have a concrete avenue to recover up to 70% of that additional spending. The Order TRM/1034/2026, published on 6 October 2026, develops the mechanisms for accessing the aid provided for in Royal Decree-Laws 9/2026 and 18/2026, adapting them to the Temporary State Aid Framework (METSAF) approved by the European Commission on 29 April 2026 and expressly authorized through Decision SA.122996 of 28 July 2026.
This is not automatic aid: there are eligibility requirements, mandatory documentation, and relevant exclusions that should be reviewed before taking any steps.
What does this regulation establish?
Order TRM/1034/2026 specifies how aid is applied to the railway freight sector within the framework of response to the energy crisis stemming from the Middle East conflict. It develops two previous standards — RDL 9/2026 (article 3) and RDL 18/2026 (article 28) — and adapts them to the European state aid regime to ensure their compatibility with the internal market.
The central elements it regulates are as follows:
| Element | Detail |
|---|---|
| Aid coverage | Up to 70% of additional fuel costs incurred |
| Eligible period | From 1 March to 31 December 2026 |
| Enabling European framework | METSAF, approved by the European Commission on 29 April 2026 |
| European authorization | Decision SA.122996 of the European Commission, of 28 July 2026 |
| Required documentation | Proof of actual fuel consumption + declaration of responsibility |
| Document retention period | 10 years from the granting of aid |
| General exclusion | Companies in crisis situation before 28 February 2026 |
| Exception to exclusion | Micro-enterprises and SMEs with specific conditions may access |
| Additional exclusion | Companies with illegal aid pending reimbursement |
The order does not create new aid: it specifies and adapts the aid already provided for in the previous RDLs to make them compatible with European state aid regulations, an essential condition for them to be disbursed.
Economic and operational impact
For a railway freight operator, fuel (electric or diesel traction depending on the type of traction) represents one of the main variable costs. The Middle East crisis has caused significant increases in these costs throughout 2026. The aid covers up to 70% of the cost overrun compared to pre-crisis levels, which can represent very significant financial relief for affected companies.
From an operational perspective, the regulation introduces two obligations that have direct impact on internal management:
- Declaration of responsibility regarding actual fuel consumption: companies must be able to prove with real data — not estimates — consumption during the covered period (1 March to 31 December 2026).
- Document retention for 10 years: all supporting documentation must be kept available for a decade, which means establishing specific filing processes for this aid.
Companies that have illegal aid pending reimbursement are automatically excluded, regardless of their current financial situation. This point may affect operators that have received aid in the past without meeting European requirements.
Who does it affect?
- Railway freight transport companies operating in Spain that have incurred additional fuel costs between 1 March and 31 December 2026.
- Micro-enterprises and SMEs in the railway sector that, although they were in difficulty before 28 February 2026, may access aid under specific conditions provided for in the regulation.
- Operators in sound financial situation as of 28 February 2026: they are the main eligible group without additional restrictions.
Excluded are:
- Companies in crisis situation before 28 February 2026 (except micro-enterprises and SMEs with specific conditions).
- Companies with illegal aid pending reimbursement to the European Commission.
Practical example
A medium-sized railway freight company, with sound financial situation as of 28 February 2026, proves through its consumption records that between 1 March and 31 December 2026 it has incurred €500,000 in additional fuel costs compared to pre-Middle East crisis levels.
Applying the maximum coverage of 70% provided for in Order TRM/1034/2026, this company could receive aid of up to €350,000.
To access that aid, the company must:
- Submit a declaration of responsibility regarding actual fuel consumption during the eligible period.
- Retain all supporting documentation for the next 10 years.
- Confirm that it was not in crisis situation before 28 February 2026 and that it does not have illegal aid pending reimbursement.
If the company were a micro-enterprise or SME that was indeed in difficulty before 28 February 2026, it should verify whether it meets the specific conditions provided for in the regulation for this group before submitting its application.
What should companies do now?
- Verify eligibility: confirm that the company was not in crisis situation before 28 February 2026 and that it does not have illegal aid pending reimbursement to the European Commission.
- Quantify fuel cost overrun: calculate with real data the additional fuel costs incurred between 1 March and 31 December 2026, compared to the reference period before the crisis.
- Prepare the declaration of responsibility: gather the documentation that proves actual fuel consumption during the eligible period, necessary to submit the application.
- Establish a 10-year filing system: all supporting documentation must be retained for 10 years from the granting of aid. Implementing the filing process now avoids problems in future inspections.
- Consult the full text of Order TRM/1034/2026: review the specific conditions for micro-enterprises and SMEs in difficulty, if applicable, and the concrete application procedures.
- Act with urgency: the aid covers costs until 31 December 2026. The sooner the process of documentary proof is initiated, the stronger the application will be.
Frequently asked questions
What percentage of fuel costs does the 2026 railway aid cover?
Order TRM/1034/2026 establishes coverage of up to 70% of additional fuel costs incurred between 1 March and 31 December 2026. This is the cost overrun compared to pre-energy crisis levels, not the total fuel cost.
Which companies are excluded from railway aid for the Middle East crisis?
Two categories are excluded: (1) companies that were already in crisis situation before 28 February 2026, except micro-enterprises and SMEs that meet specific conditions; and (2) companies that have illegal aid pending reimbursement to the European Commission.
How long must documentation be retained to justify the aid?
The regulation requires retaining all supporting documentation for 10 years from the granting of aid. This includes records of actual fuel consumption and declarations of responsibility submitted.
What is METSAF and why is it relevant to this aid?
METSAF (Temporary State Aid Framework) is the European framework approved by the European Commission on 29 April 2026 to allow emergency aid to sectors affected by the Middle East energy crisis. The Commission expressly authorized aid to Spanish railways through Decision SA.122996 of 28 July 2026. Without this authorization, the aid could not be disbursed.
Can SMEs in difficulty before 28 February 2026 access this aid?
Yes, but with specific conditions. The general exclusion applies to companies in crisis before 28 February 2026, but the regulation provides exceptions for micro-enterprises and SMEs that meet certain requirements. It is essential to review the full text of Order TRM/1034/2026 to know those specific conditions.
Official source
Consult full 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-2026-20744