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Prior public consultation of the draft Royal Decree amending Annexes I and II of Law 21/2013 on Environmental Assessment.
The public consultation prior to the draft Royal Decree for the amendment of Annexes I and II of Law 21/2013, Environmental Assessment, is not a minor procedure or technical adjustment without consequences. This is a regulatory review with real potential to alter the way in which projects are planned, processed and made viable in Spain.
With the advance of new industrial developments in energy infrastructure, new industrial developments and increasing territorial pressure, this change takes on a clearly strategic character. Anticipating their impact reduces regulatory risks, optimizes deadlines and strengthens the environmental and ESG soundness of projects from an early stage.
Prior public consultation as a regulatory signal
Prior public consultation is the first step in the development of a standard. Its role is not only to gather input, but to test the fit of proposed changes in the reality of the sector before their final drafting.
In this case, the process responds to an obvious need: adapt Annexes I and II of Law 21/2013 to a technological, energy and territorial reality that has evolved significantly in recent years. The objective is clear: to improve the proportionality and efficiency of environmental assessment, without lowering the level of environmental protection.
The challenge is to find a balance between administrative agility and technical rigor, especially in projects considered strategic for energy transition and reindustrialization.
An evolving regulatory framework: Spain and the European Union
Law 21/2013 articulates the environmental assessment system around two major schemes: the regular assessment, applicable to projects included in Annex I, and the simplified assessment, provided for projects in Annex II. Amendments to these annexes may have a direct impact on which projects are evaluated, with what scope and under what procedure.
This review cannot be understood in isolation. It responds to the need for alignment with Directive 2011/92/EU, as amended by Directive 2014/52/EU, as well as with European policies resulting from the Green Pact, the DNSH principle and the ESG criteria increasingly present in project financing.
Environmental assessment thus ceases to be an exclusively legal requirement and becomes a structural factor in decision-making.
Practical implications for project processing
One of the most sensitive aspects of amending Annexes I and II is the possible redefinition of project thresholds and typologies. This may lead to changes in the type of assessment required, with direct impact on time, cost and administrative certainty.
In practice, these changes condition the planning of the project from its conceptual stage. An ill-defined environmental fit or incorrect interpretation of the applicable law can lead to retrials, significant delays or even subsequent questioning by the environmental body.
Thus, normative anticipation is consolidated as a key element of the development strategy.
Special impact on energy and industrial projects
The revision of the Annexes is particularly relevant for projects linked to the energy transition: renewable installations, waste infrastructure, storage systems, renewable hydrogen or renewable gases. In these cases, environmental assessment intersects directly with spatial planning and social perception.
Something similar happens in industrial and logistics projects, where environmental assessment is increasingly integrated into processes of environmental due diligence and ESG, conditioning investment and financing decisions. The regulatory framework acts here as a pre-filter of feasibility, not just an administrative requirement.
Keys to anticipating the impact from an ESG perspective
The prior public consultation reveals a clear trend: environmental assessment should be approached as a strategic process, not a reactive one. Monitoring policy development, early analysis of environmental impact and integration of territorial and social criteria reduce uncertainties and protect investment.
Projects that incorporate these variables at an early stage are more likely to succeed, both administratively and financially. Experience shows that a well-designed environmental assessment facilitates processing, strengthens territorial acceptance and improves consistency with ESG commitments.
At EHS Techniques we work precisely with this transversal approach, accompanying promoters, developers and investors in the normative analysis, environmental assessment and management of environmental, territorial and social risks. Our goal is not only to ensure legal compliance, but also to turn environmental assessment into a decision-making and value creation tool for the project.
If you need to analyze how the modification of Annexes I and II may affect your current or future projects, at EHS Techniques we can help you anticipate risks and define a sound environmental strategy from an early stage. Contact our team for a custom technical analysis.
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