The CNMC positively assesses the forthcoming Ministerial Order enabling the liberalization of rail passenger services subject to public service obligations in Spain.

Currently, all public services are provided under a contract awarded to Renfe Viajeros without prior tender, unlike in other European countries like Germany and France.

The first competitive bidding process is set to cover at least 3% of the contract value, with the aim of having services operational by January 1, 2026, allowing new entrants to gain experience in complex tender processes.

The CNMC recommends a gradual liberalization of public services to ensure success, suggesting the prompt publication of a schedule to provide transparency and uniform competitive conditions across all processes.

When administrations consider direct awards for public service provision, the CNMC will evaluate if such decisions align with EU Commission Guidelines, emphasizing the importance of consulting the CNMC on tender terms to ensure a level playing field for all participants.