New Royal Decree for the protection of birds from energy infrastructures

The period of public participation opened on March 12, 2025 of the Draft Royal Decree establishing measures for the protection of avifauna against collision and electrocution in high-voltage power lines and for the prevention of mortality in wind turbines, which will replace the Royal Decree 1432/2008, enacted on August 29, currently in force.

Why a new royal decree is needed

The current framework in the field of industrial safety, with regard to the protection of birds from the dangers arising from collisions and electrocutions in high-voltage power lines, is governed by the Royal Decree 1432/2008.

This legislation establishes technical specifications for overhead high-voltage power lines with bare conductors, in order to significantly reduce risks to avifauna. By achieving this objective, it also contributes to the improvement of the quality of the electricity supply.

However, after several years of application of the previous Royal Decree, it is considered necessary to repeal it and replace it with new regulations that clarify aspects related to its implementation, integrate subsequent legal provisions and adapt both to current conditions and to the best available techniques for the protection of wildlife.

This has led to the need for extend protection measures to all high voltage lines. In addition to risks related to power lines, it has been identified that wind turbines they also pose a serious danger to flying fauna due to collisions and barotraumas (injuries caused by air pressure in the passage of the wind turbine blades).

Scope of application: what infrastructures does it affect?

For this reason, the new Royal Decree introduces specific measures to reduce mortality in new wind farms and correct high-risk situations in existing wind farms.

Based on all this, the scope of application of the new Royal Decree would be as follows:

• For power lines, the Royal Decree applies to all New lines of high voltage with naked drivers, for modifications, extensions or if they do not have an approved project,
• In the case of existing lines, will also only apply to overhead high voltage power lines with bare conductors if they are located in Protection Zones or outside of these areas, If there is evidence of electrocution of avifauna by a law enforcement agent
• For its part, for wind turbines it will apply to all New wind farms, whose authorization is after the entry into force of the standard, while, for those already authorized regardless of their location, the measures of the Article 11, which refers to the Monitoring mortality in wind farms And the adaptive management of the same.

For the purposes of this Royal Decree, protection zones are considered to be:

• Territories designated as Special Protection Areas for Birds (WEDGE)
• The fields of application of recovery and conservation plans prepared by the autonomous communities for the bird species included in the Spanish Catalogue of Threatened Species or in the regional catalogues
• Las priority areas of reproduction, feeding, dispersion and local concentration of those bird species included in the Spanish Catalogue of Threatened Species, or in regional catalogues

Main news of the new Royal Decree

Measures for wind farms

One of the main innovations of this Royal Decree compared to the previous one, is its application to new wind farms, and to parks Authorized already existing through mortality monitoring (Article 11).

Preventive measures to reduce the chance of collision

In new wind farms in addition to those indicated in the Environmental Impact Statement, a series of implementing measures are established:

• Automatic wind turbine shutdown systems or observers onsite, to detect risky flight paths and to be able to trigger stops.
• Routine stops to reduce bat mortality under weather conditions that allow night flight during the months of July to October, speeds less than or equal to ≤ 6 m/s at the height of the hub.

Monitoring mortality in wind farms

It is established that all wind farms should carry out sampling to monitor wildlife mortality caused by collisions or barotrauma, and allowing the estimation of the actual mortality of wildlife species attributed to each wind turbine.

The Ministry for the Ecological Transition and the Demographic Challenge (MITECO), in collaboration with the autonomous communities, will develop a Wind Farm Mortality Monitoring System, which will harmonize the information collected. This system will also make it possible to comply with environmental assessments, establish appropriate methodologies and formats for collecting information. However, until it is developed, at least the following information will be included:

• Geographic location of the finding
• Identification of the species found
• Date of discovery
• Characteristics of the infrastructure where mortality has occurred.

Measures for power lines

With regard to power lines a series of measures are established in this regard to minimizing electrocutions and collisions.

Electrocution reduction measures

The former focus on the Cross-cross design And the safety distances, as well as in the type of insulators (which will be suspended). The main differences with respect to the previous Royal Decree in this regard would be that minimum safety distances are established in a more specific way, in addition to clearly including the prohibition of rigid insulators, and including some exceptions.

Collision reduction measures

With regard to collisions the main action would correspond to the installation of Bird saving measures, being mandatory for new construction lines and for existing ones, in the event that, if a bird collision has previously been detected, these measures are much more defined than in the previous Royal Decree.

Other Considerations

Other points to consider would be the need for greater development in power line projects (cartography, description of supports and systems to be installed), or the prohibition of carrying out maintenance during the nesting, breeding and rearing season of birds that may be affected with emergency exceptions.

Finally, it should be noted that these measures are of enforcement For the New lines, but also for existing lines, in the event that they are located in Protection Zones or, if there are Verification of electrocution of avifauna by an agent of the authority, although it does not make clear how this assumption will be articulated (responsible, deadlines).

From Environmental Ideas we will follow the final development of this Royal Decree, as well as, as is its final wording, due to its important application in technical reports and associated environmental studies of projects in these sectors (mainly renewable energies and associated evacuation lines).

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