Commuting surveys, work schedules and site records already give companies a starting point for Spain’s sustainable mobility law. Organising these records helps identify affected workplaces, compare transport costs and prepare a Plan de Movilidad Sostenible al Trabajo (PMST) without rebuilding the same information for every request.
Spain’s sustainable mobility law is here, and the clock is ticking
Spain’s Ley 9/2025 de Movilidad Sostenible, published on 4 December 2025 and effective from 5 December, requires qualifying workplaces to have a sustainable commute plan. RDL 7/2026 shortened the original 24-month period to 12 months, making 5 December 2026 the deadline to have the plan in place.
Approval and communication are separate milestones. Article 27 allows 3 months from approval to communicate the plan to the competent autonomous-community authority, which incorporates it into EDIM, the integrated mobility data space. A company should document the approval date, communication receipt and follow-up calendar separately.
For teams already measuring Scope 3 emissions, employee commuting records can support both Category 7 calculations and the PMST diagnostic. Reusing those records saves collection work; it does not replace negotiation, legal assessment or approval.
Who must comply with the PMST requirement
Article 26, rather than Article 25, governs workplace PMSTs. The thresholds apply to each workplace, including qualifying public-sector workplaces:
- More than 200 workers at the workplace.
- More than 100 workers per shift, following the Ministry’s published interpretation. This shift criterion concerns workplaces with successive shifts; a single-shift workplace is assessed against the general threshold of more than 200.
The Ministry’s PMST guidance is interpretative, not a replacement for the law. Assigned remote workers, temporary employment and seasonal peaks require a documented headcount assessment. Contractor personnel are assessed with their employer, rather than automatically added to the host’s workforce. A group plan must still identify each qualifying workplace and its measures.
A vehicle fleet or a location within a low-emission zone does not, by itself, create this Article 26 obligation. Large activity centres fall under the separate Article 25 regime, with designation criteria, an 18-month preparation period from publication of those criteria, 5-year reviews and a mobility manager.
Workplaces with more than 1,000 workers in municipalities or metropolitan areas with more than 500,000 inhabitants must also include measures to reduce peak-hour traffic and promote low- or zero-emission mobility.
Tip: Keep a separate checklist for workplace scope, plan approval and communication. Record the headcount date, approval date and submission receipt so the 3-month communication period and 2-year review are calculated correctly.
What the PMST must contain
The sustainable commute plan is not a generic mobility statement. Article 26 specifies a structured document with a mandatory diagnostic phase followed by concrete action measures.
Diagnostic phase
Map how employees currently commute using a documented diagnostic. The following records help build that assessment:
| Data point | Source |
|---|---|
| Transport mode used by each employee | Mobility survey |
| Commuting distances | Mobility survey |
| Work schedules and shift patterns | HR / payroll systems |
| Reason for transport choice | Mobility survey |
| Perceived commuting risks | Mobility survey |
| Accident history (in itinere and in mission, relevant analysis period) | Occupational health records |
6 Action areas for the plan
Once the diagnostic is complete, the PMST must include measures across these categories:
- Active mobility: walking and cycling infrastructure (bike parking, changing rooms, showers)
- Collective transport: company shuttle buses, coordination with public transit networks
- Low-emission vehicles: EV incentives, charging point installation, hybrid fleet policies
- Carpooling programs: shared commuting schemes between employees
- Telework and flexible scheduling: remote work policies that reduce commuting demand
- Road safety protocols: measures to reduce commuting accidents
Governance requirements
- Negotiate the plan with worker representatives. Where none exist, follow the legally specified trade-union commission procedure; cooperatives have their own approval provision.
- Communicate the approved plan to the competent autonomous-community authority within 3 months of approval, for incorporation into EDIM. Do not treat EDIM as a separate universal company filing deadline of 5 December.
- Prepare the first follow-up report 2 years after approval, then repeat it every 2 years. The date depends on actual approval, not a fixed December 2028 date.
- Distinguish these workplace duties from the mobility-manager and review rules for large activity centres under Article 25.
Penalties for non-compliance
Articles 105 to 107 distinguish the following infringements and sanctions. The conditions attached to each infringement matter:
| Infraction level | Relevant conduct | Fine range | Limitation period |
|---|---|---|---|
| Minor | Missing plan or follow-up report when this harms the mobility system; incomplete EDIM data causing serious harm to the service | €101 to €2,000 | 6 months |
| Serious | False EDIM data; repeated failure to supply data; 2 final minor infringements within 1 year | €2,001 to €6,000 | 3 years |
RDL 7/2026 also links certain direct aid to having the required plan. An obligated beneficiary covered by that condition may have to repay the aid if it does not have the plan. This is a specific aid condition, not automatic repayment of every public subsidy.
Keep evidence of negotiation, approval, communication and subsequent monitoring. A survey alone does not demonstrate that all legal duties have been met.
The current approval and communication deadlines
The consolidated law sets 5 December 2026 as the deadline to have the workplace plan in place. The earlier December 2027 date has been superseded by RDL 7/2026; companies should use the current consolidated deadline when scheduling approval.
Plan approval, communication within 3 months and the first follow-up 2 years after approval are distinct events. Assign an owner and retain evidence for each rather than placing them all under a single registration date.
How Scope 3 data powers your PMST diagnostic
Here is where ESG reporting and regulatory compliance converge. Companies measuring greenhouse gas emissions under the GHG Protocol already collect employee commuting data for Scope 3, Category 7 (Employee Commuting).
The standard mobility survey used for carbon footprint calculations captures:
- Transport mode (car, public transit, bike, walking, etc.)
- Commuting distance (home-to-workplace, one-way or round-trip)
- Frequency (days per week commuting vs. remote)
These 3 data points can support the diagnostic alongside workplace headcounts, shifts, access conditions and road-safety information. The plan must address the workplace’s actual mobility needs; the law does not prescribe a universal fixed survey or a mandatory 5-year accident-history period for every company. Use suitable accident records from occupational health and safety teams and explain the period selected.
Dcycle’s automated data collection helps structure environmental data for reuse across the mobility diagnostic, emissions calculations and operational decisions. The company remains responsible for determining scope, negotiating, approving and communicating its plan; the platform does not guarantee legal compliance.
6 Practical steps to prepare your PMST
Rather than treating the PMST as a standalone project, integrate it into your existing sustainability workflow:
1. Audit your current mobility data
Review what your Scope 3 Category 7 calculations already capture. If you are using Dcycle, your mobility survey data covers transport modes and distances. Identify the gaps: shift data, transport choice reasoning, and perceived commuting risks.
2. Extend the workplace mobility survey
Add the PMST-specific questions to your next employee survey cycle. This avoids survey fatigue by combining environmental and mobility data collection into a single exercise.
3. Review road-safety and accident records
Ask the occupational health and safety team for relevant commuting and work-related road-accident records. Choose a justified analysis period, document the source and use the findings to prioritise safety measures. Do not describe a 5-year history as a universal statutory requirement.
4. Negotiate with worker representatives
Open formal negotiations with worker representatives and keep a record of the process. Where there is no representation, follow the applicable trade-union commission procedure. The amendment to collective bargaining concerns negotiating committees constituted from 5 December 2025; it is not a substitute for negotiating the workplace plan.
5. Draft and approve the PMST
Use the diagnostic data to build a plan covering all 6 mandatory action areas. Prioritize measures that address the highest-impact commuting patterns identified in your survey.
6. Communicate the approved plan
Send the approved plan to the competent autonomous-community authority within 3 months of approval, using the applicable procedure. Keep the submission receipt and schedule the first follow-up for 2 years after approval. Incorporation into EDIM does not replace keeping your own evidence.
Why this matters beyond compliance
Commuting emissions vary considerably by workforce, location and transport patterns. Establish a measured baseline rather than assuming a universal percentage of the corporate footprint. Compare mode share, journey distances, vehicle occupancy and commuting frequency before choosing measures.
Reusing environmental data for reporting and business decisions also supports transport-cost analysis, discussions with worker representatives and subsequent reviews. Reduced commuting activity can lower emissions, but each measure must be assessed against the actual diagnostic and the plan’s objectives.
Conclusion: use workplace data to deliver the plan
Start by identifying qualifying workplaces, documenting headcounts and assigning responsibility for negotiation and approval before 5 December 2026. Record communication within 3 months of approval and schedule the 2-year follow-up as separate milestones.
A shared, traceable mobility dataset helps finance, HR, operations and emissions teams work from the same baseline. Dcycle structures that environmental data for reuse, while the company retains responsibility for the plan and its legal duties.
See how Dcycle structures commuting data for mobility analysis, emissions calculations and operational decisions.
Request a demoFrequently asked questions (FAQs)
Which workplaces need a PMST?
Article 26 applies per workplace: more than 200 workers, or more than 100 per shift under the Ministry’s interpretation for successive shifts. Qualifying public-sector workplaces are included. Do not aggregate all group employees without assessing each workplace.
Does a single shift trigger the 100-worker threshold?
The Ministry’s interpretation reserves the shift criterion for successive shifts. A workplace operating only 1 shift is assessed against the general threshold of more than 200 workers.
What is the deadline to have the plan?
The deadline is 5 December 2026, following the reduction from 24 to 12 months under RDL 7/2026. Having the plan in place and communicating it are distinct duties.
When and where is the approved plan communicated?
Within 3 months of approval, communicate the plan to the competent autonomous-community authority, which incorporates the information into EDIM. Retain evidence of submission.
When is the first follow-up report due?
The first report is due 2 years after approval and subsequent reports every 2 years. Calculate the schedule from the actual approval date.
Do a fleet or a low-emission zone automatically trigger a PMST?
Neither circumstance alone establishes the workplace obligation under Article 26. Check the workforce thresholds and assess any separate sectoral, local or large-activity-centre duties independently.
Does a carbon-footprint survey guarantee compliance?
No. It can supply reusable commuting data, but it does not replace scope assessment, negotiation, plan approval, communication or follow-up. The company remains responsible for those duties.
