The European Commission did not like how Spain has imposed the V16 beacon. That has potential consequences.

The V16 beacon has generated all a wave of criticismboth because of its obligation, and because their capabilities and legislation around it. In this last aspect, the European Commission has confirmed that Spain did not follow the mandatory notification procedure before imposing the connected beacon. From here, the consequences can range from a formal infringement procedure to Spanish courts refusing to apply the rule.

It is mandatory, but Brussels has a different opinion. Since January 1, 2026, drivers in Spain are required to carry a V16 beacon connected that, in the event of a breakdown or accident, allows the DGT to geolocate the vehicle.

Just like account the executive vice-president of the European Commission, Stéphane Séjourné, in response to the parliamentary question of the PP MEP Dolors Montserrat, this obligation was established by two royal decrees: the 159/2021 and the 1030/2022. The problem is that, according to Séjourné, neither of them was communicated to Brussels before their adoption, something that European legislation expressly requires.

Why does that matter? There is a European directive, 2015/1535which obliges Member States to notify the European Commission of any draft technical regulation before approving it. The objective is that both the Commission and the rest of the EU countries can analyze it and detect if it could cause problems for trade or contradict community law. If a State does so, it has a waiting period of three months before being able to adopt the standard. And Séjourné suggests that Spain would have skipped this step entirely.

What the Commission has said. The executive vice president of the European Commission confirmed in its response expressly that the Spanish royal decrees “have not been notified in accordance with the procedure of Directive (EU) 2015/1535”. Furthermore, it also warns that, if a Member State fails to comply with this obligation, the Commission “may open a formal infringement procedure under the article 258 of the Treaty on the Functioning of the EU”.

lJudges may not apply the rule. Beyond the sanctions that the alleged infringement may entail, the Commission recalls that the Court of Justice of the EU has already established in its jurisprudence that “national courts must refuse to apply technical regulations that have not been properly notified.” In other words: if you as a Spanish driver They fine you for not carrying the V16 beacon You could, in theory, challenge that sanction by alleging precisely this failure to notify.

Minterior market Brussels also warns of another aspect. As the use of danger signaling devices is not harmonized at the European level, each State can regulate according to its traffic regulations. But when very specific technical requirements are imposed on what that device must be like, as is the case with the beacon and its mandatory connectivity, Séjourné warns that this can “become a restriction on free trade within the internal market”, something that would violate article 34 of the TFEU.

And now what. The issue, like many others in the country, has become another debate of political colors. Montserrat has demanded the Government to “immediately clarify this situation and act with transparency.” In the absence of knowing more details about it, it seems that we will have to wait to find out if the beacon may end up causing more problems than necessary.

Cover image | Guillaume Perigois and DGT

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