The European Commission has warned Spain that it will make every effort to ensure that the Spanish authorities comply with the June 2021 ruling requiring measures to protect the Doñana natural area. Likewise, it is totally contrary to the intentions contained in the bill presented in the Andalusian Parliament and which involves taking steps to regularize illegal irrigation in the surroundings of this protected enclave.
The European Commission responds in a new letter on the Doñana bill that is being processed by the Andalusian Parliament, noting that the Spanish Government is the one that has the power to ensure compliance with European laws; so, if you do not abide by them, you will face fines.
"The Commission is aware of the bill submitted to the Parliament of Andalusia" and "has requested clarification from the Spanish authorities," says the European Commissioner for the Environment, Virginijus Sinkevicius, in response to a question posed by the socialist group in the European Parliament.
"The Commission services have also warned that, if approved under the announced terms, this legislative proposal (from PP and Vox) could contravene applicable community environmental legislation," says the commissioner.
"In that case, the Commission would consider, as Guardian of the Treaties, the use of all means available under the Treaties to ensure that the Kingdom of Spain effectively complies with the judgment of the Court of Justice of the EU."
Likewise, it emphasizes that "the national provisions to guarantee that Spain takes the necessary measures to comply with the aforementioned judgment of the Court are the responsibility of the national authorities."
The question was formulated by the socialist deputies César Luena and Javi López.
After learning about the PP and Vox bill (presented on March 3), the European Commission already sent a letter to the Spanish government warning that, if the processing of this bill is successful under the terms announced, it will be would be producing "a flagrant violation of the provisions of the judgment of the Court of Justice" of June 2021.
In that ruling, Spain was condemned by the Court of Justice of the European Union for failing to comply with its obligations derived from the Water Framework Directives and the Habitat Directive. He was condemned for the excessive and illegal extraction of water for crops and for "not having foreseen any measure to avoid the alteration caused" by these captures on priority habitats.
The risk that exists is that the Commission initiates a new procedure which, in this case, would already entail a sanction. Spain is already paying millions in fines, for example, for insufficient wastewater treatment.
The European Commission, specifically, reserves the possibility of adopting "all necessary measures, including the filing of a new appeal before the Court of Justice in which it would request that financial penalties be imposed."
