The Junta de Andalucía has officially transferred to the European Commission that the proposed Law of PP and Vox that the regional Parliament is processing to regularize the irrigation of the Corona Norte de Doñana "does not pose any threat to compliance with the sentence" of the Court of Justice of the EU (TJUE) that demands the protection of the wetland "nor for the conservation of the natural space of Doñana" because the text "makes it clear that the Doñana aquifer is neither touched nor affected".
This is how the general director of Protected Natural Areas of the Junta, José Enrique Borrallo, defends it in a report sent to the permanent representative ambassador of Spain to the European Union in response to the letter of the general director of Environment of the European Commission, Florika Fink -Hooijer, who warned about the possible effect of the proposed Law on compliance with the CJEU ruling.
In the letter, the Board alleges that the proposed Law, which seeks to "provide a solution to the social problem that coexists in the Condado de Huelva region" since the approval of the Special Management Plan for irrigated areas located north of the Crown Forestal de Doñana in 2014. "It is not an initiative of the Andalusian Government, but of Parliament itself, a reflection of the necessary division of powers that must inspire every democratic system," the letter asserts despite the fact that the popular ones have an absolute majority in the chamber, allowing them to pass laws without the support of other parties.
In this sense, it adds that the proposed Law "now continues its corresponding parliamentary process, submitting to a presentation process in which the different groups with representation in the autonomous Chamber may present amendments, which must be voted on and approved, after hearing to the social agents affected by the proposal, having to subsequently submit to a final vote in the plenary session of the Andalusian Parliament".
"Therefore, the mere processing of this bill does not directly or indirectly imply any effect on compliance with the sentence, since, at this time, the final result of the text that will finally be approved in parliament is unknown, after all the amendments presented by the different parliamentary groups to enrich the text of the Law", stresses the Andalusian Government.
Along with this, the Board explains that the Special Planning Plan for the North Crown of Doñana in 2014 is a "land planning plan" and its possible modification "does not entail in any way the granting of a water concession to be able to exercise irrigation in the area" and the proposed Law "simply establishes a classification of irrigable agricultural land, always with surface water, and provided that there is such availability in the future", for which reason "it does not affect the increase in extraction of underground resources, since it does not grant a water concession to said lands, nor does it allow an increase in the extraction of underground water resources".
"Since 2019, the number of disciplinary proceedings in forestry matters in compliance with the Plan have quadrupled, so the approval of this bill does not mean amnesty for any offender," stresses the Executive of Juanma Moreno, who recalls that "The Spanish sanctioning regime is extremely guarantee-oriented, and sometimes, the resolution of these files does not conclude with the agility that would be desirable on the part of the Administrations, as occurs with the closure of illegal wells or the withdrawal of crops on land without classification of agricultural land" .
Finally, the letter sent to the European Commission indicates that the Board has repeatedly proposed "to the Government of Spain the constitution of bilateral technical commissions to work together to end the current threats to Doñana and guarantee its ecological values for future generations. , making the sustainable development of the environment of the Doñana Natural Area compatible; as well as to explain the measures of both Administrations for compliance with the Judgment".
"In addition, the possibility of going jointly to the European institutions has been offered to explain in detail the object of the proposed Law, to make it clear that it does not pose any threat to compliance with the sentence, nor to the conservation of the natural area of Doñana", concludes the report signed by Borrallo, which also attaches a letter sent in this regard by the President of the Board, Juanma Moreno, to the Third Vice President of the Government and Minister for the Ecological Transition and Demographic Challenge, Teresa Ribera.
In that letter, Moreno proposed that Ribera agree on a joint delegation to explain the proposal that the Junta de Andalucía intends to carry out in Doñana and that "does not affect the aquifer" after stressing that "the bill does not affect a single square centimeter of all Doñana Natural Area, neither a National Park nor a Natural Park, but is located to the north of the Forest Crown".
"Everything that surrounds Doñana deserves a detailed analysis and that is why the proposing parliamentarians have taken special care in drafting the text, relying not only on experts, but also on staff who manage the Natural Area and officials who monitor the Plan of the Corona Forestal, but also listening to those who live in the territory, who are interested in protecting their environment and livelihood," says the president of the Board.
Likewise, Moreno warns the minister that "the current situation must be resolved urgently since the aquifer can no longer hold" and reiterates that the proposed Law "does not pose any threat" to compliance with the CJEU ruling because "it does not affects the aquifer. "From here I propose that my Government and your Ministry agree on a joint delegation to explain in detail the purpose of this bill to the Commission, as well as to establish in detail the measures that both administrations are going to carry out to comply with the verdict," he concludes.
