Immediate freeze on the Marismas Occidental gas storage sub-project and opening of infringement proceedings for failure to protect the Doñana natural park

Subject: Immediate freeze on the Marismas Occidental gas storage sub-project and opening of infringement proceedings for failure to protect the Doñana natural park

Some weeks ago, the Spanish Government approved a EUR 6.3 million payment to the company Gas Natural Fenosa, which is managing the project for the storage of gas in the Doñana park subsoil. This shows that the project is still running despite the fact that no overall impact assessment has been conducted on the four sub-projects of which it consists, since – unlawfully – in order to conceal the real impact of the project the assessment was split, thereby contravening Directive 2011/92/EU on environmental impact assessment.

Besides the lack of a joint assessment, no account has been taken of the high systemic risk inherent in the project or of the dangers of potential flooding it entails, as is pointed out in two new reports by the Consejo Superior de Investigaciones Científicas (High Council of Scentific Research) and the Instituto Geológico y Minero de España (Spanish Institute of Geology and Mining).

1. Will the Commission require the Spanish Government to immediately freeze the Marismas Occidental project, owing to the lack of a joint impact assessment, and to consider the above- mentioned reports?

2. Will it open infringement proceedings against the Spanish Government for failing to protect the Doñana natural park, which is the nature reserve receiving the most EU funding and which, according to UNESCO, is now in danger owing to the failure to meet environmental protection recommendations?

Answer given by Mr Vella on behalf of the Commission

(21 March 2018)

From the information available to the Commission, it appears that the four projects for gas exploitation and storage at stake have been made subject to separate environmental impact assessments whereby the cumulative effects of the projects have been taken into account. According to the conclusions of the respective assessments, none of the projects would adversely affect the integrity of the Natura 2000 sites concerned, either individually or in combination with the rest of the projects.

The Commission is not aware of any scientific evidence that could question the conclusions of the assessments carried out by the Spanish authorities. There is therefore no indication of an infringement of the relevant provisions of the Environmental Impact Assessment (1) and Habitats (2) Directives in this case. Consequently, the Commission does not intend to launch infringement procedures against Spain at this point.

Accordingly, the Commission cannot require the suspension of the only project for which development consent has been granted. It should be moreover noted that only the Court of Justice of the European Union may order such interim measures, at the request of the Commission.

⋅1∙ Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on

the environment Text with EEA relevance — OJ L 26, 28.1.2012, p. 1‐21.

⋅2∙ Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora — OJ L 206, 22.7.1992, p. 7‐50.