Spain: Commission pursues legal action over breaches of EU environmental law

The European Commission is taking legal action against Spain in two cases involving EU environment law. The Commission is asking Spain to comply with a ruling by the European Court of Justice, which condemned Spain in 2003 over a number of uncontrolled waste disposal sites. These sites pose a threat to human health and the environment. In the second case, the Commission is referring Spain to the European Court of Justice for failure to carry out an appropriate environmental impact assessment (EIA) for the construction of an airport next to a protected area for birds.



Failure to act over illegal waste disposal sites



In June 2003, the European Court of Justice ruled[1] that five waste disposal sites in Spain were illegal and in breach of the EU‘‘s Waste Framework Directive[2].



The Commission‘‘s investigation of complaints showed that waste was dumped in these landfills without any prior treatment, and that none of these sites were equipped with systems to seal the area and recover dangerous liquid leaks, which contaminate soil and can also pollute groundwater and surface water. The Waste Framework Directive requires Member States to ensure that the disposal and recovery of waste does not present a risk to human health, animals and plants and does not pollute water, air, and soil. Member States must make sure that waste operators are licensed on condition that their operations fulfil these requirements, and they must periodically inspect the sites.



Since the Court ruling, problems continue to persist with three sites:



· The authorities have closed and sealed the landfill at Torreblanca-Fuengirola (Málaga). But it still does not hold a permit in the sense of the EU‘‘s Waste Framework Directive. This is an obligation that in the Commission‘‘s opinion applies to both open and closed landfills since former landfills may present a risk to human health and the environment unless they are properly managed and monitored. Licensing is the most appropriate instrument to ensure this. In addition, the Commission considers that the monitoring activities described by the authorities as taking place at the site cannot be regarded as appropriate periodic inspections of the possible negative environmental effects produced by the landfill. ·

· The procedure for closing and sealing the landfill at Santalla del Bierzo (León) has not yet been completed, which the authorities acknowledge. * In addition, the landfill has also not yet been licensed, like the landfill at Torreblanca-Fuengirola, which the Commission believes is necessary to ensure that it does not present risks to human health and the environment after closure.

· Finally, in relation to the site at Ca na Putxa-Sa Roca (Ibiza), the authorities have not yet completed the works foreseen in the conditioning plan, which will bring the landfill in compliance with the requirements under the Waste Framework Directive. The authorities are aware of this, and they have also reported that authorisation has been requested.



In all three cases, the Commission considers that more needs to be done to properly protect the environment and human health. It has therefore sent Spain a final written warning asking it to take measures to solve the remaining problems and comply with the Court ruling. If the Commission is not satisfied with Spain‘‘s response it could bring the case again before the European Court of Justice and this time ask for a financial penalty to be imposed.



Legal Process



Article 226 of the Treaty gives the Commission powers to take legal action against a Member State that is not respecting its obligations.



If the Commission considers that there may be an infringement of EU law that warrants the opening of an infringement procedure, it addresses a “Letter of Formal Notice” (first written warning) to the Member State concerned, requesti