Answer given by Mr Sinkevičius on behalf of the European Commission
25.7.2022
Projects like the one referred to in the question must comply with all applicable requirements of EU environmental law. The Environmental Impact Assessment Directive[1] ensures that environmental consequences of projects are identified and assessed before authorisation for the project is given by the competent authority.
The public can give its opinion and all the consultations must be taken into consideration. Moreover, under the Habitats Directive[2] a plan or project can only be authorised after having ascertained through an appropriate assessment that it will not have a significantly adverse effect on Natura 2000 sites.
Without prejudice to the Commission’s powers as guardian of the Treaties, Member States are primarily responsible for the correct implementation of EC law.
The projects in question are part of the investment ‘Transformation of the tourism model towards sustainability’ in Component 14 of the Spanish Recovery and Resilience Plan[3] awarding local authorities financial resources to implement ‘Territorial Plans for Tourism Sustainability at Destination’.
The Commission put in place a framework to ensure that the ‘Do no significant harm’ assessment is applied for all the measures included in the Recovery and Resilience Plan of Spain[4].
Furthermore, the selection criteria of the Territorial Plans need to ensure compliance with the ‘Do no significant harm’ Technical Guidance (2021/C58/01) through the use of an exclusion list and the requirement of compliance with the relevant EU and national environmental legislation in line with the requirements of the Council Implementing Decision[5].
- [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, OJ L 26, 28.1.2012, p. 1-21, as amended by Directive 2014/52/EU of 16 April 2014. OJ L 124, 25.4.2014, p. 1-18.
- [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.
- [3] https://planderecuperacion.gob.es/politicas-y-componentes/componente-14-plan-de-modernizacion-y-competitividad-del-sector-turistico
- [4] https://ec.europa.eu/info/business-economy-euro/recovery-coronavirus/recovery-and-resilience-facility/spains-recovery-and-resilience-plan_en
- [5] https://data.consilium.europa.eu/doc/document/ST-10150-2021-ADD-1-REV-2/en/pdf