COMMISSION STAFF WORKING DOCUMENT The EU Environmental Implementation Review Country Report - SPAIN Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions The EU Environmental Implementation Review: Common Challenges and how to combine efforts to deliver better results
Date: 2017-02-03
Institutions: Directorate-General for Environment, European Commission
Subjects: EU environmental policy, EU initiative, Spain, application of EU law, environmental law, environmental protection, pollution control measures

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 3.2.2017  SWD(2017) 42 final   COMMISSION STAFF WORKING DOCUMENT The EU Environmental Implementation Review Country Report - SPAIN   Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions The EU Environmental Implementation Review: Common Challenges and how to combine efforts to deliver better results   {COM(2017) 63 final} {SWD(2017) 33 - 41 final} {SWD(2017) 43 - 60 final}  
 
 
Spain  2 

This  report  has  been  written  by  the  staff  of  the  Directorate-General  for  Environment,  European 
Commission. Any comments are welcome to the following e-mail address: ENV-EIR@ec.europa.eu  

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For reproduction or use of these photos, permission must be sought directly from the copyright holder. 

©European Union, 2017 

Reproduction is authorised provided the source is acknowledged. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Spain  3 

Table of Content 

EXECUTIVE SUMMARY .................................................................................................................................... 4 

PART I: THEMATIC AREAS ............................................................................................................................... 6 

1. 

TURNING  THE  EU  INTO  A  CIRCULAR,  RESOURCE-EFFICIENT,  GREEN  AND  COMPETITIVE  LOW-
CARBON ECONOMY ............................................................................................................................... 6 

Developing a circular economy and improving resource efficiency ..................................................... 6 
Waste management .............................................................................................................................. 8 

2. 

PROTECTING, CONSERVING AND ENHANCING NATURAL CAPITAL ..................................................... 10 

Nature and Biodiversity ....................................................................................................................... 10 
Green Infrastructure ........................................................................................................................... 13 
Soil protection ..................................................................................................................................... 14 
Marine protection ............................................................................................................................... 15 

3. 

ENSURING CITIZENS' HEALTH AND QUALITY OF LIFE .......................................................................... 17 

Air quality ............................................................................................................................................ 17 
 ................................................................................................................................................. 18 
Noise 
Water quality and management ......................................................................................................... 18 
Enhancing the sustainability of cities .................................................................................................. 21 
International agreements ................................................................................................................... 22 

PART II: ENABLING FRAMEWORK: IMPLEMENTATION TOOLS ..................................................................... 23 

4.  MARKET BASED INSTRUMENTS AND INVESTMENT ............................................................................ 23 

Green taxation and environmentally harmful subsidies ..................................................................... 23 
Green Public Procurement .................................................................................................................. 24 
Investments: the contribution of EU funds ......................................................................................... 25 

5. 

EFFECTIVE GOVERNANCE AND KNOWLEDGE ...................................................................................... 28 

Effective governance within central, regional and local government ................................................. 28 
Compliance assurance ......................................................................................................................... 30 
Access to Information, knowledge and evidence ............................................................................... 32 

Environmental Implementation Report – Spain 

 
 
 
Executive summary 

Spain  4 

About the Environmental Implementation Review 

launched 

reports  describing 

In  May  2016, 
the 
the  Commission 
Environmental  Implementation  Review  (EIR),  a  two-year 
cycle  of  analysis,  dialogue  and  collaboration  to  improve 
the  implementation  of  existing  EU  environmental  policy 
and  legislation1.  As  a  first  step,  the  Commission  drafted 
28 
the  main  challenges  and 
opportunities on environmental implementation for each 
Member  State.  These  reports  are  meant  to  stimulate  a 
positive debate both on shared environmental challenges 
for  the  EU,  as  well  as  on  the  most  effective  ways  to 
address the key implementation gaps. The reports rely on 
the detailed sectoral implementation reports collected or 
issued  by  the  Commission  under  specific  environmental 
legislation  as  well  as  the  2015  State  of  the  Environment 
Report  and  other  reports  by  the  European  Environment 
Agency.  These  reports  will  not  replace  the  specific 
instruments  to  ensure  compliance  with  the  EU  legal 
obligations. 

The  reports  will  broadly  follow  the  outline  of  the  7th 
Environmental Action Programme2 and refer to the 2030 
Agenda 
related 
for  Sustainable  development  and 
Sustainable Development  Goals  (SDGs)3  to  the  extent  to 
which  they  reflect  the  existing  obligations  and  policy 
objectives of EU environmental law4. 

The  main  challenges  have  been  selected  by  taking  into 
account factors such as the importance or the gravity of 
the  environmental  implementation  issue  in  the  light  of 
the  impact  on  the  quality  of  life  of  the  citizens,  the 
distance to target, and financial implications. 

The  reports  accompany  the  Communication  "The  EU 
Environmental  Implementation  Review  2016:  Common 
challenges  and  how  to  combine  efforts  to  deliver  better 
results", which identifies challenges that are common to 
several Member States, provides preliminary conclusions 
on  possible  root  causes  of  implementation  gaps  and 
proposes  joint  actions  to  deliver  better  results.  It  also 
groups in its Annex the actions proposed in each country 
report to improve implementation at national level. 

General profile 

During  the  last  decades,  the  implementation  of  the  EU 

1 Communication "Delivering the benefits of EU environmental policies 
through a regular Environmental Implementation Review" 
(COM/2016/ 316 final). 
2 Decision No. 1386/2013/EU of 20 November 2013 on a General Union 
Environmental Action Programme to 2020 "Living well, within the 
limits of our planet". 
3 United Nations, 2015. The Sustainable Development Goals  
4 This EIR report does not cover climate change, chemicals and energy. 

environmental 
law  and  policy  has  contributed  to 
preserve  and  to  improve  the  environment  in  Spain, 
thanks also to the significant assistance from EU funding. 
Nevertheless, overall environmental implementation and 
enforcement  represent  a  challenge  for  this  Member 
State. Spain is an outstanding reference within the EU in 
terms  of  natural  capital,  which  provides  opportunities 
but  implies  a  special  responsibility  too.  Spain  faces 
considerable challenges in the areas of water and waste 
management  and  air  quality.  The  coordination  and 
cooperation  among  the  different  competent  public 
administrations  could  be  strengthened  and  sustainable 
development  could  be  further  mainstreamed  into  other 
policy areas. The green growth might also rank higher on 
the political agenda. 

Main Challenges 

three  main 

The 
to 
implementation  of  EU  environmental  policy  and  law  in 
Spain are: 

challenges  with 

regard 

 

 

 

Improving  water  management,  including  complete 
the urban wastewater treatment. 
Improving  waste  management  and  developing  the 
potential of the circular economy. 
Increasing  environmental 
reducing environmentally harmful subsidies. 

taxation,  as  well  as 

Main Opportunities 

Spain  could  perform  better  on  topics  where  there  is 
already a good knowledge base and good practices. This 
applies in particular to: 

  Use the potential of its very valuable natural capital. 
  Strengthen eco-innovation and resource efficiency. 
  Spread  good  practices  used  in  areas  suffering  of 
water  scarcity  and  promote  further  wastewater 
reuse. 

Points of Excellence 

Where  Spain  leads  in  environmental  implementation,  it 
could  share 
innovative  approaches  more  widely 
among other countries. Good examples are: 

its 

  The experience and performance of Spain preparing 
and  managing  projects  co-financed  by  the  LIFE 
Programme. 

  The  Spanish  Network  of  Environmental  Authorities, 
created  in  1997,  as  a  technical  forum  to  foster 
environmental  integration  into  the  EU  Cohesion 
Policy. 

Environmental Implementation Report – Spain 

 
 
                                                            
  The sustainable urban model established in cities like 
Vitoria-Gasteiz, European Green Capital in 2012. 

  The significant use of EMAS and Ecolabel licences. 
  The  portal  of  the  Ministry  for  the  Environment  on 
the  Environmental  Impact  Assessment  (EIA)  and 
Strategic  Environmental  Assessment 
for 
projects  and  plans  authorized  by  the  central 
administration. 

(SEA) 

Spain  5 

Environmental Implementation Report – Spain 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Spain  6 

Part I: Thematic Areas 

1. Turning the EU into a circular, resource-efficient, green and 

competitive low-carbon economy 

Developing a circular economy and improving 
resource efficiency 

improvement. 

Figure 1: Resource productivity 2003-158 

The 2015 Circular Economy Package emphasizes the need 
to  move  towards  a  lifecycle-driven  ‘circular’  economy, 
with a cascading use of resources and residual waste that 
is  close  to  zero.  This  can  be  facilitated  by  the 
development  of,  and  access  to,  innovative  financial 
instruments and funding for eco-innovation. 

SDG  8  invites  countries  to  promote  sustained,  inclusive 
and  sustainable  economic  growth,  full  and  productive 
employment  and  decent  work  for  all.  SDG  9  highlights 
infrastructure,  promote 
the  need  to  build  resilient 
inclusive  and  sustainable  industrialization  and  foster 
innovation.  SDG 12  encourages countries  to  achieve  the 
sustainable  management  and  efficient  use  of  natural 
resources by 2030. 

Measures towards a circular economy 

Transforming our economies from linear to circular offers 
an  opportunity  to  reinvent  them  and  make  them  more 
sustainable  and  competitive.  This  will 
stimulate 
investments and bring both short and long-term benefits 
for the economy, environment and citizens alike5. 

Public  policy  support  for  circular  economy  in  Spain  is  a 
mix  of  policies  and  measures  addressing  technologies 
and resources for pollution control and energy efficiency. 
The  circular  economy  and  eco-innovation  are  generally 
embedded  in  national  and  regional  policies  targeting 
resource  efficiency,  environmental  innovations,  clean 
technologies, and sustainable development. However, as 
yet  there  is  no  specific  and  comprehensive  national 
strategy on circular economy. 

Pressure  on  material  resources  is  one  of  the  long-term 
trends affecting job creation and growth in the EU.  
Figure  1  shows  that  in  terms  of  resource  productivity6 
(how efficiently the economy uses material resources to 
produce wealth), Spain is performing better than average 
in  the  EU,  with  2.77  EUR/kg  (EU  average  is  2)  in  20157; 
having the 5th best resource productivity indicator in the 
EU. Spain's resource efficiency has significantly increased 
for 
since  2007.  However, 

there 

room 

still 

is 

5 European Commission, 2015. Proposed Circular Economy Package  
6 Resource productivity is defined as the ratio between gross domestic 
product (GDP) and domestic material consumption (DMC). 
7 Eurostat, Resource productivity, accessed July 2016. 

Boosting  employment  and  greening  the  economy  go 
hand in hand. The shift to a green and resource efficient 
economy  is  an  opportunity  to  support  sustainable  and 
high  quality  employment.  In  addition,  shifting  taxation 
away  from  the  labour  towards  environment  taxation, 
green  procurement  and  green  entrepreneurship  are 
equally important areas to support green job creation9. 

A  number  of  studies  have  shown  at  European  level  the 
positive  link  between  environmental  performance  and 
job  creation10.  Spain  has  the  potential  to  explore  it  by 
designing  and  implementing  labour  market,  education 
and  training  measures  supporting  the  green  economy. 
The number of green jobs in new sources of employment 
could  multiply  with  a  shift  towards  a  sustainable 
economy model. 

Some interesting reports show the features and the state 
of play of Green Jobs in Spain11. 

In  a  Member  State  like  Spain  where  unemployment  is 
one of the most serious problems, greening the economy 
can boost job creation in areas directly connected to the 
environment  such  as  nature  conservation,  waste,  water 
and air quality, often referred to as eco-industries, but it 
can benefit other sectors as well. 

8 Eurostat, Resource productivity, accessed October 2016 
9 COM(2014) 446 final: Communication Green Employment Initiative: 
Tapping into the job creation potential of the green economy. 
10 http://ec.europa.eu/environment/enveco/studies.htm 
11 "Green jobs in a sustainable economy" (OSE & Biodiversity 
Foundation, 2010); "Green Jobs for a sustainable development. A case 
study of Spain", (Sustainlabour/ILO & Biodiversity Foundation, 2012); 
and "Green Jobs: concept and trends" (MAGRAMA, 2013).  

Environmental Implementation Report – Spain 

 
 
                                                            
 
                                                            
The creation of green jobs has received political attention 
in light of the economic crisis hitting Spain harshly in the 
last years, reflecting a positive trend during the recession 
in  comparison  with  other  sectors.  Employment  in  the 
environmental  sector  is  slightly  above  the  EU  average 
and  waste  management  and  renewable  energy  are  the 
main generators of employment in Spain. However, these 
activities  have  not  exhausted  their  growth  potential,  as 
like  wastewater  treatment, 
well  as  others  sectors 
environmental  R&D+I,  ecological  farming  and  stock 
breeding, 
forestry  management  and  biodiversity 
protection. 

SMEs and resource efficiency 

Investments in innovative, cost-saving measures by SMEs 
to reduce resource and energy use have the potential to 
result in high cost savings. Thus, according to a study, for 
only four SME sectors (food & beverages; energy, power 
& utilities; environmental technologies; construction) the 
savings  that  would  strengthen  their  competitiveness 
could already amount to EUR 3.7 billion in Spain12. 

The EU Roadmap on Resource Efficiency outlines how we 
can  transform  Europe's  economy  into  a  sustainable  one 
by 205013. 

The  performance  of  Spanish  SMEs  is  above  EU  average 
on  several  indicators  on  resource  efficiency  and  green 
markets14.  Boosting  resource  efficiency  in  the  business 
environment helps increasing Spanish competitiveness. 

Another  recent  study  offers  a  detailed  analysis  of  the 
level  of  application  of  business  support  measures  to 
improve  resource  efficiency  applied  in  the  EU  Member 
States15.  This  study  shows  that 
in  Spain  the  most 
widespread  instruments  for  the  promotion  of  resource 
efficiency  principles  are  being  driven  by  initiatives  and 
regulations  at  the  national  level.  Only  four  of  the  ten 
support  measures  analysed  are  widely  used  in  Spain: 
voluntary  agreements,  development  of  non-legal 
standards,  measures  supporting  EPR,  and  building 
resource efficiency related skills. 

Eco-innovation 

Eco-innovation  brings  financial  benefits  through  the 
improved  resource  productivity  and  reduced  costs  of 
material  and  energy.  Spain  remains  an  eco-innovation 
follower.  However,  the  economic  crisis  has  posed 
additional eco-innovation needs and challenges in Spain. 

12 RPA, 2015. Assessing the Potential Cost Savings and Resource Savings 
of Investments in 4 SME sectors, study for the European Commission. 
13 Communication COM(2011) 571. The Resource Efficiency Roadmap is 
part of the Resource Efficiency Flagship of the Europe 2020 Strategy. 
14 European Commission, 2015. Flash 426 Eurobarometer "SMEs, 
resource efficiency and green markets 
15 Ecologic Institute, IEEP, BIO by Deloitte, 2015. A framework for 
Member States to support business in improving its resource 
efficiency. Study for the European Commission. 

Figure 2: Eco-Innovation Index 2015 (EU=100)16 

Spain  7 

Spain is ranked number 9 in the Eco-IS 2015 as shown in 
Figure 2. As it was in the case in all previous editions of 
the  Scoreboard,  the  country  has  above-average  overall 
performance  (score  of  106).  The  leading  Spanish  eco-
innovation  areas  have  not  changed  substantially:  waste 
management,  eco-design,  energy  efficiency,  sustainable 
construction  and  water  efficiency.  In  any  case,  large 
potential rests in the eco-innovations sectors. 

However,  despite  keeping  its  performance  high,  Spain 
lost  three  positions and  four  score-points  in  comparison 
to  its  rank  in  the  Eco-IS  2013.  Apart  from  the  financial 
crisis that led to heavy cuts in public funds affecting eco-
in  general,  research  and 
innovation  and 
several 
innovation  policy 
challenges17. 

face  overall 

innovation 

in  Spain 

The  strong  level  of  decentralisation  and  high  margin  of 
manoeuver of the Autonomous Communities in Spain is a 
influencer  on  the  country's  performance.  A 
major 
decentralised management of eco-innovation policies has 
the  advantage  of  offering  greater 
flexibility  and 
adaptability to local needs. However, so far a great level 
of heterogeneity, both legislative and organizational, has 
been  observed  in  the  regional  strategies  in  support  of 
eco-innovation  and  circular  economy  with  regards  to 

16 Eco-innovation Observatory: Eco-Innovation scoreboard 2015. 
17 See Country Specific Recommendations for Spain in the framework of 
the European Semester 2016. 

Environmental Implementation Report – Spain 

 
                                                            
 
                                                            
objectives,  instruments  and  environmental  standards. 
This generates uneven administrative and environmental 
regimes  and  burden  across  regions,  leading  to  market 
distortions. 

As  a  positive  point,  it  can  be  highlighted  that  Spain  has 
942  EMAS  registered  organisations,  which  is  a  very  high 
number  with  respect  to  the  total  of  4034  organisations 
that  hold  a  registration.  Spain  is  the  second  European 
registered 
the  most 
gathering 
country 
organisations (after Germany). 

EMAS 

Concerning  the  EU  Ecolabel,  Spain  has  197  licenses, 
which  is  quite  a  big  number  with  respect  to  the  1875 
total number of licenses. It is the fourth biggest gatherers 
of EU Ecolabel licenses. 

Suggested action 

  Further  develop  circular  economy  and  eco-innovation 
policies,  by  better  cooperation  between  all  level  of 
governances, as well as with the private sector. 

  Integrate  circular  economy  and  resource  efficiency 
principles  in  the  SMEs  policies,  e.g.  incentive  energy 
and  water  savings,  emphasise  the  use  of  eco-design, 
and by investing further in education and training. 

  Facilitate  green  investments  and  ease  the  access  to 

funding. 

Waste management 

Turning waste into a resource requires: 
 

implementation  of  Union  waste 

Full 
legislation, 
which  includes  the  waste  hierarchy;  the  need  to 
ensure  separate  collection  of  waste;  the  landfill 
diversion targets etc. 

  Reducing  per  capita  waste  generation  and  waste 

 

generation in absolute terms. 
Limiting energy recovery to non-recyclable materials 
and  phasing  out 
recyclable  or 
recoverable waste. 

landfilling  of 

SDG  12  invites  countries  to  substantially  reduce  waste 
generation  through  prevention,  reduction,  recycling  and 
reuse by 2030. 

The EU's approach to waste management is based on the 
"waste  hierarchy"  which  sets  out  an  order  of  priority 
when  shaping  waste  policy  and  managing  waste  at  the 
operational 
level:  prevention,  (preparing  for)  reuse, 
recycling,  recovery  and,  as  the  least  preferred  option, 
incineration 
includes 
disposal  (which 
without energy recovery). 

landfilling  and 

The  progress  towards  reaching  recycling  targets  and the 
adoption  of  adequate  WMP/WPP18  should  be  the  key 
items  to  measure  the  performance  of  Member  States. 

18 Waste Management Plans/Waste Prevention Programmes 

Spain  8 

This section focuses on management of municipal waste 
for which EU law sets mandatory recycling targets. 
There has been a reduction in terms of municipal waste19 
generation in the last years and now the average amount 
in  Spain  (435  kg/y/inhabitant)  is  below  the  EU  average 
(475 kg/y/inhabitant). 

Figure  3  depicts  the  municipal  waste  by  treatment  in 
Spain  in  terms  of  kg  per  capita,  which  shows  a  slightly 
increase 
in 
incineration  and  a  decrease  in  recycling  and  landfilling. 
According to 2014 data, 55% of municipal waste in Spain 
is landfilled (much greater than the EU average of 28%). 

in  composting  and  slightly 

increase 

Figure  3:  Municipal  waste  by  treatment  in  Spain  2007-
1420 

The  opportunities  of  prevention  and  recycling  are  not 
fully tapped into. Figure 4 shows that although Spain has 
increased  its  recycling  rate  since  2011,  it  must  strongly 
invest in recycling and divert from landfilling in the next 
coming years in order to reach the 2020 recycling target. 

At the current pace (16% recycled and 17% composted), 
Spain  needs  to  make  significant  further  efforts  to  reach 
the  EU  recycling  target  of  50%  of  municipal  waste  by 
2020.21 This can only be achieved by the systematic and 
concentrated effort of all stakeholders involved in urban 
waste management at national, regional and local level. 

19 Municipal waste consists of waste collected by or on behalf of 
municipal authorities, or directly by the private sector (business or 
private non-profit institutions) not on behalf of municipalities. 
20 Eurostat, Municipal waste and treatment, by type of treatment 
method, accessed October 2016 
21 Member States may choose a different method than the one used by 
ESTAT (and referred to in this report) to calculate their recycling rates 
and track compliance with the 2020 target of 50% recycling of 
municipal waste. 

Environmental Implementation Report – Spain 

 
                                                            
 
                                                            
Figure 4: Recycling rate of municipal waste 2007-1422 

In  addition,  illegal  or  subs-standard  landfilling  is  still  an 
important  problem  in  Spain,  and  is  closely  followed  by 
the Commission. To help bridge the implementation gap 
in  Spain,  the  Commission  has  delivered  a  roadmap  for 
compliance23. 

Spain  9 

The  National  Framework  Plan  for  Waste  Management 
2016-2022 (PEMAR)24, approved in November 2015, sets 
up the strategic guidelines for waste management in the 
next  six  years  and  the  measures  necessary  to  meet  EU 
targets. The final objective is to substitute linear models 
of  production  by  circular  models  that  reintegrate  waste 
materials into the production line. 

The PEMAR applies the waste hierarchy that underlies EU 
waste  legislation.  The  Plan  introduces  an  obligation  of 
result  on  the  Autonomous  Communities,  imposing  on 
regions to align and review their regional strategies so as 
to achieve the specific objectives of the national Plan. 

Full implementation of EU waste legislation could create 
more  than  54,200  jobs  in  Spain  and  increase  annual 
turnover  of  the  waste  sector  by  over  EUR  5690  million. 
Moving towards the targets of the Roadmap on resource 
efficiency  could  create  over  69,500  additional  jobs  and 
increase the annual turnover of the waste sector by over 
EUR 7,300 million25. 

Therefore,  Spain  has  to  intensify  its  efforts  to  improve 
the  performance  on  its  waste  management  system  and 
to  meet  the  targets,  especially  to  reduce  landfilling  and 
increase recycling. 

Suggested action 

  Introduce  a  national  landfill  tax  or  harmonise  the 
regional taxes to phase-out landfilling of recyclable and 
recoverable  waste.  Use  the  revenues  to  support  the 
separate  collection  and  alternative  infrastructure  but 
avoid  building  excessive 
the 
treatment of residual waste. 

infrastructure 

for 

  Focus  on  improving  the  effectiveness  of  the  separate 
collection to increase recycling rates (including specific 
plans for bio-waste management). 

  Extend and improve the cost-effectiveness, monitoring 
and  transparency  of  existing  EPR  schemes  and 
eliminate free-riding. 

  Intensify  co-operation  between  the  regions  to  use 
waste  treatment  capacity  more  efficiently  and  to 
achieve the national recycling targets. 

  Complete missing regional Waste Management Plans in 

order to cover the whole territory. 

The  underlying  causes  for  the  current  distance  to  EU 
waste  targets  are:  lack  of  incentives  to  manage  waste 
according  to  the  waste  hierarchy;  insufficient  (door-to-
door) separate collection of waste; lack of co-ordination 
between  the  different  administrative  levels;  insufficient 
extended  producer 
systems; 
responsibility 
insufficient management of bio-waste. 

(EPR) 

Spain  has  adopted  a  national  Waste  Prevention 
Programme 2014-2020 in 2013 as well as a new national 
Waste Management Plan 2016-2022 in 2015, pursuant to 
the Waste Framework Directive. However, some regional 
waste management plans have still to be updated. 

22 Eurostat, Recycling rate of municipal waste, accessed October 2016 
23 European Commission, 2016. Support to Implementation – The 
Commission helps 8 Member States to improve their municipal waste 
management. Fact sheet for Spain. 

24 Plan Estatal Marco de Gestión de Residuos (PEMAR) 2016-2022. 
25 Bio Intelligence service, 2011. Implementing EU Waste legislation for 
Green Growth, study for European Commission. The breakdown per 
country on job creation was made by the consultant on Commission 
demand but was not included in the published document. 

Environmental Implementation Report – Spain 

 
 
 
                                                            
 
 
 
 
                                                            
2. Protecting, conserving and enhancing natural capital 

Spain  10 

Nature and Biodiversity  

The  EU  Biodiversity  Strategy  aims  to  halt  the  loss  of 
biodiversity  in  the  EU  by  2020,  restore  ecosystems  and 
their services in so far as feasible, and step up efforts to 
avert  global  biodiversity  loss.  The  EU  Birds  and  Habitats 
Directives  aim  at  achieving  favourable  conservation 
status of protected species and habitats.  

SDG  14  requires  countries  to  conserve  and  sustainably 
use the oceans, seas and marine resources, while SDG 15 
requires  countries  to  protect,  restore  and  promote  the 
sustainable  use  of  terrestrial  ecosystems,  sustainably 
manage  forests,  combat  desertification,  and  halt  and 
reverse land degradation and halt biodiversity loss. 

The  1992  EU  Habitats  Directive  and  the  1979  Birds 
Directive are the cornerstone of the European legislation 
aimed  at  the  conservation  of  the  EU's  wildlife.  Natura 
2000, the largest coordinated network of protected areas 
in  the  world,  is  the  key  instrument  to  achieve  and 
implement the Directives' objectives to ensure the  long-
term  protection,  conservation  and  survival  of  Europe's 
most  valuable  and  threatened  species  and  habitats  and 
the ecosystems they underpin. 

The  adequate  designation  of  protected  sites  as  Special 
Ares  of  Conservation  (SAC)  under  the  Habitats  Directive 
and  as  Special  Protection  Areas  (SPA)  under  the  Birds 
Directive 
is  a  key  milestone  towards  meeting  the 
objectives  of  the  Directives.  The  results  of  Habitats 
Directive Article 17 and Birds Directive Article 12 reports 
and  the  progress  towards  adequate  Sites  of  Community 
Importance (SCI)-SPA and SAC designation26 both in land 
and  at  sea,  should  be  the  key  items  to  measure  the 
performance of Member States. 

Spain boasts a very rich biodiversity. It covers four out of 
the  nine  bio-geographical  regions  defined  for  the 
the  Habitats  Directive:  Alpine, 
implementation  of 
Atlantic,  Mediterranean  and  Macaronesian,  and  three 
out  of  the  five  marine  regions:  Atlantic,  Mediterranean 
and Macaronesian. 117 natural habitats and 429 species 
of wild fauna and flora of Community interest protected 
under  the  Habitats  Directive  occur 
in  the  Spanish 
territory.  Spain  is  also  the  Member  State  with  a  higher 
number of breeding birds, with a total of 285 bird species 
reported in its territory. 

26 Sites of Community Importance (SCIs) are designated pursuant to the 
Habitats Directive whereas Special Areas of Protection (SPAs) are 
designated pursuant to the Birds Directive; figures of coverage do not 
add up due to the fact that some SCIs and SPAs overlap. Special Areas 
of Conservation (SACs) means a SCI designated by the Member States. 

With  1.863  Natura  2000  sites,  644  Birds  Directive  SPAs 
and  1.467  Habitats  Directive  SCIs,  covering  27.2%  of  its 
land territory (EU average 18.1 %), Spain is the Member 
State 
surface 
contribution  to  the  Natura  2000  Network  (more  than 
137,000 Km²). 

terrestrial 

providing 

largest 

the 

Significant  advances  have  been  recently  achieved  in  the 
completion  of  the  network  in  Spain,  particularly  as  an 
important surface of new marine SCIs has been proposed 
for its inclusion in the updated list of sites what also puts 
Spain  at  the  forefront  of  marine  contribution  to  the 
Natura 2000 network (more than 86,000 Km²).  

However,  several  terrestrial  and  marine  habitats  and 
species are still insufficiently covered by the Spanish SCIs 
network27, as shown in Figure 528. 

Figure  5:  Sufficiency  assessment  of  SCI  networks  in 
Spain  based  on  the  situation  until  December  2013 
(%)29  

27 For each Member State, the Commission assesses whether the 
species and habitat types on Annexes I and II of the Habitats Directive, 
are sufficiently represented by the sites designated to date. This is 
expressed as a percentage of species and habitats for which further 
areas need to be designated in order to complete the network in that 
country. The current data, which were assessed in 2014-2015, reflect 
the situation up until December 2013. 
28 The percentages in Figure 5 refer to percentages of the total number 
of assessments (one assessment covering 1 species or 1 habitat in a 
given biographical region with the Member State); if a habitat type or a 
species occurs in more than 1 Biogeographic region within a given 
Member State, there will be as many individual assessments as there 
are Biogeographic regions with an occurrence of that species or 
habitat in this Member State. 
29 European Commission, internal assessment. 

Environmental Implementation Report – Spain 

 
 
 
                                                            
 
                                                            
While  the  6-year  deadline  required  by  the  Habitats 
Directive  to  designate  Special  Areas  of  Conservation 
(SAC)  and 
to  establish  appropriate  conservation 
objectives and measures has expired for more than 1,400 
sites  in  Spain,  as  of  January  2016  Spain  had  completed 
these  obligations  only  for  around  68%  of  the  sites 
concerned30. 

Figure 6: Conservation status of habitats and species in 
Spain in 2007/2013 (%)31 

According  to  the  latest  report  on  the  conservation 
status32  of  habitats  and  species  covered  by  the  Habitats 
Directive33,  only  12%  of  the  habitats'  biogeographic 
assessments  were favourable  in  2013  (EU  27:  16  %).  On 
the other hand, 48 % are considered to be unfavourable–
inadequate (EU27: 47%) and 14 % are unfavourable – bad 
(EU27: 30%). As for the species, 22 % of the assessments 
in  2013  (EU  27:  23%)  35  %  at 
were  favourable 
unfavourable-inadequate 
19% 
unfavourable-bad status (EU27: 18%). This is depicted in 
Figure 634. Less than 10% of the habitat types and 20% of 

(EU27: 

42%) 

and 

30 Source: Information provided by the Spanish authorities in the 
framework of the ongoing infringement case 2015/2003, and 
information in the Natura 2000 database provided by Spain. 
31 These figures show the percentage of biogeographical assessments in 
each category of conservation status for habitats and species (one 
assessment covering 1 species or 1 habitat in a given biographical 
region with the Member State), respectively.  The information is based 
on Article 17 of the Habitats Directive reporting - national summary of 
Spain 
32 Conservation status is assessed using a standard methodology as 
being either ‘favourable’, ‘unfavourable-inadequate’ and 
‘unfavourable-bad’, based on four parameters as defined in Article 1 of 
the Habitats Directive.  
33 The core of the ‘Article 17’ report is the assessment of conservation 
status of the habitats and species targeted by the Habitats Directive. 
34 Please note that a direct comparison between 2007 and 2013 data is 
complicated by the fact that Bulgaria and Romania were not covered 

Spain  11 

the species assessed in unfavourable conservation status 
are improving. 

Spain has the highest share of unknown assessments (at 
approximately  25%)  among  EU  Member  States,  even  if 
important  improvements  have  been  achieved  since  the 
previous  reporting  period35,  which  indicates  important 
knowledge  gaps  for  the  implementation  of  the  Nature 
Directives. 

The most frequent pressures and threats so far reported 
are  natural  system  modifications  (more  than  20%  of 
species  and  more  than  40%  of  habitat  types)  and 
agriculture  (reported  for  over  20%  of  the  habitats  and 
over 10% for the species assessed), followed by pollution 
and urbanization. 

Figure  7  shows  that  the  short-term  population  trend  of 
28%  of  the  breeding  bird  species  assessed  under  Article 
12 reporting is increasing, while 27% are decreasing and 
33%  stable.  On  the  long  term,  the  population  trend  of 
30%  of  the  species  assessed  is  decreasing  and  33%  is 
increasing and 27% stable. 

Figure  7:  Short-term  population  trend  of  breeding  and 
wintering bird species in Spain in 2012 (%)36 

Natura  2000  management  and  nature  protection  is 
mainly  a  regional  competence  in  Spain,  except  for  the 
marine  sites,  which  are  under  the  competence  of  the 
national  Administration,  if  they  do  not  have  ecological 
continuity with adjacent terrestrial sites. 

The  Spanish  National  Plan  for  Biodiversity  and  Natural 
Heritage,  together  with  the  basic  legislation,  is  a  good 
overall  framework  for  the  protection  of  biodiversity  in 
Spain.  The  Spanish  basic  legislation  transposing  the 
Habitats Directive - which has been recently updated - is 

by the 2007 reporting cycle, that the ‘unknown’ assessments have 
strongly diminished particularly for species, and that some reported 
changes are not genuine as they result from improved data / 
monitoring methods. 
35 State of Nature report 
36 Article 12 of the Birds Directive reporting - national summary of Spain 

Environmental Implementation Report – Spain 

 
 
                                                            
 
                                                                                                 
overall  appropriate.  It  requires  the  establishment  of 
management  plans  before  designating  sites  as  SACs, 
therefore  ensuring  that  SAC  designation  triggers  the 
establishment  of  conservation  measures,  as  required 
under Article 6(1) of the Habitats Directive. 

The  Commission  receives  a  high  number  of  complaints 
regarding the implementation of the Nature Directives in 
Spain,  mainly  on  degradation  of  designated  sites, 
inadequate management and bad quality of Appropriate 
Assessments under Article 6(3) of the Habitats Directive. 
The  degradation  of  protected  water  dependent  habitats 
within Natura 2000 is also a frequent concern. 

There are also concerns regarding the implementation of 
the Birds Directive in Spain, in particular in relation to the 
extensive  use  of  trapping  derogations  for  finches  in 
several regions. 

The  lack  of  adequate  financial  resources  and  scientific 
knowledge for some species and habitat types to support 
appropriate  management  are  recognized  as  the  most 
relevant limiting factors to achieve the objectives of the 
Nature  Directives.  There  is  a  low  use  of  the  potential 
financing  under  the  ERDF  and  for  nature  conservation 
measures and Natura 2000 priorities37, notably due to an 
relevant 
between 
coordination 
insufficient 
competent administrative authorities38. 

the 

The Priority Action Framework (PAF) for the financing of 
the  Natura  2000 Network,  prepared by Spain  in 2014  at 
the request of the Commission, is a good basis to address 
the above-mentioned limiting factors. 

A recent study carried out by the Ministry for Agriculture, 
Food and Environment (Economic Benefits of the Natura 
2000 Network in Spain, still unpublished) assesses these 
benefits  through  use  values  calculated  from  direct  and 
limited  array  of 
indirect  real  market  prices  for  a 
the 
this  study, 
to 
ecosystem  services.  According 

Spain  12 

estimated economic benefits of Natura 2000 (and this is 
a  very  conservative  estimate)  amount  to  9.8  billion 
EUR/year  –i.e.  7.5  times  the  theoretical  annual  cost  of 
maintenance of the network. 

The  last  changes  to  the  national  legislation  on  Natural 
Heritage and Biodiversity39 have introduced new possible 
ways  to  promote  actions  on  nature  conservation, 
including  the  declaration  of  these  type  of  activities  as 
actions  of  general  interest  for  the  State,  as  well  as  the 
possible  establishment  of  economic 
incentives  (like 
subsidies  prioritization,  tax  reduction,  etc.)  for  activities 
contributing to Natura 2000 objectives. 

The possibilities to develop sustainable or nature tourism 
should  be  highlighted,  as  tourism  is  one  of  the  most 
important economic sectors in Spain that however needs 
diversification and seasonal adjustment, promoting other 
modalities  different  to  the  traditional  "sun  and  beach" 
focus.  There 
is  also  scope  for  making  the  tourist 
infrastructure more sustainable40. 

In  this  sense,  the  Spanish  Government  approved  in 
201441  the  Spanish  strategic  plan  on  nature  and 
biodiversity tourism 2014-2020, which is a positive step, 
but there is a clear scope for further growth. 

Indeed, special attention should be paid to the potential 
for Spain to capitalise its very valuable natural capital to 
create  jobs.  Spain  makes  the  largest  contribution  to  the 
Natura  2000  network  in  the  EU.  Therefore,  jobs  related 
to  protection  of  biodiversity,  reforestation,  green 
infrastructure and ecosystem services have an enormous 
potential in Spain that should not be ignored. 

Suggested action 

  Complete  the  designation  process  and  put  in  place 
clearly  defined  conservation  objectives  and 
the 
necessary  conservation  measures  for  the  sites  and 
provide  adequate  resources  for  their  implementation 
in  order  to  maintain/restore  species  and  habitats  of 
community interest to a favourable conservation status 
across their natural range.  

  Improve  the  availability  to  the  necessary  financial 
resources for nature conservation, particularly through 
an enhanced use of the ERDF and EARDF funds and the 
further development of the financial incentives for the 
promotion of nature conservation activities foreseen in 
the basic legislation. 

  Capitalise  the  very  valuable  natural  capital  to  create 
jobs. In this context, promoting further the sustainable 
tourism would be a good focus for Spain.  

37 Evaluación del grado de inclusión de las prioridades del MAP para la 
Red Natura 2000 en los programas de desarrollo rural 2014-2020 de 
España.  
38 Source: Spanish Natura 2000 Priority Action Framework (PAF).  

39 Ley 33/2015 por la que se modifica la Ley 42/2007. 
40 Tourism accounts 11% of GDP and 12% of employment in Spain, and 
it is a key sector in certain regions. 
41 Real Decreto 416/2014, de 6 de junio, por el que se aprueba el Plan 
sectorial de turismo de naturaleza y biodiversidad 2014-2020. 

Environmental Implementation Report – Spain 

 
 
                                                            
                                                            
smart  and 

  Develop  and  promote 

streamlined 
implementation  approaches,  in  particular  as  regards 
site  and  species  permitting  procedures,  ensuring  the 
necessary  knowledge  and  data  availability.  Strengthen 
communication with stakeholders. 

Estimating Natural Capital 

The EU Biodiversity Strategy to 2020 calls on the Member 
States  to  map  and  asses  the  state  of  ecosystems  and 
their  services  in  their  national  territory  by  2014,  assess 
the  economic  value  of  such  services,  and  promote  the 
integration of these values into accounting and reporting 
systems at EU and national level by 202042. 

The  National  Ecosystem  Assessment  of  Spain  evaluation 
was  completed  in  201243  and was  followed  up  by  an  in-
depth  analysis  of  the  economic  and  social  value  of 
Spanish ecosystem services. The project run by scientists 
is  supported  by  the  government  and  involves  multiple 
parties and interest groups. 

Suggested action 

  Continue  supporting  the  mapping  and  assessment  of 
ecosystems and their services, and enhance its use for 
policy  and  decision-making  (e.g.  Spanish  strategy  on 
Green 
Infrastructure)  and  develop  natural  capital 
accounting systems. 

Green Infrastructure  

The  EU  strategy  on  green  infrastructure44  promotes  the 
incorporation  of  green  infrastructure  into  related  plans 
and  programmes  to  help  overcome  fragmentation  of 
habitats  and  preserve  or  restore  ecological  connectivity, 
enhance  ecosystem  resilience  and  thereby  ensure  the 
continued provision of ecosystem services. 

Green  Infrastructure  provides  ecological,  economic  and 
social  benefits  through  natural  solutions.  It  helps  to 
understand the value of the benefits that nature provides 
to human society and to mobilise investments to sustain 
and enhance them. 

Spain  has  no  Green  Infrastructure  Strategy  as  such,  but 
the last changes to the basic national legislation45 include 
provisions for the establishment of a national Strategy on 
Green 
Infrastructure,  Connectivity  and  Ecological 
Restoration.  The  elaboration  of  this  national  strategy  is 
on-going. Law 33/2015 also imposes a general obligation 

 

 

Spain  13 

onto  the  Autonomous  Communities  to  draft  Green 
Infrastructure  Strategies.  There  are  also  some  national 
plans and initiatives related to this topic. 

Law  42/2007 (Natural  Heritage  and  Biodiversity)  already 
imposed  a  general  obligation  onto  the  Autonomous 
Communities  to  take  measures  aimed  at  ensuring 
environmental  connectivity,  while  various  regional  laws 
also  focus  on  the  connectivity  of  natural  areas.  Prior  to 
this  law,  some  Autonomous  Communities  had  already 
introduced initiatives to develop corridors. 

Transport infrastructure has been identified as one of the 
main  drivers  of  habitat  fragmentation  and  a  working 
group has been set up to address this issue specifically. 

The  focus  of  the  Spanish  policy  so  far  is  to  implement 
measures  ensuring 
connectivity  between  existing 
protected areas rather than promoting the development 
of a comprehensive and coherent ecological network. 

The  Ministry  for  Agriculture,  Food  and  Environment  is 
implementing the National Strategy for River Restoration, 
Infrastructure  to  the  Water 
which  connects  Green 
Framework and Flood Directives and correlates positively 
with ecosystem service areas and green urban areas. 

The Spanish Strategy for the Coastal Zones also relates to 
Green 
physical 
functionality in the natural coastal zone and adapting to 
climate change. 

Infrastructure 

restoring 

through 

The  Spanish  Strategic  Plan  for  the  conservation  and 
rational  use  of  the  Wetlands  promotes  the  restauration 
of wetlands that have been destroyed or degraded. Focus 
has  also  been  given  to  the  restoration  of  dunes  and 
coastal habitats. 

The  national  Plan  of  priority  actions  of  hydrological-
forestry  restauration  included  in  the  Spanish  Forestry 
Plan  2002-2030  sets  a  national  plan  for  restoration  of 
forestry in Spain, with focus on restoration, conservation 
and enhancement of the forest ecosystem. 

The  main  challenges  of  Green  Infrastructure  for  the 
future include: 
  better 

integration  of  biodiversity 

into  economic 
sectors,  e.g.,  tourism,  to  promote  the  development 
of multifunctional Green Infrastructure areas; 
integration of sustainable agriculture and a network 
of  protected  areas  within  broader  production 
landscapes  to  promote  the  development  of  Multi-
functional, Green Infrastructure areas; 
integration  of  the  Green 
further 
approach 
processes; 

Infrastructure 
landscape  and  urban  planning 

into 

42 Ecosystem services are benefits provided by nature such as food, 
clean water and pollination on which human society depends. 
43 http://www.ecomilenio.es 
44 European Union, Green Infrastructure — Enhancing Europe’s Natural 
Capital, COM/2013/0249 
45 Law 33/2015 of 21 September, amending Law 42/2007. 

One of the outstanding examples of Green Infrastructure 
development in the EU can be seen in the Basque capital 
of  Vitoria-Gasteiz.  In  the  1990's  the  city  authorities 
started  a  project  to  restore  and  recover  the  outlying 

Environmental Implementation Report – Spain 

 
                                                            
Spain  14 

Inventory  of  Soil  Erosion  (INES)  was 
The  National 
produced to detect and quantify main erosion processes 
and  threatened  areas.  INES  also  permits  to  assess  time 
evolution  providing  valuable 
information  to  design 
actions  and  priorities.  Loss  of  soil  by  erosion  has  been 
estimated in a range of 5-25 t/ha.  

Irrigation  of  agricultural  soils  poorly  drained  and  under 
certain  climatic  conditions  has  led  to  the  salinization  of 
considerable  areas  of  land  regardless  of  water  quality. 
According  to  the  available 
information,  3%  of  the 
irrigated lands would be seriously affected. 

Figure 8 shows the different land cover types in Spain in 
2012. 
Figure 8: Land Cover types in Spain in 201246 

areas  of  the  city, creating  a Green-Belt:  a group  of  peri-
urban  parks  of  high  ecological  and  landscape  value 
strategically  linked  by  eco-recreational  corridors.  The 
development  of  Green  Infrastructure  in  the  city  has 
generated  significant  economic  (reduced  risks  of  floods, 
tourism), social (better air quality and general wellbeing) 
and environmental (biodiversity) benefits. 

It would be an important and positive step to complete, 
adopt  and  implement  the  Spanish  national  Strategy  on 
Green 
Infrastructure,  Connectivity  and  Ecological 
Restoration. 

Soil protection  

further  soil  degradation  and 

The  EU  Soil  Thematic  Strategy  highlights  the  need  to 
ensure  a  sustainable  use  of  soils.  This  requires  the 
prevention  of 
the 
preservation of its functions, as well as the restoration of 
degraded  soils.  The  2011  Road  Map  for  Resource-
Efficient  Europe,  part  of  Europe  2020  Strategy  provides 
that  by  2020,  EU  policies  take  into  account  their  direct 
and  indirect  impact  on  land  use  in  the  EU  and  globally, 
and  the  rate  of  land  take  is  on  track  with  an  aim  to 
achieve no net land take by 2050. 

SDG  15  requires  countries  to  combat  desertification, 
restore degraded land and soil, including land affected by 
desertification, drought and floods, and strive to achieve 
a land-degradation-neutral world by 2030. 

Soil is an important resource for life and the economy. It 
provides  key  ecosystem  services  including  the  provision 
of food, fibre and biomass for renewable energy, carbon 
sequestration,  water  purification  and  flood  regulation, 
the provision of raw and building material. Soil is a finite 
and  extremely 
increasingly 
degrading  in  the  EU.  Land  taken  by  urban  development 
and infrastructure is highly unlikely to be reverted to its 
natural  state;  it  consumes  mostly  agricultural  land  and 
increases  fragmentation  of  habitats.  Soil  protection  is 
indirectly  addressed  in  existing EU policies  in  areas  such 
as  agriculture,  water,  waste,  chemicals,  and  prevention 
of industrial pollution. 

resource  and 

fragile 

As  in  many  EU  countries  the  main  threats  to  the  soil  in 
Spain  include  pollution,  erosion,  salinization  and  to  a 
certain  degree 
loss  of  organic  matter  and 
biodiversity. 

the 

In  2005  it  was  regulated  to  identify  those  soils  in  which 
the  presence  of  pollutants  above  certain  levels  may 
involve a risk to human health and terrestrial ecosystems. 
These  soils  have  been  included  in  a  national  inventory, 
implying  obligations  to  decontaminate  them.  Thus, 
decontamination  works  have  been  carried  out  in  more 
than  250  sites,  suggesting 
these 
that  most  of 
contaminations are related to industrial activities. 

Artificial  land  cover  is  used  for  settlements,  production 
systems and infrastructure. It may itself be split between 
built-up areas (buildings) and non-built-up areas (such as 
linear transport networks and associated areas). 

The  annual  land  take  rate  (growth  of  artificial  areas)  as 
provided by CORINE Land Cover was 1.48% in Spain over 
the  period  2006-12,  the  highest  in  the  EU  (EU  average 
0.41%).  It  represented  18,298  hectares  per  year47  and 
was mainly driven by housing, services and recreation as 
well as industrial and commercial sites. 

46 European Environment Agency, Land cover 2012 and changes country 
analysis [forthcoming] 
47 European Environment Agency Draft results of CORINE Land Cover 
(CLC) inventory 2012; mean annual land take 2006-12 as a % of 2006 
artificial land. 

Environmental Implementation Report – Spain 

 
 
                                                            
Spain  15 

the  OECD  highlights, 

important  environmental 
As 
pressures  remain  in  Spain  driven  by  land  conversion 
during the construction boom of the early 2000s and the 
population  increase  which  has  been  significant  in  some 
coastal areas48. 

The soil water erosion rate in 2010 was 3.94 tonnes per 
ha per year, above EU-28 average (2.46 tonnes)49. 

There  are  still  not  EU-wide  datasets  enabling  the 
provision of benchmark indicators for soil organic matter 
decline, contaminated sites, pressures on soil biology and 
diffuse pollution. 

An  updated  inventory  and  assessment  of  soil  protection 
policy instruments in Spain and other EU Member States 
is  being  performed  by  the  EU  Expert  Group  on  Soil 
Protection. 

Marine protection 

The EU Coastal and Marine Policy and legislation require 
that by 2020 the impact of pressures on marine waters is 
reduced  to  achieve  or  maintain  good  environmental 
status and coastal zones are managed sustainably. 

SDG  14  requires  countries  to  conserve  and  sustainably 
use  the  oceans,  seas  and  marine  resources 
for 
sustainable development. 

The Marine Strategy Framework Directive (MSFD)50 aims 
to  achieve  Good  Environmental  Status  (GES)  of  the  EU's 
marine  waters  by  2020  by  providing  an  ecosystem 
approach  to  the  management  of  human  activities  with 
impact  on  the  marine  environment.  The  Directive 
requires  Member  States  to  develop  and  implement  a 
marine  strategy  for  their  marine  waters,  and  cooperate 
with  Member  States  sharing  the  same  marine  region  or 
subregion. 

As part of their marine strategies, Member States had to 
make  an  initial  assessment  of  their  marine  waters, 
determine  GES51  and  establish  environmental  targets  by 
July  2012.  They  also  had  to  establish  monitoring 
programmes for the on-going assessment of their marine 
waters  by  July  2014.  The  next  element  of  their  marine 
strategy is to establish a Programme of Measures (2016). 
The  Commission  assesses  whether  these  elements 
constitute  an  appropriate  framework  to  meet  the 
requirements of the MSFD. 

Spanish  marine  waters  are  part  of  two  marine  regions: 

48 OECD Environmental Performance Review: Spain 2015 
49 Eurostat, Soil water erosion rate, Figure 2, accessed November 2016 
50 European Union, Marine Strategy Framework Directive 2008/56/EC  
51 The MSFD defines Good Environmental Status (GES) in Article 3 as: 
“The environmental status of marine waters where these provide 
ecologically diverse and dynamic oceans and seas which are clean, 
healthy and productive” 

and 

(Barcelona  Convention) 

the North-East Atlantic (covering several subregions: the 
Bay of Biscay and the Iberian coast and Macaronesia for 
the Canaries islands) and the Mediterranean Sea. Spain is 
therefore party to both the Convention for the Protection 
of the Marine Environment and the Coastal Region of the 
Mediterranean 
the 
Convention for the protection of the marine environment 
of  the  North-East  Atlantic  (OSPAR  Convention).  In  the 
open  ocean  areas  of  the  Atlantic,  the  main  threats  to 
biodiversity  are  potentially  overfishing,  bottom trawling, 
discards,  and  pollution  resulting  from  accidents  (e.g.  oil 
spills). The Mediterranean Sea region has been identified 
by the EEA in its 2015 State of the Environment report as 
one of the main climate change hotspots (i.e. one of the 
areas  most 
to  climate  change).  The 
biodiversity  of  the  Mediterranean  Sea  Region  is  also 
threatened by pollution from land-based sources such as 
discharges of excess nutrients and hazardous substances, 
marine  litter,  over-fishing,  and  degradation  of  critical 
habitats. 

responsive 

With regards to the specificities of implementation of the 
MSFD,  in  2012,  Spain  reported  on  its  determination  of 
GES  often  in  a  very  detailed  manner.  Strong  links  were 
created  with  existing  EU  and  Regional  Sea  Conventions 
standards. Spain assessed the state of its marine waters 
in  a  comprehensive  manner 
identifying  almost  all 
pressures on its marine environment. However, there are 
a few aspects which merit further attention, such as the 
aggregation of GES for the different species, habitats and 
ecosystems  was  not  defined.  For  certain  descriptors, 
threshold  values  or  baselines  were  missing  and  some 
lacked  specifications52.  It  is  therefore  too  early  to  say 
whether Spain waters are in good status. 

Spain established a monitoring programme of its marine 
waters  in  2014.  However  it  seems  that  its  monitoring 
sub-programme for biodiversity, non-indigenous species, 

52 Commission Staff Working Document Accompanying the Commission 
Report on "The first phase of implementation of the Marine Strategy 
Framework Directive (2008/56/EC) - The European Commission's 
assessment and guidance" (SWD(21014) 049 final and COM(2014)097 
final) 

Environmental Implementation Report – Spain 

 
                                                            
 
                                                            
Spain  16 

further 

contaminants  in  seafood,  marine  litter  and  underwater 
noise  need 
to  constitute  an 
appropriate framework to monitor progress towards GES, 
especially  since  full  coverage  for  those  descriptors  will 
not be in place before 202053. 

refinement 

In 2012 Spanish marine protected areas covered 11515.5 
km². More specifically, 3735.01 km² of the 0-1 nm zone, 
5242.84 km² of the 1-12 nm zone and 2537.67 km² of the 
12-  end  of  assessment  area  zone  were  covered  by 
MPAs54. 

The  Commission's  report  on  the  implementation  of  the 
MSFD55 provides guidance to assist Spain. 

Suggested action 

  Continue  work  to  improve  the  definitions  of  Good 
Environmental  Status  (GES)  including  through  regional 
cooperation by using the work of the relevant Regional 
Sea Conventions. 

  Continue 

integrating  monitoring  programmes  with 
relevant  EU  legislation  and  implement  other  joint 
monitoring programmes where they exist at regional or 
sub-regional level. 

  Continue to enhance comparability and consistency of 
monitoring  methods  within  the  country's  marine 
regions. 

  Ensure  that  all  of 

is 
implemented without delay and is fully appropriate to 
monitor progress towards its GES. 

its  monitoring  programme 

53 Commission Staff Working Document Accompanying the Commission 
Report assessing Member States' monitoring programmes under the 
Marine Strategy Framework Directive (COM(2017)3 and SWD(2017)1 
final) 
54 2012 Data provided by the European Environmental Agency – Not 
published 
55 Report from the Commission "The first phase of implementation of 
the Marine Strategy Framework Directive (2008/56/EC) - The European 
Commission's assessment and guidance" COM(2014)097 &. 
Commission Staff Working Document Accompanying the Commission 
Report assessing Member States' monitoring programmes under the 
Marine Strategy Framework Directive (COM(2017)3 and SWD(2017)1 
final) 

Environmental Implementation Report – Spain 

 
 
 
 
 
 
 
                                                            
Spain  17 

3. Ensuring citizens' health and quality of life 

Air quality 

The  EU  Clean  Air  Policy  and  legislation  require  that  air 
quality  in  the  Union  is  significantly  improved,  moving 
closer  to  the  WHO  recommended  levels.  Air  pollution 
and its impacts on ecosystems and biodiversity should be 
further reduced with the long-term aim of not exceeding 
critical  loads  and  levels.  This  requires  strengthening 
efforts  to  reach  full  compliance  with  Union  air  quality 
legislation  and  defining  strategic  targets  and  actions 
beyond 2020. 

The EU has developed an extensive body of legislation56, 
which establishes health-based standards and objectives 
for  a  number  of  air  pollutants.  As  part  of  this,  Member 
States  are  also  required  to  ensure  that  up-to-date 
information  on  ambient  concentrations  of  different  air 

ensure  air  emissions  for  these  pollutants  are  within  the 
currently  applicable  national  emission  ceilings58.  For 
ammonia  however,  recorded  emissions  have  increased 
(+3%), keeping them above current ceilings. 

At  the  same  time,  air  quality  in  Spain  continues  to  give 
cause  for  concern.  For  the  year  2013,  the  European 
Environment  Agency  estimated  that  about  23  940 
premature  deaths  were  attributable  to  fine  particulate 
matter concentrations, 1 760 to ozone concentration and 
over  4  280  to  nitrogen  dioxide  concentrations59.  This  is 
due  also  to  exceedances  above  the  EU  air  quality 
standards such as shown in Figure 960. 

For 2014, exceedances above the EU air quality standards 
have been registered for nitrogen dioxide (NO2)61 in five 
air  quality  zones  (Madrid,  Barcelona,  Murcia,  Valencia, 
and  Vallés-Baix  Llobregat)  and  particulate  matter 

Figure 9: Attainment situation for PM10, NO2 and O3 in 2014 

pollutants  is  routinely  made  available  to  the  public.  In 
the  National  Emission  Ceilings  Directive 
addition, 
provides  for  emission  reductions  at  national  level  that 
should be achieved for main pollutants. 

Most  of  the  emissions  of  several  air  pollutants  have 
decreased  significantly  in  Spain57.  Reductions  between 
1990 and 2014 for sulphur oxides (-88%), nitrogen oxides 
(-40%),  as  well  as  volatile  organic  compounds  (-42%) 

56 European Commission, 2016. Air Quality Standards 
57 See EIONET Central Data Repository and Air pollutant emissions data 
viewer (NEC Directive) 

58 The current national emission ceilings apply since 2010 (Directive 
2001/81/EC); revised ceilings for 2020 and 2030 have been set by 
Directive (EU) 2016/2284 on the reduction of national emissions of 
certain atmospheric pollutants, amending Directive 2003/35/EC and 
repealing Directive 2001/81/EC. 

59 European Environment Agency, 2016. Air Quality in Europe – 2016 
Report. (Table 10.2, please see details in this report as regards the 
underpinning    methodology) 
60 Based on European Environment Agency, 2016. Air Quality in Europe 
– 2016 Report. (Figures 4.1, 5.1 and 6.1) 
61 NOx is emitted during fuel combustion e.g. from industrial facilities 
and the road transport sector. NOx is a group of gases comprising 
nitrogen monoxide (NO) and nitrogen dioxide (NO2). 

Environmental Implementation Report – Spain 

 
 
 
 
                                                            
                                                            
 
Spain  18 

(PM10)62  in  three  air  quality  zones  (Oviedo,  Terres  de 
l’Ebre,  and  La  Coruña).  Furthermore,  the  target  values 
regarding  ozone63  concentrations  are  exceeded  in  many 
air  quality  zones.  In  addition,  target  values  for  annual 
mean  concentration  have  been  exceeded  in  one  air 
quality zone for nickel64. 

The  persistent  breaches  of  air  quality  requirements  (for 
PM10  and  NO2),  which  have  severe  negative  effects  on 
health  and  environment,  are  being  followed  up  by  the 
European  Commission  through  infringement  procedures 
covering  all  the  Member  States  concerned,  including 
Spain. The aim is that adequate measures are put in place 
to bring all zones into compliance. 

It is estimated that the health-related external costs from 
air  pollution  in  Spain  are  above  EUR  22  billion/year 
(income  adjusted,  2010),  which  include  not  only  the 
intrinsic  value  of  living  a  full  health  life  but  also  direct 
costs to the economy. These direct economic costs relate 
to  8  million  workdays  lost  each  year  due  to  sickness 
related  to  air  pollution,  with  associated  costs  for 
employers  of  EUR  1056  million/year  (income  adjusted, 
2010),  for  healthcare  of  above  EUR  82  million/year 
(income adjusted, 2010), and for agriculture (crop losses) 
of EUR 367 million/year (2010)65. 

Suggested action 

  Maintain  downward  emissions  trends  of  air  pollutants 
in  order  to  achieve  full  compliance  with  currently 
applicable  national  emission  ceilings  and  air  quality 
limit values - and reduce adverse air pollution impacts 
on health, environment and economy. 

  Reduce  ammonia  (NH3)  emissions  to  comply  with 
currently  applicable  national  emission  ceilings66,  for 
example  by  introducing  or  expanding  the  use  of  low-
emission agricultural techniques. 

  Reduce nitrogen oxide (NOx) emissions to comply with 
currently applicable national emission ceilings67 and/or 
to 
(and  ozone 
(NO2) 
concentrations), 
inter  alia,  by  reducing  transport 
related emissions - in particular in urban areas. 

reduce  nitrogen  dioxide 

62 Particulate matter (PM) is a mixture of aerosol particles (solid and 
liquid) covering a wide range of sizes and chemical compositions. 
PM10 (PM2.5) refers to particles with a diameter of 10 (2.5) 
micrometres or less. PM is emitted from many anthropogenic sources, 
including combustion. 
63 Low level ozone is produced by photochemical action on pollution 
and it is also a greenhouse gas. 
64 See The EEA/Eionet Air Quality Portal and the related Central Data 
Repository 
65 These figures are based on the Impact Assessment for the European 
Commission Integrated Clean Air Package (2013). 
66 Under the provisions of the revised National Emission Ceilings 
Directive, Member States now may apply for emission inventory 
adjustments. Pending evaluation of any adjustment application, 
Member States should keep emissions under close control with a view 
to further reductions. 
67 Ibid. 

  Reduce PM10 emission and concentration, inter alia, by 
reducing  emissions  related  to  energy  and  heat 
generation  using  solid  fuels,  to  transport  and  to 
agriculture. 

Noise 

The  Environmental  Noise  Directive  provides  for  a 
common  approach  for  the  avoidance,  prevention  and 
reduction  of  harmful  effects  due  to  exposure  to 
environmental noise. 

Excessive  noise  is  one  of  the  main  causes  of  health 
issues68.  To alleviate  this,  the  EU  acquis  sets  out  several 
requirements, 
including  assessing  the  exposure  to 
environmental  noise  through  noise  mapping,  ensuring 
that information on environmental noise and its effects is 
made  available  to  the  public,  and  adopting  action  plans 
with  a  view  to  preventing  and  reducing  environmental 
noise  where  necessary  and  to  preserving  the  acoustic 
environment quality where it is good. 

Spain's 
implementation  of  the  Environmental  Noise 
Directive69  is  significantly  delayed.  There  have  been 
delays  in  both  noise  mapping  for  the  most  recent 
reporting  round,  for  the  reference  year  2011,  and  the 
adoption  of  action  plans  for  noise  management  in  the 
current  period.  The  Commission  is  following  up  on  this 
matter. 

Suggested action 

  Complete  noise  mapping  and  action  plans  for  noise 

management. 

Water quality and management 

(including  surface  and  ground  waters) 

The  EU  water  policy  and  legislation  require  that  the 
impact  of  pressures  on  transitional,  coastal  and  fresh 
waters 
is 
significantly  reduced  to  achieve,  maintain  or  enhance 
good  status  of  water  bodies,  as  defined  by  the  Water 
Framework Directive; that citizens throughout the Union 
benefit from high standards for safe drinking and bathing 
water;  and  that  the  nutrient  cycle  (nitrogen  and 
phosphorus)  is  managed  in  a  more  sustainable  and 
resource-efficient way. 

SDG  6  encourages  countries  to  ensure  availability  and 
sustainable management of water and sanitation for all. 

68 WHO/JRC, 2011, Burden of disease from environmental noise, 
Fritschi, L., Brown, A.L., Kim, R., Schwela, D., Kephalopoulos, S. (eds), 
World Health Organization, Regional Office for Europe, Copenhagen, 
Denmark 
69 The Noise Directive requires Member States to prepare and publish, 
every 5 years, noise maps and noise management action plans for 
agglomerations with more than 100,000 inhabitants, and for major 
roads, railways and airports.  

Environmental Implementation Report – Spain 

 
                                                            
                                                            
The  main  overall  objective  of  EU  water  policy  and 
legislation  is  to  ensure  access  to  good  quality  water  in 
sufficient  quantity  for  all  Europeans.  The  EU  water 
acquis70  seeks  to  ensure  good  status  of  all  water  bodies 
across Europe by addressing pollution sources (from e.g. 
agriculture, urban areas and industrial activities), physical 
and  hydrological modifications  to  water  bodies)  and  the 
management of risks of flooding.  

(RBMPs)  are  a 
River  Basin  Management  Plans 
requirement  of  the  Water  Framework  Directive  and  a 
means  of  achieving  the  protection,  improvement  and 
sustainable use of the water environment across Europe. 
This includes surface freshwaters such as lakes and rivers, 
groundwater,  estuaries  and  coastal  waters  up  to  one 
nautical mile. 

Spain has provided information to the Commission from 
its  second  generation  of  RBMPs.  However,  as  the 
Commission  has  not  yet  been  able  to  validate  this 
information  for  all  Member  States,  it  is  not  reported 
here. 

In its first generation of RBMPs Spain reported the status 
of  4381  rivers,  329  lakes,  180  transitional,  260  coastal 
and 748 groundwater bodies. 

Only 43% of natural surface water bodies achieve a good 
or high ecological status71 and 32% of heavily modified or 
artificial  water  bodies  achieve  a  good  or  high  ecological 
potential. 57% of surface water bodies (while the status 
of 39% is unknown), 61% of heavily modified and artificial 
water  bodies  (29%  unknown)  and  66%  of  groundwater 
status.72  71%  of 
bodies  achieve  good  chemical 
groundwater bodies are in good quantitative status73. 

The main pressure on the Spanish surface waters is point 
source  pollution  that  affects  35%  of  water  bodies.  Flow 
modification and morphological alterations affect 30% of 
water  bodies  followed  by  diffuse  pollution74  that  affects 
23%  and  abstraction  that  affects  21%  of  water  bodies. 
There  are  significant  regional  differences,  e.g.  point 
sources  of  pollution  affect  68%  of  water  bodies  in  the 
Andalusian  Mediterranean  river  basin  district  but  only 

70 This includes the Bathing Waters Directive (2006/7/EC); the Urban 
Waste Water Treatment Directive (91/271/EEC) concerning discharges 
of municipal and some industrial waste waters; the Drinking Water 
Directive (98/83/EC) concerning potable water quality; the Water 
Framework Directive (2000/60/EC) concerning water resources 
management; the Nitrates Directive (91/676/EEC) and the Floods 
Directive (2007/60/EC) 
71 Good ecological status is defined in the Water Framework Directive 
referring to the quality of the biological community, the hydrological 
characteristics and the chemical characteristics. 
72 Good chemical status is defined in the Water Framework Directive 
referring to compliance with all the quality standards established for 
chemical substances at European level. 
73 For groundwater, a precautionary approach has been taken that 
comprises a prohibition on direct discharges to groundwater, and a 
requirement to monitor groundwater bodies. 
74 Diffuse pollution comes from widespread activities with no one 
discrete source. 

Spain  19 

18% in the Ebro river basin district. 

The first Spanish RBMPs had some deficiencies that result 
in  uncertainties  about  the  status  and  effectiveness  of 
Programmes of Measures (PoMs). In particular, there are 
weaknesses  in  monitoring,  methodologies  for  status 
assessment  and  the  link  between  pressures  and  PoMs. 
The  planned  measures  are  expected  to  result 
in 
improvement of ecological and chemical status of surface 
water bodies by 11% and 3% respectively. The measures 
should also bring improvement of ecological potential of 
artificial  and  heavily  modified  water  bodies75  by  8%  and 
chemical  status  by  3%.  Furthermore,  there  is  a  need  of 
better  considering  modernisation  of  irrigation  in  the 
PoMs;  established  ecological  flows  should  guarantee 
good  ecological  status  and  exemptions  reflected 
in 
RBMPs should be better justified. 

The  Commission  is  assessing  on  a  regular  basis  the 
implementation of the Water Framework Directive by the 
Member States76. 

the 
Spain  has  already  adopted  and  notified 
Commission most of the second generation 25 RBMPs77. 
The  Commission  is  currently  assessing  the  content  of 
these second RBMPs. 

to 

Regarding  the  implementation  of  the  Nitrates  Directive, 
following  a  horizontal  monitoring  based  on  the  2008-
2011 water quality data, the regional Action Programmes 
and  the  current  Nitrates  Vulnerable  Zones  designation 
showed  possible  insufficiencies.  In  certain  regions  (e.g.: 
Cataluña), 
in 
particular pig farming, puts additional pressure on water 
resources quality. 

livestock  production,  and 

intensive 

Regarding  drinking  water,  Spain  reaches  very  high 
compliance  rates  of  99-100  %  for  microbiological, 
chemical  and  indicator  parameters  laid  down  in  the 
Drinking Water Directive78.  

Figure 10 shows that in 2015 in Spain out of 2189 bathing 
waters,  83.2  %  were  of  excellent  quality,  9.5  %of  good 
quality,  3.3  %  of  sufficient  quality.  58  bathing  waters 
were  of  poor  quality  or  non-compliant  while  it  was  not 
possible to assess the remaining 31 bathing waters79. 

75 Many European river basins and waters have been altered by human 
activities, such as land drainage, flood protection and building of dams 
to create reservoirs. 
76 More information on the implementation status of the WFD can be 
found here.  
77 17 out of 25, with the exception of the RBMP for Catalonia inner 
waters and the seven RBMPs for the Canary Islands. 
78 Commission's Synthesis Report on the Quality of Drinking Water in 
the Union examining Member States' reports for the 2011-2013 
period, foreseen under Article 13(5) of Directive 98/83/EC; 
COM(2016)666. 
79 European Bathing Water quality in 2015, EEA Report No 9/2016, p.26. 

Environmental Implementation Report – Spain 

 
                                                            
 
                                                            
Figure 10: Bathing water quality 2012 – 201580 

Figure  11:  Urban  waste  water  Spanish  situation  2012  – 
Final deadline 200581 

Spain  20 

Regarding the implementation of the Urban Waste Water 
Treatment  Directive,  Spain  demonstrates  some  high 
compliance  rates:  99.7%  of  the  waste  water  load  is 
collected and 86.2 % is subject to secondary treatment as 
shown  in  Figure  11.  However,  only  38%  of  the  waste 
water  load  which  should  have  been  subject  to  more 
stringent treatment is actually treated as such. 

It  is  important  to  note  that  there  are  still  a  certain 
number  of  agglomerations  that  do  not  comply  with  the 
requirements  and  deadlines  of  the  UWWT  Directive. 
Therefore  further  efforts  are  needed  in  this  regard. 
Consequently,  the  Commission  has  opened  various 
infringement  procedures  against  Spain 
regarding 
sensitive, normal areas and small agglomerations. These 
cases  of  non-compliance  are  closely  followed  by  the 
Commission. 

Figure  11  shows  the  total  generated  load  at  Member 
State  level  (in  population  equivalent  and  regardless  of 
agglomerations)  and  the 
load  that  remains  to  be 
addressed by Spain. 

The estimated investment needs (reported under Article 
17  of  the  Urban  Waste  Water  Treatment  Directive)  to 
reach  full  compliance  with  the  Directive  in  Spain  are  of 
EUR 2944 million. 

80 European Environment Agency, State of bathing water, 2016 

Certain areas of Spain are water-stressed82, meaning that 
water  demand  exceeds  the  available  water  resources 
under sustainable conditions. Spanish RBMPs include, by 
legal  requirement,  water  balances  at  the  scale  of  water 
exploitation systems which allow assessing the reliability 
of  water  supply  for  all  uses  and  ensuring  that  the 
environmental objectives will be met once accounting for 
the  previous  restriction  of  e-flows.  In  water-stressed 
areas, water reuse and desalination are part of the mix of 
resources  on  which  the  system  relies  to  meet  water 
demands. 

Decoupling  economic  growth  from  water  use  remains  a 
challenge in Spain83. Sectors like agriculture, tourism and 
energy  are  heavily  dependent  on  water  supply.  At  the 
same  time,  tariffs  for  supplied  water  are  slightly  lower 
than  the  EU  average  and  there  are  large  variations 
between cities and regions. In addition, there is a lack of 
transparency  in  subsidies  for  water  used  in  agriculture, 
and environmental costs (e.g. related to diffuse pollution) 
are rarely applied. Furthermore, there is a need to ensure 
sustainability  of 
irrigation  projects,  the  established 
ecological flows should guarantee good ecological status 
and exemptions linked to new infrastructure need to be 
better justified in the RBMPs. 

An  adequate  water-pricing  policy  to  recover  the  cost  of 
water  services,  together  with  greater  transparency  of 
prices  and  subsides,  promotion  of  wastewater  reuse, 
modernisation  of  irrigation  systems,  as  well  as  better 
control  of  water  abstraction,  could  all  harness  water 
saving  potential,  especially  in  the  agriculture  sector,  the 
major consumer of water. 

81 European Commission, 2016. Urban waste water, 8th implementation 
reports  
82 European Commission, 2016. EU Resource Efficiency Scoreboard 2015 
83 Study "Potential for Growth and Job Creation through the Protection 
of Water Resources". DG ENV 2015. 

Environmental Implementation Report – Spain 

 
 
 
 
 
 
                                                            
 
                                                            
There  is  scope  for  a  more  efficient  use  of  water  supply 
infrastructures,  e.g.:  desalinisation  plants  built  primarily 
on  the  Mediterranean  coast  some  of  them  with  EU 
funding  support  have  been  underused;  reduction  of 
leakages  in  the  water  supply  networks  should  be  a 
priority.  Measures  to  improve  the  water  governance 
could also be envisaged. 

Finally,  flooding  is  a  recurrent  problem  in  Spain  but 
natural  water  retention  measures  for  flood  prevention 
are  often  disregarded,  despite  being  sometimes  more 
cost-effective 
flood 
prevention,  as  well  as  being  cheaper  than  the  costs  of 
flood recovery84. 

infrastructure 

than  hard 

for 

Suggested action 

  Spain should continue improving its water policy in line 
with  the  intervention  logic  of  the  Water  Framework 
Directive (WFD). 

  The  methods  for  the  assessment  of  status  should  be 
fully  developed  to  improve  certainty  about  the  water 
status  and  monitoring  programmes 
should  be 
adequately funded. This will provide better information 
basis for decision making. 

  New physical  modifications of  water  bodies  should  be 
assessed  in  line  with  article  4(7)  of  the  WFD,  after 
considering 
adequate 
mitigation measures. 

alternative  options 

and 

  Control  of  water  abstraction  both  for  surface  and 
ground  waters  should  improve.  An  effective  water 
pricing policy including recovery of environmental and 
resource costs should be put in place, in particular for 
agriculture, in order to provide adequate incentive for 
efficient use of water. The setup of a national regulator 
or  supervisor  body  to  ensure  consistency  and  the 
adequate  cost-recovery  in  the  urban  tariffs  would  be 
also advisable. 

  Spain  shall  ensure  appropriate  designation  of  nitrate 
vulnerable  zones  and  reinforce  action  in  order  to 
address  nutrients  pollution  and  improve  water  quality 
over  time  (groundwater,  fresh  and  saline  surface 
waters) in these zones. 

  Complete  implementation  of  the  Urban  Waste  Water 
Treatment Directive for all agglomerations, by building 
up the necessary infrastructure. 

84 RPA, 2014. Study on Economic and Social Benefits of Environmental 
Protection and Resource Efficiency Related to the European Semester. 
Study for the European Commission, Annex 1: Country fiches 

Spain  21 

Enhancing the sustainability of cities  

The  EU  Policy  on  the  urban  environment  encourages 
cities  to 
implement  policies  for  sustainable  urban 
planning and design, including innovative approaches for 
urban  public 
sustainable 
buildings,  energy  efficiency  and  urban  biodiversity 
conservation.  

transport  and  mobility, 

SDG11  aims  at  making  cities  and  human  settlements 
inclusive, safe, resilient and sustainable. 

Europe is a Union of cities and towns; around 75% of the 
EU  population  are  living  in  urban  areas.85  The  urban 
environment  poses  particular  challenges 
the 
environment  and  human  health,  whilst  also  providing 
opportunities and efficiency gains in the use of resources.  

for 

The  Member  States,  European  institutions,  cities  and 
stakeholders have prepared a new Urban Agenda for the 
EU  (incorporating  the  Smart  Cities  initiative)  to  tackle 
these  issues  in  a  comprehensive  way,  including  their 
connections with social and economic challenges. At the 
heart  of  this  Urban  Agenda  will  be  the  development  of 
twelve  partnerships  on  the  identified  urban  challenges, 
including air quality and housing86.  

The  European  Commission  will 
benchmark system in 201787. 

launch  a  new  EU 

The  EU  stimulates  green  cities  through  awards  and 
funding,  such  as  the  EU  Green  Capital  Award  aimed  at 
cities  with  more  than  100,000  inhabitants  and  the  EU 
Green  Leaf  initiative  aimed  at  cities  and  towns,  with 
between 20,000 and 100,000 inhabitants. 

In the case of Spain, it should be highlighted that Vitoria-
Gasteiz  (in  the  region  of  País  Vasco)  received  the  EU 
Green  Capital  Award  in  201288.  Moreover,  Mollet  del 
Vallès  (in  the  region  of  Cataluña)  was  one  of  the  two 
cities winning the inaugural EU Green Leaf in 201589. 

It  should  be  highlighted  that  with  the  support  of  the 
ERDF  during  the  last  programming  periods  Spain  has 
developed important and outstanding initiatives in terms 
of  sustainable  urban  development  as  well  as  urban 
regeneration across many cities and towns. In the current 
period 2014-2020, Spain has also launched an ambitious 
and  comprehensive  initiative  in  favour  of  the  local 
administrations to promote Strategies on Sustainable and 

85 European Environment Agency, Urban environment 
86 http://urbanagendaforthe.eu/ 
87 The Commission is developing an Urban Benchmarking and 
Monitoring ('UBaM') tool to be launched in 2017. Best practices 
emerge and these will be better disseminated via the app featuring the 
UBaM tool, and increasingly via e.g. EUROCITIES, ICLEI, CEMR, 
Committee of the Regions, Covenant of Mayors and others. 
88 European Commission, Green Capital  
89 European Commission, 2015.  Mollet del Vallès wins inaugural 
European Green Leaf 2015  

Environmental Implementation Report – Spain 

 
 
 
 
                                                            
                                                            
Integrated Urban Development90. 

International agreements  

Spain  22 

Personal  transport  exacerbates  seasonal  problems  with 
air  quality  and  traffic  congestion91 
in  the  major 
metropolitan  areas  in  Spain,  leading  to  health  and 
economic  costs.  Recent  events  in  Madrid  clearly  show 
this 
its  consequences.  A  comprehensive 
approach 
is  needed  to  tackle  this  matter,  bringing 
environmental as well as economic and social benefits. 

issue  and 

In the framework of the National Plan of Air Quality and 
Protection  of  the  Atmosphere  2013-2016,  one  of  the 
measures  envisaged  by  the  Spanish  authorities  in  this 
direction  is  the  distribution  of  eco-labels  for  50%  of  the 
vehicles  in  Spain,  accounting  for  16  million  vehicles  that 
will  be  classified 
into  “Cero”,  “Eco”,  “C”  and  “B” 
according to their potential pollutants 92. 

The  EU  Treaties  require  that  the  Union  policy  on  the 
environment  promotes  measures  at  the  international 
level  to  deal  with  regional  or  worldwide  environmental 
problems. 

Most  environmental  problems  have  a  transboundary 
nature  and  often  a  global  scope  and  they  can  only  be 
addressed effectively through international co-operation. 
International  environmental  agreements  concluded  by 
the Union are binding upon the institutions of the Union 
and  on  its Member  States. This  requires  the  EU and the 
Member  States  to  sign,  ratify  and  effectively  implement 
all  relevant  multilateral  environmental  agreements 
(MEAs) in a timely manner. This will also be an important 
contribution  towards  the  achievement  of  the  SDGs, 
which Member States committed to in 2015 and include 
many  commitments  contained  already  in  legally  binding 
agreements. 

The  fact  that  some  Member  States  did  not  sign  and/or 
ratify  a  number  of  MEAs  compromises  environmental 
implementation,  including  within  the  Union,  as  well  as 
in  related  negotiations  and 
the  Union’s  credibility 
the 
international  meetings  where 
participation of third countries to such agreements is an 
established  EU  policy  objective.  In  agreements  where 
voting takes place it has a direct impact on the number of 
votes to be cast by the EU. 

supporting 

Spain  has  signed  and  ratified  almost  all  MEAs.  It  has 
signed  but  not  yet  ratified  the  Offshore  Protocol  of  the 
Barcelona Convention. 

90 Under the national ERDF OP Sustainable Growth 2014-2020, the 
EDUSI (Estrategias de Desarrollo Urbano Sostenible e Integrado) 
91 INRIX, 2015. Key Findings: INRIX 2015 Traffic Scoreboard  
92 See http://www.dgt.es/es/prensa/notas-de-prensa/2016/20160414-
dgt-clasifica-parque-vehiculos-funcion-potencial-contaminante.shtml.  

Environmental Implementation Report – Spain 

 
 
 
 
 
 
 
                                                            
 
 
Part II: Enabling Framework: Implementation Tools 

4. Market based instruments and investment  

Spain  23 

Green taxation and environmentally harmful 
subsidies 

Figure  12:  Environmental  tax  revenues  as  a  share  of 
total  revenues  from  taxes  and  social  contributions  
(excluding imputed social contributions) in 201493 

The Circular Economy Action Plan encourages the use of 
financial  incentives  and  economic  instruments,  such  as 
taxation  to  ensure  that  product  prices  better  reflect 
environmental costs. The phasing out of environmentally 
harmful  subsidies  is  monitored  in  the  context  of  the 
European  Semester  and  in  national  reform  programmes 
submitted by Member States. 

Taxing pollution and resource use can generate increased 
revenue  and  brings  important  social  and  environmental 
benefits.  Moreover,  environmentally-related  taxation  is 
one of the few taxes that are generally not detrimental to 
growth. 

Green taxes have been a tool commonly used to pursue 
environmental objectives in the various policy sectors in 
in 
Spain.  However,  there  was  an  overall  decline 
environmental  tax  collection  as  percentage  of  total  tax 
revenue  in  the  last  decade.  There  is  also  a  normative 
dispersion  and  for  certain  taxes  a  heterogeneous 
approach at regional and even at local level. 

In  Spain  revenues  from  environmental  taxes  as  a 
proportion  of  GDP  are  among  the  lowest  in  the  EU.  It 
should  be  noted  that  in  2012  Spain  was  the  Member 
State  with  the  lowest  rate:  1.6  %  of  the  GDP,  far  below 
EU average of 2.4%. This share represented a 10 year low 
for Spain, fallen from 2.08% of GDP in 2002. 

According  to  2014  data,  Spain  is  the  third  lowest  in  the 
EU  (after  Lithuania  and  Slovakia).  Revenues  from 
environmentally related taxes amounted to only 1.85% of 
GDP against an EU average of 2.46%. Moreover, Spain is 
one  of  the  countries  with  the 
lowest  share  of 
environmental taxation in revenues from taxes and social 
contributions  (5.5%  of  GDP  in  2014,  EU  average  6.35%), 
as shown in Figure 12. 

As in most Member States, the biggest chunk of revenues 
from  the  environmentally-related  taxes  comes  from 
energy taxes. 

Environmental  tax  reform  can  play  an  important  part  in 
sustaining  economic  growth.  Taxing  pollution  and 
resource  use  would  bring  in  additional  revenues,  and  at 
the  same  time  it  would  help  discouraging  activities  that 
will  bring  additional  cost  in  the  future  in  terms  of  clean 
up,  health  costs,  etc.  This  additional  revenue  could  also 
substitute for cuts in spending. 

Shifting  taxation  away  from  labour  towards  taxes  less 
harmful to growth remains a key challenge in Spain, and 
has been proposed as Country Specific Recommendation 
(CSR)  between  2012  and  2014  in  the  framework  of  the 
European Semester. 

Some  measures  have  been  taken  in  Spain  in  the  last 
years,  mainly  in  the  energy  sector.  A  tax  on  fluorinated 
greenhouse  gases  has  been  introduced  (Law  16/2013) 
and  is  being  phased-in  gradually  from  2014  to  be  fully 
applicable in 2016. Since 2013 (Law 15/2012), Spain has 
implemented taxes on the production of electric energy, 
on the production of radioactive fuel and on the storage 
of  radioactive  waste.  These  taxes  have  contributed  to 
slightly 
increase  the  above-mentioned  Spanish  rate. 
Moreover,  Spain  approved  in  2015  a  new  tax  regarding 
the  extraction  of  hydrocarbons  (gas  and  oil).  However, 
the  practical  effects  of  this  new  tax  are 
likely 
insignificants. 

Environmental Implementation Report – Spain 

93 Eurostat, Environmental tax revenues, accessed October 2016 

 
 
 
 
 
                                                            
There  is  clearly  room  to  review  environmental  taxes, 
mainly  in  the  transport  and  energy  sectors,  but  also  in 
the  pollution  and  resources  use  fields.  For  instance,  the 
municipal  vehicle  circulation  taxes  do  not  always  reflect 
the  environmental  performance  of  the  vehicles.  In 
addition,  new  options  in  the  waste  and  water  sectors 
could be explored. Landfill taxes may be a supportive tool 
on  treatment  of  municipal  waste.  The  water  pricing 
policy needs a revision and a new approach, being a key 
issue to improve water management in Spain. 

In  this  respect,  a  2016  study  suggests  that  there  is 
considerable  potential  for  additional  revenue  from 
environmental  taxes  in  Spain94.  Under  a  good  practice 
scenario95  these  taxes  could  generate  an  additional  EUR 
3.45  billion  by  2018,  rising  to  EUR  6.96  billion  by  2030 
(both  in  real  2015  terms).  This  is  equivalent  to  an 
increase  by  1.11%  and  1.82%  of  GDP  in  2018  and  2030, 
respectively. 

In the same vein, the Report issued in February 2014 by 
the  Committee  of  Experts  on  the  reform  of  the  Spanish 
tax system (Lagares report) made a complete analysis of 
this  matter,  proposing  specific  recommendations  to 
harmonize  and 
the  performance  of 
improve 
environmental taxes in Spain, increasing the revenues in 
a more logic and sustainable way. However, although this 
work  was  commissioned  by  the  Spanish  Government, 
these  measures  are  not  part  of  the  national  tax  reform 
approved in Spain at the end of 2014 (Law 26/2014). 

to 

This  report  and  the  above-mentioned  study  also  show 
that  many  environmental  taxes  for  example  concerning 
waste  management,  water  abstraction,  water  pollution, 
wastewater,  and  air  pollution  are  adopted  and 
implemented  at  regional  and  even  at  local  level,  with  a 
high normative dispersion and different approaches. This 
heterogeneous 
to  market 
lead 
fragmentation and economic inefficiencies. 

situation  may 

Therefore,  Spain  should  consider  the  full  potential  of 
environmental  taxation,  as  well  as  to  implement  a 
consistent  approach  across  the  country,  to  harvest 
environmental, economic and social (jobs) benefits. 

The reduction of environmentally harmful subsidies (EHS) 
is  another  key  challenge.  Spain  is  still  subsidising  fossil 
fuels,  local  coal,  company  cars,  and  diesel  compared  to 

94 Eunomia Research and Consulting, IEEP, Aarhus University, ENT, 
2016. Study on Assessing the Environmental Fiscal Reform Potential for 
the EU28. N.B. National governments are responsible for setting tax 
rates within the EU Single Market rules and this report is not 
suggesting concrete changes as to the level of environmental taxation. 
It merely presents the findings of the 2016 study by Eunomia et al on 
the potential benefits various environmental taxes could bring. It is 
then for the national authorities to assess this study and their concrete 
impacts in the national context. A first step in this respect, already 
done by a number of Member States, is to set up expert groups to 
assess these and make specific proposals. 
95 The good practice scenario means benchmarking to a successful 
taxation practice in another Member State. 

Spain  24 

petrol when the policy objectives could be achieved in a 
less environmentally harmful way. 

Spain has no overall strategy to eliminate EHS, although 
moving away from EHS can deliver economic, social and 
improved 
environmental 
competitiveness and support budget consolidation96. It is 
important to ensure that energy tax rates become more 
consistent across fuels and uses, and that the tax system 
does not unduly favour fossil-based solutions. 

benefits, 

allow 

for 

Spain is one of the main Member States using fossil fuel 
subsidies  (FFS)97.  The  diesel-petrol  differential  is  not 
justified from an environmental perspective: diesel emits 
higher levels of several air pollutants and should be taxed 
higher. The diesel differential in Spain is 26% (a figure of 
0% means the same level of taxation for petrol and diesel 
cars,  i.e.  no  diesel differential)98.  Lower diesel  tax  led  to 
"dieselisation" of the fleet in Europe. Currently in the EU 
more than 55% of new registrations are diesel cars; while 
in  Spain  this  goes  up  to  63%.  Furthermore,  exemptions 
from the coal tax should be also reconsidered. 

Therefore, developing a national strategy for phasing out 
environmentally  harmful  subsidies  would  be  a  positive 
approach for Spain. 

Green Public Procurement  

The  EU  green  public  procurement  policies  encourage 
Member States to take further steps to reach the target 
of applying green procurement criteria to at least 50% of 
public tenders. 

Green  Public  Procurement  (GPP)  is  a  process  whereby 
public  authorities  seek  to  procure  goods,  services  and 
works  with  a  reduced  environmental  impact  throughout 
their  life-cycle  when  compared  to  goods,  services  and 
works  with  the  same  primary  function  that  would 
otherwise be procured. 

The  purchasing  power  of  public  procurement  equals  to 
approximately  14%  of  GDP99.  A  substantial  part  of  this 
money  is  spent  on  sectors  with  high  environmental 
impact such as construction or transport, so GPP can help 
to  significantly  lower  the  impact  of  public  spending  and 
foster 
The 
innovative 
Commission has proposed EU GPP criteria100. 

businesses. 

sustainable 

96 2020 Milestone on phasing out EHS in the Roadmap to a Resource 
Efficient Europe (COM(2011) 571 final). 
97 http://www.oecd.org/site/tadffss/publication/ 
98 European Environment Agency 2016, Environmental taxation and EU 
environmental policies, Table 4.3, p.24. 
99 European Commission, 2015. Public procurement 
100 In the Communication “Public procurement for a better 
environment” (COM (2008)400) the Commission recommended the 
creation of a process for setting common GPP criteria. The basic 
concept of GPP relies on having clear, verifiable, justifiable and 
ambitious environmental criteria for products and services, based on a 

Environmental Implementation Report – Spain 

 
                                                            
                                                            
Overall, there is no horizontal and coherent nation-wide 
public  procurement  policy  in  Spain,  neither  are  there 
sufficient  controls  on  the  proper  implementation  of 
public  procurement  rules,  especially  at  sub-central 
government level101. 

The Green Public Procurement Plan of the State General 
Administration  and  its  Public  Entities  and  the  Managing 
Bodies  of  the  Social  Security  is  the  national  strategy  on 
It  was 
Green  Public  Procurement  (GPP)  of  Spain. 
approved in January 2008102. 

GPP  criteria  are  developed  at  the  national  level  for  the 
following product groups: construction and maintenance, 
energy, 
transport,  office  equipment,  paper  and 
publications,  furniture,  cleaning  products  and  services, 
implemented 
and  events.  Some  regions  have  also 
measures 
in  Catalonia,  the 
Government Agreement on Public Procurement is based 
on  the  EU  GPP  criteria  and  in  the  Basque  Country  GPP 
criteria  are  developed  based  on  market  consultation 
mainly based on EU GPP criteria103. 

in  this  respect,  e.g.: 

The  GPP  targets  are  to  have  levels  of  green  purchase 
between 25% and 100% depending on the product group 
and  implementation  phase.  Eight  product  groups  have 
been included, according to the priority groups of the EU 
Commission, along with a timescale for achieving specific 
targets.  Targets  for  consumption  reduction  and  energy 
mix have also been set104. 

Spain  has  adopted  two  reports  on  the  state  of  green 
public procurement in the State General Administration. 
The first report in November 2011 and the last one in July 
2015. 

The Second Report was produced in accordance with the 
provisions  of 
the  abovementioned  Green  Public 
Procurement  Plan,  reflecting  new  progress  since  the 
adoption  of  the  first  report  on  the  implementation  of 
measures in favour of green public procurement. 

of 

compliance,  with 

The  Report  reflects  overall  the  achievement  of  broad 
levels 
total 
practically 
in  most  of  the  above-
implementation  of  results 
mentioned  eight  product  groups  for  which  the  Plan 
prioritizes  the  inclusion  of  environmental  criteria.  The 
wide  replacement  of  paper  publications  by  electronic 
publications should be highlighted. 

Spain  25 

Investments: the contribution of EU funds  

European  Structural  and  Investment  Funds  Regulations 
provide  that  Member  States  promote  environment  and 
funding  strategies  and 
climate  objectives 
programmes 
territorial 
cohesion,  rural  development  and  maritime  policy,  and 
reinforce the capacity of implementing bodies to deliver 
cost-effective and sustainable investments in these areas. 

in  their 
for  economic, 

social  and 

Making  good  use  of  the  European  Structural  and 
Investment  Funds  (ESIF)105  is  essential  to  achieve  the 
environmental goals and integrate these into other policy 
areas.  Other  instruments  such  as  the  Horizon  2020,  the 
LIFE  programme  and  the  EFSI106  may  also  support 
implementation and spread of best practice. 

In  absolute  terms,  Spain  is  traditionally  a  very  relevant 
beneficiary of the EU Cohesion Policy107. 

The  EU  funding  received  by  Spain  during  the 
last 
programming  periods  has  significantly  contributed  to 
reach the environmental standards as well as to improve 
the  implementation  of EU  environmental  policy  and  law 
in many sectors, e.g.: water and waste. 

Current data suggest that the EU funds for the 2007-2013 
period were almost fully spent108. 
Spain will receive EUR 28.56 billion109 in total from the EU 
Cohesion  Policy  funding  over  the  programming  period 
2014-2020 (ERDF and ESF, including European Territorial 
Cooperation  funding  and  the  allocation  for  the  Youth 
Employment Initiative). 

Spain  will  also  receive  EUR  8.29  billion  for  rural 
development  (EARDF)  and  EUR  1.16  billion  for  fisheries 
and the maritime sector (EMFF). 

is  no 

less  EU 

In the period 2014-2020, 13 out of the 19 Spanish regions 
are  reaching  the  status  of  "more  developed"  and 
funding,  whereas  the 
therefore  receiving 
Cohesion  Fund 
to  Spain. 
Environmental  investments  have  also  to  follow  the  new 
design of the EU Cohesion Policy and the main priorities 
reflected in the thematic concentration (Innovation, TICs, 
SMEs  and  Low  Carbon  Economy).  Nevertheless,  the 
direct environmental investments are still significant and 
represent around 11.8% of the ERDF (EUR 2.3 billion). 

longer  available 

life-cycle approach and scientific evidence base. 
101 Commission Staff Working Document: Country Report Spain 2016 in 
the framework of the European Semester (SWD(2016) 78 final, of 
26.2.2016. 
102 State Official Journal (BOE) of 31.01.2008:  
103 European Commission, 2015 Documentation on National GPP Action 
Plans 
104 European Commission, 2015 Documentation on National GPP Action 
Plans 

105 ESIF comprises five funds – the European Regional Development 
Funds (ERDF), the Cohesion Fund (CF), the European Social Fund (ESF), 
the European Agricultural Fund for Rural Development (EAFRD), and 
the European Maritime and Fisheries Fund (EMFF). The ERDF, the CF 
and the ESF together form the Cohesion Policy funds. 
106 European Investment Bank, 2016 European Fund for Strategic 
Investments 
107 In absolute terms, Spain was the main beneficiary until the period 
2000-2006; the second in 2007-2013 and the third in 2014-2020. 
108 Final data for the period 2007-2013 will only be available at the end 
of 2017. 
109 Current prices, November 2011. These figures do not include the 
results of the MFF mid-term review. 

Environmental Implementation Report – Spain 

 
                                                                                                 
                                                            
Figure  13:  European  Structural  and  Investment  Funds 
2014-2020: Budget Spain by theme, EUR billion110 

In terms of environmental sectors, the main priorities in 
Spain  for  ERDF  2014-2020  are:  wastewater  (around EUR 
1.1  billion), 
industrial  sites  and 
contaminated  land  (EUR  265  million),  biodiversity  and 
Natura 2000 (EUR 225 million) and adaptation to climate 
change (EUR 195 million). 

rehabilitation  of 

There  is  a  national  OP  on  Sustainable  Growth,  with  the 
largest  ERDF  allocation  (around  EUR  5.5  billion)  with  4 
priority  axes:  Low  carbon  economy,  Sustainable  urban 
development,  Water  quality,  and  Sustainable  transport. 
This  OP  concentrates  a  high  part  of  the  environmental 
investments,  although  they  are  also  present  in  many 
regional ERDF OPs. 

Moreover, it should be highlighted the various territorial 
cooperation  ERDF  OPs  (transnational  and  cross-border 
cooperation)  with  the  participation  of  Spain  where  the 
environmental investments have a considerable weight. 

The  environmental  integration  has  been  ensured  in  the 
Partnership  Agreement  2014-2020  and  the  different 
Operational  Programmes  for  the  four  ESIF  through  the 
application of the SEA Directive and by other means. The 
Spanish  Network  of  Environmental  Authorities,  with  the 
participation  of  DG  ENV  and  DG  REGIO,  plays  an 
important  role  to  promote  environmental  integration 
into the EU funding. 

110 European Commission, European Structural and Investment Funds 
Data By Country 

Spain  26 

The  thematic  environmental  ex-ante  conditionalities 
(EAC)  on  Water  and  Waste  have  been  only  partially 
fulfilled  by  Spain.  Therefore,  Action  Plans  have  been 
agreed  with  the  Spanish  authorities  to  comply  with  all 
the criteria by end-2016. These action plans play a major 
role 
implementation  of  the  EU 
environmental  policy,  and  foster  a  dialogue  with  the 
national competent authorities. 

in  accelerating  the 

The general environmental EAC on EIA/SEA (looking into 
the  legal  framework  and  the  effective  arrangements  to 
comply with the environmental impact assessment rules) 
was  considered  as 
the 
fulfilled,  also  considering 
commitments undertaken by the Spanish authorities. 

Spain should take advantage of the ESIF available for the 
programming  period  2014-2020  in  order  to  improve  the 
compliance with the EU environmental law and policy, as 
well  as  to  use  the  potential  of  the  green  economy  for 
competitiveness and job creation. 

It  is  too  early  to  draw  conclusions  about  the  use  and 
result  of  ESIF  for  the  period  2014-2020,  as  the  relevant 
programmes  are  still 
in  an  early  stage  of  their 
implementation. 

Regarding the integration of environmental concerns into 
the Common Agricultural Policy (CAP), the two key areas 
for Spain (as for all Member States) are, first, using Rural 
Development  funds  to  pay  for  environmental 
land 
management  and  other  environmental  measures,  while 
avoiding  financing  measures  which  could  damage  the 
environment;  and  second,  to,  ensuring  an  effective 
implementation of the first pillar of the CAP with regard 
to  cross  compliance  and  1st  pillar  'greening'.  30  %  of 
is  allocated  to  greening 
direct  payment  envelope 
practices 
environment.  An 
for 
environmentally  ambitious  implementation  of  1st  pillar 
greening  would 
the 
clearly  help 
environmental  situation  in  areas  not  covered  by  rural 
development, including intensive area. 

beneficial 

improve 

the 

to 

It  should  be  noted  that  the  implementation  of  the 
eligibility of land for Pillar I of the CAP (direct payments) 
by  Spain  is  very  restrictive  and  lists  elements  with 
reduction power (lowering number of hectares for which 
direct  payments  are  received)  which  are  not  standard 
elements  (e.g.  slope).  High  number  of  hectares  of 
silvopastoral systems found themselves ineligible for CAP 
payments, or their eligibility (number of hectares eligible) 
got  significantly  decreased.  This  is  also  due  to  the  fact 
that under Rural Development Programmes (fund EAFRD) 
in  the  agri-environment-climate  measure  only  parcels 
that are eligible under Pillar I of the CAP can receive per 
for  e.g.  extensive  management, 
hectare  support 
biodiversity-  related  actions- 
in  a  way  that  Spain 
implements  it.  This  is  very  problematic  and  potentially 
affects huge areas of Natura 2000 habitats dependant on 
(some  level  of)  grazing.  It  is  of  crucial  importance  that 

Environmental Implementation Report – Spain 

 
 
                                                            
Spain  27 

land  managers,  farmers,  who  provide  public  goods  via 
traditional  farming,  supporting  number  of  ecosystem 
services, find their parcels eligible for funding under CAP 
as far as there is an active management of land. 

Spain is suggested to improve the rules, via constructive 
dialogue  with  the  European  Commission,  including  DG 
ENV,  in  order  not  to  disadvantage  land  managers  who 
practice active agricultural land management. 

Regarding a pure environmental financial instrument like 
the  LIFE  programme,  it  should  be  noted  that  since  the 
launch  of  the  LIFE  programme  by  the  European 
Commission  in  1992,  a  total  of  738  projects  have  been 
financed in Spain. Of these, 458 focus on environmental 
innovation 
and  demonstration,  261  on  nature 
conservation  and  wildlife  biodiversity  and  9  on 
information  and  communication.  As  of  2014,  8  Climate 
Action  projects  are  also  being  co-funded  by  LIFE.  These 
projects  represent  a  total  investment  of  EUR  1.2  billion, 
of  which  EUR  573  million  has  been  contributed  by  the 
European Union. 

For the period 2014-2017 some EUR 75 million have been 
indicatively  earmarked  for  Spain  through  a  national 
allocation. It is expected that the success rate of Spanish 
projects  will  not  be  affected  by  the  abandonment  of 
national  allocations  as  of  2018,  since  there  have  always 
been sufficient Spanish applications with a high merit. 

Spain  has  always  been  one  of  the  countries  with  the 
highest  number  of  proposals  submitted  to  the  LIFE 
programme and Spanish projects have traditionally been 
successful 
in  achieving  their  objectives.  Thus,  LIFE 
projects in Spain have, e.g., achieved the increase of the 
Spanish  marine  protected  areas  from  less  than  1%  to 
more  than  8%  of  the  marine  territory,  improved  the 
status  of  the  most  endangered  feline  worldwide,  the 
Iberian lynx, from critically endangered' to 'endangered', 
and substantially raised the awareness in Spain regarding 
the  socio-economic  advantages  of  Natura2000  and  of 
sustainable resource management. 

Environmental Implementation Report – Spain 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
5. Effective governance and knowledge 

Spain  28 

Capacity to implement rules 

is 

that 

crucial 

regional  and 

It 
local 
central, 
administrations  have  the  necessary  capacities  and  skills 
and training to carry out their own tasks and co-operate 
and  co-ordinate  effectively  with  each  other,  within  a 
system of multi-level governance. 

The  2013  European  Quality  of  Government  Index  puts 
Spain in 15th place out of the 28 Member States112. 

to 

According 
the  World  Bank  2015  Worldwide 
Governance  Indicators,  Spain  scores  well  below  the  EU 
average  for  the  government  effectiveness 
indicator, 
which  captures  the  perceptions  of  the  quality  of  public 
services,  the  capacity  of  the  civil  service  and 
its 
independence from political pressures, and the quality of 
policy formulation113. 

During  the  last  years,  there  has  been  some  progress  in 
Spain in order to streamline and to improve the efficiency 
of the different public administrations. At the same time, 
due to the economic crisis, the public sector has suffered 
the 
of 
environmental sector as well. 

important 

cutbacks, 

affecting 

resource 

Spain's public administration is highly decentralised. This 
is  illustrated  by  the  share  of  spending  managed  by  the 
regional  and  local  government  levels  (39%  of  total  non-
consolidated  expenditure  over  2018-2014).  This  is  even 
more accentuated in the field of the environment. 

SDG  16  aims  at  providing  access  to  justice  and  building 
effective,  accountable  and  inclusive  institutions  at  all 
levels. SDG 17 aims at better implementation, improving 
policy  coordination  and  policy  coherence,  stimulating 
science, 
innovation,  establishing 
partnerships and developing measurements of progress. 

technology 

and 

Effective governance of EU environmental legislation and 
policies  requires  having  an  appropriate 
institutional 
framework,  policy  coherence  and  coordination,  applying 
legal  and  non-legal  instruments,  engaging  with  non-
governmental  stakeholders,  and  having  adequate  levels 
of  knowledge  and  skills111.  Successful  implementation 
depends, to a large extent, on central, regional and local 
government  fulfilling  key  legislative  and  administrative 
tasks,  notably  adoption  of 
implementing 
legislation,  co-ordinated  action  to  meet  environmental 
objectives  and  correct  decision-making  on  matters  such 
as  industrial  permits.  Beyond  fulfilment  of  these  tasks, 
government  must 
to  ensure  day-to-day 
compliance  by  economic  operators,  utilities  and 
individuals  ("compliance  assurance").  Civil  society  also 
has  a  role  to  play,  including  through  legal  action.  To 
underpin the roles of all actors, it is crucial to collect and 
share  knowledge  and  evidence  on  the  state  of  the 
environment  and  on  environmental  pressures,  drivers 
and impacts. 

intervene 

sound 

Equally,  effective  governance  of  EU  environmental 
legislation  and  policies  benefits  from  a  dialogue  within 
Member  States  and  between  Member  States  and  the 
Commission  on  whether  the  current  EU  environmental 
legislation  is  fit  for  purpose.  Legislation  can  only  be 
properly 
into  account 
experiences  at  Member  State  level  with  putting  EU 
commitments  into  effect.  The  Make  it  Work  initiative,  a 
Member  State  driven  project,  established 
in  2014, 
organizes a discussion on how the clarity, coherence and 
legislation  can  be 
structure  of  EU  environmental 
improved without lowering existing protection standards. 

implemented  when 

it  takes 

Effective governance within central, regional 
and local government 

Those  involved  in  implementing  environment  legislation 
at  Union,  national,  regional  and  local  levels  need  to  be 
equipped  with  the  knowledge,  tools  and  capacity  to 
improve  the  delivery  of  benefits  from  that  legislation, 
and the governance of the enforcement process. 

(1978)  provides 

The  Spanish  Constitution 
for  the 
exclusive  competence  of  the  State  (national  Parliament 
legislation  for 
and  Government)  to  approve  basic 
environmental  protection  without  detriment  to  the 
competence  of 
to 
establish additional protection measures and to develop 
the basis legislation. 

the  Autonomous  Communities 

111 The Commission has work ongoing to improve the country-specific 
knowledge about quality and functioning of the administrative systems 
of Member States. 

112 Charron N., 2013. European Quality of Government Index (EQI) 
113 World Bank - Worldwide Governance Indicators 2015  

Environmental Implementation Report – Spain 

 
 
                                                            
 
                                                            
to 

the 

regions, 

although 

Most of the environmental implementation competences 
belong 
central 
administration  has  still  important  powers  in  fields  like 
water  management  in  rivers  that  flow  through  different 
regions and coastal protection. The local authorities have 
also  an  important  role  in  fields  like  waste  management, 
air quality or sustainable urban development. 

the 

The  various  public  administrations 
in  the 
implementation  of  environmental  law  have  a  different 
level  of  financial  and  human  resources  available  to 
undertake their tasks. 

involved 

the  Spanish 
The  Spanish  Government  approved 
Sustainable  Development  Strategy  (SDS) 
in  2007.  A 
periodic  review  and  monitor  of  this  SDS  has  not  been 
carried-out,  namely  after  the  economic  crisis  started  in 
2008.  In  addition,  various  Autonomous  Communities 
have also approved their regional SDS. 

idea  of 

sustainability 

re-emerged  with 

The 
the 
Sustainable  Economy  Law,  adopted  in  2011.  While  a 
welcome  articulation  of  what  a  sustainable  economy 
might  mean  in  the  Spanish  context,  the  Sustainable 
Economy  Law  generally  reaffirms  previously  existing 
commitments,  with  environmental  actions  implemented 
separately from other action areas covered by the law114. 
Furthermore,  this  Law  provided  for  a  periodic  report  on 
its  implementation  and  results,  which  however  has  not 
been undertook. 

the  pending 

Environmental  policy  developments  in  Spain  are  mainly 
driven  by  EU  Directives  and  Regulations.  During  the  last 
decade,  there  has  been  a  progress  regarding  the 
transposition in time of EU environmental Directives. The 
Commission  has  traditionally  received  a  very  high 
number  of  complaints  against  Spain  in  the  field  of  the 
environment.  Overall,  the  Spanish  authorities  have  a 
smooth  cooperation  with  the  Commission  services  to 
implementation  of 
issues  on 
solve 
environmental  law.  The  number  of  infringements  has 
decreased  during  the  last  years.  However,  important 
implementation gaps remain, e.g.: in the wastewater and 
waste  sectors.  Several cases brought  to  the  attention of 
the  Commission  also 
indicate  that  enforcement  of 
environmental  legislation  is  not  always  effective,  i.e. 
unlawful  activities  continue  or 
the  environmental 
for  years  despite  the 
damage 
intervention of the competent authorities115. 

is  not  addressed 

Spain  29 

The transposition of the revised EIA Directive117 will be an 
opportunity  to  streamline  the  regulatory  framework  on 
environmental assessments. 

to  avoid  overlaps 

The  Commission  encourages  the  streamlining  of  the 
in 
environmental  assessments 
environmental  assessments  and  accelerate  decision-
making,  without  compromising  the  quality  of  the 
environmental  assessment  procedure.  The  Commission 
has issued a guidance document in 2016118 regarding the 
setting  up  of  coordinated  and/or  joint  procedures  that 
are simultaneously subject to assessments under the EIA 
Directive, Habitats Directive, Water Framework Directive, 
and the Industrial Emissions Directive. 

Over  the  last  years,  Spain  has  taken  different  measures 
to streamline the EIA process, like the new national basic 
legislation on EIA & SEA119. 

Spain's  highly  decentralised  administration  creates 
coordination  challenges,  namely  in  various  policy  areas, 
such as the environment. 

The  Spanish  legal  system  foresees  some  mechanisms  of 
cooperation  and  coordination  at  political  and  technical 
level,  mainly  between  the  State  administration  and  the 
Autonomous  Communities,  like  the  Sectoral  Conference 
on  Environment  and  some  technical  and  participatory 
committees,  like  the  National  Council  on  Water  and  the 
Environment  Advisory  Council.  However,  there  is  clear 
room  to  improve  and  strengthen  these  cooperative 
actions. 

As a good practice, it is worth to highlight the experience 
of  the  Spanish  Network  of  Environmental  Authorities, 
which  is  a  purely  technical  forum  of  managing  and 
environmental  authorities 
foster  environmental 
integration  into  the  implementation  of  the  EU  Cohesion 
Policy in Spain. This network created in 1997 has served 
as 
integration 
networks  in  other  Member  States  and  even  for  the 
European  Network  of  Managing  and  Environmental 
Authorities (ENEA-MA). 

inspiration  for  similar  environmental 

to 

Suggested action 

  Spain should address the fragmentation at regional and 
levels  by  developing  better  coordination 

local 
mechanisms for environment. 

Coordination and integration 

Impact  assessments  are 
environmental integration in all government policies116. 

important  tools  to  ensure 

114 OECD Environmental Performance Review: Spain 2015 
115 Such as the Seseña waste tyres dump site in the province of Toledo, 
near Madrid, that eventually caught fire in May 2016. 
116 Article 11 of the TFEU provides that "Environmental protection 

requirements must be integrated into the definition and 
implementation of the Union's policies and activities, in particular with 
a view to promoting sustainable development." 
117 The transposition of Directive 2014/52/EU is due in May 2017. 
118 European Commission, 2016. Commission notice — Commission 
guidance document on streamlining environmental assessments 
conducted under Article 2(3) of the Environmental Impact Assessment 
Directive (Directive 2011/92/EU of the European Parliament and of the 
Council, as amended by Directive 2014/52/EU). 
119 Law 21/2013, of 9 December 2013, on environmental impact 
assessments. 

Environmental Implementation Report – Spain 

 
                                                            
                                                                                                 
Compliance assurance 

EU  law  generally  and  specific  provisions  on  inspections, 
other  checks,  penalties  and  environmental  liability  help 
lay  the  basis  for  the  systems  Member  States  need  to 
have 
secure  compliance  with  EU 
to 
environmental rules. 

in  place 

Public  authorities  help  ensure  accountability  of  duty-
holders by monitoring and promoting compliance and by 
taking credible follow-up action (i.e. enforcement) when 
breaches occur or liabilities arise. Compliance monitoring 
initiative  of  authorities 
can  be  done  both  on  the 
themselves  and  in  response to  citizen complaints. It  can 
involve  using  various  kinds  of  checks, 
including 
inspections  for  permitted  activities,  surveillance  for 
possible  illegal  activities,  investigations  for  crimes  and 
audits for systemic weaknesses. Similarly, there is a range 
of  means  to  promote  compliance,  including  awareness-
raising  campaigns  and  use  of  guidance  documents  and 
online  information  tools.  Follow-up  to  breaches  and 
liabilities  can 
(e.g. 
withdrawal of a permit), use of criminal law120 and action 
law  (e.g.  required  remediation  after 
under 
damage  from  an  accident  using 
liability  rules)  and 
contractual  law  (e.g.  measures  to  require  compliance 
with  nature  conservation  contracts).  Taken  together,  all 
of these interventions represent "compliance assurance" 
as shown in Figure 14. 

include  administrative  action 

liability 

Figure 14: Environmental compliance assurance 

 

 

Spain  30 

networks  of  inspectors,  police,  prosecutors  and  judges, 
such as IMPEL121, EUFJE122, ENPE123 and EnviCrimeNet124, 
is  a  valuable  tool  for  sharing  experience  and  good 
practices. 

Currently, there exist a number of sectoral obligations on 
inspections  and  the  EU  directive  on  environmental 
liability  (ELD)125  provides  a  means  of  ensuring  that  the 
"polluter-pays  principle" 
is  applied  when  there  are 
accidents  and  incidents  that  harm  the  environment. 
There is also publicly available information giving insights 
into  existing  strengths  and  weaknesses  in  each  Member 
State. 

For  each  Member  State,  the  following  were  therefore 
reviewed:  use  of  risk-based  compliance  assurance; 
coordination  and  co-operation  between  authorities  and 
participation in pan-European networks; and key aspects 
of implementation of the ELD based on the Commission's 
recently  published  implementation  report  and  REFIT 
evaluation126. 

Spain  has  taken  some  significant  steps  to  underpin  risk-
based compliance assurance: 
 

in 2008, on the initiative of the Spanish Autonomous 
Communities, the Environmental Inspection Network 
was  established  (Red  de  Inspección  Ambiental  - 
REDIA)  with  the  aim  of  improving  cooperation  and 
achieving  greater  consistency  of  inspection  work 
across the country through production of guidelines 
and common standards and training facilitation127.  
recognising  the  need  for  professional  specialisation 
to  effectively  tackle  environmental  crime,  Spain  has 
created  a  police  unit 
to  combat 
environmental  crime  as  well  as  a  specialised 
Environmental  Prosecution  Authority  which  has 
already  impressive  successes  in  investigation  and 
prosecution  of  organised  environmental  crime.  It 
publishes  an  annual  report  on  its  activities,  setting 
out  the  key  issues  investigated  during  the  year  as 
well as providing statistics. 
a  LIFE+  funded  project  to  address  a  problem  of 
poisoning of rare birds of prey through illegal use of 
poisons128 
risk-based 

the  use  of 

(SEPRONA) 

illustrates 

Best  practice  has  moved  towards  a  risk-based  approach 
at strategic and operational levels in which the best mix 
of compliance monitoring, promotion and enforcement is 
directed at the most serious problems. Best practice also 
recognises  the  need  for  coordination  and  cooperation 
between  different  authorities  to  ensure  consistency, 
avoid  duplication  of  work  and  reduce  administrative 
burden. Active participation in established pan-European 

120 European Union, Environmental Crime Directive 2008/99/EC 

121 European Union Network for the Implementation and Enforcement 
of Environmental Law 
122 European Union Forum of judges for the environment 
123 The European Network of Prosecutors for the Environment 
124 EnviCrimeNet 
125 European Union, Environmental Liability Directive 2004/35/CE, p.56 
126 COM(2016)204 final and COM(2016)121 final of 14.4.2016. This 
highlighted the need for better evidence on how the directive is used 
in practice; for tools to support its implementation, such as guidance, 
training and ELD registers; and for financial security to be available in 
case events or incidents generate remediation costs. 
127http://www.magrama.gob.es/en/calidad-y-evaluacion-
ambiental/temas/medio-ambiente-industrial/inspeccion-
ambiental/redia/.  
128 According to a study prepared for the Commission, Spain belongs to 
the Member States where poisoning is widespread and has at least a 

Environmental Implementation Report – Spain 

 
 
                                                            
                                                            
compliance  assurance,  with  compliance  promotion, 
compliance  monitoring  and  enforcement 
all 
combined in an overall strategy129. 

However,  there  are  significant  differences  between 
regions in terms of available resources and the used tools 
and  instruments,  such  as  inspection  plans,  inspections 
reports and performance monitoring130. 

Up-to-date  information  is  lacking  in  relation  to  the 
following: 

 

  data-collection  arrangements  to  track  the  use  and 
effectiveness  of  different  compliance  assurance 
interventions; 
the extent to which risk-based methods are used to 
direct  compliance  assurance  both  at  the  strategic 
level  and 
in  specific  problem-areas  highlighted 
elsewhere in this Country Report, i.e. the threats to 
protected  habitat  types  and  species,  air  quality 
problems,  the  pressures  on  water  quality  from 
diffuse and point water pollution and the problem of 
over-abstraction of water131. 

Spanish  regional  inspection  authorities  and  the  Spanish 
Environmental  Prosecution  Authority  actively  contribute 
to the work of IMPEL and ENPE. 

moderate conservation impact on bird species (Bio Intelligence 2011 
Report, p. 22).  
129 The VENENO project team has, inter alia, drawn up the Action Plan 
for Eradication of the Illegal Use of Poison in the Countryside (Plan de 
Acción para la erradicación del uso ilegal de veneno en el Medio 
Natural) and four procedural protocols (for dealing with cases of 
poisoning in wildlife rescue centres and toxicology laboratories; for law 
enforcement officials in charge of collecting presumably poisoned 
fauna or bait and the preliminary investigation; general legal protocol 
for administrative action and liaison with criminal proceedings deriving 
from the use of poisoned bait in the countryside; and a protocol for 
law enforcement officials in charge of surveillance and preventive 
action) recognising that enforcement work involves a chain that 
extends from surveillance through to the choice and application of 
remedies and sanctions. It should be noted that the project related 
work led to cases being brought court and that it provided assistance 
in poison-related cases in criminal and administrative proceedings with 
impressive outcomes. See for details at: 
http://www.venenono.org/?page_id=289.  
130Mazur, E. (2011), 'Environmental Enforcement in Decentralised 
Governance Systems: Toward a Nationwide Level Playing Field', OECD 
Environment Working Papers No 34, p. 20 and 27; Impact Assessment 
study into possible options for revising recommendation 2001/331/EC 
providing for minimum criteria for environmental inspections (RMCEI), 
p. 198f. (see pp. 203-205). 
131 Illegal water abstraction represents in Spain a major threat 
particularly at times of drought. While Drought Management Plans 
curtail irrigation to ensure that priority needs are met, farmers resort 
to illegal groundwater abstractions to protect their crop against 
drought. See EEA Report No 1/2012. Towards efficient use of water 
resources in Europe, p. 15. The checklists used by cross-compliance 
inspectors in Spain indicate the actual volume of water abstracted is 
currently not checked against permits undermining the effectiveness 
of compliance assurance, see European Court of Auditors, Special 
report 2014/04, Integration of water policy objectives with the CAP: a 
partial success, p. 31.  

Spain  31 

the  Prevention 

The  Aznalcóllar  accident  in  1998  sensitized  Spain  to  the 
importance  of  environmental  liability.  For  the  period 
2007-2013, 
it  reported  eleven  confirmed  and  one 
pending  case  of  environmental  damage  under  the 
Environmental  Liability  Directive.  To  ensure  an  effective 
it  established  a 
implementation  of  the  Directive, 
Technical  Commission  on 
and 
Remediation  of  Environmental  Damage  for  facilitate 
cooperation  between  the  central  Government  and  the 
Autonomous  Communities.  The  Technical  Commission 
has 
on 
environmental  liability  supply  models,  technical  advice 
and  analysis,  sectorial  tools  for  environmental  risk 
assessment,  and  the  priority  calendar  for  phasing  in 
gradually  mandatory  financial  security.  The  mandatory 
financial  security  is  backed  up  with  cost-free  electronic 
support  tools  aimed  at  helping  operators  to  better 
calculate  their  risks.  Spain  also  has  an  insurance  pool 
(Pool  Español  de  Riesgos  Medioambientales),  which 
works closely with both government and industry. 

undertaken  work 

sub-groups 

through 

Suggested action 

  Improve transparency on organisation and functioning 
of compliance assurance system and on how significant 
risks are addressed. 

Public participation and access to justice 

The  Aarhus  Convention,  related  EU  legislation  on  public 
participation and environmental impact assessment, and 
the case-law of the Court of Justice require that citizens 
and  their  associations  should  be  able  to  participate  in 
decision-making  on  projects  and  plans  and  should  enjoy 
effective environmental access to justice. 

Citizens  can  more  effectively  protect  the  environment  if 
they can rely on the three "pillars" of the Convention on 
Access  to  Information,  Public  Participation  in  Decision-
making  and  Access  to  Justice  in  Environmental  Matters 
("the  Aarhus  Convention").  Public  participation  in  the 
administrative  decision  making  process  is  an  important 
element to ensure that the authority takes its decision on 
the  best  possible  basis.  The  Commission  intends  to 
examine compliance with mandatory public participation 
requirements more systematically at a later stage. 

Access  to  justice  in  environmental  matters  is  a  set  of 
guarantees  that  allows  citizens  and  their  associations  to 
challenge  acts  or  omissions  of  the  public  administration 
for  decentralised 
It 
before  a  court. 
implementation of EU environmental law. 

is  a 

tool 

For  each  Member  State,  two  crucial  elements  for 
effective  access  to  justice  have  been  systematically 
reviewed:  the  legal  standing  for  the  public,  including 
NGOs and the extent to which prohibitive costs represent 
a barrier. 

Environmental Implementation Report – Spain 

 
                                                                                                 
Spain  32 

in  each  Member  State  –  i.e.  data  related  to  specific 
locations,  such  as  air  quality  monitoring  data.  Amongst 
other  benefits 
it  facilitates  the  public  authorities' 
reporting obligations.  

accessibility  of 
State, 
For  each  Member 
environmental data (based on what the INSPIRE Directive 
envisages)  as  well  as  data-sharing  policies  ('open  data') 
have been systematically reviewed137. 

the 

indicated 

in  the  3-yearly 

incorporates  Directives 

Spain's  performance  on  the 
implementation  of  the 
INSPIRE  Directive  as  enabling  framework  to  actively 
disseminate  environmental  information  to  the  public  is 
INSPIRE 
good.  Spain  has 
implementation report138 that the necessary data-sharing 
policies  allowing  access  and  use  of  spatial  data  by 
national 
States' 
administrations,  other  Member 
administrations  and  EU  institutions  without  procedural 
implemented.  In  Spain, 
obstacles  are  available  and 
sharing  of  information  between  public  bodies  is  well 
defined  by  law.  In  case  of  environmental  information, 
data  is  made  available  under  Law  27/2006  of  18  July139, 
and 
which 
2003/35/EC141.  More 
the  Spanish 
administrations  have  already  released  and  published 
their spatial data as open data. 
Assessments of monitoring reports142 issued by Spain and 
the  spatial  information  that  Spain  has  published  on  the 
INSPIRE  geoportal143 
that  not  all  spatial 
indicate 
and 
evaluation 
for 
needed 
information 
implementation of EU environmental law has been made 
available  or  is  accessible.  The  larger  part  of  this  missing 
spatial  information  consists  of  the  environmental  data 
required  to  be  made  available  under  the  existing 
reporting 
EU 
environmental law, though some elements are available. 

and  monitoring 

2003/4/EC140 

than  30%  of 

regulations 

the 

of 

Suggested action 

  Identify and document all spatial data sets required for 
the  implementation  of  environmental  law,  and  make 
the  data  and  documentation  at  least  accessible  'as  is' 
to  other  public  authorities  and  the  public  through  the 
digital services foreseen in the INSPIRE Directive. 

The Spanish legal system grants the public the possibility 
to  bring  environmental  cases  to  the  courts.  However,  in 
case  of  omissions  and  inactivity  on  behalf  of  the  public 
administration,  the  public  seems  to  have  difficulties  in 
legal  standing  to  challenge  the  situation. 
obtaining 
Furthermore, bringing administrative cases to the courts 
seems  to  be  expensive.  The  expected  cost  may  prevent 
the  public  to  bring  cases  to  the  court.  The  existing  legal 
assistance  program  does  not  seem  to  be  sufficient  to 
compensate for the expensive costs132. 

Suggested action 

  Take  the  necessary  measures  to  ensure  that  the  costs 
of legal challenges involving EU environmental law are 
not  prohibitively  expensive,  and 
line  with  the 
requirements  of  EU 
law  as  well  as  the  Aarhus 
Convention. 

in 

Access to Information, knowledge and 
evidence 

The  Aarhus  Convention  and  related  EU  legislation  on 
access  to  information  and  the  sharing  of  spatial  data 
require that the public has access to clear information on 
the environment, including on how Union environmental 
law is being implemented. 

authorities 

public 
the  public, 

and 
increasingly 

It is of crucial importance to public authorities, the public 
and business that environmental information is shared in 
an  efficient  and  effective  way.  This  covers  reporting  by 
active 
and 
businesses 
through 
to 
dissemination 
electronic means. 
The  Aarhus  Convention133,  the  Access  to  Environmental 
Information  Directive134  and  the  INSPIRE  Directive135 
together  create  a  legal  foundation  for  the  sharing  of 
environmental  information  between  public  authorities 
and with the public. They also represent the green part of 
the  ongoing  EU  e-Government  Action  Plan136.  The  first 
to  provide 
two 
information  to  the  public,  both  on  request  and  actively. 
The  INSPIRE  Directive  is  a  pioneering  instrument  for 
electronic  data-sharing  between  public  authorities  who 
can  vary  in  their  data-sharing  policies,  e.g.  on  whether 
access to data is for free. The INSPIRE Directive sets up a 
geoportal which indicates the level of shared spatial data 

create  obligations 

instruments 

132 See study on access to justice in environmental matters in 
2012/2013 
133 European Union, Directive 2003/4/EC on public access to 
environmental information 
134 European Union, INSPIRE Directive 2007/2/EC 
135 European Commission, 2016. INSPIRE Directive  
136 European Union, EU eGovernment Action Plan 2016-2020 
Accelerating the digital transformation of government COM(2016) 179 
final 

137 Upon request by the Commission, most Member States provided an 
INSPIRE Action Plan addressing implementation issues. These plans are 
currently being assessed by the Commission.  
138 European Commission, INSPIRE reports 
139 https://www.boe.es/buscar/doc.php?id=BOE-A-2006-13010  
140 European Union, Directive 2003/4/EC on public access to 
environmental information 
141 Directive 2003/35/EC  
142 Inspire indicator trends 
143 Inspire Resources Summary Report 

Environmental Implementation Report – Spain