Notice of closure of multiple complaint CHAP(2014) 1984
Date: 2017-03-25
Institutions: European Commission
Subjects: Community of Valencia, Mediterranean Sea, Spain, conservation of resources, environmental impact, hydrocarbon, petroleum exploration, resources of the sea, seismic monitoring, underwater mineral resources








C_2017094EN.01001601.xml










25.3.2017   


EN


Official Journal of the European Union


C 94/16





Notice of closure of multiple complaint CHAP(2014) 1984
(2017/C 94/10)
In 2014 the Commission received a multiple complaint given the reference CHAP(2014) 1984 which concerned the possible incorrect application of Article 12 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (1) as it concerns the adoption of emergency measures for situations where there is a serious threat to the conservation of marine biological resources. The complaint concerned the project to obtain 3D seismic data in the waters of the Gulf of Valencia with a view to prospecting for possible hydrocarbon reserves. Following a study of this complaint and the allegations made in it, the Commission has not been able to detect any evidence of a breach of EU legislation.
According to the information available, the environmental impact assessment procedure of the project under discussion had not even been completed at the time the complaint was made. This means that no imminent threat could be perceived which might trigger the adoption of the emergency measures provided for in Article 12 of Regulation (EU) No 1380/2013 since this would have supposed anticipating the findings of this assessment. The Commission also has not received any scientific proof to show that the specific prospecting technique might cause, if authorised, serious or irreparable damage to the marine resources of the Gulf of Valencia. For the reasons given above, the Commission services considered not justified the adoption of emergency measures under Article 12 of the abovementioned Regulation.
In addition, Order IET/2204/2015 of the Ministry of Industry, Energy and Tourism, dated 13 October 2015, declared that the hydrocarbon prospecting permits named ‘Benifayó’, ‘Gandía’, ‘Alta Mar 1’ and ‘Alta Mar 2’ had lapsed. This Order took effect on the day following that of its publication in the relevant Official State Gazette (2). This Order has been issued as a result of the prospecting permits having been given up by the undertaking that held and operated them. This waiving of the permits was in fact due to the pending environmental procedure concerning the project, which had made it impossible for the developer to carry out the seismic data project within the scheduled deadline. The abovementioned permits have thus been withdrawn for reasons for which the holder was not responsible.
In view of the above, the Commission’s services have concluded that this enquiry should be closed.
However, if any of the complainants in this case have any new information that might demonstrate the (continued) existence of an infringement of European Union law, they are invited to send this new information to the European Commission no later than four weeks after publication of this notice. After this deadline has passed, the Commission will close the enquiry.


(1)  OJ L 354, 28.12.2013, p. 22.

(2)  Official State Gazette, No 253, Thursday, 22 October 2015.