COMMISSION STAFF WORKING DOCUMENT Environmental Implementation Review 2022 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 Environmental Implementation Review 2022: Turning the tide through environmental compliance
Date: 2022-09-08
Institutions: Directorate-General for Environment, European Commission
Subjects: EU environmental policy, Spain, application of EU law, biodiversity, circular economy, climate change policy, environmental law, governance, pollution control measures, waste management

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 8.9.2022  SWD(2022) 256 final  COMMISSION STAFF WORKING DOCUMENT Environmental Implementation Review 2022     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 Environmental Implementation Review 2022: Turning the tide through environmental compliance      {COM(2022) 438 final} - {SWD(2022) 252 final} - {SWD(2022) 253 final} - {SWD(2022) 254 final} - {SWD(2022) 255 final} - {SWD(2022) 257 final} - {SWD(2022) 258 final} - {SWD(2022) 259 final} - {SWD(2022) 260 final} - {SWD(2022) 261 final} - {SWD(2022) 262 final} - {SWD(2022) 263 final} - {SWD(2022) 264 final} - {SWD(2022) 265 final} - {SWD(2022) 266 final} - {SWD(2022) 267 final} - {SWD(2022) 268 final} - {SWD(2022) 269 final} - {SWD(2022) 270 final} - {SWD(2022) 271 final} - {SWD(2022) 272 final} - {SWD(2022) 273 final} - {SWD(2022) 274 final} - {SWD(2022) 275 final} - {SWD(2022) 276 final} - {SWD(2022) 277 final} - {SWD(2022) 278 final}  
 
 
Spain  1 

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  

More information on the European Union is available on the internet (http://europa.eu). 

Photographs:  

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

©European Union, 2022 

Reproduction is authorised provided the source is acknowledged. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Table of Contents 

Spain  2 

EXECUTIVE SUMMARY ........................................................................................................................................... 3 

PART I: THEMATIC AREAS ...................................................................................................................................... 5 

1.CIRCULAR ECONOMY AND WASTE ............................................................................................................................ 5 
Measures towards a circular economy ................................................................................................................ 5 
Waste management ............................................................................................................................................. 7 
2. BIODIVERSITY AND NATURAL CAPITAL .................................................................................................................... 10 
Nature protection and restoration ..................................................................................................................... 10 
Marine ecosystems............................................................................................................................................. 18 
Ecosystem assessment and accounting ............................................................................................................. 20 
3. ZERO POLLUTION .............................................................................................................................................. 22 
Clear air .............................................................................................................................................................. 22 
Industrial emissions ............................................................................................................................................ 23 
Major industrial accidents prevention, SEVESO ................................................................................................. 26 
Noise .................................................................................................................................................................. 27 
Water quality and management ........................................................................................................................ 27 
Chemicals ........................................................................................................................................................... 32 
4. CLIMATE ACTION .............................................................................................................................................. 34 
Key national climate policies and strategies ...................................................................................................... 34 
Effort sharing target ........................................................................................................................................... 35 
Key sectoral developments ................................................................................................................................. 35 
Use of revenues from the auctioning of EU ETS allowances .............................................................................. 36 

PART II: ENABLING FRAMEWORK: IMPLEMENTATION TOOLS .............................................................................. 38 

5. FINANCING ...................................................................................................................................................... 38 
Environmental investment needs in the EU ....................................................................................................... 38 
EU environmental funding 2014-2020 ............................................................................................................... 40 
EU environmental funding 2021-2027 ............................................................................................................... 41 
National environmental protection expenditure ................................................................................................ 44 
Green budget tools ............................................................................................................................................. 45 
Overall financing compared to the needs .......................................................................................................... 47 
6. ENVIRONMENTAL GOVERNANCE........................................................................................................................... 48 
Information, public participation and access to justice...................................................................................... 48 
Compliance assurance ........................................................................................................................................ 50 
Effectiveness of environmental administrations ................................................................................................ 52 
Reforms through the Commission’s Technical Support Instrument (TSI) ........................................................... 54 
TAIEX EIR peer to peer Projects .......................................................................................................................... 54 

Environmental Implementation Review 2022 – Spain 

 
 
 
 
 
Spain  3 

Executive summary 

In  previous  Environmental  Implementation  Reviews  (EIRs),  the  main  challenges  identified  for  Spain  for  the 
implementation of EU environmental policy and law were: 
 
 
 

Improving waste management and developing the potential of the circular economy; 
Improving water management, including completing urban wastewater treatment; 
Increasing environmental taxation, as well as reducing environmentally harmful subsidies. 

There has been some progress on circular economy and waste management. As suggested in the 2017 and 2019 EIRs, 
Spain  has  approved  a  national  Strategy  on  Circular  Economy  in  June  2020,  which  is  under  implementation.  Many 
Autonomous  Communities  have  also  adopted  regional  strategies  on  circular  economy.  A  new  Law  on  waste  and 
contaminated  soils  for  a  circular  economy  has  been  adopted  in  April  2022.  However,  despite  this  progress,  waste 
management remains a  significant challenge. Spain is one of the countries  that has missed the EU target of recycling 
50% of municipal waste by 2020. The overall recycling rate was of 38% in 2019, against an EU average of 48%. Achieving 
the EU targets for the next decade, including reaching 55% recycling of municipal waste by 2025, will require significant 
efforts. 

On  water  management,  Spain  has  approved  the  Plan  DSEAR  on  wastewater,  sanitation,  water  efficiency,  saving  and 
reuse,  and is close to  adopting the third cycle River Basin Management  Plans under the Water Framework Directive. 
Progress  is  made  on  wastewater,  although  many  agglomerations  do  not  yet  comply  with  the  Urban  Waste  Water 
Treatment Directive, and Spain is still paying heavy fines following a ruling of the Court of Justice of the EU of July 2018 
(around EUR 72 million has been paid). Many challenges remain in the water sector, especially in the areas of  water 
governance, water body rehabilitation and water efficiency. Further infrastructure investment is needed in many areas. 

On environmental taxation, some progress can be observed. As part of the reforms under the Recovery and Resilience 
Plan  (RRP),  new  taxes  have  been  introduced  on  non-reusable  plastics  packaging  and  management  of  waste  (landfill, 
incineration and coincineration), and a tax reform on fluorinated gases is underway. The RRP also provides for adopting 
further measures on green taxation, if agreed in the context of the wider tax reform. 

Spain is an outstanding reference within the EU in terms of natural capital, which provides opportunities but implies a 
special responsibility too. Spain boasts a very rich biodiversity and contributes the largest terrestrial surface to the EU 
Natura 2000 network, covering 27.3% of its territory (EU average is 18.5%). Some designations are still needed in the 
marine  part.  The  main  challenge  is  to  put  in  place  the  necessary  measures  to  protect  and  manage  the  Natura  2000 
network,  providing  sufficient  resources.  Spain  could  also  further  capitalise  on  its  very  valuable  natural  capital  to 
promote green growth and job creation. 

Personal  transport  exacerbates  seasonal  problems  with  air  quality  and  traffic  congestion  in  the  major  metropolitan 
areas in Spain, leading to health and economic costs. The Spanish authorities are taking further measures to tackle this 
issue, which have to be rigorously implemented. 

Anticipating  and  managing  the  adverse  effects  of  climate  change,  such  as  floods,  coastal  and  soil  erosion, 
desertification,  droughts,  heat  waves  and  forest  fires,  remains  a  core  challenge  in  Spain,  which  is  one  of  the  most 
affected countries in the EU. 

Environmental  enforcement needs to be strengthened in Spain. There is  also  room to  improve the  coordination and 
cooperation  among  the  competent  authorities  in  the  environment.  Moreover,  sustainable  development  could  be 
further mainstreamed into other policy areas. 

The support of EU funding has significantly contributed to improving the implementation of EU environmental law and 
policy  in  Spain.  Total  environmental  financing  (EU  plus  national)  reached  around  0.5%  of  GDP  in  2014-2020. 
Nevertheless, Spain still faces considerable challenges and investment needs, estimated to be at least 0.83% of GDP in 
the coming years, signalling a potential financing gap of over 0.35% of GDP compared to baseline financing levels. EU 
financing  will  continue  to  play  a  key  role  in  addressing  these  shortcomings  and  closing  the  investment  gaps.  Under 
NextGenerationEU, Spain is due to receive EUR 69.5 billion (grants) from the Recovery and Resilience Facility (RRF). This 
considerable amount is expected to improve environmental implementation on the ground. The Spanish RRP earmarks 
around  40%  of  its  budget  to  the  climate  change  objectives.  Several  compoments  have  a  genuine  and  ambitious 
environmental  dimension,  covering  a  wide  range  of  environmental  sectors.  In  2021-2027,  EU  Cohesion  Policy  will 
support long-term development objectives in Spain by investing EUR 36.26 billion, including EUR 868.7 million from the 
new Just Transition Fund directed to alleviate the socioeconomic impacts of the green transition in the most vulnerable 
regions. The Partnership Agreement with Spain is under negotiation, but a relevant share of the ERDF will probably be 

Environmental Implementation Review 2022 – Spain 

 
earmarked  for  environmental  investments.  Moreover,  other  EU  Funds  will  also  contribute  to  support  environmental 
projects in Spain, such as EARDF, EMFAF, LIFE and Horizon Europe. 

Spain  4 

Environmental Implementation Review 2022 – Spain 

 
 
 
Part I: Thematic Areas 

1.Circular Economy and waste 

Measures towards a circular economy 

Figure 1 – Circular material use rate (%), 2010-20201 

Spain  5 

The new Circular Economy Action Plan adopted in March 
2020 is one of the main building blocks of the European 
Green Deal. The EU’s transition to a circular economy will 
reduce  pressure  on  natural  resources  and  will  create 
sustainable  growth  and  jobs.  It  is  also  a  prerequisite  to 
achieve  the  EU’s  2050  climate  neutrality  target  and  to 
halt  biodiversity 
loss.  The  Action  Plan  announces 
initiatives  along  the  entire  life  cycle  of  products,  aiming 
to reduce the EU's consumption footprint and to double 
the EU's circular material use rate by 2030. It targets how 
products  are  designed,  promotes  circular  economy 
processes,  encourages  sustainable  consumption,  and 
aims to ensure that waste is prevented and the resources 
used are kept in the EU economy for as long as possible. 

The  circular  material  use  rate  is  a  good  indicator  of  an 
economy’s circularity, as it includes all the materials that 
are  fed  back  into  our  economy.  Large  differences  in  the 
circularity  rate  exist  between  countries.  To  help  achieve 
the  goal  in  the  EU  Circular  Economy  Action  Plan  of 
doubling  the  EU  circular  material  use  rate  by  2030, 
ambitious  measures  targeting  the  whole  product  life 
cycle are needed at Member States’ level. Such measures 
range  from  sustainable  product  design  that  makes  it 
possible 
reparability, 
upgradability  and  recyclability  of  products,  to  other 
measures  like  remanufacuring,  increasing  the  circularity 
in  production  processes,  recycling,  as  well  as  boosting 
eco-innovation and increasing the uptake of green public 
procurement. 

the  durability, 

increase 

to 

Resource  productivity  expresses  how  efficiently  the 
economy  uses  material  resources  to  produce  wealth. 
Improving  resource  productivity  can  help  to  minimise 
negative 
impacts  on  the  environment  and  reduce 
dependency on volatile raw  material  markets.  As  shown 
in  Figure  2,  with  EUR  2.76  generated  per  kg  of  material 
consumed in 2020, resource productivity in  Spain is well 
above  the  EU  average  of  EUR  2.09  per  kg.  This  positive 
performance  is  reflected  in  an  overall  increase  in  the 
resource productivity of Spain over the last decade. 

Figure 2: Resource productivity 2010-20202 

Spain’s  circular  (secondary)  use  of  material  was  7.7%  in 
2014 and 11.2 % in 2020, compared to the EU average of 
12.8. Therefore, while Spain has seen a progress between 
2014 and 2020, it remains below the EU average. 

1 Eurostat, Circular Economy Monitoring Framework.  
2 Eurostat, Resource productivity. 

Environmental Implementation Review 2022 – Spain 

 
 
 
                                                                 
Circular Economy Strategies 

The  Commission  encourages  Member  States  to  adopt 
and 
implement  national/regional  circular  economy 
strategies covering the whole life cycle of products. This 
is  because  such  strategies  are  one  of  the  most  effective 
ways  to  progress  towards  a  more  circular  economy  at 
Member  State  level.  Since  the  launch  of  the  European 
in  20173, 
Circular  Economy  Stakeholder  Platform 
national,  regional  or  local  authorities  have  used  the 
platform to share their strategies and roadmaps. 

transition  by  2030. 

Following  some  years  of  preparation,  Spain  adopted  in 
June  2020  a  comprehensive  Circular  Economy  Strategy 
titled “España Circular 2030”4. This national strategy puts 
forward  a  long-term  vision,  which  will  be  achieved 
through  successive  three-year  action  plans  to  complete 
It  establishes  guidelines, 
the 
strategies  and  a  series  of  quantitative  objectives.  The 
Strategy  identifies  six  priority  sectors  of  activity  to 
address the challenge of increasing “circularity” in Spain. 
It  also  identifies  key  public  policies  to  move  towards  a 
circular  economy  and  sets  up  a  framework  of  indicators 
in  line  with  EU  standards.  The  Government  has  already 
adopted  a  first  Action  Plan  in  May  2021,  focusing  on 
implementing actions in 2021-2023. 

included 

Spain  does  not  have  a  specific  sectoral  strategy  on 
plastics.  However,  some  measures 
in  the 
Circular  Economy  Strategy  are  targeting  plastics  as  a 
priority sector, including by working towards developing 
an  ad-hoc  sectoral  Action  Plan.  Similarly,  Spain  has  not 
adopted  sectoral  strategies  on 
textiles  and 
construction  sectors.  However,  the  Circular  Economy 
Strategy includes initiatives targeting these sectors. 

the 

Spain  6 

electronic  equipment  waste;  management  end-of-life 
tires.  Finally,  the  new  Law  on  waste  and  contaminated 
soils for a circular economy, including also a tax on non-
reusable plastic packaging and other new taxes on waste 
management. The Spain’s RRP also includes measures on 
circular  economy  in  many  components,  such  as  the 
reform  of 
the 
competitiveness  of  the  tourism  sector  by  fostering 
innovation  and  supporting  energy  efficiency  and  the 
circular  economy,  or  the  greening  of  the  agro-food  and 
fisheries sectors. 

framework 

improve 

legal 

the 

to 

Eco-innovation 

it 

is 

A  successful  transition  to  a  circular  economy  requires 
social  and  technological  innovation.  This  is  because  the 
full potential of the circular economy can only be reached 
when 
implemented  across  all  value  chains. 
Therefore, eco-innovation is an important enabling factor 
for  the  circular  economy.  New  approaches  to  product 
design  and  new  business  models  can  help  to  produce 
systemic  circularity  innovations,  creating  new  business 
opportunities. 

Spain  ranked  8th  in  the  list  of  EU  countries  with  a  total 
score  of  125  in  the  2021  Eco-Innovation  Scoreboard  5, 
and  it  performs  as  an  eco-innovation  leader.  In  all  five 
components  of  the  2021  Eco-innovation  Index,  Spain 
performs above the EU average. 

Figure 3 - Eco-innovation performance 2010-20196 

As highlighted in the 2019 EIR, Spanish regions have also 
been  very  active  in  moving  forward  circular  economy 
policies  in  Spain.  Regional  strategies  on  the  circular 
economy are  common and play a  key role in supporting 
the circular transition on the ground. Civil society and the 
business  community  are  also  playing  a  crucial  role  in 
helping to shape the transition in Spain. 

towards  a  circular  economy.  First 

As part  of the Recovery and Resilience Plan (RRP), Spain 
has planned to adopt a series of reforms to promote the 
transition 
the 
abovementioned  national  strategy  on  circular  economy, 
but also other measures such as a package of acts on the 
circular  economy.  These  include  the  already  approved 
regulation on shipment and disposal of waste in landfills, 
as well as other measures also already approved on end-
of-life vehicles; batteries, accumulators and electrical and 

3 Circular Economy Stakeholder Platform  
4 See the Spanish Strategy on Circular Economy, adopted by the Spanish 
Government on 2 June 2020. 

5 See the EU Eco-Innovation Scoreboard 2021. 
6  European  Commission  -  Directorate-General  for  Environment  (DG 
ENV),  Eco-innovation  Observatory,  Eco-innovation  scoreboard  and  the 
eco-innovation index. 

Environmental Implementation Review 2022 – Spain 

 
                                                                 
 
                                                                 
Green Public Procurement (GPP) 

Public  procurement  accounts  for  a  large  proportion  of 
European 
authorities’ 
consumption,  with  public 
purchasing  power  representing  around  14%  of  EU  GDP. 
Although GPP is a voluntary instrument, it has a key role 
to  play  in  the  EU's  efforts  to  become  a  more  resource-
efficient  and  sustainable  economy.  The  Commission  is 
helping  to  increase  the  use  of  GPP  or  green  purchasing. 
Thus, EU GPP criteria are set up for many sectors7. 

In  Spain,  a  first  national  action  plan  for  green  public 
procurement was adopted in 2008. Two implementation 
reports of this plan were published in 2011 and 2015. An 
Interministerial  Commission  for  the  incorporation  of 
ecological  criteria  in  public  procurement  was  created  in 
2018.  The  second  national  plan  for  green  public 
procurement in the central public administration for the 
period 2018-2025 was approved in December 2018 and it 
is currently under implementation8. 

Some regions have also implemented measures on GGP. 
For  example,  Catalonia  and  the  Basque  Country,  with 
GPP policies based on the EU GPP criteria. Others regions 
are also working on their action plans. At municipal level, 
there are also many actions to promote GPP. 

EU Ecolabel and the eco-Management and audit scheme 
(EMAS)  

The  number  of  EU  Ecolabel9  products  and  EMAS10 
licensed  organisations  in  a  given  country  provides  some 
indication  of  the  extent  to  which  the  private  sector  and 
national  stakeholders  are  actively  engaged 
in  the 
transition  to  a  circular  economy.  It  also  shows  how 
committed  public  authorities  are 
supporting 
instruments designed to promote the circular economy. 

to 

As  of  September  2021,  Spain  had  17.139  products  and 
289 licences registered in the EU Ecolabel scheme out of 
83.590 products and 2.057 licences in the EU. This shows 
a very high uptake of these products and licences. In fact, 
Spain  has  the  highest  number  of  products  in  the  EU. 
Moreover, in October 2021, 966 organisations from Spain 
were  registered  in  EMAS,  the  European  Commission's 
Eco-Management and Audit Scheme. 

Spain  7 

The 2019 EIR included a  priority action requesting  Spain 
to complete, adopt  and implement  the Spanish National 
Strategy  on  Circular  Economy.  As  explained  above,  this 
has  been  successfully  carried  out.  Given  that  Spain’s 
circular  material  use  rate,  remains  below  EU  average  a 
new priority action on this is proposed. 

2022 priority actions 

  Adopt  further  measures  to  increase  the  circular 

material use rate. 

Waste management 

Turning waste into a resource is supported by:  
legislation,  which 
implementing  EU  waste 
(i)  fully 
includes  the  waste  hierarchy,  the  need  to  ensure 
separate  collection  of  waste,  the 
landfill  diversion 
targets, etc.;  
(ii) reducing waste generation and waste generation per 
capita in absolute terms;  
(iii)  limiting  energy  recovery  to  non-recyclable  materials 
and  phasing  out  landfilling  of  recyclable  or  recoverable 
waste. 

This  section  focuses  on  management  of  municipal 
waste11  for  which  EU  law  sets  mandatory  recycling 
targets. 

resource  efficiency  and 

Preventing products and materials from becoming waste 
for  as  long  as  possible  is  the  most  efficient  way  to 
improve 
the 
environmental  impact  of  waste.  Waste  prevention  and 
re-use are the most preferred options and  are therefore 
at the top the waste hierarchy. The amount of municipal 
waste generated  is a  good indicator of the  effectiveness 
of waste prevention measures. 

reduce 

to 

The  amount  of  municipal  waste  generated  has  overall 
decreased  in  Spain  in  the  last  decade.  With  a  slight 
increase  in  the  past  few  years,  the  average  amount  in 
Spain  in  2019  (472  kg/y/inhabitant)  remains  below  the 
EU  average  (502  kg/y/inhabitant),  as  Figure  4  shows, 
including also the municipal waste by treatment, in terms 
of kilos per capita. It can be observed that the treatment 
of  municipal  waste  has  not  improved  significantly  these 
past few years. 

7 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  EU  GPP  criteria  are 
regularly published and updated. 
8  The  details can  be  consulted on the  Website  on GGP  of  the  Ministry 
for the Ecological Transition and the Demographic Challenge (MITECO). 
9 European Commission, Ecolabel Facts and Figures. 
10  EMAS  is  the  European  Commission’s  Eco-Management  and  Audit 
Scheme, a programme to encourage organisations to behave in a more 
environmentally sustainable way. 

11 Municipal waste consists of (a) mixed waste and separately collected 
waste  from  households,  including  paper  and  cardboard,  glass,  metals, 
plastics,  bio-waste,  wood,  textiles,  packaging,  waste  electrical  and 
electronic  equipment,  waste  batteries  and  accumulators,  and  bulky 
waste, 
including  mattresses  and  furniture;  (b)  mixed  waste  and 
separately  collected  waste  from  other  sources,  where  such  waste  is 
similar in nature and composition to waste from households. (Directive 
2008/98/EC, Art. 3 2b). 

Environmental Implementation Review 2022 – Spain 

 
                                                                 
                                                                 
Figure 4: Municipal waste by treatment in Spain, 2010-
202012 

Figure 5: Recycling rate of municipal waste, 2010-202014 

Spain  8 

In 2019, over half of this waste was still landfilled (51%), 
more  than  double  the  EU  average  (23%).  Incineration 
slightly  increased  since  2014  and  stands  at  11%  (still 
below the EU average of around 26%). Material recycling 
amounts  at 20% (compared to the EU average of  31 %) 
while  with  a  slight  increase  18%  of  the  waste  was 
composted (comparable to the EU average of 18%). 

Illegal  or  sub-standard  landfilling  is  still  widespread  in 
Spain. The Commission is closely monitoring the situation 
through several horizontal infringement procedures. 

launched  by 

Moreover,  a  study13 
the  European 
Commission to examine the landfilling of untreated non-
hazardous  municipal  solid  waste  has  identified  some 
possible  shortcomings.  The  Commission  services  have 
therefore  opened  investigations  to  assess  whether  the 
waste  disposal  sites  in  Spain  comply  with  the  landfilling 
standards  (e.g.  obligation  of  appropriate  treatment  and 
removal of the organic faction before landfilling). 

Spain has made  some progress  over the past decade on 
stepping  up  its  recycling  rate  and  diverting  municipal 
waste  from  landfilling.  However,  the  recycling  rate  for 
municipal  waste  in  2019  was  38%  (20%  of  which  was 
recycled,  while  18%  was  composted).  This  is  well  below 
the  EU  average  of  48%  (EU  2019)  and  shows  limited 
improvement  since  2016.  Furthermore,  provisional  data 
for 2020 shows a recycling rate of around 36%. 

Figure 5 shows that Spain needs to step up investment in 
recycling to meet the EU recycling targets. 

Therefore, Spain  is one of the countries  that has missed 
the  EU  target  of  recycling  50%  of  municipal  waste  by 
2020. The EU has set up even more ambitious targets for 
the  next  decade,  including  achieving  55%  recycling  of 
municipal waste by 2025. 

the 

progress  made, 

remains  considerable, 

Despite 
improving  waste 
management  remains  a  major  challenge  for  Spain,  as 
highlighted  in  the  2019  and  2017  EIRs.  The  amount  of 
is 
landfilled  waste,  which 
preventing faster progress towards the circular economy. 
Therefore,  significant  efforts  are  needed  to  increase  the 
prevention, minimisation, sorting, reuse and recycling of 
waste,  thereby  diverting  waste  away  from  landfills  or 
incinerators  and  to  modernise  waste  recycling  and 
treatment  facilities.  Barriers  to  investing  in  this  sector 
include 
lack  of 
coordination between the different administrative levels. 
There  are  important  differences  among  the  regions  and 
the  waste  infrastructure  is  uneven  across  the  country. 
Therefore,  further  efforts are clearly needed to improve 
waste management. 

landfill  disposal  charges  and 

low 

This was already reflected in the 2018 Commission's Early 
Warning  report15,  which  listed  key  priority  measures 
which  Spain  should  take  to  close  the  implementation 
gap,  as  well  as  in  the  2019  EIR.  The  Commission  is 
currently  finalising  its  analysis  of  the  progress  on  the 
recommendations  from  the  2018  Early  Warning  Reports 
as a well as an analysis of progress towards achieving the 
2025  waste  recycling  targets.  This  report  will  be 
presented at the end of 2022. It will assess the progress 
made  to  date,  and  make  new  recommendations  as 
appropriate. 

12 Eurostat, Municipal waste by waste operation, April 2022. 
13 European Commission, Study to assess the implementation by the EU 
Member  States  of  certain  provisions  of  Directive  1999/31/EC  on  the 
landfill of waste. 

14 Eurostat, Recycling rate of municipal waste, April 2022. 
15  European  Commission,  Report  on  the  implementation  of  waste 
legislation, including the early warning report for Member States at risk 
of missing the 2020 preparation for re-use/recycling target on municipal 
waste, SWD(2018)422 accompanying COM(2018)656. 

Environmental Implementation Review 2022 – Spain 

 
 
                                                                 
 
                                                                 
Implementation of the 2018 waste legislative package 

By 5 July 2020 Member States had to bring their national 
laws  in  line  with  modifications  included  in  the  revised 
Waste Framework Directive, the Packaging and Packaging 
Waste  Directive  and  the  Landfill  Directive16.  Since  Spain 
had  not  done  what  was  needed,  the  Commission  sent  a 
reasoned opinion urging Spain to fully enact the new EU 
rules  on  waste  into  national  legislation  otherwise  the 
case  may  be  referred  to  the  Court  of  Justice  of  the 
European  Union.  Spain  has  notified  the  transposition  of 
the  Landfill  Directive  to  the  Commission.  A  conformity 
assessment is now ongoing. 

The  main  national  transposing  measure  is  the  new  Law 
7/2022  on  waste  and  contaminated  soils  for  a  circular 
economy,  adopted  on  8  April  2022,  which  replaces  the 
existing law from 2011. A conformity assessement of the 
new legislation will also be made by the Commission. 

Waste  Management  Plans  and  Waste  Prevention 
Programmes  are  central  for  a  sound  implementation  of 
the EU waste legislation. They set out key provisions and 
investments to ensure compliance with existing and new 
legal  requirements  (e.g.  waste  preventiion,  separate 
collection  for  a  number  of  specific  waste  streams, 
recycling  and 
targets).  Revised  plans  and 
landfill 
programmes were also due on 5 July 2020. 

The  2016-2022  National  Framework  Plan  for  Waste 
Management (PEMAR)17 sets out the strategic guidelines 
for  waste  management  in  Spain  and  the  measures 
needed  to  meet  EU  targets.  This  national  waste 
management  plan  as  well  as  the  national  prevention 
programme  have  still  to  be  revised  in  line  with  the  new 
EU requirements in the waste sector. The regional waste 
management plans for the 17 Autonomous Communities 
and  the  2  Autonomous  Cities  have  also  to  be  updated 
and  should  follow  the  guidelines  set  up  by  the  national 
plan.  It  is  worth  mentioning  that  several  regions  have 
already  communicated  to  the  Commission  their  revised 
waste management plans. 

As pointed out, there is room for improvement in terms 
of  coordination  and  cooperation  among  the  different 
competent  public  administrations  dealing  with  waste 
the  complex  multi-level 
management,  considering 
governance  in  this  area.  This  would  support  Spain  in 
meeting its EU obligations, which are very challenging in 
the  coming  years.  Recycling  targets  have  been  cascaded 

16  Directive  (EU)  2018/851,  Directive  (EU)  2018/852,  Directive  (EU) 
2018/850  and  Directive  (EU)  2018/849  amend  the  previous  waste 
legislation and set more ambitious recycling targets for the period up to 
2035. 
17 Plan Estatal Marco de Gestión de Residuos (PEMAR) 2016-2022. 

Spain  9 

down to the regional level, and the new national Law lays 
down that the Autonomous Communities may determine 
the  contribution  to  these  targets  of  local  authorities.  In 
order  to  achieve  these  objectives,  the  new  Law 
introduces harmonised separate collection obligations for 
waste fractions under the jurisdiction of local authorities, 
and  regulates  the  instruments  for  its  implementation, 
including  a  specific  administrative  infringement  for  non-
these 
compliance  with 
instruments  to  enforce  them  at  local  level  may  not  be 
efficient  enough.  Strengthening 
the  administrative 
capacity of the local authorities would also be helpful. 

this  obligation.  However, 

and 
is 

Therefore,  coordination  among  the  different  levels  of 
government, including for the planning and use of waste 
treatment 
infrastructures  could  be  enhanced.  The 
previous  and  the  new  national  legislation  sets  up  a 
Committee of Coordination in the field of waste18. As an 
coordination 
inter-administrative 
technical 
cooperation  body, 
to  make 
its  main 
recommendations,  conduct  studies,  draft  reports  and 
guidelines.  In  addition,  it  can  also  play  a  key  role  in 
sharing  best  practices  on  waste  management,  and 
helping  identify  possibilities  to  share  waste  treatment 
capacities  between  municipalities.  Moreover,  existing 
mechanisms  to  avoid  regulatory  fragmentation  should 
help  avoid  different  interpretations  leading  to  different 
outcomes  in  Spain.  Other  coordination  tools  are  also 
possible.  Finally,  it  is  clear  that  further  investments  are 
also needed in the waste management area. 

role 

In  the  EIR  2019,  six  priority  actions  were  suggested  to 
Spain.  Significant  progress  can  be  observed  for  some  of 
them,  considering 
the  new  Law  on  waste  and 
contaminated  soils  for  a  circular  economy.  Some  others 
are  still  relevant  and  applicable,  and  in  view  of  the 
upcoming Early Warning Report they are proposed again, 
together with the new planning requirements. 

2022 priority actions 

 

 

 

 

Ensure that a national waste management  plan and 
regional  waste  management  plans  in  line  with  the 
revised Waste Framework Directive are in place.  
Improve  cooperation  and  coordination  on  waste 
management  among the different  competent  public 
administrations. 
Foster  the  optimisation  in  the  use  of  the  existing 
waste treatment infrastructure. 
Close and  rehabilitate the non-compliant  landfills as 
a matter of priority. 

18  Information  about  the  tasks  carried  out  by  the  Committee  of 
Coordination in the field of waste, on the MITECO website. 

Environmental Implementation Review 2022 – Spain 

 
                                                                 
 
                                                                 
2. Biodiversity and natural capital 

Spain  10 

to 

and 

achieve  healthy 

The  EU  Biodiversity  Strategy  for  2030  adopted  in  May 
2020  aims  to  put  the  EU’s  biodiversity  on  a  path  to 
recovery  and  sets  out  new  targets  and  governance 
mechanisms 
resilient 
ecosystems.  
In particular, the strategy sets out ambitious targets to: 
(i) protect a minimum of 30% of the EU’s land area and 
30% of its sea area and integrate ecological corridors, as 
part of a true trans-European nature network;  
(ii) strictly protect at least a third of the EU’s protected 
areas,  including  all  remaining  EU  primary  and  old-
growth forests;  
(iii)  effectively  manage  all  protected  areas,  defining 
clear  conservation  objectives  and  measures,  and 
monitoring them appropriately.  
The strategy also sets out an EU nature restoration plan 
–  a  series  of  concrete  commitments  and  actions  to 
restore  degraded  ecosystems  across  the  EU  by  2030, 
and  manage  them  sustainably,  addressing  the  key 
drivers of biodiversity loss. 

The Habitats and the Birds Directives are key legislative 
tools  to  deliver  on  the  Strategy’s  targets,  and  are  the 
cornerstone  of  the  European  legislation  aimed  at  the 
conservation of the EU's wildlife19. 

targets  and  actions 

The  Spanish  Government  approved  in  September  2011 
the  Strategic  Plan  for  the  Natural  Heritage  and  the 
Biodiversity,  for  the  period  2011-2017.  It  sets  up  the 
general  objectives, 
the 
conservation  and  sustainable  use  of  biodiversity  and 
natural heritage in Spain, and is the main development 
for  the  Law  42/2007  on  the  Natural  Heritage  and  the 
Biodiversity.  This  plan  might  need  to  be  adjusted  or 
updated,  taking 
its 
implementation  and  the  updated  international  and  EU 
frameworks. 

into  account  the  results  of 

for 

In  any  event,  Spain  has  recently  adopted  other 
important  strategies  and  plans  in  the biodiversity  field, 
most  of  them  committed  as  reforms  in  the  framework 
of the Recovery and Resilience Plan (RRP) for Spain. This 
is  the  case  of  the  National  Strategy  for  Green 
Infrastructure,  Connectivity  and  Ecological  Restoration 
approved in July 202120. Likewise, the National Strategy 
for  the  Convervation  of  Polinators  was  adopted  in 
September 202021. 

19  These  should  be  reinforced  by  the  Nature  Restoration  Law, 
according to the new EU Biodiversity Strategy. 
20 The Spanish National Strategy for Green Infrastructure, Connectivity 
and Ecological Restoration, milestone number 63 of the RRP Spain. 
21 The Spanish National Strategy for the Conservation of Pollinators. 

Nature protection and restoration  

Natura  200022,  the  largest  coordinated  network  of 
protected  areas  in  the  world,  is  the  key  instrument  to 
achieve  the  Birds  and  Habitats  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 setting up of a coherent Natura 2000 network, the 
designation  of  Sites  of  Community  Importance  (SCI)  as 
Special  Areas  of  Conservation  (SAC),  and  the  setting  of 
conservation  objectives  and  measures  for  the  Natura 
2000  sites  are  key  milestones  towards  meeting  the 
objectives of the Directives. 

Setting up a coherent network of Natura 2000 sites 

Spain  boasts  a  very  rich  biodiversity.  It  covers  four  of 
the  nine  bio-geographical  regions  defined  for  the 
implementation  of  the  Habitats  Directive:  Alpine, 
Atlantic,  Mediterranean  and  Macaronesian,  and  three 
of the five marine regions: Atlantic, Mediterranean and 
Macaronesian.  Spain hosts 117 habitat types23 and 426 
species24 covered by the Habitats Directive. The country 
also hosts populations of 165 bird taxa listed in the Birds 
Directive Annex I25. 

In  2021,  27.3%  of  Spain’s  national  land  area  was 
covered  by  Natura  2000  (EU  coverage  18.5%),  with 
Special  Protection  Areas  (SPAs)  classified  under  the 
Birds Directive covering 20.2% (EU coverage 12.8%) and 
Sites  of  Community 
Importance  (SCIs)  under  the 
Habitats  Directive  covering  23.4%  (EU  coverage  14.2%) 
of Spain’s territory. 

This  makes  Spain  the  Member  State  contributing  the 
largest  surface  area  to  the  EU  Natura  2000  Network 
(138.083 Km² of terrestrial area), although it is not  the 
first one in percentage, as Figure 7 shows. 

22  Natura  2000  comprises  Sites  of  Community  Importance  (SCIs) 
designated  pursuant  to  the  Habitats  Directive  as  well  as  Special 
Protection  Areas  (SPAs)  classified  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. 
23 EEA, Article 17 dashboard, Annex I total, 2019. 
24  EEA,  Article  17  dashboard,  Annex  II  +  Annex  IV  excluding  those  in 
Annex  II  +  Annex  V  excluding  those  in  Annex  II,  2019.  This  counting 
only takes into account species and habitats for which assessment of 
conservation status was requested. 
25  EEA, Article  12  dashboard,  Annex  I,  2020. This counting  only  takes 
into account birds taxa for which information was requested. 

Environmental Implementation Review 2022 – Spain 

 
                                                                 
 
                                                                 
The latest assessment of the SCI part of the Natura 2000 
network shows that significant progress has been made 
in  completing  the  network  in  Spain;  in  particular,  a 
significant  surface  of  new  marine  SCIs  has  been 
proposed  for  inclusion  in  the  updated  list  of  sites. 
However,  there  are  still  some  deficiencies 
in  the 
designation  of  sites  mainly  for  some  marine  habitats 
and species, Therefore, Spain still needs to complete its 
the  marine 
Natura  2000  network, 
network26. The LIFE IP INTEMARES is likely to help solve 
these marine deficiencies by 202427. 

in  particular 

Considering  both  Natura  2000  and  other  nationally 
designated  protected  areas,  Spain  legally  protects  28% 
of its terrestrial areas (EU 27 coverage 26,4%) and 12 % 
of its marine areas (EU 27 coverage 10,7%).28  

Figure 6: Marine & terrestrial protected area coverage, 
202129 

Spain  11 

Figure  7:  Natura  2000  terrestrial  protected  area 
coverage, 202130 

Designating Special Areas of Conservation (SACs) and 
setting conservation objectives and measures 

Natura  2000  management  and  nature  protection  is 
mainly the responsibility of the regions 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. 

Spain's  basic 
legislation  transposing  the  Habitats 
Directive  is  overall  adequate.  It  requires  management 
plans to be drawn up before sites can be designated as 
SACs. This ensures that the SAC designation triggers the 
adoption  of  conservation  measures,  as  required  under 
Article 6(1) of the Habitats Directive. 

the  Macaronesian 
Spain  has  already  designated 
Biogeographical 
Community 
Importance  (SCIs)  as  Special  Areas  of  Conservation 
(SACs). These sites are in the Canary Islands. 

region’s 

Sites 

of 

The  6-year  deadline  set  by  the  Habitats  Directive  to 
designate  SCI  as  SAC  and  establish  appropriate 
conservation  objectives  and  measures  has  expired  for 
1.278  sites  in  the  Alpine,  Atlantic  and  Mediterranean 
biogeographical regions in Spain. 

By July 2020, 345 SCIs have not yet been designated as 
SACs and therefore, site specific conservation objectives 
and measures have not been established for these SCIs. 
Since then, 156 sites in Aragón and 13 in Andalucía have 
been designated as SACs. 

Furthemore,  the  quality  of  the  set  objectives 
is 
considered  insufficient  for  12  regions  and  the  marine 

30  European  Environment  Agency,  Natura  2000  Barometer,  February 
2022. 

26 The milestones 67 and 68 of the RRP Spain refer to the extension of 
the marine protected areas. 
27 As highlighted in the 2019 EIR, the use of the LIFE Programme (LIFE 
project INDEMARES and LIFE integrated project INTEMARES) has been 
very  helpful  to  designate  a  consolidate  network  of  marine  Natura 
2000 sites in Spain. 
28  European  Environment  Agency,  Protected  Areas,  terrestrial 
protected  area  percentage  (2021)  and  marine  protected  area 
percentage (2019), March 2022. 
29  EU  Biodiversity  Strategy  Dashboard,  indicators  A1.1.1  and  A1.2.1, 
February 2022. 

Environmental Implementation Review 2022 – Spain 

 
 
 
 
                                                                 
 
                                                                 
the 

the 

competence  of 

central 
sites  under 
administration. The quality of the measures established 
is  considered  insufficient  in  13  regions  and  the  sites 
under  the  central  administration  competence.  This 
failure  is  being  pursued  by  the  Commission  in  an 
ongoing  infringement  procedure,  as  for  some  other 
Member States. 

Spain  12 

industrial  and  recreational 
residential,  commercial, 
infraestrucrue and areas, development and operation of 
transport  systems,  forestry  and  alien  and  problematic 
species. 

Figure  8:  Assessments  on  conservation  status  for 
habitats  in  the  2007-2012  and  2013-2018  reporting 
periods32 

Progress in maintaining or restoring favourable 
conservation status of species and habitats 

To measure the performance of Member States, Article 
17  of  the  Habitats  Directive  and  Article  12  of  the  Birds 
Directive  require  reporting  on  the  progress  towards 
maintaining or restoring favourable conservation status 
of species and habitats. 

According  to  the  report  submitted  by  Spain  on  the 
conservation  status  of  habitats  and  species  covered  by 
the  Article  17  of  the  Habitats  Directive  for  the  period 
2013-2018,  the  share  of  assessments  for  habitats  in 
good  conservation  status  in  2018  (8.91%)  is  less  than 
the  12.3%  reported  in  the  previous  reporting  period 
(2007-2012).  On  protected  species,  the  share  of 
assessments  in  good  conservation  status  in  2018  is 
18.93%,  less  than  the  21.63%  reported  in  the  previous 
reporting period (2007-2012). 

On the other hand, it should be noted that of the 23% of 
EU 
forest  area  protected  under  the  EU  nature 
favourable 
directives, 
conservation status31. In Spain, only 5.36% of the forest 
habitats are in favourable conservation status. 

than  22% 

show  a 

less 

As far as birds are concerned, the EU protects over 460 
species  of  wild  birds  throughout  their  entire  life  cycle 
under  the  EU  Birds  Directive.  According  to  the  latest 
assessment, around half of these wild bird species have 
a  good  population  status  at  the  EU  level,  which  is 
slightly less (5 %) compared to the last reporting period 
(2008-2012). In the last 6 years, the proportion of birds 
having poor and bad conservation status has increased 
by  7%  to  reach  a  total  of  39%.  In  Spain,  60%  of  the 
breeding  species  showed  short-term  and  long-term 
increasing  or  stable  population  trends  (for  wintering 
species this figure was 71.16% for short-term trend and 
65.39% for long-term trend in the case of key wintering 
species). 

At  the  same  time,  the  share  of  habitats 
in  bad 
conservation status has increased to 17% and the share 
of  assessments  for  species  in  bad  conservation  status 
has  increased  to  26.63%.  The  main  pressures  are 
agricultural,  development,  construction  and  use  of 

31 European Environment Agency – State of Nature Report, 2021. 

32  European  Environment  Agency,  Conservation  status  and  trends  of 
habitats  and  species,  December  2021.  Please  note  that  the  figures 
shown  for  2007-2012  and  2013-2018  are  not  necessarily  directly 
comparable  because  changes  in  the  Member  State’s  conservation 
status  may  be  due  to  changes  of  methods  or  to  better  data  rather 
than reflecting genuine changes. 

Environmental Implementation Review 2022 – Spain 

 
                                                                 
 
                                                                 
Figure  9:  Assessments  on  conservation  status  for 
species  in  the  2007-2012  and  2013-2018  reporting 
periods33 

it  was  17.81% 

As in other Member  States,  Spain showed  a worsening 
in  the  conservation  status  of  species  and  habitats  of 
Community interest. However, knowledge has improved 
since  the  previous  reporting  period  (2007-2012),  when 
the  conservation  status  was  unknown  for  25%  of  the 
in  the 
habitats  assessments  while 
previous  report  (2013-2018).  In  the  case  of  breeding 
birds,  double  number  of  species  are  reported  with  a 
decreasing  trend,  both  at  short  and  at 
long-term 
compared  with  the  previous  period.  However,  the 
percentage  of  species  presenting  an  increasing  trend 
has  increased  at  short-term  as  well  as  at  long-term 
comparing  both  periods.  The  main  pressures  for  bird 
species  are  agriculture,  forestry  and  extraction  and 
cultivation  of  biological  living  resources  (other  than 
agriculture and forestry). 

Spain  13 

The  Commission  receives  a  high  number  of  complaints 
about  the  implementation  of  the  Nature  Directives  in 
Spain.  These  mainly  concern  the  degradation  of 
designated sites, inadequate management and the poor 
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. 

It  is  worth  mentioning  that,  following  the  infringement 
procedure  opened  by  the  Commission,  the  Court  of 
Justice  of  the  European  Union  has  ruled  in  June  2021 
that  Spain  has  failed  to  correctly  implement  the  EU 
nature and water legislation in the Doñana area34. 

In  the  past,  there  has  also  been  concerns  about  the 
implementation  of  the  Birds  Directive 
in  Spain, 
particularly in relation to certain hunting models. 

The  most  relevant  factors  limiting  achievement  of  the 
objectives  of  the  Nature  Directives  are  the  lack  of 
sufficient  financial  resources  and  scientific  knowledge 
for  some  species  and  habitat  types  to  support 
appropriate management. 

It  is  important  to  note  that  the  management  plans  for 
Natura  2000  sites  must  provide  for  the  necessary 
budget  to  apply  defined  measures  to  achieve  specific 
targets and preventive measures to avoid deterioration, 
They need to focus on improving the situation. 

In relation to the appropriate assessment of article 6(3) 
of  the  Habitats  Directive,  it  is  extremely  important  to 
have  clear  and  quantified  objectives.  At  site  level,  it 
must  be  specified  what  needs  to  be  achieved  at  the 
level of specific habitats and species, otherwise it is not 
possible  to  conduct  the  appropriate  assessment  of  the 
implications plans and projects may have for the sites. A 
reliable  monitoring  system  for  the  implementation  of 
the conservation measures and the conservation status 
of  the  sites  is  also  very  important.  Specific  attention 
should be put on the deployment  of renewable energy 
infrastructure. 

The definition of conservation objectives and measures 
is  also  key  to  reflect  real  needs  in  the  Priority  Action 
Framework (PAF) and getting access to available funds. 
This  also  must  be  taken  into  account  in  the  review  of 
the existing and future Natura 2000 sites’ management 
plans.  Natura  2000’s  conservation  objectives  must  be 
integrated  in  other  policies,  such  as  the  River  Basin 
Management  Plans  or  mapping  sensitive  habitats  to 
Nitrogen and where the critical levels are reached. 

As regards species protection, measures must be taken 
to  prevent  significant  disturbance  and  to  improve  or 

33 Idem. 

34 Judgment of 21 June 2021 in Case C-559/19. 

Environmental Implementation Review 2022 – Spain 

 
 
                                                                 
                                                                 
maintain  their  conservation  status,  both  inside  and 
outside  Natura  2000,  as  regards  other  sectors  such  as 
fisheries, agriculture, forestry or energy. 

It  is  worth  mentioning  that  the  wolf  was  reported  in 
Spain in unfavourable inadquate conservation  status in 
the  three  biogeographical  regions  (Alpine,  Atlantic  and 
Mediterreanean). In this regard, Spain has increased the 
protection of the wolf north of the Duero river (where it 
is  listed  in  Annex  V  of  the  Habitats  Directive)  since  its 
inclusion in the Spanish List of wild species under special 
protection regime in September 2021 . 

it 

is 

initiative  “Pro-Biodiversidad"  won 

important  to  continue  raising 
In  this  sense, 
awareness  and  working  on  improving  coexistence  of 
large  carnivores  using  Rural  Development  Funds  and 
LIFE  Funds,  and  as  far  as  possible  using  farming 
practices that allow to reduce predation. In this regard, 
the 
the  socio-
economic  benefis  Natura  2000  Award  in  2020  for 
implementing  a  brand  based  on  nature  conservation, 
lamb 
that  has  achieved  a  fair  price  for  extensive 
breeders joining the brand in Natura 2000 who commit 
among  others  conditions 
large 
carnivores35.  It  is  also  important  to  make  good  use  of 
derogations and submit complete reports on time.  

to  coexist  with 

Regarding 
the  knowledge,  monitoring  and  data 
necessary  for  the  implementing  the  Nature  Directives, 
the  Spanish  authorities  have  undertaken  to  fill-in  the 
information  gaps  for  2030  and  to  ensure  financing  to 
implement the monitoring system after 2021. It is worth 
noting the effort done by Spain in the framework of the 
biogeographical  process,  celebrating 
techical 
improve  and  homogenise 
networking  events 
knowledege  and  reporting  of  habitats  of  Community 
Interest  at  Mediterranean 
level  and  to  share  the 
experience  with  other  regions.  The  RRP  includes  in 
Component 4, on biodiversity, outstanding measures to 
improve  the  digitalisation  and  knowledge  of  Spain’s 
natural heritage. 

five 

to 

The  previous  EIRs  for  Spain  highlighted  that  the 
possibilities of developing sustainable or nature tourism 
should  be  further  explored.  Spain  has  implemented  a 
System    to  rectonise  sustainable  nature-based  tourism 
in  Natura  2000  and  signed  the  licence  agreement  with 
the  Commission  to  use  the  Natura  2000  logo  on  the 
activities accredited by the national system. It has been 
the first Member State to sign this licence agreement. 

In the same vein, and as also highligted in the previous 
EIRs,  special  attention  should  be  paid  to  Spain’s 
potential to take advantage of its very valuable natural 
largest 
capital  to  create 

jobs.  Spain  makes  the 

35 See more about the Pro-Biodiversidad project. 

Spain  14 

to 

contribution to the EU Natura 2000 network. Therefore, 
the  protection  of  biodiversity, 
jobs 
related 
reforestation,  green 
infrastructure  and  ecosystem 
services have a great potential in Spain that should not 
be ignored. 

It is worth emphasising that the Recovery and Resilience 
Plan (RRP) for Spain contains a dedicated Component 4 
“Conservation  and  restoration  of  ecosystems  and  their 
biodiversity” that makes a significant contribution to the 
enhancement  of  biodiversity,  which  is  also  reflected  in 
other components. It includes measures to increase the 
scientific  and  technical  knowledge  in  this  domain,  as 
well  as  boosting  digitalisation.  There  are  reforms  and 
investments related to the protection, conservation and 
restauration  of  marine  and  terrestrial  ecosystems  and 
their  biodiversity,  conservation  of  protected  habitats 
and species, the fight against invasive alien species, etc. 
There are also actions to ensure ecological connectivity 
based  on  nature-based  solutions  and  promote  green 
infrastructure.  Spain  will 
in  measures  that 
contribute to climate change mitigation and adaptation, 
including  a  sustainable  forest  management  and  fire 
prevention policy, and measures to address soil erosion 
and  desertification.  This  Component  4  has  a 
considerable  budget  of  EUR  1.642  million  (grants), 
which  exceeds  previous  amounts 
for 
biodiversity  from  the  EU  funding,  and  it  has  to  be 
implemented  in  the  coming  years  (2021-2026).  This 
provides  a  great  opportunity  to  face  many  existing 
challenges.  Moreover,  as  explained  in  Chapter  5,  other 
EU Funds are also available. 

received 

invest 

Bringing nature back to agricultural land and 
restoring soil ecosystems 

Agricultural land 

to  Fork  Strategy  and 

The Biodiversity Strategy works in tandem with the new 
Farm 
the  new  Common 
Agricultural  Policy  (CAP)  to  support  and  achieve  the 
transition to fully sustainable agriculture. 
The  Biodiversity  and  Farm  to  Fork  Strategies  have  set 
four important targets for 2030:  
- a 50% reduction in the overall use of – and risk from – 
chemical pesticides; 
-  a  50%  reduction  in  the  use  of  more  hazardous 
pesticides; 
-  a  50%  reduction  in  losses  of  nutrients  from  fertilisers 
while  ensuring  there  is  no  deterioration  of  soil  fertility 
(which  will  result  in  a  20%  reduction  in  the  use  of 
fertilisers);  
- bring back at least 10% of agricultural area under high-
diversity  landscape  features  and  increase  areas  under 
organic farming to at least 25%. 

Environmental Implementation Review 2022 – Spain 

 
                                                                 
As  shown  in  Figure  10,  Spain  has  an  estimated  9.98% 
organic farming area, standing marginally above the EU 
average of 9.07% (2020 data, Eurostat). 

Figure  10:  Share  of  total  utilised  agricultural  area 
occupied by organic farming per MS, 202036 

According  to  the  Commission  recommendations  for 
Spain’s  CAP  strategic  plan37,  Spanish  agriculture  needs 
to make progress on the future CAP’s specific objectives 
on  the  environment  and  climate.  Taking  into  account 
the  climate  and  environmental  ambition  promoted  by 
the  European  Green  Deal,  action  needs  to  be  taken  to 
reverse some trends and guarantee the sustainability of 
natural  resources  against  the  background  of  growing 
challenges arising from climate change. 

This  document  also  highlighted  that  Spain  faces  major 
challenges  in  relation  to  water  quantity  and  quality. 
Moreover, the process of agriculture intensification has 
also increased the pressure on farmland biodiversity in 
the country, with a high share of agricultural land under 
farming 
Natura  2000.  The  extension  of  organic 
methods,  which  already  show  a  positive  trend  in  Spain 
(in  terms  of  both  supply  and  demand),  would 
significantly  help  the  country  better  cope  with  the  on-
going challenges associated with biodiversity loss. 

Soil protection 

Soil  is  a  finite  and  extremely  fragile  resource.  It  is 
increasingly degrading in the EU. 
The  new  EU  Soil  Strategy  for  2030,  adopted  on  17 
November  2021,  stresses  the 
importance  of  soil 
protection,  of  sustainable  soil  management  and  of 
restoring  degraded  soils  to  achieve  the  Green  Deal 

36 Eurostat, online data code: SDG_02_40, February 2022. 
37  Commission  recommendations  for  Spain's  CAP  strategic  plan. 
SWD(2020) 374 final of 18.12.2020. 

Spain  15 

objectives  as  well  as  land-degradation  neutrality  by 
2030. 
This entails:  
(i) preventing further soil degradation;  
(ii)  making  sustainable  soil  management  the  new 
normal;  
(iii) taking action for ecosystem restoration. 

One factor of degradation of soil ecosystems is the area 
of soil that is sealed or atificialised38. In Spain (Figure 11) 
the land taken per year in the period 2012-2018 can be 
seen as a measure of one important pressure on nature 
and  biodiversity.  At  the  same  time,  land  use  change 
constitutes an environmental pressure on people living 
in urbanised areas.  

Spain  ranks  below  the  EU  average  on  land  take  with 
11.8 m2/km2 (EU-27 average: 83.8 m2/km2). 

land 
In  2018,  Spain  updated 
to 
degradation  according 
reporting 
platform39  with  actions 
intended  to  combat  the 
degradation identified. 

its 
the  PRAIS3 

reporting  on 

Figure  11:  Land  take  and  re-cultivation 
(m2/km2), 2012-201840 

in  EU27 

38 Artificial  land cover  is defined as the total of roofed built-up areas 
(including  buildings  and  greenhouses),  artificial  non  built-up  areas 
(including sealed area features, such as yards, farmyards, cemeteries, 
car  parking  areas  etc.  and  linear  features,  such  as  streets,  roads, 
railways, runways, bridges) and other artificial areas (including bridges 
and  viaducts,  mobile  homes,  solar  panels,  power  plants,  electrical 
substations, pipelines, water sewage plants, and open dump sites). 
39 UNCCD, Prais3 
40  European  Environment  Agency,  Land  take  in  Europe,  December 
2021. 

Environmental Implementation Review 2022 – Spain 

 
 
                                                                 
 
                                                                 
However,  Spain  has  not  yet  committed  to  set  Land 
Degradation  Neutrality  targets  under  the  United 
Nations  Convention 
to  Combat  Desertification 
(UNCCD)41. 

Contamination  can  severely  reduce  soil  quality  and 
threaten human health or the environment. Latest data 
from  Member  States  estimated 
that  potentially 
polluting activities have taken or are still taking place on 
approximately  2.8  million  sites  in  the  EU42.  At  the  EU 
level,  650  000  of  these  sites  have  been  registered  in 
national  or  regional  inventories.  65  500  contaminated 
sites  have  already  been  remediated.  Spain  has 
registered  181  sites  where  potentially  polluting 
activities  had  taken  or  were  taking  place,  and  had 
already remediated or applied aftercare measures on 83 
sites.  

transboundary 

Soil erosion by water is a natural process, which can be 
aggravated by climate change and human activities such 
as  inappropriate  agricultural  practices,  deforestation, 
forest  fires  or  construction  works.  High  levels  of  soil 
erosion  can  reduce  productivity  in  agriculture  and  can 
have  negative  and 
impacts  on 
biodiversity  and  ecosystem  service,  and  on  rivers  and 
lakes  (increased  volume  of  sediments,  transport  of 
contaminants).  According  to  the  RUSLE2015  model43, 
Spain  has  an  average  soil  loss  rate  by  water  of  2.31 
tonnes per hectare per year compared to a EU average 
of 2.46 tonnes per hectare, which indicates soil erosion 
is around the average. These figures are the output of a 
model run at  the  EU level and therefore  should not  be 
considered  as  values  measured  on  the  ground.  The 
actual soil loss rate can vary  greatly within the  country 
depending on local conditions. 

Soil  organic  matter  plays  an  important  role  in  the 
carbon cycle and in climate change. Soils are the second 
largest carbon sink in the world after the oceans. 

To  face  all  these  challenges,  as  part  of  the  European 
Green  Deal  initiatives,  the  Commission  has  adopted  in 
November  2021  the  new  EU  Soil  Strategy  for  203044, 
Reaping  the  benefits  of  healthy  soils  for  people,  food, 
nature and climate. 

41 The LDN Target Setting Programme | UNCCD 
42  Ana  Paya  Perez,  Natalia  Rodriguez  Eugenio  (2018),  Status  of  local 
soil  contamination  in  Europe:  Revision  of  the  indicator  “Progress  in 
the management Contaminated Sites in Europe”. 
43  Panagos,  P.,  Borrelli,  P.,  Poesen,  J.,  Ballabio,  C.,  Lugato,  E., 
Meusburger, K., Montanarella, L., Alewell, C., The new assessment of 
soil loss by water erosion in Europe, (2015) Environmental Science and 
Policy, 54, pp. 438-447. 
44 See the EU Soil Strategy for 2030 

Spain  16 

Forests and timber 

The EU Forest Strategy for 2030 adopted in July 2021 is 
part  of the  ‘Fit  for 55’ Package.  The Strategy promotes 
the many services that forests provide. Its key objective 
is  to  ensure  healthy,  diverse  and  resilient  EU  forests  
that 
strengthened 
significantly 
biodiversity and climate ambition.  
their 
important  carbon 
Forests  are 
conservation  efforts  are  vital  for  the  EU’s  vision  of 
achieving climate neutrality by 2050. 

sinks  and 

contribute 

to 

Out  of  the  27%  of  EU  forest  area  protected  under  the 
Habitats Directive, less than 15% of assessments show a 
favourable conservation status45. The  share of  forested 
areas in the EU with a bad conservation status increased 
from 27% in 2015 to 31% in 2018.  

In  Spain,  forests  cover  26.62%  of  territory46  and  more 
than 90% of the forest habitats assessments covered by 
the  Habitats  Directive  reveal  a  bad  to  poor  status  47 
(Figure 12). 

Figure  12:    Conservation  status  of  forests  protected 
under  the  Habitats  Directive  in  EU  Member  States, 
2013-2018 (% assessments)48  

The  European  Union  Timber  Regulation  EUTR)49 
prohibits  the  placing  on  the  EU  market  of  illegally 
harvested  timber.  According  to  the  EUTR,  EU  Member 
States’  competent  authorities  must  conduct  regular 
checks on operators and traders, and apply penalties for 
non-compliance.  With  the  amendment  of  Article  20  of 

45 EEA, State of Nature in the EU 
46 EEA, Forest information system for Europe 
47 EU Forest Strategy for 2030. SWD(2021) 652 final, of 16.07.2021. 
48  European  Environment  Agency.  Conservation  status  and  trend  in 
conservation status by habitat group – forest. January 2022. 
49 Regulation (EU) No 995/2010 of the European Parliament and of the 
Council of 20 October 2010. 

Environmental Implementation Review 2022 – Spain 

 
                                                                 
 
                                                                 
Spain  17 

the EUTR, reporting every 2 years has been changed to 
become annual reporting, and covers the calendar year 
as of 2019. 

In  the  period  March  2017  –  February  201950,  Spain 
carried  out  67  checks  on  domestic  timber  operators.  It 
also  carried  out  104  checks  on  operators  importing 
timber.  It  is  estimated  that  Spain  had  800  operators 
placing domestic and 6.000 operators placing imported 
internal  market  over  the 
timber  types  onto  the 
reporting period. 

The  new  Deforestation  Regulation51  will  repeal  and 
replace  the  EU  Timber  Regulation,  as  it  will  essentially 
integrate and improve the existing system to  check the 
legality of  timber. 

Invasive alien species (IAS) 

identified  some  challenges  and  areas 

IAS at EU level and increased awareness of the problem 
of  invasive  alien  species.  At  the  same  time,  the  above 
for 
report 
for 
improvement.  Given 
deadlines 
IAS 
implementing  the  various  obligations  of  the 
Regulation applied gradually between July 2016 and July 
2019,  it  is  premature  to  draw  conclusions  on  several 
aspects of the implementation of the IAS Regulation. 

that 

the 

A 2021 report55 on the baseline distribution shows that 
from  the  66  species  on  the  Union  list,  36  have  been 
observed  in  the  environment  in  Spain.  The  spread  can 
be checked in Figure 13. 

Figure  13:  Number  of  invasive  alien  species  of  EU 
concern, 
georeferenced 
information for Spain, 2021 

available 

based 

on 

in 

and 

land 

changes 

IAS  are  a  key  cause  of  biodiversity  loss  in  the  EU 
(alongside 
use, 
sea 
overexploitation, climate change and pollution).  
Besides  inflicting  major  damage  on  nature  and  the 
economy,  many  IAS  also  facilitate  the  outbreak  and 
spread of infectious diseases, posing a threat to humans 
and wildlife.  
The  implementation  of  the  EU  Invasive  Alien  Species 
Regulation  and  other  relevant 
legislation  must  be 
stepped up.  
The  EU  Biodiversity  Strategy  for  2030  aims  to  manage 
recognised  invasive  alien  species  and  decrease  the 
number of ‘red list’ species they threaten by 50%. 

The  core  of  the  IAS  Regulation  (EU)  1143/201452  is  the 
list of Invasive Alien Species of Union concern53.  

The total number of invasive alien species (IAS) of Union 
concern is currently 66, of which: 30 are animal species 
and  36  are  plant  species;  41  are  primarily  terrestrial 
species,  23  are  primarily  freshwater  species,  1  is  a 
brackish-water species and 1 is a marine species.  

According  to  a  2021  report54  on  the  review  of  the 
application of the IAS Regulation, the implementation of 
the  IAS  Regulation  is  already  starting  to  deliver  on  its 
objectives such as a coherent framework for addressing 

50 COM/2020/629 final 
51  Proposal  for  the  Regulation  on  the  making  available  on  the  EU 
market  and  export  of  products  associated  with  deforestation  and 
forest degradation. 
52  Regulation  (EU)  No  1143/2014  of  the  European  Parliament  and  of 
the Council of 22 October 2014 on the prevention and management of 
the introduction and spread of invasive alien species 
53 See the List of Invasive Alien Species of Union concern. 
54  Report  from  the  Commission  to  the  European  Parliament  and  the 
Council  on  the  review  of  the  application  of  Regulation  (EU)  No 
1143/2014. COM(2021) 628 final, 13.10.2021. 

2022 priority actions 

 

 

and 

Complete  the  designation  process  for  the  Natura 
2000  network,  and  put  in  place  clearly  defined 
conservation  objectives 
the  necessary 
conservation  measures  for  the  sites,  providing 
sufficient  resources  for  their  implementation  in 
order  to  maintain/restore  species  and  habitats  of 
community  interest  to  a  favourable  conservation 
status across their natural range. 
Strengthen the integration of biodiversity concerns 
into  other  policies  (in  particular  in  agriculture,  but 
also  in  fisheries,  urban  and  infrastructure  planning 

55  Cardoso  A.C.,  Tsiamis  K.,  Deriu  I.,  D'  Amico  F.,  Gervasini  E.,  EU 
Regulation 1143/2014:  assessment  of  invasive  alien species of  Union 
concern  distribution,  Member  States  reports  vs  JRC  baselines,  EUR 
30689  EN,  Publications  Office  of  the  European  Union,  Luxembourg, 
2021, ISBN 978-92-76-37420-6, doi:10.2760/11150, JRC123170. 

Environmental Implementation Review 2022 – Spain 

 
                                                                 
 
                                                                 
Spain  18 

Figure  14:  Level  of  adequacy  of  GES  determination  by 
Spain (ABI and AMA region) with criteria set under the 
Commission  GES  Decision  –  article  9  (2018  reporting 
exercise)60 

 

 

and  sustainable  tourism)  and  the  promotion  of 
communication between actors. 
Take  additional  measures  to  fight  against  land 
degradation, soil erosion and desertification. 
Take  further  measures  to  combat  invasive  alien 
species  and  improve  the  control  of  their  pathways 
as well as advance their control and eradication. 

Marine ecosystems 

The  EU  Biodiversity  Strategy 
for  2030  aims  to 
substantially  reduce  the  negative  impacts  on  sensitive 
species  and  habitats  in  marine  ecosystems  and  to 
achieve good environmental status as well as eliminate 
or 
incidental  catches  of  protected, 
endangered, threatened and sensitive species to a level 
that allows species recovery and conservation56. 

reduce 

the 

The  Marine  Strategy  Framework  Directive  (MSFD)57 
requires Member States to achieve Good Environmental 
Status  (GES)  of  their  marine  waters.  To  that  end, 
Member  States  have  to  develop  marine  strategies  for 
their marine waters, and cooperate with Member States 
sharing  the  same  marine  region  or  subregion.  These 
marine  strategies  comprise  different  steps  to  be 
developed and implemented over six-year cycles. 

Among  other  obligations,  the  MSFD  requires  Member 
States  by  15  October  2018  to  define  a  set  of  GES 
characteristics  for  each  descriptor  (article  9),  and  to 
provide  an  initial  assessment  of  their  marine  waters 
(article  8).  The  Commission  then  assesses  whether  this 
constitutes  an  appropriate  framework  to  meet  the 
requirements of the Directive. 

The  Commission  assessed  Spain’s  2018  determinations 
of GES for each MSFD’s 11 descriptors58 and determined 
their  level  of  adequacy  in  relation  to  the  Commission 
GES Decision59. A good or very good score indicates that 
the national determinations of GES are well aligned with 
the  Commission  GES  Decision, 
requirements  of 
providing  qualitative 
and  quantitative  national 
environmental  objectives  to  be  achieved  for  their 
marine waters. 

56  The  EU  Common  Fisheries  Policy  (CFP)  aims  to  contribute  to  the 
achievement  of  the  objectives  of  the  environmental  legislation  for 
marine ecosystems. 
57 Marine Strategy Framework Directive 2008/56/EC 
58 Annex I of Directive 2008/56/EC. 
59  Commission  Decision  (EU)  2017/848  laying  down  criteria  and 
methodological  standards  on  good  environmental  status  of  marine 
waters  and  specifications  and  standardised  methods  for  monitoring 
and assessment, and repealing Decision 2010/477/EU. 

Spain is included in three marine sub-regions: 

In 

this 

  ABI-NE  Atlantic:  Bay  of  Biscay  and  Iberian 
region,  6  out  of  11 
Coast. 
determinations  of  GES  were  assessed  as  good 
or  very  good.  The  national  determination  of 
GES  by  Spain  is  coherent  for  6  out  of  11 
descriptors 

  AMA-NE Atlantic: Macaronesia. In this region, 5 
out of 11 determinations of GES were assessed 
as  good  or  very  good.  The  national 

60  Assessment  carried  out  by  the  European  Commission  of  the  data 
reported by the Member States, January 2022. Please note that only 
two sub-sections of descriptor D1 are displayed (D1-M Mammals and 
D1-B Birds). For the analysis, these two sub-sections were considered 
as a whole after averaging them. 

Environmental Implementation Review 2022 – Spain 

 
                                                                 
 
 
                                                                 
determination of GES by Spain is coherent for 5 
out of 11 descriptors 

  MWE-Mediterranean: Western Mediterranean, 
Sea. In this region,  6 out  of 11 determinations 
of  GES  were  assessed  as  good  or  very  good. 
The  national  determination  of  GES  by  Spain  is 
coherent for 6 out of 11 descriptors. 

The  MSFD  also  requires  that  Member  States  make  an 
assessment of the current environmental status of their 
marine waters in relation to the determination of GES. A 
good  or  very  good  score  indicates  Member  States  has 
good capabilities to assess their marine environment in 
accordance  with  the  requirements  set  out 
in  the 
Commission GES Decision. 

Figure  15:  Level  of  adequacy  of  initial  assessment  of 
Spain’s  marine  environment  (ABI  and  AMA  regions) 
with criteria set under the Commission GES Decision – 
article 8 (2018 – reporting exercise)61 

Spain  19 

In the marine sub-region ABI-NE Atlantic: Bay of Biscay 
and Iberian Coast, 6 desriptors out of 11 were scored as 
good  or  very  good.  Spain’s  assessment  of  its  marine 
environment  is  coherent  with  requirements  set  under 
for  6  out  of  11 
the  Commission  GES  Decision 
descriptors. 

the  marine 

In 
sub-region  AMA-NE  Atlantic: 
Macaronesia,  4  desriptors  out  of  11  were  scored  as 
good  or  very  good.  Spain’s  assessment  of  its  marine 
environment  is  coherent  with  requirements  set  under 
the  Commission  GES  Decision 
for  4  out  of  11 
descriptors. 

In the marine sub-region MWE Mediterranean: Western 
Mediterranean,  5  desriptors  out  of  11  were  scored  as 
good  or  very  good.  Spain’s  assessment  of  its  marine 
environment  is  coherent  with  requirements  set  under 
the  Commission  GES  Decision 
for  5  out  of  11 
descriptors.  Spain  is  missing  data  for  the  marine  sub-
region  AMA-NE  Atlantic:  Macaronesia 
for  D5 
Eutrophication. 

In  the  2019  EIR,  the  Commission  suggested  Spain 
several priority actions related to the information to be 
provided and the measures to be adopted and another 
one on regional cooperation, which have been partially 
adressed 

As  highlighted  in  the  Commission’s  report  on  the 
regional 
implementation  of 
cooperation  has  improved  since  the  adoption  of  the 
is  needed  to  attain  full 
MSFD,  more  cooperation 

the  MSFD62,  while 

61 Idem. 

62 COM(2020)259  

Environmental Implementation Review 2022 – Spain 

 
 
                                                                 
 
                                                                 
Spain  20 

included  an  assessment  of  the 
2012.  This  project 
condition of the Spanish ecosystems and biodiversity, a 
future scenario exercise and a spatial explicit analysis on 
biodiversity,  ecosystem  services,  land  use  change  and 
socioeconomic  variables.  From  2012  to  2014  SNEA 
developed  an  economic  valuation  of  a  selection  of 
ecosystem  services  at  national  level  including  three 
main methodologies: 1) a  systematic review and meta-
analysis studies of existing economic valuations studies 
in  Spain;  2)  mapping  and  valuation  of  5  ecosystem 
services  based  on  market  based  methods;  and  3)  a 
choice  experiment 
the  socioeconomic 
to  assess 
valuation  taking  into  account  the  use  and  non-use 
values of biodiversity and ecosystem services. 

Spain took part in the ESMERALDA project66 that aimed 
at  delivering  a  flexible  methodology  to  provide  the 
regional 
building  blocks 
assessments. 

for  pan-European  and 

Within  the  framework  of  the  LIFE  Integrated  Project 
INTEMARES  (2017-2024)67,  an  assessment  of  the  state 
of ecosystems and their services within the Natura 2000 
marine network is currently underway. In this context, a 
mapping  and  economic  valuation  of  four  different 
services is being conducted. 

Spain  is  involved  in  the  Ecosystem  Service  Partnership 
(ESP)68,  connecting  over  3.000  ecosystem  services 
scientists,  policy  makers  and  practitioners  who  work 
together in more than 40 Working Groups and a growing 
number of National Networks on all continents. 

Spain  has  not  provided  updated 
information  and 
therefore no progress has been recorded since  January 
2016  (Figure  16).  This  assessment  is  based  on  27 
implementation  questions  and  updated  every  six 
months. 

Figure 16: ESMERALDA MAES Barometer, January 2016 
– March 202169 

regional coherence of the marine strategies, as required 
by  the  Directive.  Furthermore,  in  March  2022,  the 
European Commission published a Communication with 
recommendations for Member States.  The Commission 
assessment highlights that Member States need to step 
up  their  efforts  to  determine  the  good  environmental 
status  and  the  use  of  the  criteria  and  methodological 
standards  according  to  the  Commission  GES  Decision. 
The  above  considerations  form  the  basis  for  the  2022 
priority actions. 

2022 priority actions 

 

 

Ensure  regional  cooperation  with  Member  States 
sharing  the  same  marine  (sub)region  to  address 
predominant pressures. 
Implement  the  recommendations  made  by  the 
in  the  Staff  Working  Document63 
Commission 
accompanying 
on 
recommendations  per  Member  States  and  region 
on the 2018 updated reports for Articles 8, 9 and 10 
of the MSFD. 

Communication64 

the 

Ecosystem assessment and accounting 

The  EU  Biodiversity  Strategy  for  2030  calls  on  Member 
States  to  better  integrate  biodiversity  considerations 
into  public  and  business  decision  making  at  all  levels 
and to develop natural capital accounting. The EU needs 
a  better  performing  biodiversity  observation  network 
and  more  consistent  reporting  on  the  condition  of 
ecosystems. 

The  ecosystem  assessment 
is  an  analysis  of  the 
pressures  and  the  condition  of  terrestrial,  fresh-water 
and marine ecosystems and their services using spatially 
explicit  data  and  comparable  methodology  based  on 
European data about the functions of ecosystem assets 
and the ecosystem services they produce, using relative 
to the baseline year 2010. 

The ecosystem accounting is built on five core accounts 
(ecosystem  extent,  ecosystem  condition,  physical 
ecosystem  services,  monetary  ecosystem  services  and 
monetary  ecosystem  assets).  These  accounts  are 
compiled  using  indicators  of  ecosystem  assets  and  the 
ecosystem services they produce. 

The  Spanish  National  Ecosystem  Assessment  (SNEA)65 
began  in  2009,  completed  its  biophysical  evaluation  in 

63  SWD(2022)1392. 
64  COM(2022)550. 

65 See www.ecomilenio.es 

66 See the ESMERALDA project. 
67 See the LIFE IP INTEMARES 
68 See the Ecosystem Service Partnership (ESP). 
69 European Commission, Joint Research Centre, Publication Office, EU 
Ecosystem assessment: summary for policymakers, page 80, 2021. 

Environmental Implementation Review 2022 – Spain 

 
                                                                 
 
                                                                 
Spain  21 

quantification  of  some  ecosystem  services,  mainly 
regulating  and  some  cultural.  Otherwise,  developing 
accounts  in  some  specific  ecosystem  such  as  marine 
ecosystems  present  an  additional  difficulty.  One  of  the 
main  challenges  is  to  improve  the  participation  of  all 
relevant 
relevant 
information,  and  to  ensure  the  availability  and  update 
of the data and information necessary for responding to 
the needs of ecosystem account, as well as to promote 
political and legislative actions. 

institutions  which  possess 

the 

2022 priority actions 

  On  the  topic  of  ecosystem  accounting,  there  is  a 
need  for  training  for  some  Spanish  government 
institutions.  Moreover,  a 
simple  guide  of 
applications  of  the  different  accounts  would  be 
helpful  for  the  process.  Sharing  experiences  and 
systematic  communication  between  the  different 
MAIA partners will be very useful. 

Progress  on  ecosystem  accounting  implementation  is 
assessed  at  national  scale  based  on  13  questions  (see 
figure below). 

Figure 
September 202170 

17: 

Ecosystem 

accounting 

Barometer, 

international  policy  needs. 

In  Spain,  the  development  of  ecosystem  accounting  is 
seen  as  complementary  to  a  broad  range  of  national 
and 
in 
particular to the SEEA-EEA, the European Environmental 
Economic  Accounts  (EEA)  and  the  EU  and  Spanish 
Biodiversity strategies. 

It  contributes 

Ecosystem  accounting 
is  being  developed  on  two 
different levels: at the national level and at the regional 
level for Andalusia. 

At the national level, an ecosystem extent and a  forest 
condition  account  have  been  developed  and  will  be 
published  soon.  They  are  also  working  on  a  range  of 
multiple  ecosystem  services  and  biodiversity  accounts, 
and in the near future they will develop ecosystem asset 
accounts. The  work developed under the MAIA project 
will  contribute  to  the  experimental  development  and 
certain  ecosystem  accounts, 
implementation  of 
therefore  contributing  to  the  preparation  of  official 
national  environmental  accounts  in  the  future,  which 
will  be  addressed  in  the  context  of  the  modification  of 
Regulation (EU) 691/2011 on environmental accounts. 

At  the  regional  level  and  in  Andalusia,  the  focus  has 
been  to  develop  forest  asset  accounts  in  monetary 
terms  that  have  been  published,  along  with  ecosystem 
services accounts, carbon and biodiversity accounts. 

The  main  data  gaps  are  related  to  evaluation  and 

70  MAIA  Portal,  Mapping  and  assessment  for  Integrated  Ecosystem 
Accounting (EU Horizon 2020 project), 2022. MAIA uses the System of 
Environmental  Economic  Accounting  –  Experimental  Ecosystem 
Accounting (SEEA-EEA) as the methodological basis for the ecosystem 
accounting. The SEEA EA is an integrated an comprehensive statistical 
framework  that  is  based  on  five  core  accounts:  ecosystem  extent, 
condition, services and monetary ecosystem asset. 

Environmental Implementation Review 2022 – Spain 

 
 
 
                                                                 
 
 
 
Spain  22 

3. Zero Pollution 

Clear air 

its 

EU  clean-air  policies  and  legislation  need  to  significantly 
improve air quality in the EU, moving the EU closer to the 
quality recommended by the WHO and curbing emissions 
of key air pollutants.  
Air  pollution  and 
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 EU clean-air legislation and defining strategic targets 
and actions for 2030 and beyond.  
The 2030 zero-pollution action-plan targets are to reduce 
the health impacts of air pollution by 55% and to reduce 
the  EU  ecosystems  threatened  by  air  pollution  by  25%, 
compared to 2005.  

(NECD)77,  Spain  projects  to  reach  emission  reduction 
commitments  for  all  air  pollutants  covered  by  the 
Directive  for  the  period  2020  to  2029  and  for  most 
pollutants for 2030 onwards. The projections however do 
not  demonstrate  reaching  the  2030  onwards  emission 
reduction  commitments  for  NMVOC.  Latest  inventory 
data  submitted  by  Spain,  prior  to  review  by  the 
Commission, indicate that Spain is in compliance with the 
emission  reduction  commitments  for  NOx,  NMVOC,  SO2 
and  PM2.5,  and  in  non-compliance  with  the  emission 
reduction commitment for NH3 in 2020.   

Spain  has  submitted  its  National  Air  Pollution  Control 
Programme (NAPCP) on 31 January 2020. 

Figure  18:  Emission  trends  of  main  pollutants/  GDP 
2005-2019 in Spain78 

The  EU  has  developed  a  comprehensive  suite  of  air 
quality  legislation,  which  establishes  health-based  air 
quality 
reduction 
and 
commitments72  per  Member  State  for  a  number  of  air 
pollutants. 

standards71 

emission 

attributable 

Air  quality  in  Spain  continues  to  give  cause  for  concern. 
The  latest  available  annual  estimates  (for  2019)  by  the 
European  Environment  Agency73  point  to  about  23.300 
premature  deaths  per  year  (or  251.300  years  of  life  lost 
particulate  matter 
(YLL)) 
concentrations74, 
to  ozone 
concentrations75  and  6.250  67.500  YLL)  to  nitrogen 
dioxide  concentrations76.  These  figures  refer  to  the 
impacts  of  individual  pollutants,  and  to  avoid  double-
counting cannot be added up to derive a sum. 

fine 
(20.400 

to 
1.820 

YLL) 

The  emissions  of  key  air  pollutants  have  decreased 
significantly  in  Spain  over  the  last  years,  while  GDP 
growth  continued  (Figure  18).  According  to 
latest 
projections  as  submitted  under  Article  10(2)  of  the 
National  Emission  Reduction  Commitments  Directive 

71 European Commission, 2016. Air Quality Standards 
72 Reduction of national emissions of atmospheric pollutants. 
73 European Environment Agency. Air Quality in Europe  – 2021 Report. 
Please  see  details 
in  this  report  as  regards  the  underpinning 
methodology, p.106. 
74  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 human sources, including combustion. 
75 Low-level ozone is produced by photochemical action on pollution. 
76  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). 

77  Directive 2016/2284/EU  
78 European Environnent Agency. 

Environmental Implementation Review 2022 – Spain 

 
 
                                                                 
 
                                                                 
Figure 19: PM2.5 and NOx emissions by sector in Spain, 
201979 

For  the  year  2020,  exceedances  above  the  limit  values 
established by the Ambient  Air Quality Directive (AAQD) 
were  registered  for  nitrogen  dioxide  (NO2)  in  one  air 
quality  zone  and  in  one  zone  for  particulate  matter 
(PM10).  Furthermore,  for  several  air  quality  zones  the 
target  values  regarding  ozone  concentration  have  not 
been met80. 

Persistent  breaches  of  air  quality  requirements,  which 
have severe negative effects on health and environment, 
are  being  followed  up  by  the  European  Commission 
through infringement  procedures (mainly over PM10 and 
NO2 exceedances) covering all Member States concerned, 
including  Spain  for  exceedances  of  PM10  and  NO2  limit 
values.  The  European  Commission  has  referred  Spain  to 
the  Court  of  Justice  of  the  European  Union  over 
exceedances  of  NO2  limit  values81. 
  The  aim  of  this  legal 
action  is  that  appropriate  measures  are  put  in  place  to 
bring all air quality zones into compliance with EU norms. 

79 European Environment Agency. 
80 European Environment Agency, Eionet Central Data Repository. 
81 Case C-125/20. It concerns Madrid and Barcelona. 

Spain  23 

In  the  2019  EIR,  Spain  received  four  priority  actions, 
related  to  the  forthcoming  NAPCP  and  the  need  to 
reduce the main emission sources for the main pollutants 
through targeted actions. Although the NACPCP has been 
adopted,  there  has  been  limited  progress.  Therefore, 
priority actions in this regard are still pertinent. 

2022 priority actions 

 

 

(NAPCP),  actions 
the  main 
from 

Take,  in  the  context  of  the  National  Air  Pollution 
towards 
Control  Programme 
reducing  emissions 
sources 
mentioned above. 
Ensure  full  compliance  with  the  EU  air  quality 
standards and maintain downward emissions trends 
of  air  pollutants,  to  reduce  adverse  air  pollution 
impacts  on  health  and  economy  with  a  view  to 
reaching WHO guideline values in the future. 

Industrial emissions 

The  main objectives of EU policy on industrial  emissions 
are to:  
(i) protect air, water and soil;  
(ii) prevent and manage waste;  
(iii) improve energy and resource efficiency;  
(iv) clean up contaminated sites.  
To  achieve  this,  the  EU  takes  an  integrated  approach  to 
the  prevention  and  control  of  routine  and  accidental 
industrial emissions. The cornerstone of the policy is the 
Industrial  Emissions  Directive82  (IED).  As  announced  in 
the European Green Deal, the Commission undertook an 
impact  assessment  for  the  revision  of  the  IED  in  2021 
with  a  view  to  tabling  a  proposal  in  early  202283.  The 
revision seeks to enhance the directive’s contribution to 
the  zero  pollution  objective,  as  well  as  its  consistency 
with climate, energy and circular economy policies. 

The  overview  of  industrial  activities  regulated  by  IED 
below  is  based  on  data  reported  to  the  EU  Registry 
(2018)84. 

In  Spain,  around  6.280 
installations  are 
required to have a permit based on the IED. It represents 
an  increase  of  almost  700  installations  since  2015, 

industrial 

82  Directive  2010/75/EU  covers  industrial  activities  carried  out  above 
certain thresholds. It covers energy industry, metal production, mineral 
and chemical industry and waste management, as well as a wide range 
of  industrial  and  agricultural  sectors  (e.g.  intensive  rearing  of  pig  and 
poultry, pulp and paper production, painting and cleaning). 
83  The  revision  of  the  IED  is  performed  in  parallel  to  the  revision  of 
Regulation  (EC)  No  166/2006  on  the  European  Pollutant  Release  and 
Transfer Register (E-PRTR). 
84  European Environment Agency, European Industrial Emissions Portal. 

Environmental Implementation Review 2022 – Spain 

 
 
 
 
 
 
                                                                 
                                                                 
essentially in the intensive rearing of poultry or pigs. The 
distribution of installations is shown in Figure 20. 

Figure  21: Emissions to air from IED sectors and rest of 
national total air emissions in Spain, 201886 

Spain  24 

Industrial  sectors  in  Spain  with  most  IED  installations  in 
2018  are  intensive  rearing  of  poultry  and  pigs  (54%), 
followed  by  the  food  and  drink  sector  (8%)  and  the 
mineral production (8%). 

Figure  20:  Number  of  IED  industrial  installations  per 
sectorin Spain, 201885 

The  industrial  sectors 
identified  as  contributing  the 
largest  burden  to  the  environment  for  emissions  to  air 
were  the  energy  sector  for  Sulphur  Oxides  (SOx), 
Nitrogen Oxides (NOx) and for Mercury (Hg), Copper (Cu) 
and Nickel (Ni); the production and processing of metals 
(in particular iron and steel) for Chromium (Cr) and Lead 
(Pb);  the  waste  management  sector  for  Arsenic  (As), 
Cadmium (Cd), Particulate Matter (PM2.5), Zinc (Zn) and 
dioxins;  and  intensive  rearing  of  poultry  or  pigs  for 
Ammonia  (NH3)  and  surface  treatment  and  food,  drink, 
milk 
for  Non  Methane  Volatile  Organic 
Compounds  (NMVOCs).  The  breakdown  is  shown  in 
Figure 21. 

sector 

In 2017,  three Spanish installations were among the top 
30  E-PRTR  facilities  having  the  highest  absolute  damage 
costs  from  emissions  of  the  main  air  pollutants  and 
greenhouse  gases87.  These  are  two  power  stations 
burning coal and one burning lignite. 

(including 

The  environmental  burdens  for  industrial  emissions  to 
water mainly result from the chemicals sector and energy 
sector  for  heavy  metals,  from  the  waste  management 
sector 
for  polycyclic  aromatic 
hydrocarbons  (PAH),  from  intensive  rearing  for  poultry 
and  pigs  for  total  nitrogen  and  total  phosphorus,  and 
from  pulp  and  paper  sector  for  total  organic  carbon  (as 
total C or COD/3) (TOC). 

landfills) 

The  breakdown,  based  on  E-PRTR  data,  is  presented  in 
Figure 22. 

85  European  Environment  Agency,  EU  Registry,    European  Industrial 
Emissions Portal (data retrieved on 3 November 2021). 

86 European Environment Agency, LRTAP, Air pollutant emissions data 
viewer  (Gothenburg  Protocol,  LRTAP  Convention)  1990-2019  (data 
retrieved on 3 November 2021). 
87  EEA  (2021).  Costs  of  air  pollution  from  European  industrial  facilities 
2008–2017. Eionet Report - ETC/ATNI 2020/4. The ranking is based on 
the approach accounting for the value of a life year (VOLY), table 41 and 
table 44. 

Environmental Implementation Review 2022 – Spain 

 
 
 
 
 
                                                                 
 
                                                                 
Figure  22:  Relative  releases  to  water  from  industry  in 
Spain, 201888 

Figure  23:  Number  of  inspections  in  IED  installations  in 
Spain in 2018 

Spain  25 

The  EU  approach  to  enforcement  under  the  IED  creates 
direct  rights  for  the  public  to  have  access  to  relevant 
information  and  to  participate  in  the  permitting  process 
for potentially polluting installations. This empowers the 
public and NGOs to ensure that permits are appropriately 
granted  and  that  the  conditions  of  these  permits  are 
complied  with.  As  part  of  environmental  inspection, 
competent  authorities  undertake  site  visits  to 
IED 
installations  to  take  samples  and  to  gather  necessary 
information.  According  to  Article  23(4)  of  the  IED,  site 
visits must be carried out between once a year and once 
every three years, depending on the environmental risks 
posed  by  the  installations.  In  2018  Spain  undertook  400 
site visits, most of which concerned the intensive rearing 
of  poultry  or  pigs  (51%),  followed  by  the  waste 
management  sector,  including  landfills  (9%),  and  food 
drink milk sector (8%). 

The  development  of  Best  Available  Techniques  (BAT) 
Reference  Documents  (BREFs)  and  BAT  Conclusions 
ensures  a  good  collaboration  with  stakeholders  and 
enables  a  better  implementation  of  IED89.  Since  the  last 
EIR  report,  BAT  Conclusions  were  adopted  for  Waste 
Incineration, for the Food, Drink and Milk Industries and 
for  Surface  Treatment  Using  Organic  Solvents  including 
Wood and Wood Products Preservation with Chemicals. 

The  Commission  relies  on  the  efforts  of  national 
competent  authorities  to  implement  the  legally  binding 
BAT  conclusions  and  associated  BAT  emission  levels  in 
environmental permits. This should result in considerable 
and continuous reduction in pollution. 

In  2019,  Spain  received  the  priority  actions  to  review 
permits  to  ensure  that  they  comply  with  the  newly 
adopted BATC conclusions and to strengthen monitoring 
and  enforcement  to  ensure  compliance  with  BAT 
conclusions.  The  Commission  has  followed  up  on  these 
actions through the reporting by Spain to the EU Registry. 
The  Commission  is  currently  checking  with  Spain  the 
reported information about the permits granted for each 
installation in the scope of the IED. 

In  2019,  Spain  also  received  a  priority  action  to  address 
air  and  water  pollutant  emissions  and  the  odour  from 
plants engaged in the intensive rearing of poultry or pigs. 
Spain  was  also  asked  to  tackle  air  pollution  from  coal-
from  the  co-
fired  power  generation  plants  and 
incineration  of  waste  in  cement  plants.  As  mentioned 
above, emissions from intensive rearing of poultry or pigs 
and  from  large  combustion  plants  are  still  relevant  and 
need to be addressed by the implementation of the BAT 
Conclusions  for  intensive  rearing  of  poultry  or  pigs  and 
for  large  combustion  plants,  to  be  implemented  by 
February 2021 and August 2021, respectively. 

88  European  Environment  Agency,  E-PRTR,  European 
Industrial 
Emissions  Portal.  The  heavy  metals  are  presented  both  as  a  weighted 
sum  of  eco  toxicity  and  human  toxicity  factors  to  illustrate  both  the 
ecological  and  human  impact  (based  on  USEtox)  (data  retrieved  on  3 
November 2021). 

89  European Commission BAT reference documents. 

Environmental Implementation Review 2022 – Spain 

 
 
 
 
 
                                                                 
 
 
                                                                 
2022 priority actions 

 

Continue addressing pollution from large combustion 
plants, in particular lignite-firing plants. 

  Address  pollution  from  intensive  rearing  of  poultry 

or pigs 

Major industrial accidents prevention, SEVESO 

The  main  objectives  of  EU  policy  on  the  prevention  of 
major industrial accidents are to: 
(i)  control  major  accident  hazards  involving  dangerous 
substances, especially chemicals;  
(ii)  limit  the  consequences  of  such  accidents  for  human 
health and the environment;  
(iii)  continuously  improve  prevention,  preparedness  and 
response to major accidents.  
The  cornerstone  of  the  policy  is  Directive  2012/18/EU 
(the Seveso-III Directive90). 

The overview below of industrial plants regulated by  the 
Seveso-III Directive, hereafter ‘Seveso establishments’, is 
based  on  data  reported  to the  eSPIRS  database  (2018)91 
and  the  Spain  report  on  the  implementation  of  the 
Seveso-III Directive for the period 2015-201892. 

In Spain, among the 857 Seveso establishments, 439 are 
categorised as lower-tier establishments (LTE) and 418 as 
upper-tier establishments (UTE)  – based on the quantity 
of hazardous substances likely to be present. The UTE are 
subject to more stringent requirements. The evolution of 
the number of Seveso establishments is presented below. 

Figure  24:  Number  of  Seveso  establishments  in  Spain, 
2011, 2014 and 201893 

Spain  26 

According to Spain, the External Emergency Plan (EEP) is 
required  for  410  UTE.  In  2018,  407  UTE  had  an  EEP  and 
208  of  these  EEP  had  been  tested  over  the  last  3  years. 
The summary is shown in Figure 25. The establishment of 
is  essential  to  allow  proper  preparation  and 
EEPs 
effective  implementation  of  the  necessary  actions  to 
protect  the  environment  and  the  population  should  a 
major industrial accident nevertheless happen. 

Figure 25: Situation regarding EEP in Spain (2018)94 

The  information  to  the  public  referred  to  in  annex  V  of 
the Seveso-III Directive – especially about how the public 
concerned  will  be  warned  in  case  of  a  major  accident  ; 
the  appropriate  behaviour  in  the  event  of  a  major 
accident;  and  the  date  of  the  last  site  visit  –  are 
Seveso 
permanently  available 
establishments in Spain. 

for  92%  of 

the 

The  share  of  UTE  for  which  information  on  safety 
measures  and  requisite  behaviours  were  actively  made 
available to the public over the last  years are presented 
in Figure 26. This is an important provision of the Seveso-
III Directive as the knowledge of these information by the 
public may reduce the consequences of a major industrial 
accident. 

Figure 26: Share of UTE for which information on safety 
measures  and  requisite  behaviours  were  actively  made 
available to the public in Spain, 2011, 2014 and 201895 

90  Directive  2012/18/EU  on  the  control  of  major  accident  hazard 
involving dangerous substances. 
91 European Commission, Seveso Plants Information Retrieval System. 
92 As provided for by Article 21(2) of the Seveso-III Directive 
93 European Commission, Assessment and summary of Member States’ 
implementation  reports  for 
Implementing  Decision  2014/896/EU 
(implementing  Directive  2012/18/EU  on  the  control  of  major  accident 
hazards involving dangerous substances), 2022. 

94 Idem. 
95 Idem. 

Environmental Implementation Review 2022 – Spain 

 
 
 
 
 
 
                                                                 
 
 
 
 
                                                                 
2022 priority actions 

 

Strengthen  control  and  enforcement  to  ensure 
compliance  with  Seveso-III  Directive  provisions, 
especially on public information and EEP. 

In  the  2019  EIR,  Spain  received  two  priority  actions  to 
complete  noise  maps  and  action  plans.  Although  Spain 
has recently made some progress, they are still valid and 
are therefore reiterated. 

Spain  27 

Noise 

The  Environmental  Noise  Directive96  provides  for  a 
common  approach  to  avoid,  prevent  and  reduce  the 
harmful  effects  of  exposure  to  environmental  noise, 
although  it  does  not  set  noise  limits  as  such.  The  main 
instruments  it  uses  in  this  respect  are  strategic  noise 
mapping  and  planning.    A  relevant  2030  zero  pollution 
action  plan  target  is  a  reduction  by  30%  of  the  share  of 
people 
transport  noise 
compared to 2017. 

chronically  disturbed  by 

Excessive noise from aircraft, railways and roads is one of 
the main causes of environmental health‐related issues in 
the  EU.  It  produces  ischemic  heart  disease,  stroke, 
interrupted sleep, cognitive impairment and stress97. 

is  estimated  to  cause  at 

In Spain, based on a limited set of data98, environmental 
noise 
least  around  800 
premature  deaths  and  4  000  cases  of  ischaemic  heart 
disease  annually99.  Moreover,  some  600  000  people 
suffer  from  disturbed  sleep. 
In  Spain,  the  overall 
exposure  in  2012,  the  latest  year  with  almost  complete 
data,  was  15  million  citizens.  On  the  basis  of  the  latest 
full  set  of  information  that  has  been  analysed,  noise 
mapping  of  agglomerations,  roads  and  railways  remains 
incomplete.  Moreover,  Spain  still  lacks  action  plans  for 
around  50 agglomerations and most  roads and railways. 
These  instruments,  adopted  after  a  public  consultation, 
should include the measures to keep noise low or reduce 
it. 

Due to these shortcomings in the implementation of the 
Noise Directive, the Commission opened an infringement 
procedure in 2016, which is currently at reasoned opinion 
stage. 

2022 priority actions 

 
 

Complete noise mapping. 
Complete action plans for noise management. 

Water quality and management 

EU  legislation  and  policy  requires  that  the  impact  of 
pressures  on  transitional,  coastal  and  fresh  waters 
(including  surface  and  ground  waters)  be  significantly 
reduced.  Achieving,  maintaining  or  enhancing  a  good 
status  of  water  bodies  as  defined  by  the  Water 
Framework Directive will ensure that EU citizens benefit 
from good quality and safe drinking and bathing water. It 
will  further  ensure  that  the  nutrient  cycle  (nitrogen  and 
phosphorus)  is  managed  in  a  more  sustainable  and 
resource-efficient way. 

Water Framework Directive 

is 

(WFD)100 

The  Water  Framework  Directive 
the 
cornerstone of the EU water policy in the 21st century101. 
The WFD along with other water-related legislation102  set 
the  framework  for  sustainable  and  integrated  water 
management, which aims at a high level of protection of 
water resources, prevention of further deterioration and 
restoration to good status. 

Spain  has  25  River  Basin  Management  Plans  (RBMPs)  in 
accordance  to  the  WFD,  related  to  the  correspondent 
River Basin Districts (RBDs). 

By March 2022, Member States have to report the third 
generation  of  RBMPs  under  the  WFD.  The  Commission 
will  assess  the  reported  status  and  progress,  checking 
how  the  findings  identified  in  the  assessment  of  the 
second RBMPs103 have been addressed. Spain has not yet 
reported the third RBMPs. 

96 Directive 2002/49/EC. 
97 WHO 2018, Environmental Noise Guidelines for the European Region. 
98  For  further  information:  European  Environment  Agency,  Noise  Fact 
Sheets 2021. 
99  These  figures  are  an  estimation  by  the  European  Environmental 
Agency  based  on:  (i)  the  data  reported  by  Member  States  on  noise 
exposure  covered  by  Directive  2002/49/EC;  (ii)  ETC/ATNI,  2021,  Noise 
indicators under the Environmental Noise Directive 2021: Methodology 
for  estimating  missing  data,  ETC/ATNI  Report  No  2021/06,  European 
Topic Centre on Air Pollution, Transport, Noise and Industrial Pollution; 
(iii)  the  methodology  for  health  impact  calculations,  ETC/ACM,  2018, 
Implications of environmental noise on health and wellbeing in Europe, 
Eionet  Report  ETC/ACM  No  2018/10,  European  Topic  Centre  on  Air 
Pollution and Climate Change Mitigation.  

100 The Water Framework Directive (2000/60/EC). 
101 The EU Water Policy. 
102  This 
includes  the  Groundwater  Directive  (2006/118/EC),  the 
Environmental  Quality  Standards  Directive  (2008/105/EC),  the  Floods 
Directive  (2007/60/EC),  the  Bathing  Water  Directive  (2006/7/EC),  the 
Urban  Waste  Water  Treatment  Directive  (91/271/EEC),  the  new 
Drinking  Water  Directive  (2020/2184/EC),  the  Nitrates  Directive 
(91/676/EEC),  the  Marine  Strategy  Framework  Directive  (2008/56/EC), 
the Industrial Emissions Directive (2010/75/EU) and the new Regulation 
on minimum requirements for water reuse (2020/741). 
103  Detailed  information  can  be  found  in  the  5th  Report  from  the 
Commission on the implementation of the Water Framework Directive 
and the Floods Directive, as well as in the 2019 EIR. 

Environmental Implementation Review 2022 – Spain 

 
 
 
 
                                                                 
                                                                 
of 

on 

interim 

progress 

assessment 

The  Commission  published  in  December  2021  the  6th 
Implementation  Report104.  It  includes,  amongst  others, 
an 
the 
implementation of the Programmes of Measures and  on 
the  new  priority  substances.  The 
monitoring  of 
assessment  report  for  Spain105  showed  that  as  regards 
the effectiveness of the measures and their contribution 
to the achievement of the WFD objectives, the reported 
gap  indicator  values  indicated  progress  in  2021  in  all 
RBDs  except  the  Canary 
inland 
Catalonia  RBD  and  Melilla  RBD).  In  the  following  period, 
the  indicator  values  confirmed  the  downward  trend,  all 
RBDs  showed  progress  from  2021  to  2027  on  all 
occasions except Ebro RBD and Tenerife RBD where some 
indicators  reflect  stagnation.  However,  although  the 
progress  is  clear,  the  indicators  values  reflect  that  some 
action  is  still  necessary  beyond  2027  to  cope  with  the 
pressures  or  chemical  substances  in  eight  RBDs  (Duero 
RBD,  Tagus  RBD,  Guadiana  RBD,  Guadalquivir  RBD, 
Andalusian Mediterranean Basins, Segura RBD, Ebro RBD 
and Tenerife RBD).  

Islands  RBDs,  the 

Based  on  the  2nd  RBMPs  reporting  and  data  published 
2020106,  in  Spain  55.6%  of  all  surface  water  bodies107 
reach good ecological status (with unknown status 2.1%) 
and  87.5%  have  good  chemical  status  (with  unknown 
6.1%).  For  groundwaters,  35.0%  failed  to  achieve  good 
chemical  status  and  24.3%  are  in  poor  quantitative 
status. 

Figure  27  illustrates  the  proportion  of  surface  water 
bodies in Spain and other European countries that failed 
to achieve good ecological status. 

Spain  28 

Figure  27:  Proportion  of  surface  water  bodies  (rivers, 
lakes, transitional and coastal waters) in less than good 
ecological status per River Basin District108 

Figure  28  presents  the  percentage  of  surface  water 
bodies  in  Spain  and  other  European  countries  failing  to 
achieve good chemical status. For Spain the percentage is 
6.4%, 
includes  water  bodies  failing  due  to 
substances behaving as ubiquitous PBTs (Persistent, Bio-
accumulative, Toxic). Without uPBTs, 5% of surface water 
bodies are failing good chemical status. 

if  one 

Figure  28:  Percentage  of  surface  water  bodies  not 
achieving good chemical status109 

Under  the  IED  framework,  it  should  be  stressed  that 
Spain showed an increase over the last decade (2.6%) in 
releases  of  heavy  metals  like  Cd,  Hg,  Ni,  Pb  and  a 

104 See the 6th Implementation Report of the WFD and FD. 
105  European  Commission,  Directorate-General 
for  Environment, 
Assessment  of  Member  States’  progress  in  Programmes  of  Measures 
during  the  second  planning  cycle  of  the  Water  Framework  Directive. 
Member State: Spain, 2022. 
106 See WISE - Freshwater 
107  Rivers, lakes, transitional, coastal, territorial. 

108 European Environment Agency, 2021.  
109 European Environment Agency, December 2019. 

Environmental Implementation Review 2022 – Spain 

 
 
 
 
                                                                 
 
 
                                                                 
increase 
significant 
(169.2%) to water110. 

in  Total  Organic  Carbon  –TOC 

Figure  30:  Water  exploitation  index  plus  (WEI+)  inside 
EU, 2017114 

Spain  29 

in Spain 

Total  water  abstracted  annually  (corresponding  to  2019 
from  surface  and  groundwater 
baseline) 
sources is 30,504.20 hm3 (EEA, 2022). The percentage for 
water  abstraction  per  sector  is  68.09%  for  agriculture, 
15.65%  for  public  water  supply,  14.9%  for  electricity 
cooling,  0.88% 
for 
manufacturing  cooling,  as  illustrated  in  the  following 
figure. Spain is developing an electronic water register to 
control  all  water  permits.  All  abstractions  require  be 
authorised 
in  Spain  both  surface  and  groundwater 
sources.  

for  manufacturing  and  0.48% 

Figure 29: Water abstraction per sector in Spain111 

In  Spain,  the  water  exploitation  index  plus  (WEI+)112  is 
23.71%,  which  is  higher  than  20%  that  is  generally 
considered  as  an  indication  of  water  scarcity113.  Spain  is 
ranked  3rd  (from  high  to  low  score)  in  the  EU  level  in 
terms of WEI+. 

110 European Environment Agency, June 2021. 
111  European  Environment  Agency,  Water  abstraction  by  source  and 
economic sector in Europe, 2022. 
112 The Water Exploitation Index plus (WEI+) is a measure of total fresh 
water  use  as  a  percentage  of  the  renewable  fresh  water  resources 
(groundwater and surface water) at a given time and place. It quantifies 
how  much  water  is  abstracted  and  how  much  water  is  returned  after 
use to the environment. 
113  By  May  2022,  EEA  will  develop  seasonal  WEI+  at  river  basin  and 
NUTS2  level,  which  provide  a  more  complete  picture  of  water  stress 
and water scarcity for each Member State. 

As a good practice, it is worth mentioning the LIFE ALNUS 
TAEJO project115, on the conservation and restoration of 
Mediterranean  alder  forests  priority  habitat  in  Western 
International  Tajo  river  basin.  This  project,  shared  with 
Portugal,  aims  to  protect  and  restore  rivers  and 
riverbanks  dominated  by  residual  alluvial  forests  (a 
priority  habitat  type  under  the  Habitats  Directive).  The 
project’s  goal 
is  to  restore  alluvial  forests  on  432 
hectares,  along  216  km  of  river,  and  restore  riverbanks 
and  enable  natural  river  regeneration  to  promote 
ecological  connectivity.  The  project's  actions  will  help 
recover soil on eroded river corridors, improve river flows 
by  removing  illegal  barriers,  and  enhance  water  quality. 
Another  outstanding  LIFE  project  is  the  LIFE  REMAR116, 
which  will  demonstrate  in  the  Catalonia  region  the 
viability of recharging an aquifer with treated water using 
managed  aquifer  recharge  (MAR)  technology.  This  will 
involve  using  two  infiltration  basins  located  next  to  the 
WWTP's secondary effluent outlet, with a reactive barrier 
installed  at  the  bottom  of  each  basin  to  remove 
contaminants.  The  aim  is  to  remove  contaminants  of 
emerging  concern,  pathogens  and  microplastics,  and 
reduce  antibiotic  resistance  genes,  from  the  treated 
wastewater. The system will be optimised for replication 
at other WWTPs. 

Floods Directive 

As  mentioned,  the  Commission  published  in  December 
2021 the 6th Implementation Report. It includes, amongst 
others,  the  review  and  update  of  the  Preliminary  Flood 
Risk Assessments during the second cycle (2016-2021). 

The assessment report117 shows that Spain has taken into 
consideration a new climate change study in this  second 
cycle  and  has  identified  areas  of  potential  significant 
flood  risks  (APSFR),  with  some  evidence  for  a  clear 
methodology  for  the  designation  of  APSFRs  including 

114 European Environment Agency, Water exploitation Index Plus, 2022. 
115 LIFE20 NAT/ES/000021 
116 LIFE20 ENV/ES/000284 
117  European  Commission,  Directorate-General 
for  Environment, 
Assessment  of  Second  Cycle  Preliminary  Flood  Risk  Assessments  and 
Identification  of  Areas  of  Potential  Significant  Flood  Risk  under  the 
Floods Directive : Member State : Spain, 2022. 

Environmental Implementation Review 2022 – Spain 

 
 
 
 
 
                                                                 
 
                                                                 
Spain  30 

Figure  31:  Bathing  water  quality  in  Europe  in  the  2020 
season121 

Figure 32: Spain, Bathing water quality 2017-2020122 

criteria  to  distinguish  between  significant  flood  risk 
existing  presently  in  an  APSFR,  or  significant  flood  risk 
likely to arise in the future in an APSFR (consideration of 
long  term  developments).  However,  the  assessment 
identified  several  areas  for  further  development  related 
mainly to mapping, level of detail for historic floods and 
criteria inconsistencies for the designation of APSFRs. It is 
noted  that  the  report  does  not  assess  Balearic  Islands, 
since  their  Preliminary  Flood  Risk  Assessment  was 
reported to the Commission in November 2021. 

Spain  has  not  adopted  and  reported  yet  the  second 
generation  of  Flood  Risk  Management  Plans  (FRMPs) 
under  the  Floods  Directive.  The  European  Commission 
will assess progress since the adoption of the first  Flood 
Risk  Management  Plans  and  publish  a  new  report,  as 
done in 2019. 

Drinking Water Directive 

As  regards  the  Drinking  Water  Directive,  no  new 
assessment  of  the  quality  of  drinking  water  is  available 
since the 2019 EIR. The quality of drinking water in Spain 
has not been indicated as an area of concern. 

The recast Directive 2020/2184 entered into force on 12 
January 2021, Member States have until 12 January 2023 
to transpose it into their national legal system. Spain will 
have to comply with the reviewed quality standards. 

Bathing Water Directive 

Regarding  the  Bathing  Water  Directive,  it  should  be 
highlighted that in 2020, out of the 2239 Spanish bathing 
waters, 88.5% were of excellent quality118. 

Detailed  information  on  the  Spanish  bathing  waters  is 
available  from a  national  portal119 and via  an interactive 
map viewer of the European Environment Agency120. 

Nitrates Directive 

The latest Commission Report on the Implementation of 
the  Nitrates  Directive123,  referring  to  the  period  2016-
2019124,  warns  that  nitrates  are  still  causing  harmful 
pollution  to  water  in  the  EU.  Excessive  nitrates  in  water 
are  harmful  to  both  human  health  and  ecosystems, 
causing  oxygen  depletion  and  eutrophication.  Where 
national authorities and farmers have cleaned up waters, 

118  European  Environment  Agency,  2021.  State  of  bathing  waters  in 
2020 – Spain country report. 
119 Ministry of Health, NAYADE Information System 
120 European Environmental Agency - State of bathing waters in 2020 

121 European Environment Agency – European Bathing Water Quality in 
2020, 2022. 
122  European  Environment  Agency,  European  Bathing  Water  Quality  in 
2017, 2018, 2019, 2020. 
123 Implementation of the Nitrates Directive in the EU. 
124 Last Implementation Report 2016-2019. 

Environmental Implementation Review 2022 – Spain 

 
 
 
 
                                                                 
 
 
                                                                 
it has had a positive impact on drinking water supply and 
biodiversity,  and  on  the  sectors  such  as  fisheries  and 
tourism  that  depend  on  them.  Nevertheless,  excessive 
fertilisation remains a problem in many parts of the EU. 

In  Spain,  while  the  nitrogen  surplus  is  below  the  EU 
average, there is a quite high phosphorus surplus. There 
is  a  well-elaborated  network  of  monitoring  stations.  A 
high  number  of  groundwater  monitoring  stations  shows 
nitrates concentrations above 50 mg/l. A high number of 
stations also shows an increasing trend. A high number of 
waters that are eutrophic are outside nitrates vulnerable 
zones.  The  Commission  recommends  that  Spain  revises 
and reinforces the nitrates actions programmes to tackle 
the  groundwater  pollution  in  hot  spots  and  revises  the 
nitrates  vulverable  zones  designation 
to  address 
eutrophication  of  surface  waters  where  agriculture 
pressure is significant. 

As explained in the 2019 EIR, the Commission launched in 
2018  a  new  horizontal  infringement  procedure  against 
Spain  on  the  Nitrates  Directive.  The  Commission 
considers that efforts by the Spanish authorities have to 
date  been  unsatisfactory  and  insufficient,  and  therefore 
decided in December 2021 to refer Spain to the Court of 
Justice of the European Union for failing to take sufficient 
action on nitrates pollution125. It is worth mentioning that 
this  case  covers  many  Autonomous  Communities, 
including the Region of Murcia and the Mar Menor. 

Urban Waste Water Treatment Directive 

Spain  has,  over  the  years,  encountered  difficulties 
implementing 
the  Urban  Waste  Water  Treatment 
Directive (UWWTD). 

last  available  data126,  the  overall 
According  to  the 
compliance rate in Spain is 84%, which is higher than the 
EU  average  of  76%  in  2018  (Figure  33).  Regarding  the 
amount  of  urban  wastewater  which  still  needs  to  be 
collected or treated according to the requirements of the 
UWWTD, further efforts are needed to provide collection 
(9.5%)  and  biological 
(0.4%),  biological 
treatment  with  nitrogen  and/or  phosphorus  removal 
(16.1%). 

treatment 

Spain  is  the  main  performer  in  the  EU  in  the  field  of 
wastewater reuse, although it is focussed mainly on some 
Spanish  regions  and  there 
is  room  and  need  for 
improvement127. 

125 See IP/21/6265 
126 WISE – Country profiles on urban waste water treatment - Spain. 
127  European  Commission  –  European  Semester  2020,  Country  Report 
for Spain. 

Spain  31 

Figure  33: Proportion of urban  waste water that meets 
all  requirements  of  the  UWWTD  (collection,  biological 
treatment,  biological  treatment  with  nitrogen  and/or 
phosphorus  removal)  in  compliant  urban  areas  of  the 
UWWTD (‘compliance rate’), 2018128 

Despite  the  improvement  in  compliance  over  the  years, 
for  which  the  use  of  EU  funding  has  been  fundamental, 
the  incomplete  implementation  of  the  UWWTD  has  led 
to several rulings of the Court of Justice of the European 
Union against Spain. 

It  should  be  noted  that  the  deadlines  pursuant  to  the 
Directive expired long time ago. The Commission has five 
infringement  procedures  currently  ongoing 
different 
against  Spain.  For  the  most  advanced  case  (normal 
areas), the Court of Justice of the European Union issued 
a  second  ruling  on  25  July  2018,  imposing  for  the  first 
time  in  the  environmental  sector  pecuniary  sanctions  to 
Spain129. 

The 2019 EIR referred to the preparation by the Ministry 
for the Environment of the Plan DSEAR, which is a water 
governance  tool  and  include  water  investments  in  the 
entire  Spanish  territory.  This  national  Plan  DSEAR  on 
wastewater,  sanitation,  water  efficiency,  saving  and 
reuse,  has  been  finally  approved  by  the  Spanish 
Government in July 2021130. 

For  the  agglomerations  in  breach  of  the  Directive,  Spain 
must finalise those projects as soon as possible. It should 
be  noted  that,  in  spite  of  the  progress  made  in  recent 
years, around 500 Spanish agglomerations do not comply 
with all the requirement of the UWWTD. 

In  the  2019  EIR,  Spain  received  six  priority  actions  on 
water  management.  Some  of  them,  related  to  the 
adoption  of  the  missing  RBMPs  and  FRMPs  have  been 

128 European Commission, WISE Freshwater, 2021. 
129 A lump sum of EUR 12 million, and a penalty payment of almost EUR 
11  million  per  six-month  period  of  delay  for  the  9  pending 
agglomerations.  At  May  2022,  Spain  has  already  paid  around  EUR  72 
million  in  this  case,  and  it  is  still  paying  fines  for  4  non-compliant 
agglomerations. 
130 See the Plan DSEAR. 

Environmental Implementation Review 2022 – Spain 

 
 
 
 
                                                                 
 
                                                                 
achieved.  The  absence  of  the  assessment  of  the  third 
RBMPs  prevents  to  evaluate  other  possible  progress, 
although  a  positive  trend  can  be  observed  as  explained 
above,  also  with  the  contribution  of  the  measures 
(reforms  and  investments)  included  in  the  RRP  Spain  in 
relation  to  the  water  sector.  In  any  event,  the  following 
priority actions are clearly pertinent. 

2022 priority actions 

 

  New  physical  modifications  of  water  bodies  should 
be  assessed  in  line  with  Article  4(7)  of  the  WFD.  In 
these assessments alternative options and adequate 
mitigation measures have to be considered. 
Increase efforts to reduce nitrates from agriculture in 
groundwater  and  address  eutrophication  of  surface 
waters where agriculture pressure is significant. 
Efforts  should  be  made  to  improve  the  coordinated 
implementation  between  water,  marine  and  nature 
policies. 
Complete 
implementation  of  the  Urban  Waste 
Water Treatment Directive for all agglomerations, by 
building  up  the  necessary  infrastructure,  as  well  as 
develop the potential of water reuse. 

 

 

Chemicals 

The EU seeks to ensure that chemicals are produced and 
used  in  a  way  that  minimises  any  significant  adverse 
effects  on  human  health  and  the  environment. 
In 
October  2020,  the  Commission  published  the  Chemicals 
Strategy  for  Sustainability  /  Towards  a  Toxic-Free 
environment131,  which  led  to  some  systemic  changes  in 
EU chemicals legislation. The strategy is part  of the EU's 
zero-pollution  ambition  –  a  key  commitment  of  the 
European Green Deal. 

legislation132  provides  baseline 
The  EU’s  chemicals 
protection for human health and the environment. It also 
ensures  stability  and  predictability 
for  businesses 
operating within the internal market. 

Since 2007, the Commission has gathered information on 
the  enforcement  of  the  Regulation  on  the  Registration, 
Evaluation,  Authorisation  and  Restriction  of  Chemicals 
the  Regulation  on 
(the  REACH  Regulation)  and 
Classification, 
(the  CLP 
Regulation). In December 2020, the Commission assessed 
the  Member  States  reports  on  the  implementation  and 
enforcement  of  these  Regulations133,  in  line  with  REACH 

Labelling  and  Packaging 

Spain  32 

Article  117(1)  and  CLP  Article  46(2).  According  to  the 
latest  available  data,  national  enforcement  structures 
have  not  changed  much.  However,  it  is  apparent  from 
this  report  that  there  are  still  many  disparities  in  the 
REACH-CLP  implementation  and  notably  in  the  area  of 
the  law  enforcement.  The  recorded  compliance  levels 
seem  to  be  quite  stable  over  time,  but  with  a  slight 
worsening  trend  likely  due  to  enforcement  authorities 
in  detecting  noncompliant 
being  more  effective 
products/companies  and  more  non-compliant  products 
being put on the EU market.  

In August 2021, the Commission published a measurable 
assessment  of  the  enforcement134  of  the  two  main  EU 
Regulations  on  chemicals  using  a  set  of  indicators  on 
different aspects of enforcement.   

Responsibility  for  checking  compliance  with  REACH  in 
Spain lies with the  17 regional  authorities (Comunidades 
Autónomas)135. 

Spain has devised but partially implemented strategies136 
for enforcement of both REACH and CLP  Regulations. 12 
of  the  17  enforcement  authorities  have  developed  an 
individual  enforcement  strategy  for  REACH  and  13  for 
CLP. Strategies are focused on raising industry awareness 
on  the  obligations  under  REACH  rules,  performing 
enforcement  campaigns  (including  ECHA’s 
inspection 
projects)  and  investigating  situations  of  complaints  in 
order to reduce public health risks. 

As  a  rule,  all  infringements  of  REACH  are  classed  as 
serious  or  very  serious  environmental  administrative 
offences.  If  the  infringement  is  sufficiently  serious,  the 
competent  authority  may  decide  to  impose  further 
penalties  in  addition  to  a  fine.  That  authority  may  also, 
where  necessary,  order  the  provisional  seizure  of  assets 
and documents. 

Some authorities in Spain have  increased the number of 
the  staff  allocated  to  REACH  and  CLP  enforcement. 
Accordingly,  REACH  controls  for  in  the  reporting  period 
(2019)  stood  at  4.089,  while  CLP  controls  carried  out 
in  the  same  period.  Furthermore, 
stood  at  3.170 
proactive inspections remain far below average. Although 
the  actual  level  of  expertise  has  increased  since  the  last 
reporting,  it  is  still  not  sufficient  for  some  specific  tasks 
under REACH, namely in relation to risk management and 
some specific areas of concern such as nanomaterials and 
endocrine  disruptors.  The  significant  percentage  of  non-
compliance  cases  out  of  the  total  number  of  REACH  and 
CLP controls, is almost the same as the EU average. 

131 See the Chemicals Strategy, COM(2020) 667 final. 
132 The REACH Regulation – The CLP Regulation. 
133  Final  Report  on  the  operation  of  REACH  an  CLP.  Member  States 
reporting 2020. 

134  European  Commission,  REACH  and  CLP  enforcement:  EU  level 
enforcement indicators 
135 Final report_REACH-CLP MS reporting_2020.pdf (europa.eu), p. 71. 
136 Final report_REACH-CLP MS reporting_2020.pdf (europa.eu), p. 76. 

Environmental Implementation Review 2022 – Spain 

 
 
 
 
                                                                 
                                                                 
Figure 34: Percentage % of non-compliance cases out of 
the  total  number  of  REACH  and  CLP  controls  during 
2019  per  Member  State  and  compared  to  the  EU 
average137 

Spain  33 

2022 priority actions 

  Upgrade  the 

implementation  and  enforcement 
administrative capacities towards a zero tolerance to 
non-compliances. 

137 European Commission, Final Report, on the operation of REACH and 
CLP, pp.87-88, 2022. 

Environmental Implementation Review 2022 – Spain 

 
 
 
 
 
 
 
 
 
 
                                                                 
Spain  34 

4. Climate action

industry, 

law  also 

transport, 

In  line  with  the  Paris  Agreement  and  as  part  of  the 
European  Green  Deal,  the  European  Climate  Law  sets 
the EU target of reaching climate neutrality by 2050 and 
reducing  greenhouse  gas  (GHG)  emissions  by  55%  by 
2030  compared  to  1990.  The 
limits  the 
contribution  that  carbon  removals  can  make  towards 
emission  reductions  in  2030  to  ensure  a  sufficient 
mitigation effort.  
The  EU  and  its  Member  States  submitted  updated 
Nationally  Determined  Contribution  (NDC)  to  the 
UNFCCC in December 2020.  
The EU is working across all  sectors and policies to cut 
GHG  emissions  and  make  the  transition  to  a  climate-
neutral and sustainable economy, as well as addressing 
the unavoidable consequences of climate change.  
EU  climate  legislation  incentivises  emissions  reductions 
the 
from  power  generation, 
maritime sector and fluorinated gases (F-gases) used in 
products.  
For  road  transport,  EU  legislation  requires  the  GHG 
intensity  of  vehicle  fuels  to  be  cut  by  6%  by  2020 
compared  to  2010138  and  sets  binding  GHG  emission 
standards for different vehicle categories139.  
Under  the  F-gas  Regulation,  the  EU’s  F-gas  emissions 
will  be  cut  by  two  thirds  by  2030  compared  with  2014 
levels. 
From  2021,  emissions  and  removals  of  GHGs  from 
LULUCF  have  been 
in  the  EU  emission-
included 
reduction efforts.  
The  EU  adaptation  policy  is  an  integral  part  of  the 
European  Green  Deal.  From  2021,  Member  States  are 
required  to  report  on  their  national  adaptation 
policies140, as the EU Climate Law recognises adaptation 
as a key component of the long-term global response to 
climate  change.  Member  States  will  be  required  to 
adopt  national  strategies,  and  the  EU  will  regularly 
assess  progress  as  part  of  its  overall  governance  on 
climate  action.  The  updated  EU  adaptation  strategy, 
published  in  February  2021,  sets  out  how  the  EU  can 
adapt to the unavoidable impacts of climate change and 
become climate resilient by 2050. 

Key national climate policies and strategies  

Spain  has  an  integrated  National  Energy  and  Climate 
Plan  (NECP)  for  2021-2030,  which  builds  on  long-term 
energy  and  climate  plans  and  is  consistent  with  the 
Long-term  Decarbonisation  Strategy  2050.  Spain’s 
Climate  Law  establishes  national  climate  target  to 
reduce  greenhouse  gas  emissions  by  23%  by  2030 
compared  to  1990 
levels  and  to  achieve  carbon 
neutrality by 2050. Spain has set an ambitious national 
contribution  to  the  EU  2030  renewables  target.  The 
country  regards  renewable  energies,  in  particular  wind 
and solar, as a key contribution to decarbonisation.  

In its  RRP, Spain allocates  around  40 % of the  financial 
envelope  to  climate  objectives  and  outlines  crucial 
reforms  and  investments  to  further  the  transition  to  a 
more  sustainable, 
low-carbon  and  climate-resilient 
economy. Spain plans to support the decarbonisation of 
industry  and  achieving  its  energy  objectives,  which  are 
important steps towards achieving climate neutrality by 
2050. The green transition is supported by reforms and 
long-distance 
investments  promoting  urban  and 
sustainable  mobility  and 
the  energy 
increasing 
efficiency of buildings, reducing energy dependency and 
deploying  new  technologies  for  renewable  hydrogen 
and renewable energy sources (see Chapter 5). 

The  2021-2030  National  Adaptation  Plan 
identifies 
climate  and  climate  scenarios  as  one  of  the  priority 
areas  of  work.  It  is  the  basic  planning  instrument  to 
tackle the effects of climate  change in Spain. It defines 
objectives, criteria, areas of work and lines of action to 
promote adaptation and resilience to climate change.  

Between  1990  and  2020,  greenhouse  gas  emissions  in 
Spain decreased by 6%. 

138  The  Fuel  Quality  Directive  (Directive  98/70/EC)  sets  strict  quality 
requirements  for  fuels  used  in  road  transport  in  the  EU  to  protect 
human  health  and  the  environment,  and  to  make  road  travel  across 
the EU safer. 
139 Directive 98/70/EC. 
140 Article 29 of Regulation (EU) 2018/1999. 

Environmental Implementation Review 2022 – Spain 

 
 
 
 
                                                                 
Figure  35:  Total  greenhouse  gas  emissions  (incl. 
international aviation) in Spain, 1990-2020 

Figure  36:  Emissions  and  targets  under  the  Effort 
Sharing  Decision/  Effort  Sharing  Regulation  in  Spain, 
2020 and 2030 as percentage change from 2005 

Spain  35 

Figure  37:  Emissions,  annual  emission  allocations 
(AEAs) and accumulated surplus/ deficit of AEAs under 
the Effort Sharing Decision in Spain, 2013-2020 

Effort sharing target  

For  emissions  not  covered  by  the  EU  Emissions  Trade 
Scheme  (ETS),  Member  States  have  binding  national 
targets  under  the  Effort  Sharing  legislation141.  Spain’s 
target  under  the  EU  legislation  is  to  reduce  emissions 
not  covered  by  the  EU  emissions  trading  system  (such 
as  buildings,  road  transport,  agriculture,  small  industry 
and waste) by 10% by 2020 and 26% by 2030, compared 
to  2005.  Spain  has  overachieved  its  2020  target.  The 
country’s  Effort  Sharing  emissions  in  2019  were  lower 
than its 2020 target.  

In its National Energy and Climate Plan, Spain intends to 
achieve more reductions than its current  effort  sharing 
target for 2030 of -26%. 

Key sectoral developments 

In  road  transport,  the  GHG  intensity  of  vehicle  fuels  in 
Spain  decreased  by  3.4%  from  2010  to  2019.  The 
country  needs  to  act  swiftly  to  meet  the  current  EU-
wide target of reducing 6% by 2020.  

There  are  several  types  of  action  that  Member  States 
in  this  regard,  for  example:  (i)  further 
can  take 
expanding  the  use  of  electricity  in  road  transport;  (ii) 
supporting the use of biofuels and advanced biofuels in 
particular;  (iii) 
incentivising  the  development  and 
deployment of renewable fuels of non-biological origin; 
and  (iv)  reducing  upstream  emissions  before  refining 
processes. 

Road  transport  emissions  have  fallen  by  9%  compared 
to 2005, and represent 27% of the total greenhouse gas 
emissions  in  Spain  in  2019.  The  transport  sector,  and 
road  transport  in  particular,  remains  a  key  challenge 

Environmental Implementation Review 2022 - Spain 

141 Regulation (EU) 2018/842 

 
 
 
 
 
                                                                 
 
 
 
Spain  36 

and  continue  to  represent  a  large  share  of  Spain’s 
energy  consumption.  Additional  measures  are  needed 
to reduce them. In its National Energy and Climate Plan, 
Spain intends to reduce these emissions by one third. It 
is estimated that 35% of passenger-kilometres that are 
currently  travelled  in  conventional  vehicles  in  urban 
environments  will  shift  to  non-emitting  forms  of 
transport by 2030, according to Spain’s National Energy 
and Climate Plan 

Figure  38:  Greenhouse  gas  emissions  by  sector  in 
Spain142  –  historical  emissions  1990-2019,    projections  
2021-2030 143. 

on  average,  -14.4  Mt  CO2-eq,  which  corresponds  to 
12.5% of the EU-27 accounted sink of -115.0 Mt CO2-eq. 
Reported  net  removals  show  an  increase  from  2013  to 
2015 which levels off after 2015 and slightly decrease in 
2019.  This  pattern  is  more  accentuated  for  accounted 
net  credits.  Spain  elected  to  report  and  account  for 
Cropland Management as one of six EU Member States. 

Figure  39:  Reported  and  accounted  emissions  and 
removals from LULUCF in Spain (Mt CO2-eq.) 144 

On  buildings,  Spain  has  submitted 
its  Long  Term 
Renovation  Strategy  in  May  2020,  which  provides  for, 
inter  alia,  the  renovation  of  1.2  million  residential 
buildings by 2030.  

In  Spain,  emissions  from  agriculture  represent  the 
second  large  share  of  effort-sharing  sector  emissions 
after  those  from  transport.  Spain  aims  to  reduce 
emissions  associated  with  fertiliser  use  and  manure 
management. 

In  the  Land  Use,  Land  Use  Change  and  Forestry 
(LULUCF)  sector,  projections  indicate  a  slight  decrease 
by 2030. Reported quantities  under the Kyoto Protocol 
for  the  LULUCF  in  Spain  show  net  removals  of,  on 
average,  -37.6  Mt  CO2-eq  for  the  period  2013  to  2019. 
In  this  regard,  Spain  contributes  with  10.9%  to  the 
annual  average  sink  of  -344.9  Mt  CO2-eq  of  the  EU-27. 
Accounting  for  the  same  period  depicts  net  credits  of, 

142 The sectors in the figure correspond to the following IPCC sectors: 
Energy  supply:  1A1,  1B  and  1C.  Energy  use 
in  manufacturing 
industries:  1A2.  Industrial  processes  and  product  use:  2.  Transport: 
1A3.  Other  energy  use:  1A4,  1A5  and  6.  Agriculture:  3.  Waste:  5. 
International aviation: 1.D.1.a. 
143  European  Environmental  Agency,  Total  GHG 
projections. 

trends  and 

Use of revenues from the auctioning of EU 
ETS allowances 

The  total  revenues  from  the  auctioning  of  emission 
allowances under the EU ETS over the years 2012-2021 
stood  almost  EUR  8,4  billion.  In  Spain,  revenues  are 
earmarked  for  energy  and  climate  projects  ahead  of 
each year (up to a cap, which was EUR 500 million up to 
2018  and  EUR  1100  million  thereafter).  The  remainder 
goes  to  the  general  budget,  part  of  which  also  funds 
climate  projects.  National  spending  on  climate  and 
energy is >100% of auctioning revenues. Only a part of 
actual  spending  has  been  reported,  in  some  years 
covering  specific  projects,  in  the  years  up  to  100%  of 

144  The  differences  between  reported  and  accounted  emissions  from 
LULUCF  under  the  Kyoto  Protocol  are  described  in  the  ‘explanatory 
note on LULUCF – accounted and reported quantities under the Kyoto 
Protocol’.   

Environmental Implementation Review 2022 - Spain 

 
 
 
 
 
                                                                 
 
 
 
                                                                 
revenues,  even  though  this  funding  cannot  be  directly 
linked to the auctioning revenues. 

2022 priority actions 

Spain  37 

Promote sustainable transport 

 
  Uptake renewables, in particular wind and solar 
 
 

Ensure sustainable use of biomass 
Support  building 
renewable  energy,  especially 
cooling. 

renovation  and  developing 
in  heating  and 

Environmental Implementation Review 2022 - Spain 

 
 
 
 
 
 
Spain  38 

Part II: Enabling framework: Implementation tools

5. Financing

Environmental investment needs in the EU 

Financing  environmental  measures  is  essential  for  their 
success.  Although  most  financing  comes  from  national 
sources, various EU funds contribute significantly, helping 
to  close  the  financing  gaps.  Post-2020,  environmental 
implementation  will  also  be  supported  by  the  EU’s 
COVID-19  recovery  fund  (via  the  RRF)  and  the  ‘do  no 
significant  harm’  principle  which  runs  across  the  EU 
budget.  The  renewed  commitments  made  at  COP26 
(Glasgow, October-November 2021) and the Biodiversity 
Convention  (April-May  2022)145  will  also  be  reflected  in 
the EU budget. 

Overall environmental investment gaps (EU-27) 

The EU’s investment needs for the green transition  cover 
a  range  of  interlinked  areas.  The  additional  investment 
needs  over  the  baselines  (i.e.  the  gap  between  what  is 
needed  and  what  is  forecast  to  be  invested  if  no 
is  taken)  for  climate,  energy  and 
additional  action 
transport  were estimated in 2021 at EUR 390 billion per 
annum (EU27)146 with a further EUR 130 billion a year to 
deliver the EU's core environmental objectives147. Climate 
adaptation costs can also be  significant, reaching a  total 
of  EUR  35-62  billion  (narrower  scope)  or  EUR  158-518 
billion (wider scope) per year148. Those investment needs 
reflect  the  implementation  objectives  to  2020  and  to 
2030  (except  for  climate  adaptation,  the  cost  of  which 
costs are expected to last over a longer time horizon). 

A  preliminary  update  of  the  EU’s  core  environmental 
investment gap is provided in Table 1  149. Almost 40% of 
the environmental investment gap relate to dealing with 
pollution,  which  accounts  for  nearly  two-thirds  of  the 
total  gap  if  combined  with  water  management.  The 
is 
investment  gap 

in  circular  economy  and  waste 

145  The  Convention  on  Biological  Diversity  (cbd.int);  Post-2020  Global 
Biodiversity Framework | IUCN. 
146  SWD(2021)  621,  accompanying  proposal  COM(2021)557  to  amend 
the REDII Directive (EU) 2018/2001. 
147 Identifying Europe’s recovery needs. SWD(2020) 98 final/2 
148 Impact assessment of the new LIFE Regulation. SWD(2018)292 
149  With  decreases  due  to  Brexit  and  some  reconciliation  among  the 
objectives.  DG  ENV  ”Study  supporting  EU  green  investment  needs 
analysis” 
internal  analysis 
”Environmental  Investment  needs  and  financing  in  the  EU’s  green 
transition“, July 2020. 

(ongoing,  2021-2023)  and  DG  ENV 

estimated  between  EUR  13-28  billion  a  year,  depending 
on  the  levels  of  circularity  implemented.  The  annual 
biodiversity financing gap is estimated at around EUR 20 
billion. 

1: 

Table 
environmental 
objective (2021-2030, per annum)150 

Estimated  breakdown  of 

EU’s 
investment  gaps,  by  environmental 

the 

Estimated investment gap (EU-27, 
p.a.)  

Environmental 
objective 

Pollution  prevention 
& control 

Water  management 
& industries 

Circular  economy  & 
waste 

 EUR billion 

 42.8 

 26.6 

 13.0 

Biodiversity 
ecosystems 151 

& 

 21.5 

R & D & I and other 

Total 

 6.2 

 110.1 

 % 

 39% 

 24% 

 12% 

 20% 

 6% 

 100% 

Environmental investment needs in Spain 

significantly 

During  the  last  decades,  the  support  of  the  EU  funding 
has 
the 
contributed 
implementation  of  the  EU  environmental  law  and  policy 
in  Spain.  Nevertheless,  Spain  still  faces  considerable 
challenges  and  investment  needs  in  the  areas  of  water 
and  waste  management,  air  quality  and  nature 
protection. 

improve 

to 

150 European Commission, DG Environment, ”Study supporting EU green 
investment needs analysis” (ongoing, 2021-2023) and DG Environment 
internal analysis ”Environmental Investment needs and financing in the 
EU’s green transition“, July 2020.  
151 To meet the needs of the EU Biodiversity Strategy for 2030 (Natura 
2000,  green  infrastructure),  at  least  EUR  20  billion  a  year  should  be 
unlocked  for  nature,  while  to  fully  cover  the  strategy  (including 
restoration) EUR 30-35 billion may be needed, indicating a gap of EUR 
10-20 billion a year compared to current baseline expenditure. 

Environmental Implementation Review 2022 – Spain 

 
 
 
 
                                                                 
 
 
 
                                                                 
Spain  39 

In  this  sense,  the  following  environmental  needs  have 
been identifed by sector: 

Pollution prevention & control 

The  EU’s  first  Clean  Air  Outlook152  under  the  clean  air 
programme estimated that the total air pollution control 
costs  for  Spain  to  reach  the  NECD  emission  reduction 
requirements (ERRs)153 by 2030 amount to a total need of 
EUR  5.9  billion  per  year,  including  EUR  3.8  million  for 
capital  investment  (assuming  the  achievement  the  2030 
climate and energy targets). 

As  the  second  EU’s  Clean  Air  Outlook154  suggests, 
implementing all relevant legislation adopted up to 2018, 
the  2030  climate/energy  measures  and  the  NAPCP 
should  largely  facilitate  to  reach  the  2030  climate  and 
2018  energy  targets.  Furthermore,  implementing  the 
measures  announced  in  the  Member  States  in  their 
NACPs, the EU would largely achieve the reductions of air 
pollutant  emissions  that  correspond  to  the  obligations 
under the NEC Directive for 2030, except for 15 Member 
States for ammonia (NH3), including Spain155. 

Water management 

Despite the progress that Spain has made in recent years, 
challenges  remain  in  water  management,  especially  in 
the areas of water governance, water body rehabilitation 
and  water  efficiency.  Further  infrastructure  investment 
are needed to improve water management156, such as in 
wastewater  collection  and  treatment,  reduction  of  leaks 
in  the  networks  and  general  water  supply,  improving 
monitoring  (quality  and  quantity),  as  well  as  nature-
based solutions,  floods prevention and river restoration. 
Moreover,  Spain  should  take  further  advantage  of  the 
potential  of  water  reuse.  Further  measures  are  also 
needed to face water scarcity and droughts. 

A  study  conducted  under  the  cooperation  agreement 
between the European Commission and the Organisation 
for  Economic  Cooperation  and  Development  (OECD) 
estimated investment  needs and financing capacities for 

water-related investment in EU Member States157. There 
are  also  country  factsheets  for  all  Member  States  and 
OECD  recommendations  for  some  of  them,  including 
Spain158.  Up  to  2030,  the  cumulative  additional  capital 
investment  need  for  Spain  was  estimated  at  EUR  13.2 
billion  over  baselines  (around  1.3  billion  per  year),  with 
over  90%  of  that  relating  to  wastewater.  Moreover,  the 
recent  6th  Water  Framework  Directive  and  Floods 
Directive  Implementation  Report159  and  the  financial  - 
economic  study160  accompanying  it,  are  also  a  relevant 
source of information in this domain. 

Waste & circular economy 

to  a  Commission  study161, 
According 
the  capital 
investments  need  in  the  waste  sector  in  Spain  are 
estimated  at  an  additional  EUR  1.160  million  during 
2021-2027  (and  EUR  2.187  million  in  2021-2035)  over 
baselines,  with  corresponding  annual  investment  needs 
between EUR 150-160 million a year on average  -  which 
latter  can  further  increase  by  EUR  18-38  million  per 
annum  if  biowaste  treatment  facility  replacement  costs 
are added. These investments are necessary in collection, 
biowaste 
reprocessors,  waste 
recycling 
sorting facilities and  waste registry digitalisation  while it 
does  not  include  investment  necessary  in  other  key 
waste streams (plastics, textiles, furniture) and to unlock 
a  higher  uptake  of  circularity  and  waste  prevention 
across the economy. 

treatment, 

Biodiversity & ecosystems 

its 

Prioritised  action  frameworks  (PAFs)  adopted  by  the 
Member  States  according  to  Article  8  of  the  Habitats 
Directive  present  the  conservation  priorities  for  the 
Natura  2000  network  and 
supporting  green 
infrastructure,  their  costs  and  planned  funding  sources 
for  the  period  corresponding  to  the  current  MFF  (2021-
2027).  For  Spain,  the  total  identified  needs  amount  to 
EUR 1 408.4 million a year, including EUR 269 million on 
annual one-off costs162. This excludes additional costs  to 
implement the Biodiversity Strategy to 2030, including on 
increased protection and restoration. 

152 International Institute for Applied Systems Analysis (IIASA), Progress 
towards  the  achievement  of  the  EU's  air  quality  and  emissions 
objectives, 2018. 
153  Covering  the  reductions  of  and  the  emission  ceilings  for  5 
atmospheric  pollutants,  SOx,  NOx,  PM2.5,  NH3  and  VOC  by  2030, 
compared  to  2005.  Source:  Progress  towards  the  achievement  of  the 
EU’s  air  quality  and  emissions  objectives,  IIASA  2018.  (page  29). 
Requirements are based on Directive (EU) 2016/2284.  
154 COM(2021) 3 Final and Report Annex.   
155  Nevertheless,  the  NECD  also  foresees  deliveries  by  2020  and 2025. 
Communication Second Clean Air Outlook. 
156  The  43th  Seminar  of  the  Spanish  Network  of  Environmental 
Authorities,  held  in  Logroño  in  October  2019,  was  devoted  to  “The 
“sustainable management of water resources and the EU funding”. 

157 See the outcomes of the cooperation agreement between European 
Commission and OECD. 
158 See country fiche for Spain. 
159 WFD and FD Implementation Reports – DG Environment – European 
Commission. 
160  European  Commission,  Directorate-General 
for  Environment, 
Economic  data  related  to  the  implementation  of  the  WFD  and  the  FD 
and the financing of measures, Final report. Publications Office, 2021. 
161  European  Commission:  Study  on  investment  needs  in  the  waste 
sector and on the financing of municipal waste management in Member 
States, 2019. 
162  The  N2K  Group,  Strengthening  investments  in  Natura  2000  and 
instruments  report  to  the 
improving  synergies  with  EU  funding 
European Commission, 2021. 

Environmental Implementation Review 2022 – Spain 

 
                                                                 
                                                                 
EU environmental funding 2014-2020 

Table 2: Direct  and indirect environmental investments 
under the ESI Funds in Spain, 2014-2020167 

Spain  40 

The  multiannual  financial  framework  (MFF)  2014-2020 
allocated  EUR  960  billion  (in  commitments,  2011  prices) 
for  the  EU163.  The  commitment  to  green  transition 
included  a  20%  climate  spending  target  and  funding 
opportunities  for  the  environment;  in  particular,  under 
the  European  Structural  and  Investment  (ESI)  Funds164. 
The 2014-2020 budget was subsequently topped up with 
over  EUR  50  billion  (current  prices)  from  REACT-EU  for 
cohesion  policy  action  to  support  the  recovery  from  the 
COVID-19 165. 

Spain  received  EUR  52.4  billion  from  the  ESI  Funds  over 
2014-2020 to invest in job creation and a sustainable and 
healthy  European  economy  and  environment.  The 
planned  direct  environmental  investment  amounted  to 
EUR  2.7  billion  with  further  EUR  2.1  billion  identified  as 
indirect environmental investment value, totalling to EUR 
4.8  billion.  Next  figure  shows  an  overview  of  (planned) 
individual  ESI  Funds  earmarked  for  Spain  (EU  amounts, 
without national amounts). 

Figure  40:  ESI  Funds  allocated  to  Spain,  including 
environmental investments, 2014-2020166 

163 Council Regulation (EU, Euratom) No 1311/2013. 
164  The  European  Structural  and  Investment  (ESI)  Funds  include  the 
European Regional Development Fund (ERDF), the Cohesion Fund (CF), 
the  European  Social  Fund  (ESF)  with  the  Youth  Employment  Initiative 
(YEI),  the  European  Agricultural  Fund  for  Rural  Development  (EAFRD) 
and the European Maritime and Fisheries Fund (EMFF). 
165 Regulation (EU) 2020/2221. 
166 European Commission, DG Environment analysis based on ESI Funds 
Open  Data  Portal  Integration  of  environmental  concerns  in  Cohesion 
Policy  Funds  (COWI,  2017),  Regulation  (EU)  No  1303/2013,  Regulation 
(EU)  2021/1060  and  Implementing  Regulation  (EU)  No  215/2014.  Cut-
off date for data: December 2021. Environmental investments here are 
captured  via  the  combined  use  of  intervention  fields  and  coefficients 
under  the  Regulation  (EU)  No  1303/2013  and  Regulation  (EU) 
2021/1060  allowing  for  a  more  precise  identification  and  valuation  of 
relevant  environmental 
Indirect  environmental 
investments.  N.B. 
investments are valued using the Annex I environmental coefficients of 
Regulation (EU) 2021/1060 (as opposed to full value). 

Instrument 

Under Cohesion Policy (ERDF) 
Direct environmental investments 
water 
waste 
air quality 
biodiversity and nature 
land rehabilitation 
climate and risk management 
Indirect environmental investments 
renewable energy 
energy efficiency 
other energy168 
sustainable transport 
sustainable tourism 
business development, R&I 

Under EAFRD/rural development 
Direct environmental investments 
water 
climate and risk management 
Indirect environmental investments 
renewable energy 
energy efficiency 

Under EMFF 
Direct environmental investments 
environment  protection  &  resource 
efficiency 
Indirect environmental investments 
business development, R&I 

Under ESI Funds total  
Direct environmental investments 
Indirect environmental investments 

Allocations  
for the environment  
(EUR million) 

3 711.1 
1 671.8 
998.3 
89.1 
14.6 
161.5 
263.3 
145.0 
2 039.3 
256.3 
502.8 
0.4 
1 125.2 
51.8 
102.8 

821.3 
777.2 
326.5 
450.8 
44.1 
21.6 
22.5 

277.6 
272.1 
272.1 

5.4 
5.4 

4 809.9 
2 721.2 
2 088.8 

As  can  been  seen,  the  main  financing  source  for  the 
environment  is  the  ERDF169,  which  in  Spain  is  currently 
organised  in  a  large  national  Operational  Programme 
(POPE)  and  19  regional  Operational  Programmes.  In 

investments 

identified  here 

167  European  Commission,  DG  Environment  -  Data analysis. The  values 
of  environmental 
the  specific 
in 
environmental  areas  may  differ 
from  the  tracking  values  at 
cohesiondata.ec.europa.eu, e.g. for clean air or biodiversity due to two 
factors:  the  set  of  environmental  coefficients  used  and  the  range  of 
funds assessed. DG Environment’s analysis here  covered the full range 
of ESI Funds. See also a previous footnote.  
168  Intelligent  energy  distribution  systems  (smart  grids)  and  high 
efficiency co-generation and district heating, based on intervention field 
53  and  54  respectively  (with  40%  environmental  coefficients)  of 
Regulation (EU) 2021/1060, Annex I. 
169 The last period in which Spain received the Cohesion Fund was 2007-
2013. 

Environmental Implementation Review 2022 – Spain 

 
 
                                                                 
 
 
 
                                                                 
practice, the implementation of the programming period 
2014-2020 lasts until end-2023 (rule N+3). 

also 

participates 

Spain 
operational 
programmes of territorial cooperation (transnational and 
cross-border  cooperation)  under  the  ERDF  where  the 
environmental investments carry considerable weight. 

various 

in 

The  environmental  integration  has  been  ensured  in  the 
Partnership  Agreement  2014-2020  and  the  different 
Operational  Programmes  for  the  four  ESI  Funds  through 
the  application  of 
Strategic  Environmental 
Assessment (SEA) Directive and by other means. 

the 

The Spanish Network of Environmental Authorities,  with 
the  participation  of  the  Commission  services,  plays  an 
important  role  to  foster  environmental  integration  into 
the EU funding in Spain170. 

supplemented  by  other  EU 

Funding  for  the  environment  from  the  ESI  Funds  has 
been  also 
funding 
programmes available to all Member States, such as the 
LIFE  programme,  the  Horizon  2020  or  loans  from  the 
European  Investment  Bank  (EIB),  that  add  up  to  an 
estimated  total  of  EUR  6.1  billion  of  EU  environmental 
financing for Spain in 2014-2020. 

It 

is  entirely  dedicated 

The  LIFE  programme171 
to 
environmental  and  climate  objectives. 
finances 
demonstration  and  best  practice  actions  for  green 
solutions to be deployed. In the 2014-2020 period, Spain 
has received EU support for 185 LIFE projects (for nature 
and  environment)  with  EUR  260.5  million  from  the  LIFE 
programme  (out  of  1  028  EU27  LIFE  projects  with  the 
total  EU  contribution  of  EUR  1.74  billion)172.  It  is  the 
highest  number  of  LIFE  projects  among  Member  States 
and the second largest EU LIFE contribution (after Italy). 

The 2017 EIR highlighted as a point of excellence the long 
experience  and  excellent  performance  of  Spain 
in 
preparing and managing projects co-financed by the LIFE 
programme. 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. Spanish LIFE 
projects  have, 
increase 
significantly the marine areas protected in Spain. The LIFE 
projects  have  also  improved  the  status  of  the  most 
endangered  feline  worldwide,  the  Iberian  lynx,  from 
critically  endangered’  to  ‘endangered’,  and  they  have 
substantially 
the 
socioeconomic  advantages  of  the  Natura  2000  sites  and 

for  example,  managed  to 

raised  awareness 

in  Spain  of 

170  The  Spanish  Network  of  Environmental  Authorities,  a  technical 
forum created in 1997 with a successful path, was highlighted as a good 
practice in the 2017 EIR (country report and general Communication). 
171 European Commission, LIFE Programme. 
172 Source: CINEA. 

Spain  41 

sustainable resource management173. 

Among  the  projects  selected  in  2021,  it  can  be  for 
instance  highlighted  the  LIFE  REUSING  POSIDONIA174, 
which  used  dried  Posidonia  oceanica  seagrass  as  an 
effective  and  inexpensive  thermal  insulation  in  14  social 
housing units for poor and disadvantaged people on the 
Balearic 
local, 
traditional  and  environmentally  friendly  construction 
method  reduced  emissions  by  60%,  cut  energy  use  by 
75%, and water by another 60%. 

island  of  Formentera 

(Spain).  This 

In  2014-2020,  the  Horizon  2020  allocated  about  EUR 
in  particular,  for  circular 
265.5  million  for  Spain, 
economy, including raw materials, climate action, nature 
and resources, research and innovation, water and earth 
observation,  which 
is  about  4.1%  of  Spain’s  total 
allocation175. 

received 

From the European Fund for Strategic Investments (EFSI), 
Spain 
for  direct 
environmental  investments  and  EUR  24.0  for  indirect 
investments  (totalling  to  EUR  184.0 
environmental 
million) out of its total allocation (EUR 9.1 billion) 176. 

160.0  million 

EUR 

From the European Investment Bank (EIB), Spain received 
EUR  716.2  million  for  direct  environmental  investments 
(specifically,  for  water  and  sewerage  and  waste)  out  of 
the  total  EIB  loans  for  Spain  (EUR  66.9  billion)  177.  The 
country ranks second in size in total EIB lending. 

In 2020, the EIB provided EUR 24.2 billion to fight climate 
change at EU level, 37% of its total financing and EUR 1.8 
billion (3% of its financing) for the environment 178. 

EU environmental funding 2021-2027 

The 2020 European Green Deal  investment  plan (EGDIP) 
calls  upon  EUR  1  trillion  green  investments  (public  and 
private)  by  2030.  The  multiannual  financial  framework 
(MFF) 2021-2027 and the NextGenerationEU will mobilise 
EUR  2.018  trillion  (in  current  prices)  to  support  the 
COVID-19  recovery  and  the  EU's  long-term  priorities, 

173  To  get  detail  and  updated  information  of  the  LIFE  project  in  Spain, 
please consult European Commission LIFE overview Spain. 
174 LIFE12 ENV/ES/000079. See in the LIFE Awards 2021. 
175 Source: EASME, https://sc5.easme-web.eu/, accessed: 15-12-2021. 
176  Approved  and  signed  EFSI  financing  -  EIB,  2015-2020:  Source: 
https://www.eib.org/en/products/mandates-
partnerships/efsi/index.htm. 
177 EIB loans in EU countries in 2014-2020. Source: EIB Open Data Portal: 
https://www.eib.org/en/infocentre/eib-open-data.htm 
178  EIB  2020  Activity  Report.  The  EIB  Group  jointly  works  with  the 
European  Commission  in  implementing  several  programs  that  finance 
environmental implementation: InvestEU, the successor of EFSI, Pillar II 
and III of the Just Transition Mechanism. The EIB Group stands as a key 
implementing  partner  for  InvestEU  with  responsibility  for  managing 
75% of the overall budgetary capacity of the mandate. 

Environmental Implementation Review 2022 – Spain 

 
                                                                 
                                                                 
including  environmental  protection.179  Following  the 
European  Green  Deal’s180  ‘do  no  harm’  pledge  and  the 
Interinstitutional  Agreement  on  the  2021-2027  MFF181, 
30%  of  the  EU  budget  will  support  climate  efforts  and 
7.5% (as of 2024) and 10% (as of 2026) biodiversity. This 
requires  increased  programming  of  financial  resources 
for  biodiversity,  specifically  under 
the  2021-2027 
Cohesion  policy  and  the  2023-2027  CAP  to  reach  those 
targets. 

Sustainable  finance  significantly  increases  transparency 
on environmental sustainability (a goal promoted by the 
EU  Taxonomy)182,  strengthens  non-financial  reporting 
requirements, facilitates green bond issuance (by the EU 
green  bond  standard183).  Reinforced  by  the  Renewed 
Sustainable  Finance  Strategy  (2020)184  it  will  increase 
investment flows to climate and environment. In support 
of financing climate  adaptation, the new  EU Strategy on 
adaptation to climate change185 can facilitate to close the 
insurance  protection  gap  from  non-insured  climate-
related  events186.  The  EIB  will  align  50%  of  its  lending 
with  climate  and  environment  by  2025187  with  EUR  250 
billion contribution to the Green Deal investment plan by 
2027. 

Table  3  makes  an  overview  of  the  EU  funds  earmarked 
specifically  to  Spain  for  the  2021-2027  period.  These 
funds  are  also  supplemented  by  other  EU  funding 
programmes available to all Member States. 

Table 3: Key EU funds allocated to Spain (current prices), 
2021-2027  

Instrument 

Country funding allocation (million 
EUR) 

Cohesion policy 

Total: 36.256.8188 

ERDF 

ESF+ 

23 539.9  

11 153.5 

long-term  EU  budget  & 

179  European  Commission,  2021-2027 
NextGenerationEU. 
180 COM/2019/640 final. 
181 Interinstitutional Agreement, OJ L 433I. 
182  See EU Taxonomy for sustainable activities. 
183 EU Green Bond Standard - 2021/0191 (COD). 
184 COM (2021) 390 Final - European Commission, Strategy for Financing 
the Transition to a Sustainable Economy.  
185 COM(2021) 82 final. 
186  The  strategy  would  support  improved  insurance  gap  coverage 
including through the natural catastrophe markets as reflected with the 
EIOPA  (the  Association  for  European  Insurance  and  Occupational 
Pension Authorities) dashboard on insurance protection gap for natural 
catastrophes. See: The pilot dashboard on insurance protection gap for 
natural catastrophes | Eiopa (europa.eu). 
187 EIB Climate Bank Roadmap 2021-2025, November 2020 
188  European  Commission,  2021-2027  Cohesion  policy  EU  budget 
allocations. 

Spain  42 

694.7189 

868.7190 

5 401.9192 

1 120.4193 

69 512.6195 (grants) 

ETC (ERDF) 

Just Transition Fund 

EAFRD/rural 
development  

under 
Plans 2023-2027191 

CAP 

Strategic 

European 
Fisheries 
Aquaculture 
(EMFAF) 

Maritime, 
and 
Fund 

Recovery  and  Resilience 
Facility (RRF)  

2021 – 2026194  

In 2021-2027, EU Cohesion Policy will support long-term 
development  objectives  in  Spain  by  investing  EUR  36.26 
billion,  including  EUR  868.7  million  from  the  new  Just 
Transition  Fund  directed  to  alleviate  the  socioeconomic 
impacts  of  the  green  transition  in  the  most  vulnerable 
regions. 

The  Partnership  Agreement  with  Spain  is  still  under 
negotiation.  The  main  source  of  financing  will  be  again 
the  ERDF  and  it  is  likely  that  a  relevant  share  will  be 
devoted to environmental investment for a wide range of 
into  account  the  thematic 
objectives,  taking  also 
concentration.  Furthermore,  other  EU  Funds  will  also 
contribute  to  support  environmental  projects  in  Spain, 
such as the EAFRD, EMFAF, LIFE and Horizon Europe. 

It is worth to recall that the implementation of the ERDF 
2021-2027  is  linked  to  the  fulfillment  of  the  enabling 
conditions, 
including  the  three  environmental  ones. 
Spain  has  already  met  the  nature  enabling  condition, 
although  further  efforts  are  needed  to  comply  with  the 
waste and water enabling conditions. 

Under  NextGenerationEU,  Spain  is  due  to  receive  EUR 
69.5 billion  (in  grants)  from the  Recovery and Resilience 
Facility  (RRF),  being  the  second  main  beneficiary  in 
absolute terms, after Italy. 

189  Interreg  initial  allocations  per  MS  including  ETC  transnational,  ETC 
cross-border co-operation and ETC outermost.  
190  European  Commission,  2021-2027  Cohesion  policy  EU  budget 
allocations. 
191 European Commission, CAP strategic plans. 
192 Regulation (EU) 2021/2115, Annex XI.  
193 Regulation (EU) 2021/1139, Annex V. 
194  The  actual  reforms  and  investments  under  the  RRF  have  to  be 
implemented until 31 December 2026. 
195 Council Implementing Decision, FIN 513. 

Environmental Implementation Review 2022 – Spain 

 
                                                                 
 
 
 
                                                                 
(RRP) 
The  Spanish  Recovery  and  Resilience  Plan 
comprises  30  components  along  four  main  axes  (green 
and digital transitions; social and territorial cohesion; and 
gender  equality).  It  includes  109  investments  and  102 
reforms,  articulated  in  416  milestones  and  targets  to  be 
met during the period 2021-2026196. 

Spain  submitted  officially  its  RRP  on  30  April  2021.  The 
Commission’s  positive  assessment  was  adopted  on  16 
June  2021  and  the  Council’s  approval  took  place  on  13 
July 2021. 

As explained in Chapter 4, the RRP Spain devotes 39.7% 
of its budget to the climate change objectives, and it can 
be said that around one half is addressed to support the 
green transition, as the next figure shows. 

Figure 41: Climate expenditure in RRP (2021-2026)197 

Spain  43 

instance,  components  1  and  6,  on  sustainable  urban 
mobility  and  sustainable  transport  (important  to  reduce 
air  pollution).  This  is  also  the  case  of  the  other  green 
components, more focussed on energy topics: 2 (building 
(energy 
renovation),  7 
infrastructure),  9  (Hydrogen)  and  10  (Just  Transition 
Strategy).  The  component  14  (tourism)  is  very  focussed 
on the green transition. The component 28 (taxation) has 
a relevant section to improve environmental taxation. 

(renewable  energies),  8 

The  implementation  of  the  RRP  Spain  is  advanced  and 
underway. 

Spain  should  take  advantage  of  the  European  Structural 
and  Investment  Funds  and  the  Recovery  and  Resilience 
Facility  to  improve  compliance  with  EU  environmental 
law  and  policy  and  to  use  the  potential  of  the  green 
economy for competitiveness and job creation. 

Under  NextGenerationEU,  the  Commission  will  issue  up 
to  EUR  250  billion  of  EU  green  bonds  (one  third  of  the 
NGEU total) until 2026 that will comply with the general 
spirit of the DNSH principle, but will not be subject to the 
currently  developed  delegated  acts  related  to  the  EU 
Taxonomy  and  will  not  fully  align  with  the  proposed  EU 
green bond standard.  

In  the  RRP  of  Spain,  there  are  some  components  with  a 
genuine  and  ambitious  environmental  dimension, 
covering  a  wide  range  of  environmental  sectors.  In 
particular: 
- 

Component  4  “Conservation  and  restoration  of 
ecosystems and their biodiversity”, with a budget of 
EUR 1.642 million. 
Component  5  “Preservation  of  the  coastline  and 
water resources”, EUR 2.091 million. 
“Environmental 
Component 
transformation  of 
sectors”, EUR 1.051 million. 
Component 12 "Industrial policy" has a relevant part 
on  waste  management  and  circular  economy,  EUR 
850  million.  Moreover, 
is 
mainstreamed throughout the RRP. 

and 
the  agri-food  and 

digital 
fisheries 

circular  economy 

3 

- 

- 

- 

There  are  also  other  components  relevant  for  the 
environment  and  with  a  considerable  budget.  For 

196 European Commission, Spain’s recovery and resilience plan. 
197 European Commission. The contributions to climate objectives have 
been calculated using Annex VI of the RRF Regulation (EU) 2021/241. 

there  are  also 

In addition to EU funds earmarked specifically for Spain in 
the  2021-2027  period, 
funding 
programmes that can been accessed  at the EU level and 
which  are  open  to  all  Member  States.  These  include, 
among  others,  the  LIFE  programme198  (EUR  5.4  billion), 
Horizon  Europe199  (EUR  95.5  billion),  the  Connecting 
Europe  Facility200  (EUR  33.7  billion)201  or  the  funds  to  be 
mobilised  via  the  InvestEU202.  They  will  also  support  the 
innovation 
green  transition, 
activities 
(Horizon 
Europe)203,  clean  transport  and  energy  (the  Connecting 
Europe 
infrastructure 
(InvestEU)205. 

including  research  and 
environmental  protection 

sustainable 

Facility)204 

for 

or 

198 European Commission, LIFE Programme. 
199  European  Commission,  Multiannual  financial  framework  2021-2027 
(in commitments) - Current prices. 
200  The  CEF  (Transport)  includes also  EUR  11.3  billion transferred from 
the  Cohesion  Fund.  30  %  of  the  transferred  amount  will  be  made 
available,  on a competitive  basis,  to  all  Member  States eligible  for  the 
Cohesion Fund. The remaining 70% will respect the national envelopes 
until  31  December  2023.  Any  unspent  amount,  by  that  date,  under 
national envelopes will support all Cohesion Fund’s Member States. 
201 Regulation (EU) 2021/1153. 
202  The  InvestEU  Fund  is  foreseen  to  mobilise  over  EUR  372  billion  of 
investment through an EU budget guarantee of EUR 26.2 billion to back 
the  investment  of  financial  partners  such  as  the  European  Investment 
Bank (EIB) Group and others. 
203 European Commission, Horizon Europe. 
204 European Commission, Connecting Europe Facility. 
205 European Union, InvestEU 

Environmental Implementation Review 2022 – Spain 

 
 
 
                                                                 
                                                                 
Spain  44 

protection services, e.g. waste and water companies) and 
24%  from  the  classical  industry  (or  business)  sector  that 
normally  pursues  environmental  activities  as  ancillary  to 
their  main    activities.  At  EU  level,  37%  comes  from 
governments,  33%  from  specialist  producers  and  30% 
from industry (business). 

Figure  43:  EU-27  Member  States'  environmental 
protection  investments  (Capex)  by  institutional  sectors 
(Total economy = 100%), 2018208 

National environmental protection 
expenditure 

Total  national  environmental  protection  expenditure 
(including all relevant current and capital expenditure )206 
in the EU-27 was EUR 272.6 billion in 2020, representing 
2%  of  the  common  GDP  being  quite  stable  over  time. 
While  absolute  expenditure  is  concentrated  in  a  few 
countries,  as  a  share  of  GDP,  most  countries  spend 
between 1-2%, including Spain (1.6%). 

Of  the  above  total,  the  EU-27's  capital  expenditure 
(Capex)  on  environmental  protection  (i.e.  investment) 
amounted  to  EUR  56.3  billion  in  2018,  lowering  to  EUR 
54.5  billion  in  2020,  representing  around  0.4%  of  GDP. 
Most  Member  States  invested  0.2-0.5%  of  their  GDP  in 
environmental  protection,  Spain  dedicated  0.2%.  During 
2014-2020,  this  totalled  to  around  EUR  376  billion  of 
environmental  investment  in  the  EU-27,  and  to  EUR  17 
billion for Spain. 

Figure 42: Direct and indirect environmental protection 
investments in the EU-27 (EUR million and % of GDP), 
2018207 

protection 

Breakdown  of  investment  by  environmental  topic  is 
partially available, at the level of institutional sectors only 
(rather than at economy level), due to different reporting 
patterns209. At Spain’s general  government  level, 26%  of 
environmental 
to 
wastewater,  23% 
to  waste 
management and 4% to pollution in 2018. In case of the 
country’s  specialist  producers,  waste  management 
dominated  with  88%,  followed  by  wastewater  (11%).  As 
regards  industry  (businesses),  61%  of  investments  went 
to  the  protection  of  air,  13%  to  wastewater  and  10%  to 
waste management to name the most significant items. 

to  biodiversity,  19% 

investments  went 

institutional 

sector,  around  45%  of  Spain’s 
By 
environmental 
(capital 
investments 
protection 
expenditure) came from the general government, further 
(of  environmental 
31% 

from  specialist  producers 

206    At  economy  level,  including  final  consumption,  intermediate 
consumption and  capital  expenditure  of  households,  corporations  and 
governments related to environmental protection goods and services. It 
excludes  EU  funds,  while  may  include  some  international  expenditure 
beyond  domestic.  Data  source:  Environmental  Protection  Expenditure 
Accounts (EPEA), Eurostat. EPEA accounts are based on the CEPA 2000 
classification, excluding climate, energy and circular economy. 
207 Eurostat, Environmental Protection Expenditure Account, 2021. 

The  total  annual  European  green  bond  issuance210  in 
2020  was  USD  156  billion  (EUR  137  billion211),  growing 

208 Eurostat, Environmental Protection Expenditure Accounts (env_epe). 
209  Data  reporting  differs  for  the  3  institutional  sectors,  leading  to 
aggregation  difficulties.  Specialist  companies  provide  comprehensive 
data  across  all  environmental  areas  (CEPA  1-9),  while  this  is  less  the 
case  for  general  government  and  industry  that  often  report  (the  non-
obligatory)  data  in  merged  categories  only  (with  difficulty  to  split)  or 
not at all. 
210  Green  bonds  were  created  to  fund  projects  that  have  positive 
environmental  and/or  climate  benefits.  The  majority  of  green  bonds 
issued are green “use of proceeds” or asset-linked bonds. The very first 
green  bond  was  issued  in  2007  with  the  AAA-rated  issuance  from 

Environmental Implementation Review 2022 – Spain 

 
 
 
                                                                 
 
                                                                 
 
from  USD  117  billion  (EUR  105  billion)  in  2019,  also 
including  some  non-EU  European  countries.  By  EU-27 
Member  States  only,  the  2020  annual  green  bond 
issuance  was  EUR  124  billion.  83%  of  the  green  bonds 
issued by European countries served energy, buildings or 
transport  objectives  between  2014-2020,  8%  supported 
water and waste, with further 6% supporting land use  – 
with  links  to  ecosystem  conservation  &  restoration, 
based  on  the  Climate  Bonds  Taxonomy  being  broadly 
similar  to  the  EU  Taxonomy212.  To  the  2020  green  bond 
issuance  by  EU  countries,  Spain  contributed  by  an 
issuance worth EUR 8.86 billion. 

Figure 44: Annual EU green bond issuance in 2020 (EUR 
billion) 

Green budget tools 

Green taxation and tax reform 

Environmental  taxes  in  Spain  are  clearly  below  the  EU 
average. Thus, Spain’s revenues from total environmental 
taxes  slightly  decreased  from  1.93%  of  GDP  in  2015  to 
1.77%  in  2019.  They  came  to  about  1.75%  of  GDP  in 
2020,  compared  with  an  EU  average  of  about  2.24%  of 
GDP.  The  distribution  of  environmental  tax  revenues 
broadly  follows  the  EU  average  pattern.  They  are  also 

multilateral  institutions,  the  European  Investment  Bank  (EIB)  and  the 
World Bank. 
211 At Eurostat’s annual average EUR/USD exchange rates. 
212 
Bonds 
information 
https://www.climatebonds.net/standard/taxonomy  

Interactive  Data  Platform  at  www.climatebonds.net.  Further 
Taxonomy: 

Climate 

on 

Spain  45 

relatively low when measured as a share of tax revenues 
– 4.74% (EU average 5.57%). 

the 

last  years, 

During 
the  Spanish  Government 
sometimes announced that it was working in this respect. 
However,  the reality is that  Spain remains as one of the 
Member  States  in  the  EU  with  the  lowest  rate  of 
environmental taxes, as the next figure shows. 

Figure 45: Environmental taxes in the EU-27, 2020213 

The  2019  European  Green  Deal  underlines  that  well-
designed  tax  reforms  can  boost  economic  growth  and 
resilience, foster a fairer society and a just transition, by 
sending the right price signals and incentives to economic 
actors.  The  Green  Deal  creates  the  context  for  broad-
based  tax  reforms,  fossil  fuel  subsidies  removal,  shifting 
the tax burden from labour to pollution, also accounting 
for  social  considerations214.  The  application  of  the 
‘polluter pays principle’ (PPP)215 stipulating that polluters 
should bear the cost of measures to prevent, control and 
remedy  pollution;  is  facilitated  by  the  EU  Commission’s 
TSI flagship216 on greening taxes.  

It 
is  worth  recalling  that  “Increasing  environmental 
taxation,  as  well  as  reducing  environmentally  harmful 
subsidies”  was  identified  as  one  of  the  three  main 
environmental  challenges  facing  Spain  in  the  2017  and 
2019  EIRs  (a  deeper  assessment  can  be  found  in  those 
reports).  This  issue  has  also  been  repeatedly  stressed  in 

213 Eurostat, Environmental taxes accounts (env_eta). 
214 COM (2019/640 final), p.17. 
215  Article  191(2)  of  the  Treaty  on  the  Functioning  of  the  European 
Union:  “Union  policy  on  the  environment  (…)  shall  be  based  on  the 
precautionary  principle  and  on  the  principles  that  preventive  action 
should  be  taken,  that  environmental  damage  should  as  a  priority  be 
rectified at source and that the polluter should pay”. 
216  European  Commission,  Greening  taxes-  applying  polluter  pays 
principle in practice,  green budgeting TSI participation. 

Environmental Implementation Review 2022 – Spain 

 
 
 
                                                                                                        
 
 
                                                                 
European  Semester  country  reports.  Shifting  taxation 
away  from  labour  towards  taxes  less  harmful  to  growth 
was  even  included  several  years  in  the  Country  Specific 
Recommendations (CSRs) to  Spain, but with very limited 
progress on this matter. 

Although  it  is  fair  to  recognise  that  fossil  fuel  subsidies 
have  been  cut  in  Spain  in  the  past  decade,  as  figure  46 
shows,  there  is  still  clear  room  for  improvement.  It  is 
expected that the next tax  reform could progress in this 
respect. 

Spain  46 

However,  it  should  be  noted  that  some  progress  can  be 
finally observed on environmental taxation. Thus, as part 
of the reforms included under the RRP, new taxes will be 
introduced on single-use plastics and waste management 
(landfill,  incineration  and  coincineration),  and  reforming 
the  tax  on  fluorinated  gases.  The  RRP  also  provides  for 
adopting further measures in the field of green taxation, 
if  agreed  in  the  context  of  the  wider  tax  reform.  In  this 
respect, a Committee of Experts has been created in the 
context of the RRP to study the reform of the Spanish tax 
system,  including  the  improvement  of  environmental 
taxation217. 

Environmentally-harmful subsidies 

removing  environmentally-harmful 
Addressing  and 
subsidies  (EHS)  is  a  further  step  towards  wider  fiscal 
reforms218. 

Fossil  fuel  subsidies  are  costly  for  public  budgets  and 
adversely  impact  the  achievement  of  the  Green  Deal 
objectives. In many cases they also go against incentives 
for  green  investments,  not  contributing  to  levelling  the 
playing  field.  Fossil  fuel  subsidies  varied  around  EUR  55 
billion  in  the  EU  since  2015.  They  rose  by  4%  between 
2015 and 2019, however some countries, such as Latvia, 
Lithuania  Sweden,  Greece  or 
Ireland,  managed  to 
decrease  them.  In  the  EU,  subsidies  on  petroleum 
products,  in  sectors  such  as  transport  and  agriculture, 
kept on growing over the period, while subsidies on coal 
and lignite decreased, due to the diminishing role of solid 
fuels  in  electricity  generation.  As  a  share  of  GDP,  fossil 
fuel  subsidies  ranged  from  1.2%  in  Hungary  to  less  than 
0.1%  in  Malta  in  2019  (being  0.4%  on  EU  average).  In 
Spain,  the  fossil  fuel  subsidies  amounted  to  EUR  5.6 
billion, reaching 0.45% of GDP.  

In  2020,  the  EU27’s  total  fossil  fuel  subsidies  decreased 
to EUR 52 billion (due to falling consumption trends amid 
the  COVID-19-related 
restrictions)  which,  without 
Member State actions, are likely to rebound as economic 
activity picks up from 2020219. 

Regarding  environmental  harmful  subsidies  in  Spain,  a 
summarised  assessment  can  be  found  in  the  2019  EIR. 

217 The Report or White Paper on the Reform of the Spanish Tax System 
has been issued by the Committee of Experts in March 2022. 
218  European  Commission,  Study  on  assessing  the  environmental  fiscal 
reform potential for the EU28. January 2016. 
219 State of the Energy Union report, COM(2021) 950 and Annex. 

Figure 46: Trends in electricity, petroleum products and 
coal subsidies in Spain220 

% GDP 

2013 

2014 

2015 

2016 

2017 

2018 

2019 

2020 

Electricity 

0,001 

0,001 

0,001 

0,000 

0,000 

0,000 

Petroleum  

0,001 

0,001 

0,001 

0,001 

0,001 

0,001 

Coal 

0,000 

0,000 

0,000 

0,000 

0,000 

0,000 

0,000 

0,001 

0,000 

0,00
0 

0,00
1 

0,00
0 

Current green budgeting practices  

Green  budgeting  encompasses  various  climate  and 
environmental  tagging  and  tracking  practices  in  budgets 
and  some  EU  Member  states  already  use  green 
budgeting  elements221.  Green  budgeting  helps  identify 
and  track  green  expenditure  and  green  revenues  to 
increase transparency on the environmental implications 
of  budgetary  policies,  improving  policy  coherence  and 
supporting  green  policies 
(including  climate  end 
environmental objectives)222. 

EU climate proofing and sustainability proofing guidance 
have  also  been  developed,  as  tools  to  assess  project 
eligibility  and  compliance  with  environmental  legislation 

220 OECD, Fossil Fuel Subsidy Tracker. 
221 European Commission, Green Budgeting Practices in the EU: A First 
Review,  2021,  Green  Budgeting  in  the  EU  Key  insights  from  the  2021 
Commission survey  and OECD,  Public  Governance  Directorate,  Climate 
Change  and  Long-term  Fiscal  Sustainability,  Working  Paper,  February 
2021. Climate Change and Long-term Fiscal Sustainability (oecd.org) 
222 OECD Paris Collaborative on Green Budgeting initiative, 2017. 

Environmental Implementation Review 2022 – Spain 

 
                                                                 
 
 
                                                                 
Spain  47 

and  criteria223.  The  European  Commission  established  a 
green budgeting reference framework224 and launched a 
technical  support  flagship  (TSI)  on  green  budgeting  in 
2021  to  assist  Member  States  in  developing  or  further 
developing national green budgeting frameworks to reap 
the  benefits  for  policy  coherence  and  for  the  green 
transition.  Spain  participated  in  the  EU  Commission’s 
green budgeting TSI started in 2021. 

Overall financing compared to the needs  

The  overall  environmental  financing  for  investments  is 
estimated  to  have  been  0.6-0.7%  of  GDP  in  the  2014-
2020  period  in  the  European  Union,  taking  into  account 
major EU funds and national financing. This ranged from  
0.7%  (Ireland)  to  1.91%  (Bulgaria),  linked  to  the  level  of 
individual  environmental  challenges  in  Member  States. 
The  overall  EU  environmental  investment  needs  in  the 
2021-2027  period  are  estimated  to  range  between  0.9-
1.5%  of  the  projected  common  GDP  (2021-2027), 
suggesting an additional financing need (gap) of 0.6-0.8% 
of  the  EU  GDP  over  past-period  financing  baselines,  for 
environmental 
the  2021-2027 
programming period225. 

implementation 

in 

Figure 47: Total environmental financing baseline (2014-
2020)  and  estimated  needs  (2020-2030)  in the EU27 (% 
of GDP) 226 

Spain’s environmental financing for investments came to 
an  estimated    0.48%  of  its  GDP  (EU  average:    0.7%)  in 
2014-2020, in over 80%  based on national sources. The 
country’s environmental investment  needs in 2021-2027 
are  estimated  to  reach  over    0.83%  of    GDP  (covering 
needs  available  in  country  breakdown),  suggesting    a 
financing gap of 0.35% of GDP   or likely over, when also 
accounting for needs estimated currently at EU-level only 
(e.g.  water  protection,  higher  circularity,  biodiversity 
strategy etc.). 

2022 priority actions 

  Adopt  and  implement  the  envisaged  measures  on 
environmental  taxation  and  explore  further  ones  in 
the  context  of  the  upcoming  tax  reform,  including 
the reduction of environmentally harmful subsidies. 

223  European  Commission,  Technical  guidance  on  sustainability 
proofing for the InvestEU Fund. 
224  European  Commission,  Green  Budgeting  Reference  Framework, 
based  on  the  review  of  the  OECD  Paris  Collaborative  on  Green 
Budgeting initiative, 2017. 
225  Source:  DG  Environment  data  analysis.  EU  financing  sources 
covered:  ESI  Funds  (ERDF,  CF,  ESF,  YEI,  EAFRD,  EMFF),  Horizon  2020, 
LIFE,  EFSI  (EU  amount),  EIB  loans.  National  financing:  total  national 
environmental  protection  capital  expenditure  (investments)  -  source: 
Eurostat  EPEA  dataset.  Cut-off  date  for  data:  end  2021.  N.B.  The  total 
financing  may  be  higher, 
indirect 
investments, requiring further analysis in the future.   
226 European Commission, ESI Funds Open Data, 2021. 

in  particular  through  further 

Environmental Implementation Review 2022 – Spain 

 
                                                                 
 
 
 
Spain  48 

6. Environmental Governance 

Information, public participation and access to 
justice 

Table  4:  Country  dashboard  on  the  implementation  of 
the INSPIRE Directive (2016-2020)231 

Citizens  can  more  effectively  protect  the  environment  if 
they  can  rely  on  the  three  ‘pillars’  of  the  Aarhus 
Convention:  
(i) access to information;  
(ii) public participation in decision making; 
(iii) access to justice in environmental matters.  

It is of crucial importance to public authorities, the public 
and businesses that environmental information is shared 
efficiently  and  effectively227.  Public  participation  allows 
authorities  to  make  decisions  that  take  public  concerns 
into account. Access to justice is a set of guarantees that 
allows  citizens  and  NGOs  to  use  national  courts  to 
protect the environment228. It includes the right to bring 
legal challenges (‘legal standing’)229. 

Environmental information 

This  section  focuses  on  Spain’s  implementation  of  the 
INSPIRE Directive. 

The  INSPIRE  Directive  aims  at  establishing  a  European 
spatial  data  infrastructure  for  sharing  environmental 
spatial  information  between  public  authorities  across 
Europe, assisting in policy-making across boundaries and 
facilitating  public  access  to  this  information.  Geographic 
information  is  needed  for  good  governance  at  all  levels 
and should be readily and transparently available. 

Spain’s performance is good. It has been reviewed based 
on  the  2021  country  fiche230.  Data  identification  and 
documentation  have  made  good  progress,  and 
implementation levels are good. 

2016 

2020 

Legend 

■  Implementation  of  this 
provision  is  well  advanced 
completed. 
or 
(nearly) 
are 
issues 
Outstanding 
be 
can 
minor 
addressed 
easily. 
Percentage: >89% 

and 

■  Implementation  of  this 
provision  has  started  and 
made  some  or  substantial 
is  still  not 
progress  but 
close 
complete. 
to  be 
Percentage: 31–89%  

is 

■  Implementation  of  this 
provision 
falling 
significantly behind. Serious 
efforts  are  necessary  to 
close  implementation  gap. 
Percentage: <31% 

Effective  coordination  and  data 
sharing 

Ensure 
coordination  

effective 

■  ■ 

Data 
without obstacle  

sharing 

■  ■ 

INSPIRE performance indicators 

i.  Conformity  of 
metadata  

■  ■ 

ii.  Conformity  of 
spatial data sets232   ■  ■ 

iii.  Accessibility  of 
spatial  data  sets 
through  view  and 
download services 

■  ■ 

iv.  Conformity  of 
network services 

■  ■ 

Public Participation 

In Spain, access to participation in environmental matters 
is  ensured  with  the  Law  27/2006233,  as  national 
legislation  incorporating  the  three  pillars  of  the  Aarhus 
Convention into the Spanish legal system. 

Moreover,  there  are  different  tools  to  foster  this  public 
participation.  Thus,  the  Ministry  for  the  Ecological 
Transition  and  the  Demographic  Challenge  (MITECO) 
published in 2021 an online  guide on public information 
and  consultation  procedures  in  environmental  impact 
assessments234. This guide provides useful information on 

227  The  Aarhus  Convention,  the  Access  to  Environmental  Information 
Directive  (Directive  2003/4/EC)  and  the  INSPIRE  Directive  (Directive 
2007/2/EC)  together  create  a  legal  foundation  for  the  sharing  of 
environmental  information  between  public  authorities  and  with  the 
public. This EIR focuses on the INSPIRE Directive's implementation.  
228 These guarantees are explained in the Commission Notice on access 
to  justice  in  environmental  matters,  OJL  275,  18.8.2017  and  a  related 
Citizen's Guide. 
229  This  EIR  focuses  on  the  means  implemented  by  Member  States  to 
guarantee  rights  of  access  to  justice,  legal  standing  and  to  overcome 
other major barriers to bringing cases on nature and air pollution. 
230 INSPIRE in your country – Spain 

231 INSPIRE Knowledge base, 2021. 
232 The deadlines for implementation of the spatial data interoperability 
were  in  2016  still  in  the  future:  23/11/2017  for  Annex  I  data  and 
21/10/2020 for Annex II and III data. It must be also considered that this 
conformity indicator will in many cases never reach 100% conformity as 
majority  of  the  countries  provide  as-is-data  sets  in  addition  to  the 
INSPIRE harmonised data sets. 
233  Law  27/2006,  of  18  July,  regulating  the  rights  of  access  to 
information, public participation and access to justice in environmental 
matters (transposing Directives 2003/4/EC and 2003/35/EC). 
234 MITECO, “Guía para la realización de trámites de información pública 
y consultas en las evaluaciones de impacto ambiental”. 

Environmental Implementation Review 2022 – Spain 

 
 
 
                                                                 
 
  
  
                                                                 
Spain  49 

regulatory legally binding acts and it is accessible for the 
members of the public and NGOs. 

Depending  on  the  case,  judges  or  courts  can  review  the 
procedural and substantive legality of plans and also acts 
of  a  regulatory  nature  based  on  the  petitions  lodged  by 
the  plaintiff  and  the  defendant  in  the  lawsuit  and  the 
counter  arguments  to  the  lawsuit  respectively.  Judges 
and  courts  can  only  review  what  the  plaintiff  and  the 
defendant ask for in their lawsuit and counter arguments. 
The  court  can  rule  that  the  regulatory  act  is  contrary  to 
Law,  and  it  can  annul  in  full  or  in  part    the  challenged 
regulatory act and can order to amend it. 

However, in case of omissions and inactivity on behalf of 
the  public  administration,  the  public  seems  to  have 
difficulties  in  obtaining  legal  standing  to  challenge  the 
situation. Moreover, bringing administrative cases to the 
courts  seems  to  be  expensive  in  some  cases  and  the 
expected  cost  may  prevent  the  public  to  take  legal 
action.  Furthermore,  the  long  duration  of  the  cases 
though the different  judicial instances, poses sometimes 
a  problem  to  get  an  effective  solution 
for  the 
environment if interim measures are not decided. 

information  on  applicable 

The  MITECO  website  contains  a  section  on  the  Aarhus 
Convention  with 
laws, 
although it is not regularly updated236. Moreover, it is too 
short and does not provide clear and precise information 
on  access  to 
in  the 
Autonomous Communities is very diverse. 

justice  rights.  The  situation 

includes  a  section  on  access  to 

The  Commission  has  developed  the  e-Justice  portal237, 
which 
in 
environmental  matters,  including  also  country  specific 
information for each Member State238. 

justice 

The  2019  EIR  included  a  priority  action  to  improve  the 
access  to  spatial  data  and  services  through  the  INSPIRE 
Directive  for  which  some  progress  has  been  achieved. 
However,  for  the  other  priority  action,  only  limited 
progress  has  been  made  on  accessibility  of  information 
on access to justice rights. 

2022 priority actions 

 

Provide up to date and disaggregated information on 
access  to  information  and  public  participation  both 
at the national and regional level. 

the  procedure  for  public  participation  and  each  of  the 
different steps, how to participate in  national and cross-
border consultations and what outcome can be expected 
from them. 

improve 

The Ministry has also developed SABIA, a portal that aims 
to 
the  management  of  environmental 
assessments and public participation by pulling together 
in  one  place  all  links  of  all  strategic  environmental 
assessments 
impact 
assessments (EIA) procedures. It provides a tool to check 
the status of plans, programmes and projects undergoing 
environmental  assessment,  dealt  with  by  the  national 
administration235.  Many  Autonomous  Communities  have 
also developed similar tools. 

environmental 

(SEA) 

and 

information  published  on  public 
However,  overall 
information 
not 
environmental  matters 
on 
disaggregated  and  it  is  not  possible  to  determine  which 
requests  for  information  refer  to  impact  assessments. 
There  is  a  lack  of  available  statistical  data  on  public 
participation regarding the EIA and SEA Directive. Thus, it 
is not possible to determine whether public participation 
is increasing or decreasing. 

is 

Furthermore,  public  participation  in  decision  making  is 
ensured  through  the  functioning  of  the  ‘Environment 
Advisory Council‘ (CAMA) where civil society groups such 
as  the  G5  (the  Group  of  the  five  biggest  environmental 
NGO’s)  or  the  Spanish  Green  Growth  Group  are 
represented. 

Access to justice 

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 
before  a  judge  or  a  court.  It  is  a  tool  for  decentralised 
implementation of EU environmental law. 

In  addition  to  the  general  provisions  on  legal  standing, 
Spain has adopted specific legislation on access to justice 
with  regard  to  the  Aarhus  Convention  through  the 
abovementioned  Law  27/2006.  Therefore,  the  Spanish 
legal  system  grants  overall  the  public  the  possibility  to 
bring environmental cases to the courts. 

Associations  and  groups  which  may  be  affected  by  the 
challenged administrative act or regulation or are legally 
entitled  to  defend  collective  rights  and 
legitimate 
interests  have  legal  standing.  Thus,  legal  recognition  is 
required  in  order  to  have  legal  standing.  There  is  a 
system  of  regular  and  substantive  supervision  of 

235 MITECO, the SABIA project. 

236 MITECO, Información ambiental. Convenio de Arhus. 
237 See the Commission eJustice portal. 
238 See Access to justice in environmental matters in Spain. 

Environmental Implementation Review 2022 – Spain 

 
 
                                                                 
                                                                 
  Better  inform  the  public,  e.g.  using  the  relevant 
Commission  eJustice  fact  sheets,  about  their  rights 
on access to justice in environmental matters. 
Ensure  that  the  outcomes  of  judicial  cases  on 
environmental matter are effective in practice. 

 

Compliance assurance 

to  ensure 

Environmental compliance assurance covers all the work 
undertaken  by  public  authorities 
that 
industries,  farmers  and  others  fulfil  their  obligations  to 
protect water, air and nature, and manage waste239.  
It includes support measures provided by the authorities 
such as: 
(i) compliance promotion240;  
(ii) inspections and other checks that they carry out, i.e. 
compliance monitoring241;  
(iii)the  steps  that  they  take  to  stop  breaches,  impose 
sanctions  and  require  damage  to  be  remedied,  i.e. 
enforcement242.  

Citizen  science  and  complaints  enable  authorities  to 
liability243 
focus  their  efforts  better.  Environmental 
ensures that the polluter pays to remedy any damage.  

Compliance promotion and monitoring 

Since the publication of the 2019 EIR, the Ministry for the 
Ecological  Transition  and  the  Demographic  Challenge 
(MITECO)  has  published  several  reports  that  provide 
information  on  the  implementation  of  the  Birds  and 
Habitats  Directives.  These  reports  are  easily  accessible, 
user friendly and they provide a lot of useful information 
on what has been done, what is to be done and what is 
planned  for  the  future.  However,  there  is  still  very  little 
online  information  available  to  the  farmers  on  how  to 
comply  with  the  obligations  on  nitrates  or  to  the  public 
about  the  implementation  of  the  Nitrates  Directive  at 
national  and  regional  level.  This  was  pointed  out  by  the 
report  on  the  implementation  of  the  Nitrates  Directive 
published  in  2020  by  the  European  Commission  which 
highlighted the difficulties in obtaining information from 

239  The  concept  is  explained  in  detail  in  the  Communication  on  EU 
actions  to 
improve  environmental  compliance  and  governance 
COM(2018)10  and  the  related  Commission  staff  working  document, 
SWD(2018)10.  
240 This EIR focuses on the help given to farmers to comply with nature 
and nitrates legislation.  
241 This EIR focuses on inspections of major industrial installations.  
242  This  EIR  focuses  on  the  availability  of  enforcement  data  and  co-
ordination between authorities to tackle environmental crime. 
243  The  Environmental  Liability  Directive,  2004/35/EC,  creates  the 
framework. 

Spain  50 

Spain244.  Some  trainings  courses  on  nitrate  pollution 
were held in 2019 and 2021245. 

The  2019  EIR  examined  two  particular  Autonomous 
Communities  on  this  matter:  Murcia  and  Castilla-La 
Mancha.  A  follow-up  has  been  done.  For  Murcia, 
according to the 2019 report on Access to Environmental 
Information,  there  is  no  information  available  on  the 
administrative  follow  up  to  detect  non-compliance  on 
nitrates  and  nature246.  It  has  an  online  calculator  that 
allows  to  make  a  balance  of  the  nitrogen  levels247. 
Although in the case of Castilla-La Mancha there is more 
information  available  on  environmental  protection  and 
statistics  (i.e.  number  of  requests  for  environmental 
information)248,  no  information  was  identified  on  follow 
up  of  administrative  proceedings  or  non-compliance. 
Moreover,  there 
is  no  clear  and  easily  accessible 
information on the Nitrates Directive for farmers. 

Information identified reflects an improvement from the 
situation  stated  in  the  2019  EIR,  which  recommended 
Spain  to  provide  more  up-to-date  information  online  on 
inspection  plans  and 
level, 
information  on  industrial  emissions  is  available  at  the 
State  Register  of  Emissions  and  Pollutant  Sources249, 
which  makes  available  to  the  public  information  on 
emissions, 
for 
the  competent  authority 
inspections in the relevant Autonomous Community. 

reports.  At  national 

including 

We  have  focused  now  on  the  three  Autonomous 
Communities  with  more  industries  subject  to  emissions 
Regulations: Cataluña, Aragón and Castilla y León. In the 
case  of  Cataluña,  all  inspection  reports  from  industrial 
sites  are  public,  easily  accessible250  and  include  data  on 
previous 
inspection, 
including  non-compliance  with  environmental  standards 
or  legislation.  However,  no  information  is  available  on 
measures  adopted,  corrective  measures  or  sanctions 
taken  further  to  the  inspection.  There  is  no  general 
statistics on carried out inspections. Aragón publishes all 

inspections,  outcome  of 

the 

244  Agriculture  and  Environment  Research  Unit  School  of  Life  and 
Medical Sciences, University of Hertfordshire, UK. (2020). Identification 
of  approaches  and  measures  in  action  programmes  under  Directive 
91/676/EEC. P, 81 “Spain: The information collated for all the regions in 
Spain  was  difficult  to  obtain  and  difficult  to  translate  in  some 
instances”. Available here. 
245  Ministry  for  Agriculture,  Fisheries  and  Food.  Training  Plan  for 
technicians of the rural environment, 2021. 
246 MITECO. Secretaría General Técnica, Vicesecretaría General Técnica 
Oficina  de  Información  Ambiental,  (2020)  Informe  Estadístico  2019 
sobre Acceso a la Información Ambiental. Available here. 
247 Region of Murcia. Calculadora de nitrógeno. 
248 Castilla-La Mancha. Diffusion of environmental information. 
249  MITECO,  the  Spanish  Register  of  Emissions  and Pollutant  Sources  – 
PRTR España. 
250 Cataluña. Information on integrated environmental inspections. 

Environmental Implementation Review 2022 – Spain 

 
 
 
                                                                 
                                                                 
inspection reports and an annual report with the planned 
inspections251. However, they are not easily accessible as 
to access them it is necessary to have the name and tax 
number  of  the  company  (CIF). 
In  Castilla  y  León 
inspection  reports  of  industrial  sites  are  also  available 
online.  They  can  be  searched  by  dates  and  province 
within the Community252. This tool can be highlighted as 
information  on  the 
a  good  practice. 
inspections,  outcome,  sanctions  and  measures  adopted 
and  prescribed  including  non-compliance.  There  is  no 
information on corrective measures taken further to the 
inspection  because  they  are  taken  through  disciplinary 
proceedings  that  are  not  published.  Additionally,  the 
annual  reports  on  planned  inspections  and  inspections 
performed are published. 

It  provides 

Complaint handling and citizen science 

The MITECO provides a form -in paper and online- to file 
claims  and  suggestions  on  the  functioning  of  the  public 
services within the Ministry and its dependent bodies253. 
To  file  the  online  form,  it  is  necessary  to  count  with 
electronic ID or an online accreditation. That is common 
for  many  administrative  formalities  but  is  not  very  user 
friendly.  There  is  also  a  phone  number  and  an  email 
available  to  citizens.  However,  there 
is  no  other 
information or FAQs on the right to file complaints. In any 
case, this cannot be considered as a system of complaint 
handling on environmental matters. 

The environmental NGOs are well organised in Spain and 
have  a  long  history  supporting  the  conservation  of  the 
environment. NGOs and civil society in general play a key 
role 
the 
lodging  queries  and  complaints  before 
competent administrative and judicial authorities. 

The  Commission  has  traditionally  received  a  very  high 
number  of  environmental  complaints  regarding  Spain. 
Overall,  the  Spanish  authorities  cooperate  closely  with 
the  Commission  services  to  resolve  the  pending  issues 
concerning  the  implementation  of  environmental  law 
and in the framework of the infringement procedures. 

A  major  issue  for  concern  observed  is  the  lack  of  an 
effective  enforcement  system  that  ensures  that  all 
administrative  or  judicial  decisions  are  readily  put  into 
force. This occasionally results in extremely long delays in 
implementation  of  EU  environmental 
the  correct 
legislation  and 
the 
Commission  in  individual  cases  that  could  be  more 
appropriately addressed at the national level. 

intervention  of 

requires 

the 

251 Aragón. Annual Plan for environmental inspections. 
252 Castilla y León. Search of environmental inspection reports. 
253 MITERD. The form is available here. 

Spain  51 

Enforcement 

in 

specialisation 

It is worth recalling that the 2019 EIR highlighted a good 
field  of  environmental 
the 
practice  by  Spain 
compliance  assurance.  Thus,  recognising  the  need  for 
professional 
tackle 
environmental  crime,  Spain  has  created  a  police  unit 
(SEPRONA  –  Guardia  Civil)  to  combat  environmental 
crime  and  a  specialised  Environmental  Prosecution 
Authority. Both have been successful in investigating and 
prosecuting organised environmental crime. 

effectively 

to 

On the 2019 EIR recommendation to publish information 
on  the  result  of  administrative  enforcement  actions  in 
particular, on breaches on nitrates and nature, it can be 
highlighted  that  the  National  Prosecution  Service  of 
Spain  publishes  annual  reports  on  investigations  for 
environmental  crimes254.  They  provide  information  on 
the 
the 
investigation/prosecution  (number  of  convictions  or 
acquittals) and the evolution of those crimes over recent 
years255. 

prosecuted 

outcome 

crime, 

the 

of 

The specialist environmental police force (SEPRONA) also 
gathers  information  on  the  number  of  investigations 
carried out256. That information is available in the annual 
statistics reports published by the Ministry of Interior257. 
These reports divide data by outcome and general types 
of crimes, such as against  nature (incl. CITES). The types 
of  crimes  are  quite  generic  and  no  reference  to  nitrates 
or  cross  compliance 
included.  They  also  provide 
statistical  information  on  administrative  and  criminal 
sanctions  imposed.  Furthermore,  the  Spanish  National 
Statistics  Institute  publishes  information  on  convictions 
from all crimes, including environmental crimes258. 

is 

evaluations 

focused  on 

The  Spanish  Evaluation  report  on  the  eighth  round  of 
"The  practical 
mutual 
implementation  and  operation  of  European  policies  on 
preventing  and  combating  environmental  crime"259 
shows  a  structural  cooperation  framework  between 
in  dealing  with  combating 
Spanish  administrations 
environmental  crime.  However,  fragmentation  between 

254  Fiscalía  General  del  Estado  –  Fiscalía  de  Medio  Ambiente  y 
Urbanismo. 
255  See  the  2020  annual  report:  Memoria  2020,  Medio  Ambiente, 
Urbanismo. 
256  A  press  release  published  by  the  Ministry  of  Interior  with  the 
information from 2020 can be found here. 
257    See  the  2020  annual  report:  Anuario  Estadístico  del  Ministerio  del 
Interior 2020. 
258 INE. Information on convictions from 2013 to 2020 is available here. 
259  Council  of  the  European  Union,  Evaluation  report  on  the  eighth 
round  of  mutual  evaluations  “The  practical 
implementation  and 
operation  of  European  policies  on  preventing  and  combating 
environmental crime” Report on Spain, 26 March 2019. 

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Spain  52 

different  levels  is  still  an  issue  that  prevents  effective 
cooperation: 

 

CITCO  (Intelligence  Centre  against  Terrorism  and 
Organised  Crime)  coordinates  investigations  related 
with organised crime and terrorism.  

  Members  of  the  National  Police,  the  Guardia  Civil, 
forestry  officers,  local  police  and  MITECO  staff  are 
assigned to the environmental  units of the Office of 
the Prosecutor Genera260l. 

The  environmental  insurance  market  in  Spain  is  well 
developed.  Approximately  eight  insurers  with  bases  in 
Spain  underwrite  environmental  insurance  policies  and 
17 
insurers  subscribe  to  policies  offered  by  the 
Environmental Risks Pool265. 

In  2020,  MITECO  developed  an  online  application  called 
ARM  that  complements  the  existing  MORA  and  IDM 
applications,  which 
facilitates  the  development  of 
environmental risk analysis266. 

  Delegated 

public 

provincial 

prosecutors 

on 
environmental  and  town  planning  coordinate  with 
MITECO  authorities  and,  where  appropriate,  with 
customs, port and airport authorities.  
SEPRONA 
for 
investigations,  including  the  Traffic  unit  for  road 
checks, 
the  Fiscal 
Department for actions in ports and airports.  

is  supported  by  other  services 

the  Maritime  Service  and 

 

  REDIA (Environmental inspection network)261 gathers 
the  heads  of  environmental  inspectorates  of  the 
Autonomous  Communities  and  the  National  State 
Administration. 
The  Waste  Coordination  Committee262  ensures 
technical  cooperation  between  competent  public 
administrations in the field of waste. 

 

Environmental Liability Directive 

The Environmental Liability Directive  (ELD)263 establishes 
a  framework  based  on  the  ‘polluter  pays’  principle  to 
prevent  and 
remedy  environmental  damage.  The 
previous  EIR  have  focussed  on  various  specific  aspect  of 
its implementation. 

In Spain, there is a registry on the environmental liability 
cases processed from April 2007 to December 2019. The 
registry  was  published  in  2019  and  was  last  updated  in 
in  .xml  format  -  suggested  by  the  European 
2020 
Commission- and in .xlsx format264.  

Article  26  of  Law  26/2007  on  Environmental  Liability 
provides  for  three  types  of  financial  security:  an 
insurance  policy;  a  bank  guarantee  or  an  "ad  hoc"  fund 
backed by the public sector. Financial security can consist 
of a combination of any of them. 

2022 priority actions 

 

Increase online information on the Nitrates Directive 
and develop promotion tools to help farmers comply 
with it. 
  Better 

the  public  and 

farmers  about 

inform 

 

 

compliance with the Nature Directive. 
Publish information on the outcome of enforcement 
action and on the follow-up to detected breaches on 
nitrates and nature. 
Further  improve  the  cooperation  among  the  public 
authorities responsible for combating environmental 
crime. 

  Raise  awareness  amongst  citizens  about  tools  to 
alert  the  authorities  about  cases  of  environmental 
damage, or breaches of environmental law. 

Effectiveness of environmental 
administrations  

in 

involved 

implementing 

environmental 
Those 
legislation at EU, national, regional and local levels need 
to have the knowledge, tools and capacity to ensure that 
the  legislation  and  the  governance  of  the  enforcement 
process bring about the intended benefits.  

Administrative capacity and quality 

(1978)  provides 

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

the  Autonomous  Communities 

260  This  is  established  in  the  last  paragraph  of  Article  22(2)  of  the 
organisational statute of the Public Prosecutor’s Office. 
261 MITECO. Red de Inspección Ambiental: REDIA. 
262 MITECO. Comisión de Coordinación en materia de residuos. 
263  Directive  2004/35/EC  on  environmental  liability  with  regard  to  the 
prevention and remedying of environmental damage. 
264  MITECO.  Reports  on  the  implementation  of  Law  26/2007  on 
Environmental  Liability  (transposing  the  ELD  into  the  Spanish  legal 
system). 

Spain’s public administration is highly decentralised. This 

265 See 2020 Study for the European Commission on Improving financial 
security  in  the  context  of  the  Environmental  Liability  Directive.  Annex 
on Spain. 
266  The  ARM-IDM-MORA  app  is  also  available  in  English  and  can  be 
found on the MITECO Website. 

Environmental Implementation Review 2022 – Spain 

 
 
                                                                 
                                                                 
is  illustrated  by  the  proportion  of  spending  managed  by 
regional  and  local  governments.  This  is  even  more 
accentuated in the field of the environment. 

to 

the 

regions, 

although 

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

the 

From the point of view of the enforcement carried out by 
the European Commission, it should be noted that Spain 
is  among  the  top-three  Member  States  with  highest 
number  of    infringement  procedures  open  in  relation  to 
the implementation of EU environmental law. 

Over recent years, there has been some progress in Spain 
to streamline and improve the efficiency of the different 
public  administrations.  At  the  same  time,  during  the 
previous  economic crisis the  public sector suffered large 
cuts  in  resources,  which  affected  the  environmental 
sector  as  well.  The  various  public  administrations 
law  have 
implementing  environmental 
involved 
different levels of financial and human resources at their 
disposal to undertake their tasks. 

in 

The Recovery and Resilience Plan (RRP) for Spain includes 
a  wide  range  of  measures,  chiefly  under  component  11, 
to improve the performance of the public administration 
and  boost  its  digital  transition.  This  also  entails  an 
environmental  dimension.  Relevant  and  outstanding 
measures on digital transition can be found  for example 
in  the  green  reforms  and  investments  of  the  RRP  Spain 
related  to  biodiversity,  water,  circular  economy  and 
waste  management,  as  well  as  agriculture  and  fisheries. 
Overall, the administrative capacity of the services in the 
Spanish  public  administrations  dealing  with  the  EU 
funding  and  the  RRP  has  also  been  reinforced  and 
improved,  being  one  of  the  main  challenges  on  this 
matter. 

Spain  53 

national  measures  in  December  2018269.  It  should  be 
noted  that  an  horizontal  infringement  procedure  on  the 
is  currently  ongoing  against  Spain,  at 
EIA  Directive 
reasoned opinion stage, due to some pending conformity 
issues  of  the  Spanish  transposition,  such  as  the 
thresholds  set  up  for  certain  categories  of  projects  of 
Annex II of the EIA Directive. 

the 

The  Commission  encourages 
streamlining  of 
environmental  assessments  to  reduce  duplication  and 
avoid  overlaps  in  environmental  assessments  applicable 
to  projects.  Streamlining  helps  to  reduce  unnecessary 
administrative  burden. 
It  also  accelerates  decision-
making  provided  it  is  done  without  compromising  the 
quality  of  the  environmental  assessment  procedure270. 
introduced  the  streamlining  of 
Spain  has  already 
environmental  assessments  under  the  EIA  and  Habitats 
Directives. 

coordination,  mainly 

Spain’s  highly  decentralised  administration  creates 
coordination  challenges,  namely  in  policy  areas  such  as 
the  environment.  The  Spanish  legal  system  provides  for 
some  mechanisms  of  political  and  technical  cooperation 
and 
State 
Administration and the Autonomous Communities. This is 
the case of the Sectoral Conference on Environment and 
some  technical  and  participatory  commissions,  like  the 
National Council on Water and the Environment Advisory 
Council. 

between 

the 

Spain  has  also  created  some  coordination  technical 
committees  on  various  environmental  matters,  for 
instance:  on  climate,  waste,  environmental  quality, 
environmental  damage,  genetically  modified  organisms, 
biosafety, natural heritage and biodiversity, etc. 

However,  there  is  clear  room  to  improve  the  efficiency 
and strengthen these cooperative actions. Some progress 
has  been  made  in  recent  years,  for  instance  to  prepare 
the  Spanish  strategy  on  the  circular  economy.  The 
implementation of the RRP has also implied the  need to 
make use of these cooperation tools. 

Coordination and integration 

2022 priority actions 

As  mentioned  in  the  previous  EIRs,  the  transposition  of 
the  revised  EIA  Directive267  provides  an  opportunity  for 
countries  to  streamline  their  regulatory  framework  on 
environmental  assessments.  Spain  was  delayed  in  this 
transposition268,  but  finally  notified  the  transposing 

267 Directive 2014/52/EC of the European Parliament and of the Council 
of 16 April 2014 amending Directive 2011/92/EU on the assessment of 
the effects of certain public and private projects on the environment. 
268  The  deadline  expired  on  16  May  2017.  The  Commission  had  to 
launch an infringement procedure against Spain. 

 

Spain  should  further  address  regional  and  local 
fragmentation  by  developing  better  environmental 
coordination mechanisms. 

269 Law 9/2018 of 5 December, published in the State Official Journal of 
6 December 2018. 
270 The Commission issued a guidance document in 2016 regarding the 
setting  up  of  coordinated  and/or 
that  are 
simultaneously subject to assessments under the EIA Directive, Habitats 
Directive,  Water  Framework  Directive,  and  the  Industrial  Emissions 
Directive, OJ C 273, 27.7.2016, p. 1. 

joint  procedures 

Environmental Implementation Review 2022 – Spain 

 
 
                                                                 
                                                                 
Spain  54 

covered by the EIR. This initiative has been welcomed by 
the Member States, at national, regional and local level. 

During  the  last  years,  the  EIR-P2P  events  have  been 
logically  affected  by  the  pandemic,  although  they  have 
continued  in  other  formats.  New  activities  are  ongoing 
and  the  Commission  will  continue  supporting  this 
successful tool. 

Spain  has  been  active  with  this  tool  and  has  already 
benefited  from  the  EIR-P2P  in  the  fields  of  waste,  air 
quality,  biodiversity,  forests  and  sustainable  urban 
development. 

In  particular,  from  2019  these  EIR-P2P  events  have 
counted with the participation of Spain: 

-  Multi-country  workshop  on  sustainable  urban 
development that took place in Belgium (2019). 
-  Multi-country  Workshop  on  Ammonia  reducing 
technology  and  measures:  how  to  include  the 
the  national  emission 
reduction  effect 
inventory  and  projections.  This  event  was 
virtually organised by the Commission (2021). 
-  Multicountry  TAIEX  EIR  Flagship  Workshop: 
Towards  Zero  Pollution  for  Air,  Water  and  Soil. 
This  event  was  virtually  organised  by  the 
Commission (2022). 

in 

 

Spain  can  further  improve  its  overall  environmental 
governance, 
citizen 
engagement,  compliance  and  enforcement,  as  well 
as administrative capacity and coordination. 

transparency, 

such 

as 

Reforms through the Commission’s Technical 
Support Instrument (TSI) 

The Commission supports environmental implementation 
and  the  green  transition,  not  only  through  the  EU 
financing  programmes,  but  also  granting  technical 
assistance  such  as  the  Technical  Support  Instrument 
(TSI). 

The  TSI  supported  several  environment-related  projects 
in Spain during the reporting period. 

Under the TSI 2019, three projects were supported on: (i) 
the  strategy  for  the  coastal  protection  of  the  Balearic 
Islands  considering  the  effects  of  climate  change;  (ii) 
rethinking the role of the private  sector in the provision 
of  public  services,  with  a  view  to  enhancing  the 
sustainability of Spain’s public sector budget; and (iii) the 
development  of  the  sustainability  strategic  goal  of  the 
Spanish National Promotional Institution (ICO). 

Under  the  TSI  2021,  new  projects  with  environmental 
dimension  were  selected:  “Spending  review  on  climate 
change  policies  and  assessment  of  the  economic  impact 
of  climate  change-related  risks”,  “Support  for  the 
development  of  a  legal  framework  and  a  practical  basis 
for issuing  sustainable debt”,  and  “Technical support  for 
legal 
integral  reform  of  the  environmental  tax 
an 
framework in Andalucia”. 

In TSI 2021, it can be highlighted an important project to 
implementation  and  monitoring  of  the 
support  the 
Recovery and Resilience Facility for the green transition, 
focussed on three aspects of the RRP Spain: 1) improving 
waste  management  at  local  level;  2)  restoration  of 
coastal  wetlands;  and  3)  amendments  to  the  regulatory 
framework for energy storage and renewable energy. 

TAIEX EIR peer to peer Projects  

The Commission launched the TAIEX EIR peer to peer tool 
in  2017  to  facilitating  peer-to-peer  learning  between 
environmental  authorities271.  The  EIR-P2P  can  support 
various  types  of  peer  exchange:  expert  missions,  study 
visits  and  workshops  in  a  very  wide  range  of  sectors 

271 The TAIEX-EIR Peer-to-Peer (EIR-P2P). 

Environmental Implementation Review 2022 – Spain