European Parliament 2019-2024

Committee on Petitions

3.2.2021

NOTICE TO MEMBERS

Subject: Petition No 0886/2016 by T.M.M. (Spanish) on the declining state of the ecosystem in Mar Menor lagoon, Murcia

Petition No 1168/2016 by Isabel Rubio Perez (Spanish) on behalf of Ecologistas en accion de la Region Murciana on the preservation of the “Mar Menor”

Petition No 1059/2019 by Jose Luis Álvarez-Castellanos Rubio (Spanish), on behalf of Izquierda Unida los Verdes de la region de Murcia on the pollution and deterioration of the environmental conditions of the Mar Menor

Petition No 0756/2020 by V.A.M. (Spanish) on environmental crimes in the Mar Menor, Murcia

1. Summary of petition Petition No 0886/2016

The petitioner complains that the Mar Menor saltwater lagoon in Murcia, Spain has become increasingly polluted as a result of run-off from streams such as the one in El Albujón, through which effluent from intensive farming and the waste-water treatment plant at Los Alcázares work their way into the lagoon. He calls on the River Segura management board to improve the situation by increasing the capacity of the stream.

Summary of petition Petition No 1168/2016

The petitioner complains about the current environmental emergency in the Mar Menor in the Murcia region of Spain. The Mar Menor is an ecosystem of great ecological importance, consequently, the area of the Mar Menor is recognised by various national conservation initiatives with several areas (LIC) protected under the Natura 2000 network in addition to a wetland conservation convention known as RAMSAR. The Mar Menor is considered a wetland of major international importance for wetland bird species such as the black-winged stilt or the plover. Places of Community Importance (LIC) that affect the Mar Menor are

CM\1223940EN.docx PE602.879v05-00

EN United in diversityEN ES000175 Salinas and Arenales of San Pedro del Pinatar, ES6200006 Open Spaces and Islands of the Mar Menor, ES6200029 Submerged Coastal Strip of the Region of Murcia, ES6200030 Mar Menor, and ES6200013 Cabezo. These LICs were included in the list proposed by the regional authorities of Murcia to the European Commission in July 2000 and approved by decision of the European Commission in July 2006. The Special Protection Areas for Birds (ZEPA) applicable to the Mar Menor are ES0000175 Salinas and Arenales of San Pedro del Pinatar (declared on October 8, 1998), ES0000260 Mar Menor (declared 20 March 2001) and ES0000200 Isla Grosa (declared on 23 March 2000). ZEPAS and LICs associated with the Mar Menor do not have planning or management measures to avoid deterioration to the natural environment. This unique ecosystem is a coastal lagoon, confined, shallow, hyper saline, with abrupt changes of temperature. The area of the Mar Menor is characterised by the increased socio-economic use of the area with a convergent increase of activities that include agriculture, tourism, fishing, old mining operations. Additionally, the marked increase of recreational activities such as water sports and the construction of new golf courses have adversely changed the lagoon’s ecosystem where the effects are expected to last for decades. These environmental failures have been worsened in recent years by the uncontrolled growth of tourism, recreational sports, agriculture and, above all else, the lack of compliance with environmental conservation protocols in relation to planning and land management uses which has caused serious deterioration to the lagoon’s environment, ecosystems and protected animal species.

Summary of petition 1059/2019

The petitioner denounces the continuous deterioration of the Mar Menor lagoon, caused by the effect of the intensive agricultural development of the surroundings of the Mar Menor and Campo de Cartagena. In his views, this has intensified the levels of nitrates in the water of the lagoon exponentially, and has motivated the eutrophication process, that reached its most important and visible degree in the summer of 2016, but since 2012 nitrate concentrations reached very alarming figures. He denounces the inaction shown by the regional government and by the State government through the Segura Hydrographic Confederation, allowing the development of an uncontrolled intensive agriculture. The petitioner request to take the necessary measures to try to reverse the current situation of eutrophication of the Mar Menor and enforce the objective of achieving the good state of lagoon waters.

Summary of petition 0756/2020

The petitioner draws attention to the serious environmental situation of the Mar Menor in Murcia and condemns the worrying increase in environmental crimes. The petitioner calls on the EU institutions to react and prevent the Mar Menor from becoming a dead sea. The petitioner requests that - proceedings be initiated for failure to comply with EU law.

2. Admissibility

Petition 0886/2016 declared admissible on 22 December 2016. Petition 1168/2016 declared admissible on 14 December 2016. Information requested from Commission under Rule 216(6) (new Rule 227(6)).

Petition 1059/2019 declared admissible on 24 January 2020. Information requested from Commission under Rule 227(6).

PE602.879v05-00 2/13 CM\1223940EN.docx EN Petition 0756/2020 declared admissible on 7 December 2020. Information requested from Commission under Rule 227(6).

3. Commission reply, received on 31 March 2017

Petitions 0886/2016 and 1168/2016

The Commission is aware of the concerns raised by the petitioners on the threats and problems affecting the Mar Menor lagoon and has already engaged in a dialogue with regional authorities and local stakeholders to ensure that all efforts are made in order to improve environmental conditions of the Mar Menor, in line with EU legislation.

As regards the implementation of the Birds1 and Habitats Directives2, the latter requires Member States to designate their Sites of Community Importance (SCI) as Special Areas of Conservation (SAC) and to establish the necessary conservation measures which correspond to the ecological requirements of these sites within six years from the SCI designation at the latest. While management plans have been adopted for some Natura 2000 sites within the Mediterranean biogeographical region in Spain, no plans have been put in place yet for the sites of Community importance located around the Mar Menor and there are gaps for other sites in the country.

In February 2015, the Commission therefore launched an infringement procedure against Spain concerning the failure to designate SCAs and to establish the necessary conservation measures throughout the country. The SCIs located around the Mar Menor in the region of Murcia are covered by this infringement procedure. The Commission is assessing the information submitted by the Spanish authorities and will continue to pursue the non- compliance with these provisions under the ongoing procedure.

Moreover, the Commission has launched horizontal investigations to address the implementation of both the Nitrates Directive3 and the Water Framework Directive4 in Spain. The Commission is currently assessing the second River Basin Management Plans (RBMPs) reported by Member States and will publish its conclusions by the end of 2017 or early in 2018. On the basis of the information received by Member State pursuant to Article 10 of the Nitrates Directive, by the end of 2017, the Commission will also publish a report concerning the implementation of the Directive, including information on water monitoring, quality and trends for the period 2012-2015. In view of the conclusions drawn from those investigations, the Commission will decide on the most appropriate course of action, which may include the start of formal infringement proceedings.

Finally, as regards other Directives referred to in the petition (the EIA Directive5, SEA

1 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010). 2 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992). 3 Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991). 4 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000). 5 Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 amending Directive

CM\1223940EN.docx 3/13 PE602.879v05-00 EN Directive1, Bathing Water Directive2), the petitioners have not explained the reasons why they consider these Directives have been breached in relation to activities affecting the Mar Menor and, therefore, the Commission cannot identify a possible breach. The Commission notes that the information reported to it in 2015 by the Spanish authorities shows that all the bathing waters located in Mar Menor lagoon are compliant with the requirements of the Bathing Water Directive3.

In the Partnership Agreement of Spain on the European Structural and Investment (ESI) Funds 2014-2020, adopted by the Commission on 30 October 2014, an Integrated Territorial Investment (ITI) for the Mar Menor is planned to support place-based interventions in the Mar Menor allowing the combination of financing from different priorities and objectives of the ESI Funds. The actions under this ITI seek to contribute to the improvement of the quality of water, the reduction of pollutants in water discharges into the lagoon, the preservation of environmental heritage and protected areas in the Mar Menor, and the promotion of research and development to optimize the use of fertilisers. With this initiative, the Spanish authorities aim to address the existing environmental challenges for the Mar Menor and contribute to the sustainable development of this area of the region of Murcia. The joint contribution of different ESI Funds (ERDF, EFMF and EARDF) is expected through the relevant Operational Programmes together with national co-financing to contribute to these targets. The implementation of the ITI Mar Menor, requires the drawing up and adoption of a comprehensive Strategy of Territorial and Integrated Development with clear objectives, as well as specific governance arrangements in order to guarantee a sound implementation and monitoring, and the involvement of the different Administrations and stakeholders in the process.

Conclusion

The Commission will continue to follow up and further pursue, if necessary, the ongoing investigations addressing the implementation of both the Nitrates Directive and the Water Framework Directive in Spain, as well as the ongoing infringement procedure concerning the failure to designate Special Conservation Areas and to establish the necessary conservation measures for the Natura 2000 sites in Spain.

The Commission also trusts that the implementation of the ITI Mar Menor will contribute to properly address the existing environmental problems in this area, using EU funds more efficiently.

4. REV I Commission reply, received on 28 March 2018

As explained in its previous communication, the Commission is currently pursuing the lack of

2011/92/EU on the assessment of the effects of certain public and private projects on the environment (OJ L 124, 25.4.2014). 1 Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001). 2 Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC (OJ L 64, 04.3.2006). 3 http://www.eea.europa.eu/themes/water/interactive/bathing/state-of-bathing-waters

PE602.879v05-00 4/13 CM\1223940EN.docx EN implementation of the Habitats Directive1, as regards in particular the failure to designate Special Conservation Areas and to establish the necessary conservation measures for a number of Natura 2000 sites in Spain, including the sites located in the area of Mar Menor, in the region of Murcia. Concerning the Nitrates Directive2, the Commission investigation to address its implementation in Spain is still ongoing. The Commission will decide in due course on any further necessary steps in the framework of both the ongoing horizontal infringement procedure on the Habitats Directives and the ongoing investigation on the Nitrates Directive in order to promote compliance on these matters.

In addition, this year the Commission will also publish its report and an accompanying staff working document on the implementation of the Nitrates Directive including information on water monitoring, quality and trends in Spain.

As concerns the Water Framework Directive (WFD)3, this Directive requires Member States to take all the necessary measures to prevent deterioration of the status of water bodies and to achieve good ecological status of all surface water bodies by 2015. As a framework Directive, it covers inland surface waters, groundwater, transitional waters, and coastal waters (the Mar Menor has been designated under this latter category).

It is for Spain to select the appropriate measures for the reduction of eutrophication and the achievement of good status in the Mar Menor on the basis of local, regional and hydrological conditions. It is also the responsibility of the Spanish authorities to decide on the prioritisation of measures and to secure the necessary resources and funds to implement them.

According to the updated Segura River Basin Management Plan (RBMP), the Mar Menor is subject to several diffuse and point-source pressures (agriculture, urban, mining, industry) and hydromorphological alterations, among other. Yet, an exemption has been applied under WFD Art. 4(4) and good ecological potential and chemical status are expected to be reached in 2022-2027. A total of 98 measures (direct and indirect) are included in the RBMP's Programme of Measures, several of which are planned to be implemented prior to 2021.

The Commission is currently conducting a general assessment of all EU updated RBMPs, including the Segura one and will publish a WFD implementation report by 2018. This assessment is expected to expose as a matter of priority systemic problems in RBMPs rather than individual cases of bad application However, this assessment will determine whether methodologies to apply exemptions under the WFD have been correctly applied in Spain. On the basis of the assessment to be provided in 2018, the Commission will decide on the most appropriate way to ensure compliance with the WFD, including, if necessary, update of previous investigations or the launching of legal proceedings.

The Commission is aware that the regional authorities have put in place a range of legal, administrative and technical measures to address the environmental problems linked to the Mar Menor, including through the Integrated Territorial Investment (ITI) for the Mar Menor. A specific public web portal4 has been created to provide information about the evolution of

1 Directive 92/43/EEC 2 Directive 91/676/EEC 3 Directive 2000/60/EC 4 http://canalmarmenor.es/

CM\1223940EN.docx 5/13 PE602.879v05-00 EN the status of Mar Menor and the measures in place for this area.

In relation with the design and implementation of the above measures, a Scientific Advisory Committee1 has been established, which promotes the necessary scientific research and knowledge and provides scientific advice on the selection and implementation of actions for improving the ecological status of Mar Menor. Moreover, a Social Participatory Committee2 was created in March 2017, which engages the different relevant stakeholders in the decision processes related with the measures for the protection and improvement of Mar Menor.

The Commission also notes that, in April 2017, the regional Government adopted a Decree- Law for the adoption of urgent measures aiming at ensuring the environmental sustainability of the Mar Menor3, which set a number of compulsory measures addressing agriculture pressures and discharges in the area. This Decree-Law was validated by the regional Parliament and then discussed as a draft law. The regional Parliament has approved in February 2018 this law with some modification aiming at reinforcing the above urgent measures for ensuring the environmental sustainability of the Mar Menor.

Moreover, the structure of the regional Government was modified in May 2017 with the creation of a specific Directorate-General for the Mar Menor, within the regional Department for the Environment, to address and coordinate the different actions on this issue.

The Spanish authorities have continued working on the implementation of the ITI Mar Menor, based on the joint contribution of different EU Funds (ERDF, EFMF and EARDF) through the relevant Operational Programmes (OP) 2014-2020 together with national financing. This ITI Mar Menor requires the elaboration and adoption of a Strategy of Territorial and Integrated Development, as well as specific governance arrangements and the active involvement of the different Administrations and stakeholders.

Furthermore, it should be noted that the OP ERDF Murcia 2014-2020, managed by the regional authorities, is one of the Spanish ERDF OPs with a higher rate of environment investments (around EUR 89 million, 27% of the budget OP), a good proportion of them addressed to face the Mar Menor problems. Overall, EUR 30 million have been allocated in OP ERDF Murcia 2014-2020 to interventions aiming at reaching a good environmental status of the Mar Menor.

Therefore, the effective implementation of the EU environmental policy and in particular of the obligations pursuant to the different EU Directives applicable in this case will undoubtedly contribute to solve the complex situation that the Mar Menor is facing, for which the necessary resources should be allocated based on adequate scientific knowledge to underpin these solutions. Moreover, the collaboration of the different competent authorities and the involvement of the various stakeholders concerned is indispensable. The assistance of the EU funding can play a relevant role in this regard.

Conclusion

1 http://transparencia.carm.es/-/comite-de-asesoramiento-cientifico-del-mar-menor 2 http://transparencia.carm.es/-/comite-de-participacion-social-del-mar-menor 3 Decreto-Ley 1/2017, de 4 de abril, de medidas urgentes para garantizar la sostenibilidad ambiental en el entorno del Mar Menor. (BORM núm. 80, de 6 de abril de 2017).

PE602.879v05-00 6/13 CM\1223940EN.docx EN The Commission maintains its previous conclusions in relation to this Petition and expects the competent authorities to continue addressing the existing environmental problems in the Mar Menor, including through the implementation of the ITI Mar Menor.

5. REV II Commission reply, received on 7 June 2019

Petitions 0886/2016 and 1168/2016

The Commission’s observations

As explained in its previous communication, the regional authorities have put in place a range of legal, administrative and technical measures to address the environmental problems linked to the Mar Menor, in the region of Murcia. According to the available information, these measures are currently being implemented. It should be noted that the environmental situation of the Mar Menor has improved during the last year. However, efforts must continue to enhance and consolidate this positive path.

The Commission continues monitoring the implementation of EU environmental policy and law in Spain, including in relation to the region of Murcia and in particular to the Mar Menor.

The Commission has conducted a general assessment of the second River Basin Management Plans according to the Water Framework Directive1, including the one for the Segura river basin. The Commission published on February 2019 the corresponding implementation report2 to the European Parliament and the Council, underpinned by assessments per Member State. The assessment for Spain3 concludes that the Spanish authorities still need to ensure appropriate basic measures for the control of diffuse pollution, which should go beyond what is required under the Nitrates Directive4. The report also points out the need to increase transparency in the application of exemptions and their justification.

Nevertheless, the outcomes of the ongoing and planned measures in the Programme of Measures of the Segura River Basin Management Plan addressing existing pressures in the Mar Menor are yet to be assessed. The good ecological and chemical status of the Mar Menor Coastal Lagoon is expected to be reached in the period 2022-2027.

It has to be noted that the Commission’s investigation on the implementation of the Nitrates Directive has become an infringement procedure, launched by the Commission in November 2018 through the notification of a Letter of Formal Notice to Spain. It is a general infringement procedure covering the whole country, including the region of Murcia.

Related to the implementation of the Birds Directive5 and the Habitats Directive6, the

1 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, OJ L 327, 22.12.2000, p. 1–73. 2 http://ec.europa.eu/environment/water/water-framework/impl_reports.htm 3https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=SWD:2019:42:FIN&qid=1551205988853&from=EN 4 Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources, OJ L 375, 31.12.1991, p. 1–8.

CM\1223940EN.docx 7/13 PE602.879v05-00 EN infringement procedure against Spain concerning the failure to designate Sites of Community Interest (SCIs) as Special Areas of Conservation (SACs) and to establish the necessary conservation measures throughout the country is also ongoing. The last update received from the region of Murcia in February 2019 reports that the SCIs located around the Mar Menor are in the final phase of the SAC designation and management plan adoption.

From the financial point of view, the Spanish authorities have also continued working on the implementation of the Integrated Territorial Investment (ITI) Mar Menor, based on the joint contribution of different EU Funds (the European Regional Development Fund (ERDF), the Fund for Maritime Actions (EMFF), and the Agriculture and Rural Development Fund (EARDF) through the relevant Operational Programmes 2014-2020 (around EUR 78 million in total) together with national financing. The ITI Mar Menor requires the elaboration and adoption of a Strategy of Territorial and Integrated Development, as well as specific governance arrangements and the active involvement of the relevant administrations and stakeholders.

Furthermore, EUR 30 million have been allocated in the operational programme ERDF Murcia 2014-2020 to interventions aiming to reach good environmental status of the Mar Menor, through the above-mentioned ITI. The implementation of the operational programme ERDF Murcia is currently ongoing. The projects in the field of research, development and innovation take into account the criteria established by a director research plan supported by the Scientific Advisory Committee for the Mar Menor created in 2016. This Committee meets regularly and has produced valuable outputs on the problems of the Mar Menor as well as the possible solutions to address them.

The effective implementation of the obligations pursuant to the EU directives applicable in this case will contribute to solve the complex situation that the Mar Menor is facing provided that the necessary resources, including EU funding, will continue to be allocated to support science-based measures. Moreover, the good cooperation of the different authorities, at national, regional and local level, as well as the involvement of the various stakeholders concerned will be necessary.

Conclusion

The Commission maintains its previous conclusions in relation to this petition and expects the competent authorities to continue to address the existing environmental problems in the Mar Menor, including through the implementation of the ITI Mar Menor.

6. REV III Commission reply, received on 11 May 2020

Petitions 0886/2016, 1168/2016 and 1059/2019

In September 2019, the Spanish Mediterranean coast suffered the effects of an exceptionally

5 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, OJ L 20, 26.1.2010, p. 7–25. 6 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992, p. 7–50.

PE602.879v05-00 8/13 CM\1223940EN.docx EN strong episode of cold drop, an atmospheric precipitation phenomenon scientifically known as isolated depression in high levels. As a result of flooding, around 100,000 tons of sediment were dragged into the Mar Menor lagoon producing a process of anoxia in the lagoon which caused tons of dead fish and crustaceans being washed up on its shore.

In October 2019, the regional authorities designated the following Sites of Community Importance (SCIs) as Special Areas of Conservation (SACs) under the Habitats Directive1: Salinas y Arenales de San Pedro del Pinatar (ES0000175), Espacios Abiertos e Islas del Mar Menor (ES6200006), Islas e Islotes del Litoral Mediterráneo (ES6200007), Cabezo Gordo (ES6200013), Franja Litoral Sumergida de la Región de Murcia (ES6200029) and Mar Menor (ES6200030), and adopted a management plan2 for them. The main objective of this management plan is improving the conservation status of the habitat types and the habitats of key species present in the sites. These and other management plans established for other SACs in Spain are subject to an infringement procedure.

The regional authorities met the Commission services in Brussels on 8 October 2019 to communicate the creation of an expert panel to implement soft infrastructures and innovative long lasting solutions to improve the situation.

On 21 and 22 November 2019, the Commission held a bilateral meeting with the Spanish national and regional authorities in Madrid in the framework of Action 5 of the Action Plan for Nature, People and the Economy3. The situation of the Mar Menor Lagoon and the relevant conservation measures were discussed. National and regional authorities committed to sending more information to the Commission, including an envisaged roadmap for the implementation of the identified measures. This information has not been received yet.

As regards the Nitrates Directive4, the Commission launched on 8 November 2018 an infringement procedure against Spain for insufficient protection of waters against pollution by nitrates from agricultural sources, which includes the Region of Murcia. The Commission considers that Spain has not properly monitored its waters and that it must designate additional nitrates vulnerable zones where the measures prescribed by the Directive would be applicable and should adopt additional or reinforced measures.

It should be noted that the Spanish authorities have recently adopted other specific measures to face the situation of the Mar Menor. The regional authorities have approved on 23 December 2019 an Order5 with new designations of Vulnerable Zones affected by nitrates

1 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992, p. 7–50. 2 Decree 259/2019 of 10 October 2019, published in the regional Official Journal of 19.10.2019: https://www.borm.es/#/home/anuncio/19-10-2019/6450 3 SWD(2017) 139 final, http://ec.europa.eu/environment/nature/legislation/fitness_check/action_plan/factsheets_en.pdf 4 Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources, OJ L 375, 31.12.1991, p. 1–8. 5Published in the regional Official Journal of 27.12.2019: https://www.borm.es/services/anuncio/ano/2019/numero/8097/pdf?id=782214

CM\1223940EN.docx 9/13 PE602.879v05-00 EN pollution, and have now to develop the subsequent and appropriate measures. Furthermore, the regional government has approved the Decree-Law 2/2019 of 26 December 2019, of Integral Protection of the Mar Menor1. This Decree-Law was then validated by the regional Parliament and it is therefore in force. However, it also decided to debate it as draft-law during the coming months in order to make some possible amendments. The national government, following the assessment of the situation2, have adopted the “Plan discharge zero for the Mar Menor”, including a range of urgent and structural measures. It was presented by the Ministry for the Ecological Transition in October 20193. It is now crucial to comply with the roadmap and implement the different measures foreseen.

From the financial point of view, the Spanish authorities continue implementing the Integrated Territorial Investment (ITI) Mar Menor, based on the joint contribution of different EU Funds (the Regional Development Fund (ERDF), the European Maritime and Fisheries Fund (EMFF), and the European Agricultural Fund for Rural Development (EARDF)), through the relevant Operational Programmes 2014-2020 (around EUR 71 million in total) together with national financing. The ITI Mar Menor is based on the “Strategy of Integrated Coastal Zone Management of the Socio-Economic System of the Mar Menor and its surroundings”. The financial contribution supports a range of activities in order to meet the challenges of the integrated management for the maritime area and the economic activities that take place in its surroundings. All these activities require the active involvement of the relevant national and regional administrations and stakeholders.

It should be pointed out that, in accordance with Regulation (EU) No 1303/20134 governing the European Structural and Investment Funds (ESI Funds), the assistance under ITI is provided according to shared management between the Commission and the Member States. This means that projects co-financed by the ESI Funds, including those for the ITIs, are selected by and implemented under the responsibility of the Member State.

Conclusion

As stated in previous communications, the Commission considers that the effective implementation of the obligations pursuant to the EU Directives applicable in this case will contribute to solve the complex situation that the Mar Menor is facing provided that the necessary resources, including EU funding, will continue to be allocated to support science- based measures. Moreover, the good cooperation of the different authorities, at national,

1Published in the regional Official Journal of 27 December 2019: https://www.borm.es/services/anuncio/ano/2019/numero/8089/pdf?id=782206 2 The Environmental Impact Assessment (EIA) Statement has been published in the State Official Journal of 26.09.2019: https://boe.es/boe/dias/2019/09/26/pdfs/BOE-A-2019-13692.pdf 3MITECO, Roadmap for the recovery of the Mar Menor: https://www.miteco.gob.es/es/prensa/hojaderutamarmenor_tcm30-503261.pdf 4 Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006, OJ L 347, 20.12.2013, p. 320–469.

PE602.879v05-00 10/13 CM\1223940EN.docx EN regional and local level, as well as the involvement of the various stakeholders concerned is essential.

The Commission shall continue to take any appropriate steps in the context of the infringement procedures opened against Spain under the Habitats and the Nitrates Directives.

7. REV IV Commission reply, received on 3 February 2021

Petitions 0886/2016, 1168/2016, 1059/2019 and 0756/2020

Since its last communication, the Commission has taken the following steps in relation to the Mar Menor lagoon.

Regarding nature conservation, on 2 July 2020 the Commission sent a complementary letter of formal notice concerning Spain’s failure to fulfil its obligations under Articles 4(4) and 6 of the Habitats Directive1. The Commission is urging Spain to complete the designation as Special Area of Conservation (SAC) of all Sites of Community Importance (SCI), and to complete the adoption of site-specific detailed conservation objectives and measures for all SACs. The time limit for completing these steps in Spain has long expired.

In addition, the Commission is of the view that there has been a general and persistent practice of failing to set sufficiently detailed and quantified conservation objectives as well as the necessary conservation measures. The region of Murcia is included in this infringement procedure.

The Commission has received the reply to the complementary letter of formal notice from Spain and is currently assessing it. On this basis, the Commission shall take any appropriate step to ensure full compliance with the Habitats Directive in Spain.

As a follow-up to the bilateral nature dialogue held in Spain in October 2019, Spain has provided to the Commission several documents presenting the actions implemented or planned by the central and regional authorities as regards the protection of Mar Menor. These actions have a two-fold objective: stopping the deterioration of Mar Menor and contributing to the recovery of its natural dynamics. Some of these actions are envisaged in the zero discharge plan approved by the Ministry for the Ecological Transition2 and in the 2019 regional Decree-law3 on the integral protection of Mar Menor.

1 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992, p. 7–50. 2https://www.miteco.gob.es/es/agua/temas/concesiones-y-autorizaciones/Mar-Menor-Campo- de-Cartagena-Vertido-Cero.aspx 3 https://www.boe.es/buscar/doc.php?id=BORM-s-2019-90599

CM\1223940EN.docx 11/13 PE602.879v05-00 EN The Commission also notes that, following the above-mentioned Decree-law, the region of Murcia has now adopted the Law 3/2020, of 27 July, on the recovery and protection of Mar Menor1. This legislation includes the measures to protect, recover, develop and re-evaluate the biological, environmental, economic, social and cultural wealth of Mar Menor, as well as ensuring consistency of the different public policies under the competence of the region of Murcia affecting the Mar Menor.

Under the Nitrates Directive2, the Commission opened an infringement procedure against Spain in November 2018 for insufficient protection of waters against pollution by nitrates from agricultural sources. In the context of this procedure, which concerns, among other regions, Murcia, the Commission addressed in July 2020 a Reasoned Opinion to Spain3. The Commission considered that, despite some progress, Spain must still ensure the stability of the nitrate monitoring network, review and further designate nitrate vulnerable zones (NVZs) in several regions, include all the necessary mandatory elements in the nitrate action programmes in a number of regions, and take additional measures or reinforced actions to achieve the objectives of the Directive in several regions. Finally, Spain also needs to take additional measures as regards eutrophication for the whole country, since the measures established to date have failed to achieve the objectives of the Directive. The Commission has received Spain’s reply to its Reasoned Opinion, and is currently analysing it. On this basis, the Commission shall take any appropriate measure to ensure full compliance with the Nitrates Directive in Spain.

Regarding the Water Framework Directive4, the Commission is following up on several of its recommendations included in its assessment of the second Spanish River Basin Management Plans, including the use of time extensions to achieve environmental objectives and water abstractions permitting systems. The Commission is aware of increasing integrated efforts5 from the Spanish authorities to tackle illegal water abstractions and polluting spills from surrounding agricultural areas, and encourages the full implementation of technical measures in the third planning cycle necessary to achieve the good status of the Mar Menor water body.

Finally, as explained in previous communications, the EU has made available financial resources for the conservation and restoration of the Mar Menor, in particular, through the Integrated Territorial Investment (ITI) Mar Menor, which is based on the joint contribution of different European Structural and Investment Funds (European Regional Development Fund (ERDF), the European Maritime and Fisheries Fund (EMFF) and the European Agricultural Fund for Rural Development (EARDF)), in the period 2014-2020. The Spanish authorities continue selecting and implementing projects and actions in the framework of the ITI Mar Menor.

1 https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-9793 2 Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources, OJ L 375, 31.12.1991, p. 1–8. 3 Press Release on https://ec.europa.eu/commission/presscorner/detail/en/inf_20_1212 4 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, OJ L 327, 22.12.2000, p. 1–73. 5https://www.lamoncloa.gob.es/serviciosdeprensa/notasprensa/transicion- ecologica/Paginas/2020/061120-marmenor.aspx

PE602.879v05-00 12/13 CM\1223940EN.docx EN Conclusion

As stated in previous communications, the Commission considers that the effective implementation of the obligations pursuant to the EU Directives applicable in this case will contribute to solve the complex situation that the Mar Menor is facing provided that the necessary resources, including EU funding, will continue to be allocated to support science- based measures. Moreover, the good cooperation of the different authorities, at national, regional and local level, as well as the involvement of the various stakeholders concerned is essential.

The Commission shall continue to take any appropriate steps in the context of the infringement procedures opened against Spain under the Habitats and the Nitrates Directives, and will continue following up on the recommendations provided in the context of the Water Framework Directive.

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