The European Commission has begun an infringement procedure against Spain over the current Spanish Coastal Law, arguing that several provisions violate EU rules and fail to ensure transparent protection of the coastline. Among the concerns are allowances for extending public-domain concessions for up to 75 years for activities such as dining establishments, paper mills, and chemical facilities, with criteria and procedures that regulators say lack clarity and openness.
The Commission indicated this week that the initiation of the infringement process stems from insufficient transparency in how offshore coastal concessions are awarded. It contends that extending existing sites without proper justification runs counter to EU regulations, highlighting the period of up to 75 years granted to various enterprises as a core issue.
According to the Community Executive, the Commission has decided to proceed with an infringement case against Spain, citing the absence of a transparent and impartial selection process for granting coastal concessions. This stance underscores a broader expectation that public spaces along the coast be allocated through clear, competitive procedures that protect environmental and public interests.
Officials from EU services added in a statement that the possibility of extending such concessions for up to 75 years without justification is inconsistent with EU rules, reinforcing the stance that public coastal land must be governed by fair and transparent procedures.
Within the context of the matter, discussions about the occupation of coastal public property and related activities have been highlighted as a focal point of scrutiny, with an emphasis on environmental responsibility and proper governance. The accompanying materials note references to coastal public property usage and related environmental considerations.
Such concerns prompt a two-month window for resolution
The EU has also expressed dissatisfaction with the Spanish framework that permits extensions of concessions without a formal electoral or competitive process, concluding that the approach may contravene service policies. A formal communication from EU services to Spanish authorities marks the first procedural step and grants Spain a two-month period to address the issues raised.
If the two-month window ends without an agreed path forward, the procedure advances to a second phase — a reasoned opinion — which allows more time for dialogue to resolve questions before the European Commission decides whether to escalate the matter to the Court of Justice of the European Union (CJEU).
Further steps will depend on the outcomes of ongoing discussions and the quality of the responses provided by Spain, with the aim of ensuring that coastal concessions align with EU standards for transparency, competition, and environmental protection.
The ongoing case underscores the importance of robust governance for coastal resources, including clear criteria for concessions, transparent bidding processes, and proportionate durations that reflect public interest and environmental safeguards.
Notes and references related to the case are provided for context and attribution to the European Commission, the European Union’s executive arm responsible for proposing and enforcing EU law in matters affecting coastal zones and public property usage.