The European Commission plans to bring Spain before the Court of Justice of the European Union for not completing a review of catchment hydrological and flood risk management plans, in line with water and flood directives and with specific attention to the Canary Islands, including Lanzarote, Fuerteventura, and La Palma. The case also notes that at least 195 illegal landfills have remained unclosed, sealed, or restored since 2008, posing serious environmental harm and health risks to residents.
In addition, Bulgaria, Ireland, Malta, Portugal, and Slovakia were referred to the CJEU for the same lapse: failing to finish the review of their river basin management plans or flood risk management plans as required by the water and flood directives.
Brussels reminded member states that these management plans must be updated and communicated every six years. The basin-wide programs of measures are essential to ensure the good condition and potential of all water bodies.
Likewise, member states must refresh and share flood risk management plans every six years. Brussels views this as essential to reduce and manage flood risks, protecting human health, the environment, cultural heritage, and economic activity.
European Green Deal
The Water Framework Directive aims to safeguard the qualitative and quantitative health of European water bodies, including rivers and lakes, while reducing pollution and ensuring adequate water supply for people and wildlife. The European Commission highlighted this as a key pillar of the Green Deal.
In this context, the directive represents a crucial element of the European Green Deal, supporting climate action, nature protection, and pollution reduction goals.
The importance of complying with the flood directive was underscored as part of preparedness and ongoing management efforts.
By February 2023, the Commission issued formal notification letters to the concerned countries, followed in September by reasoned opinions against those who did not update or review these plans.
“Despite some progress, six countries continue to fail to meet their obligations under one or both directives,” the Commission noted, adding that Spain, Malta, and Portugal had not yet fully notified their third river basin management plans and secondary flood risk management plans.
The Community Executive determined that authorities’ efforts to date were insufficient, and as a result, Bulgaria, Ireland, Spain, Malta, Portugal, and Slovakia were referred to the European Court of Justice for action. This reflects a move toward stronger enforcement within the unity of EU waste and water regulation.
Illegal landfills
The Community Executive Board also reported that Spain has an open case since 2015 for violating the waste directive, which requires member states to take all necessary measures to prevent harm to people and the environment. The agency noted a path forward to address these concerns.
The regulations mandate that member states ensure the safe disposal of waste and that early producers either treat the waste themselves or ensure appropriate treatment.
The Commission stated that Spain did not meet these waste framework directive requirements. The existence of at least 195 illegal landfills, which have not yet been closed, sealed, and restored since 2008, causes serious environmental damage and endangers human health, according to Brussels officials.
Brussels also indicated that Spain failed to comply with its control, inspection, and enforcement obligations regarding waste dumping.
The infringement procedure dates back to December 2015, with an ultimatum issued in November 2018. Authorities’ efforts have been described as insufficient, though some progress has been reported since then.
The case now lies before the Luxembourg-based court, which will determine whether Spain has fulfilled the obligations imposed by the directive. If the court agrees with Brussels and Spain does not take corrective action, the Commission may seek a fine from the CJEU.