COMMISSION STAFF WORKING DOCUMENT The EU Environmental Implementation Review 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 The EU Environmental Implementation Review: Common Challenges and how to combine efforts to deliver better results
Inhoudsopgave van deze pagina:
Council of the European Union
Brussels, 6 February 2017 (OR. en)
5967/17 ADD 11
ENV 103 ECOFIN 70 SOC 68 COMPET 74 POLGEN 9 CONSOM 37
COVER NOTE
From: Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director
date of receipt: 6 February 2017
To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union
No. Cion doc.: SWD(2017) 42 final
Subject: COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review
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
The EU Environmental Implementation Review: Common Challenges and
how to combine efforts to deliver better results
Delegations will find attached document SWD(2017) 42 final.
Encl.: SWD(2017) 42 final
EUROPEAN COMMISSION
Brussels, 3.2.2017 SWD(2017) 42 final
COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review
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
The EU Environmental Implementation Review: Common Challenges and how to
combine efforts to deliver better results
{COM(2017) 63 final i} {SWD(2017) 33 - 41 final} {SWD(2017) 43 - 60 final}
Spain 2
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 ).
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Photographs: p.9 – ©LIFE08 ENV/E/000135, p.12 – ©Juergen Sack/iStock, p.15 – ©LIFE07
NAT/E/000732//OCEANA/Juan Cuetos/, p.22 – ©Scott Hortop/iStock, p.28 – ©1amgreen/iStock
For reproduction or use of these photos, permission must be sought directly from the copyright holder.
©European Union, 2017
Reproduction is authorised provided the source is acknowledged.
Table of Content
EXECUTIVE SUMMARY .................................................................................................................................... 4
PART I: THEMATIC AREAS ............................................................................................................................... 6
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1.TURNING THE EU INTO A CIRCULAR, RESOURCE-EFFICIENT, GREEN AND COMPETITIVE LOW-
CARBON ECONOMY ............................................................................................................................... 6
Developing a circular economy and improving resource efficiency ..................................................... 6
Waste management .............................................................................................................................. 8
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2.PROTECTING, CONSERVING AND ENHANCING NATURAL CAPITAL ..................................................... 10
Nature and Biodiversity ....................................................................................................................... 10
Green Infrastructure ........................................................................................................................... 13
Soil protection ..................................................................................................................................... 14
Marine protection ............................................................................................................................... 15
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3.ENSURING CITIZENS' HEALTH AND QUALITY OF LIFE .......................................................................... 17
Air quality ............................................................................................................................................ 17
Noise ................................................................................................................................................. 18
Water quality and management ......................................................................................................... 18
Enhancing the sustainability of cities .................................................................................................. 21
International agreements ................................................................................................................... 22
PART II: ENABLING FRAMEWORK: IMPLEMENTATION TOOLS ..................................................................... 23
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4.MARKET BASED INSTRUMENTS AND INVESTMENT ............................................................................ 23
Green taxation and environmentally harmful subsidies ..................................................................... 23
Green Public Procurement .................................................................................................................. 24
Investments: the contribution of EU funds ......................................................................................... 25
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5.EFFECTIVE GOVERNANCE AND KNOWLEDGE ...................................................................................... 28
Effective governance within central, regional and local government ................................................. 28
Compliance assurance ......................................................................................................................... 30
Access to Information, knowledge and evidence ............................................................................... 32
Spain 4 Spain 5
Executive summary
About the Environmental Implementation Review During the last decades, the implementation of the EU
In May 2016, the Commission launched the environmental law and policy has contributed to Environmental Implementation Review (EIR), a two-year preserve and to improve the environment in Spain, cycle of analysis, dialogue and collaboration to improve thanks also to the significant assistance from EU funding. the implementation of existing EU environmental policy Nevertheless, overall environmental implementation and and legislation 1 . As a first step, the Commission drafted enforcement represent a challenge for this Member 28 reports describing the main challenges and State. Spain is an outstanding reference within the EU in opportunities on environmental implementation for each terms of natural capital, which provides opportunities Member State. These reports are meant to stimulate a but implies a special responsibility too. Spain faces positive debate both on shared environmental challenges considerable challenges in the areas of water and waste for the EU, as well as on the most effective ways to management and air quality. The coordination and address the key implementation gaps. The reports rely on cooperation among the different competent public the detailed sectoral implementation reports collected or administrations could be strengthened and sustainable issued by the Commission under specific environmental development could be further mainstreamed into other legislation as well as the 2015 State of the Environment policy areas. The green growth might also rank higher on Report and other reports by the European Environment the political agenda.
Agency. These reports will not replace the specific
instruments to ensure compliance with the EU legal Main Challenges
obligations. The three main challenges with regard to
The reports will broadly follow the outline of the 7th implementation of EU environmental policy and law in
Environmental Action Programme 2 and refer to the 2030 Spain are:
Agenda for Sustainable development and related
Sustainable Development Goals (SDGs) 3 to the extent to Improving water management, including complete which they reflect the existing obligations and policy the urban wastewater treatment.
objectives of EU environmental law 4 . Improving waste management and developing the potential of the circular economy.
The main challenges have been selected by taking into Increasing environmental taxation, as well as account factors such as the importance or the gravity of reducing environmentally harmful subsidies. the environmental implementation issue in the light of the impact on the quality of life of the citizens, the
distance to target, and financial implications. Main Opportunities
The reports accompany the Communication "The EU Spain could perform better on topics where there is Environmental Implementation Review 2016: Common already a good knowledge base and good practices. This challenges and how to combine efforts to deliver better applies in particular to:
results", which identifies challenges that are common to Use the potential of its very valuable natural capital. several Member States, provides preliminary conclusions Strengthen eco-innovation and resource efficiency. on possible root causes of implementation gaps and Spread good practices used in areas suffering of
proposes joint actions to deliver better results. It also water scarcity and promote further wastewater groups in its Annex the actions proposed in each country reuse. report to improve implementation at national level.
Points of Excellence
General profile Where Spain leads in environmental implementation, it
could share its innovative approaches more widely
1 Communication "Delivering the benefits of EU environmental policies among other countries. Good examples are:
through a regular Environmental Implementation Review"
( COM/2016/ 316 final ). The experience and performance of Spain preparing
2 Decision No. 1386/2013/EU of 20 November 2013 on a General Union and managing projects co-financed by the LIFE Environmental Action Programme to 2020 " Living well, within the Programme.
3 United Nations, 2015. The Sustainable Development Goals The Spanish Network of Environmental Authorities,
4 This EIR report does not cover climate change, chemicals and energy. created in 1997, as a technical forum to foster
Spain 5
environmental integration into the EU Cohesion Policy.
The sustainable urban model established in cities like
Vitoria-Gasteiz, European Green Capital in 2012. The significant use of EMAS and Ecolabel licences. The portal of the Ministry for the Environment on
the Environmental Impact Assessment (EIA) and Strategic Environmental Assessment (SEA) for projects and plans authorized by the central administration.
Spain 6
Part I: Thematic Areas
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1.Turning the EU into a circular, resource-efficient, green and
competitive low-carbon economy
Developing a circular economy and improving having the 5 th best resource productivity indicator in the
resource efficiency EU. Spain's resource efficiency has significantly increased since 2007. However, there is still room for
The 2015 Circular Economy Package emphasizes the need improvement.
to move towards a lifecycle-driven ‘circular’ economy,
with a cascading use of resources and residual waste that Figure 1: Resource productivity 2003-15
8
is close to zero. This can be facilitated by the development of, and access to, innovative financial instruments and funding for eco-innovation.
SDG 8 invites countries to promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all. SDG 9 highlights the need to build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation. SDG 12 encourages countries to achieve the sustainable management and efficient use of natural resources by 2030.
Measures towards a circular economy
Boosting employment and greening the economy go Transforming our economies from linear to circular offers hand in hand. The shift to a green and resource efficient an opportunity to reinvent them and make them more economy is an opportunity to support sustainable and sustainable and competitive. This will stimulate high quality employment. In addition, shifting taxation investments and bring both short and long-term benefits away from the labour towards environment taxation,
for the economy, environment and citizens alike 5 . green procurement and green entrepreneurship are
equally important areas to support green job creation 9 .
Public policy support for circular economy in Spain is a
mix of policies and measures addressing technologies A number of studies have shown at European level the and resources for pollution control and energy efficiency. positive link between environmental performance and The circular economy and eco-innovation are generally job creation
10 . Spain has the potential to explore it by
embedded in national and regional policies targeting designing and implementing labour market, education resource efficiency, environmental innovations, clean and training measures supporting the green economy. technologies, and sustainable development. However, as The number of green jobs in new sources of employment yet there is no specific and comprehensive national could multiply with a shift towards a sustainable strategy on circular economy. economy model.
Pressure on material resources is one of the long-term Some interesting reports show the features and the state trends affecting job creation and growth in the EU. of play of Green Jobs in Spain
11 .
Figure 1 shows that in terms of resource productivity 6 In a Member State like Spain where unemployment is
(how efficiently the economy uses material resources to produce wealth), Spain is performing better than average 8 Eurostat, Resource productivity , accessed October 2016
in the EU, with 2.77 EUR/kg (EU average is 2) in 2015 7 ; 9 COM(2014) 446 final i: Communication Green Employment Initiative:
Tapping into the job creation potential of the green economy. 10 http://ec.europa.eu/environment/enveco/studies.htm
5 European Commission, 2015. Proposed Circular Economy Package 11 "Green jobs in a sustainable economy" (OSE & Biodiversity
6 Resource productivity is defined as the ratio between gross domestic Foundation, 2010); "Green Jobs for a sustainable development. A case
product (GDP) and domestic material consumption (DMC). study of Spain", (Sustainlabour/ILO & Biodiversity Foundation, 2012);
7 Eurostat, Resource productivity, accessed July 2016. and " Green Jobs: concept and trends " (MAGRAMA, 2013).
Spain 7
one of the most serious problems, greening the economy Eco-innovation brings financial benefits through the can boost job creation in areas directly connected to the improved resource productivity and reduced costs of environment such as nature conservation, waste, water material and energy. Spain remains an eco-innovation and air quality, often referred to as eco-industries, but it follower. However, the economic crisis has posed can benefit other sectors as well. additional eco-innovation needs and challenges in Spain.
The creation of green jobs has received political attention Figure 2: Eco-Innovation Index 2015 (EU=100) 16
in light of the economic crisis hitting Spain harshly in the last years, reflecting a positive trend during the recession in comparison with other sectors. Employment in the environmental sector is slightly above the EU average and waste management and renewable energy are the main generators of employment in Spain. However, these activities have not exhausted their growth potential, as well as others sectors like wastewater treatment, environmental R&D+I, ecological farming and stock breeding, forestry management and biodiversity protection.
SMEs and resource efficiency
Investments in innovative, cost-saving measures by SMEs to reduce resource and energy use have the potential to result in high cost savings. Thus, according to a study, for only four SME sectors (food & beverages; energy, power
-
&utilities; environmental technologies; construction) the savings that would strengthen their competitiveness
could already amount to EUR 3.7 billion in Spain 12 .
The EU Roadmap on Resource Efficiency outlines how we can transform Europe's economy into a sustainable one
by 2050 13 .
The performance of Spanish SMEs is above EU average on several indicators on resource efficiency and green
markets 14 . Boosting resource efficiency in the business Spain is ranked number 9 in the Eco-IS 2015 as shown in environment helps increasing Spanish competitiveness. Figure 2. As it was in the case in all previous editions of
Another recent study offers a detailed analysis of the the Scoreboard, the country has above-average overall level of application of business support measures to performance (score of 106). The leading Spanish ecoimprove resource efficiency applied in the EU Member innovation areas have not changed substantially: waste States 15 . This study shows that in Spain the most management, eco-design, energy efficiency, sustainable widespread instruments for the promotion of resource construction and water efficiency. In any case, large efficiency principles are being driven by initiatives and potential rests in the eco-innovations sectors.
regulations at the national level. Only four of the ten However, despite keeping its performance high, Spain support measures analysed are widely used in Spain: lost three positions and four score-points in comparison voluntary agreements, development of non-legal to its rank in the Eco-IS 2013. Apart from the financial standards, measures supporting EPR, and building crisis that led to heavy cuts in public funds affecting ecoresource efficiency related skills. innovation and innovation in general, research and
innovation policy in Spain face overall several
Eco-innovation challenges 17 .
The strong level of decentralisation and high margin of
12 RPA, 2015. Assessing the Potential Cost Savings and Resource Savings
of Investments in 4 SME sectors , study for the European Commission. manoeuver of the Autonomous Communities in Spain is a
13 Communication COM(2011) 571 i. The Resource Efficiency Roadmap is major influencer on the country's performance. A
part of the Resource Efficiency Flagship of the Europe 2020 Strategy. decentralised management of eco-innovation policies has
14 European Commission, 2015. Flash 426 Eurobarometer "SMEs, resource efficiency and green markets
15 Ecologic Institute, IEEP, BIO by Deloitte, 2015. A framework for 16 Eco-innovation Observatory : Eco-Innovation scoreboard 2015.
Member States to support business in improving its resource 17 See Country Specific Recommendations for Spain in the framework of efficiency . Study for the European Commission. the European Semester 2016.
Spain 8
the advantage of offering greater flexibility and The progress towards reaching recycling targets and the
adaptability to local needs. However, so far a great level adoption of adequate WMP/WPP 18 should be the key
of heterogeneity, both legislative and organizational, has items to measure the performance of Member States. been observed in the regional strategies in support of This section focuses on management of municipal waste eco-innovation and circular economy with regards to for which EU law sets mandatory recycling targets. objectives, instruments and environmental standards.
This generates uneven administrative and environmental There has been a reduction in terms of municipal waste
19
regimes and burden across regions, leading to market generation in the last years and now the average amount
distortions. in Spain (435 kg/y/inhabitant) is below the EU average (475 kg/y/inhabitant).
As a positive point, it can be highlighted that Spain has
942 EMAS registered organisations, which is a very high Figure 3 depicts the municipal waste by treatment in number with respect to the total of 4034 organisations Spain in terms of kg per capita, which shows a slightly that hold a registration. Spain is the second European increase in composting and slightly increase in country gathering the most EMAS registered incineration and a decrease in recycling and landfilling. organisations (after Germany). According to 2014 data, 55% of municipal waste in Spain
Concerning the EU Ecolabel, Spain has 197 licenses, is landfilled (much greater than the EU average of 28%).
which is quite a big number with respect to the 1875
total number of licenses. It is the fourth biggest gatherers Figure 3: Municipal waste by treatment in Spain 2007- of EU Ecolabel licenses. 14
20
Suggested action
• Further develop circular economy and eco-innovation policies, by better cooperation between all level of governances, as well as with the private sector.
• Integrate circular economy and resource efficiency principles in the SMEs policies, e.g. incentive energy and water savings, emphasise the use of eco-design, and by investing further in education and training.
• Facilitate green investments and ease the access to funding.
Waste management
Turning waste into a resource requires:
− Full implementation of Union waste legislation, which includes the waste hierarchy; the need to
ensure separate collection of waste; the landfill The opportunities of prevention and recycling are not
diversion targets etc. fully tapped into. Figure 4 shows that although Spain has
− Reducing per capita waste generation and waste increased its recycling rate since 2011, it must strongly
generation in absolute terms. invest in recycling and divert from landfilling in the next
− Limiting energy recovery to non-recyclable materials coming years in order to reach the 2020 recycling target.
and phasing out landfilling of recyclable or
recoverable waste. At the current pace (16% recycled and 17% composted),
SDG 12 invites countries to substantially reduce waste Spain needs to make significant further efforts to reach
generation through prevention, reduction, recycling and the EU recycling target of 50% of municipal waste by
reuse by 2030. 2020.
21 This can only be achieved by the systematic and
18 Waste Management Plans/Waste Prevention Programmes
The EU's approach to waste management is based on the 19 Municipal waste consists of waste collected by or on behalf of
"waste hierarchy" which sets out an order of priority municipal authorities, or directly by the private sector (business or
when shaping waste policy and managing waste at the private non-profit institutions) not on behalf of municipalities. 20 Eurostat, Municipal waste and treatment, by type of treatment
operational level: prevention, (preparing for) reuse, method, accessed October 2016
recycling, recovery and, as the least preferred option, 21 Member States may choose a different method than the one used by disposal (which includes landfilling and incineration ESTAT (and referred to in this report) to calculate their recycling rates
without energy recovery). and track compliance with the 2020 target of 50% recycling of municipal waste.
Spain 9
concentrated effort of all stakeholders involved in urban the Waste Framework Directive. However, some regional waste management at national, regional and local level. waste management plans have still to be updated.
Figure 4: Recycling rate of municipal waste 2007-14 22 The National Framework Plan for Waste Management 2016-2022 (PEMAR) 24 , approved in November 2015, sets
up the strategic guidelines for waste management in the next six years and the measures necessary to meet EU targets. The final objective is to substitute linear models of production by circular models that reintegrate waste materials into the production line.
The PEMAR applies the waste hierarchy that underlies EU waste legislation. The Plan introduces an obligation of result on the Autonomous Communities, imposing on regions to align and review their regional strategies so as to achieve the specific objectives of the national Plan.
Full implementation of EU waste legislation could create more than 54,200 jobs in Spain and increase annual turnover of the waste sector by over EUR 5690 million. Moving towards the targets of the Roadmap on resource efficiency could create over 69,500 additional jobs and
In addition, illegal or subs-standard landfilling is still an increase the annual turnover of the waste sector by over
important problem in Spain, and is closely followed by EUR 7,300 million 25 .
the Commission. To help bridge the implementation gap Therefore, Spain has to intensify its efforts to improve in Spain, the Commission has delivered a roadmap for the performance on its waste management system and
compliance 23 . to meet the targets, especially to reduce landfilling and
increase recycling.
Suggested action
• Introduce a national landfill tax or harmonise the regional taxes to phase-out landfilling of recyclable and recoverable waste. Use the revenues to support the separate collection and alternative infrastructure but avoid building excessive infrastructure for the treatment of residual waste.
• Focus on improving the effectiveness of the separate collection to increase recycling rates (including specific plans for bio-waste management).
• Extend and improve the cost-effectiveness, monitoring and transparency of existing EPR schemes and eliminate free-riding.
The underlying causes for the current distance to EU • Intensify co-operation between the regions to use waste targets are: lack of incentives to manage waste waste treatment capacity more efficiently and to according to the waste hierarchy; insufficient (door-toachieve the national recycling targets. door) separate collection of waste; lack of co-ordination • Complete missing regional Waste Management Plans in between the different administrative levels; insufficient order to cover the whole territory.
extended producer responsibility (EPR) systems; insufficient management of bio-waste.
Spain has adopted a national Waste Prevention
Programme 2014-2020 in 2013 as well as a new national
Waste Management Plan 2016-2022 in 2015, pursuant to
24 Plan Estatal Marco de Gestión de Residuos (PEMAR) 2016-2022. 22 Eurostat, Recycling rate of municipal waste , accessed October 2016 25 Bio Intelligence service, 2011. Implementing EU Waste legislation for 23 European Commission, 2016. Support to Implementation – The Green Growth , study for European Commission. The breakdown per
Commission helps 8 Member States to improve their municipal waste country on job creation was made by the consultant on Commission management. Fact sheet for Spain . demand but was not included in the published document.
Spain 10
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2.Protecting, conserving and enhancing natural capital
Nature and Biodiversity
With 1.863 Natura 2000 sites, 644 Birds Directive SPAs
The EU Biodiversity Strategy aims to halt the loss of and 1.467 Habitats Directive SCIs, covering 27.2% of its
biodiversity in the EU by 2020, restore ecosystems and
their services in so far as feasible, and step up efforts to land territory (EU average 18.1 %), Spain is the Member State providing the largest terrestrial surface
avert global biodiversity loss. The EU Birds and Habitats contribution to the Natura 2000 Network (more than
Directives aim at achieving favourable conservation
status of protected species and habitats. 137,000 Km²).
SDG 14 requires countries to conserve and sustainably Significant advances have been recently achieved in the use the oceans, seas and marine resources, while SDG 15 completion of the network in Spain, particularly as an requires countries to protect, restore and promote the important surface of new marine SCIs has been proposed sustainable use of terrestrial ecosystems, sustainably for its inclusion in the updated list of sites what also puts manage forests, combat desertification, and halt and Spain at the forefront of marine contribution to the reverse land degradation and halt biodiversity loss. Natura 2000 network (more than 86,000 Km²).
The 1992 EU Habitats Directive and the 1979 Birds However, several terrestrial and marine habitats and
Directive are the cornerstone of the European legislation species are still insufficiently covered by the Spanish SCIs
aimed at the conservation of the EU's wildlife. Natura network 27 , as shown in Figure 5 28 .
2000, the largest coordinated network of protected areas
in the world, is the key instrument to achieve and Figure 5: Sufficiency assessment of SCI networks in implement the Directives' objectives to ensure the long Spain based on the situation until December 2013
term protection, conservation and survival of Europe's (%) 29
most valuable and threatened species and habitats and the ecosystems they underpin.
The adequate designation of protected sites as Special
Ares of Conservation (SAC) under the Habitats Directive and as Special Protection Areas (SPA) under the Birds
Directive is a key milestone towards meeting the objectives of the Directives. The results of Habitats
Directive Article 17 and Birds Directive Article 12 reports and the progress towards adequate Sites of Community
Importance (SCI)-SPA and SAC designation 26 both in land
and at sea, should be the key items to measure the performance of Member States.
Spain boasts a very rich biodiversity. It covers four out of the nine bio-geographical regions defined for the implementation of the Habitats Directive: Alpine,
Atlantic, Mediterranean and Macaronesian, and three out of the five marine regions: Atlantic, Mediterranean
27
and Macaronesian. 117 natural habitats and 429 species For each Member State, the Commission assesses whether the
of wild fauna and flora of Community interest protected species and habitat types on Annexes I and II of the Habitats Directive, are sufficiently represented by the sites designated to date. This is
under the Habitats Directive occur in the Spanish expressed as a percentage of species and habitats for which further territory. Spain is also the Member State with a higher areas need to be designated in order to complete the network in that
number of breeding birds, with a total of 285 bird species country. The current data , which were assessed in 2014-2015, reflect
reported in its territory. the situation up until December 2013. 28 The percentages in Figure 5 refer to percentages of the total number
of assessments (one assessment covering 1 species or 1 habitat in a given biographical region with the Member State); if a habitat type or a
26 Sites of Community Importance (SCIs) are designated pursuant to the species occurs in more than 1 Biogeographic region within a given
Habitats Directive whereas Special Areas of Protection (SPAs) are Member State, there will be as many individual assessments as there designated pursuant to the Birds Directive; figures of coverage do not are Biogeographic regions with an occurrence of that species or add up due to the fact that some SCIs and SPAs overlap. Special Areas habitat in this Member State.
of Conservation (SACs) means a SCI designated by the Member States. 29 European Commission, internal assessment.
Spain 11
While the 6-year deadline required by the Habitats
Directive to designate Special Areas of Conservation
(SAC) and to establish appropriate conservation According to the latest report on the conservation
objectives and measures has expired for more than 1,400 status 32 of habitats and species covered by the Habitats sites in Spain, as of January 2016 Spain had completed Directive 33 , only 12% of the habitats' biogeographic these obligations only for around 68% of the sites assessments were favourable in 2013 (EU 27: 16 %). On
concerned 30 . the other hand, 48 % are considered to be unfavourable–
Figure 6: Conservation status of habitats and species in inadequate (EU27: 47%) and 14 % are unfavourable – bad
Spain in 2007/2013 (%) 31 (EU27: 30%). As for the species, 22 % of the assessments were favourable in 2013 (EU 27: 23%) 35 % at
unfavourable-inadequate (EU27: 42%) and 19% unfavourable-bad status (EU27: 18%). This is depicted in
Figure 6 34 . Less than 10% of the habitat types and 20% of
the species assessed in unfavourable conservation status are improving.
Spain has the highest share of unknown assessments (at approximately 25%) among EU Member States, even if important improvements have been achieved since the
previous reporting period 35 , which indicates important
knowledge gaps for the implementation of the Nature Directives.
The most frequent pressures and threats so far reported are natural system modifications (more than 20% of species and more than 40% of habitat types) and agriculture (reported for over 20% of the habitats and
32 Conservation status is assessed using a standard methodology as
being either ‘favourable’, ‘unfavourable-inadequate’ and ‘unfavourable-bad’, based on four parameters as defined in Article 1 of the Habitats Directive.
30 Source: Information provided by the Spanish authorities in the 33 The core of the ‘Article 17’ report is the assessment of conservation
framework of the ongoing infringement case 2015/2003, and status of the habitats and species targeted by the Habitats Directive.
information in the Natura 2000 database provided by Spain. 34 Please note that a direct comparison between 2007 and 2013 data is 31 These figures show the percentage of biogeographical assessments in complicated by the fact that Bulgaria and Romania were not covered
each category of conservation status for habitats and species (one by the 2007 reporting cycle, that the ‘unknown’ assessments have assessment covering 1 species or 1 habitat in a given biographical strongly diminished particularly for species, and that some reported region with the Member State), respectively. The information is based changes are not genuine as they result from improved data / on Article 17 of the Habitats Directive reporting - national summary of monitoring methods.
Spain 35 State of Nature report
Spain 12
over 10% for the species assessed), followed by pollution The lack of adequate financial resources and scientific and urbanization. knowledge for some species and habitat types to support
Figure 7 shows that the short-term population trend of appropriate management are recognized as the most
28% of the breeding bird species assessed under Article relevant limiting factors to achieve the objectives of the
12 reporting is increasing, while 27% are decreasing and Nature Directives. There is a low use of the potential
33% stable. On the long term, the population trend of financing under the ERDF and for nature conservation
30% of the species assessed is decreasing and 33% is measures and Natura 2000 priorities
37 , notably due to an
increasing and 27% stable. insufficient coordination between the relevant competent administrative authorities 38 .
Figure 7: Short-term population trend of breeding and The Priority Action Framework (PAF) for the financing of
wintering bird species in Spain in 2012 (%) 36 the Natura 2000 Network, prepared by Spain in 2014 at
the request of the Commission, is a good basis to address the above-mentioned limiting factors.
Natura 2000 management and nature protection is mainly a regional competence in Spain, except for the marine sites, which are under the competence of the
national Administration, if they do not have ecological A recent study carried out by the Ministry for Agriculture,
continuity with adjacent terrestrial sites. Food and Environment (Economic Benefits of the Natura 2000 Network in Spain, still unpublished) assesses these
The Spanish National Plan for Biodiversity and Natural benefits through use values calculated from direct and
Heritage, together with the basic legislation, is a good indirect real market prices for a limited array of overall framework for the protection of biodiversity in ecosystem services. According to this study, the Spain. The Spanish basic legislation transposing the estimated economic benefits of Natura 2000 (and this is Habitats Directive - which has been recently updated - is a very conservative estimate) amount to 9.8 billion overall appropriate. It requires the establishment of EUR/year –i.e. 7.5 times the theoretical annual cost of management plans before designating sites as SACs, maintenance of the network. therefore ensuring that SAC designation triggers the
establishment of conservation measures, as required The last changes to the national legislation on Natural under Article 6(1) of the Habitats Directive. Heritage and Biodiversity
39 have introduced new possible
ways to promote actions on nature conservation, The Commission receives a high number of complaints including the declaration of these type of activities as regarding the implementation of the Nature Directives in actions of general interest for the State, as well as the Spain, mainly on degradation of designated sites, possible establishment of economic incentives (like inadequate management and bad quality of Appropriate subsidies prioritization, tax reduction, etc.) for activities Assessments under Article 6(3) of the Habitats Directive. contributing to Natura 2000 objectives.
The degradation of protected water dependent habitats
within Natura 2000 is also a frequent concern. The possibilities to develop sustainable or nature tourism should be highlighted, as tourism is one of the most
There are also concerns regarding the implementation of important economic sectors in Spain that however needs the Birds Directive in Spain, in particular in relation to the
extensive use of trapping derogations for finches in 37 Evaluación del grado de inclusión de las prioridades del MAP para la
several regions. Red Natura 2000 en los programas de desarrollo rural 2014-2020 de
España . 38 Source: Spanish Natura 2000 Priority Action Framework (PAF) . 36 Article 12 of the Birds Directive reporting - national summary of Spain 39 Ley 33/2015 por la que se modifica la Ley 42/2007.
Spain 13
diversification and seasonal adjustment, promoting other The National Ecosystem Assessment of Spain evaluation
modalities different to the traditional "sun and beach" was completed in 2012 43 and was followed up by an infocus.
There is also scope for making the tourist depth analysis of the economic and social value of
infrastructure more sustainable 40 . Spanish ecosystem services. The project run by scientists
In this sense, the Spanish Government approved in is supported by the government and involves multiple
2014 41 the Spanish strategic plan on nature and parties and interest groups.
biodiversity tourism 2014-2020, which is a positive step,
but there is a clear scope for further growth. Suggested action
Indeed, special attention should be paid to the potential • Continue supporting the mapping and assessment of for Spain to capitalise its very valuable natural capital to ecosystems and their services, and enhance its use for create jobs. Spain makes the largest contribution to the policy and decision-making (e.g. Spanish strategy on Natura 2000 network in the EU. Therefore, jobs related Green Infrastructure) and develop natural capital to protection of biodiversity, reforestation, green accounting systems.
infrastructure and ecosystem services have an enormous
potential in Spain that should not be ignored. Green Infrastructure
Suggested action The EU strategy on green infrastructure 44 promotes the
• Complete the designation process and put in place incorporation of green infrastructure into related plans clearly defined conservation objectives and the and programmes to help overcome fragmentation of necessary conservation measures for the sites and habitats and preserve or restore ecological connectivity, provide adequate resources for their implementation enhance ecosystem resilience and thereby ensure the in order to maintain/restore species and habitats of continued provision of ecosystem services.
community interest to a favourable conservation status
across their natural range. Green Infrastructure provides ecological, economic and • Improve the availability to the necessary financial social benefits through natural solutions. It helps to
resources for nature conservation, particularly through understand the value of the benefits that nature provides an enhanced use of the ERDF and EARDF funds and the to human society and to mobilise investments to sustain further development of the financial incentives for the and enhance them.
promotion of nature conservation activities foreseen in
the basic legislation. Spain has no Green Infrastructure Strategy as such, but
• Capitalise the very valuable natural capital to create the last changes to the basic national legislation
45 include
jobs. In this context, promoting further the sustainable provisions for the establishment of a national Strategy on
tourism would be a good focus for Spain. Green Infrastructure, Connectivity and Ecological
• Develop and promote smart and streamlined Restoration. The elaboration of this national strategy is
implementation approaches, in particular as regards on-going. Law 33/2015 also imposes a general obligation
site and species permitting procedures, ensuring the onto the Autonomous Communities to draft Green
necessary knowledge and data availability. Strengthen Infrastructure Strategies. There are also some national
communication with stakeholders. plans and initiatives related to this topic.
Law 42/2007 (Natural Heritage and Biodiversity) already imposed a general obligation onto the Autonomous
Estimating Natural Capital Communities to take measures aimed at ensuring environmental connectivity, while various regional laws
The EU Biodiversity Strategy to 2020 calls on the Member also focus on the connectivity of natural areas. Prior to
States to map and asses the state of ecosystems and this law, some Autonomous Communities had already their services in their national territory by 2014, assess introduced initiatives to develop corridors. the economic value of such services, and promote the
integration of these values into accounting and reporting Transport infrastructure has been identified as one of the
systems at EU and national level by 2020 42 . main drivers of habitat fragmentation and a working group has been set up to address this issue specifically.
The focus of the Spanish policy so far is to implement
40 Tourism accounts 11% of GDP and 12% of employment in Spain, and measures ensuring connectivity between existing
it is a key sector in certain regions.
41 Real Decreto 416/2014, de 6 de junio, por el que se aprueba el Plan 43 http://www.ecomilenio.es
sectorial de turismo de naturaleza y biodiversidad 2014-2020. 44 European Union, Green Infrastructure — Enhancing Europe’s Natural 42 Ecosystem services are benefits provided by nature such as food, Capital, COM/2013/0249
clean water and pollination on which human society depends. 45 Law 33/2015 of 21 September, amending Law 42/2007.
Spain 14
protected areas rather than promoting the development The EU Soil Thematic Strategy highlights the need to of a comprehensive and coherent ecological network. ensure a sustainable use of soils. This requires the
The Ministry for Agriculture, Food and Environment is prevention of further soil degradation and the implementing the National Strategy for River Restoration, preservation of its functions, as well as the restoration of which connects Green Infrastructure to the Water degraded soils. The 2011 Road Map for Resource Framework and Flood Directives and correlates positively Efficient Europe, part of Europe 2020 Strategy provides
with ecosystem service areas and green urban areas. that by 2020, EU policies take into account their direct and indirect impact on land use in the EU and globally,
The Spanish Strategy for the Coastal Zones also relates to and the rate of land take is on track with an aim to
Green Infrastructure through restoring physical achieve no net land take by 2050. functionality in the natural coastal zone and adapting to
climate change. SDG 15 requires countries to combat desertification, restore degraded land and soil, including land affected by
The Spanish Strategic Plan for the conservation and desertification, drought and floods, and strive to achieve rational use of the Wetlands promotes the restauration a land-degradation-neutral world by 2030. of wetlands that have been destroyed or degraded. Focus has also been given to the restoration of dunes and
coastal habitats. Soil is an important resource for life and the economy. It provides key ecosystem services including the provision
The national Plan of priority actions of hydrologicalof food, fibre and biomass for renewable energy, carbon forestry restauration included in the Spanish Forestry sequestration, water purification and flood regulation, Plan 2002-2030 sets a national plan for restoration of the provision of raw and building material. Soil is a finite forestry in Spain, with focus on restoration, conservation and extremely fragile resource and increasingly and enhancement of the forest ecosystem. degrading in the EU. Land taken by urban development
The main challenges of Green Infrastructure for the and infrastructure is highly unlikely to be reverted to its future include: natural state; it consumes mostly agricultural land and − better integration of biodiversity into economic increases fragmentation of habitats. Soil protection is
sectors, e.g., tourism, to promote the development indirectly addressed in existing EU policies in areas such
of multifunctional Green Infrastructure areas; as agriculture, water, waste, chemicals, and prevention
− integration of sustainable agriculture and a network of industrial pollution.
of protected areas within broader production As in many EU countries the main threats to the soil in landscapes to promote the development of Multi Spain include pollution, erosion, salinization and to a functional, Green Infrastructure areas; certain degree the loss of organic matter and − further integration of the Green Infrastructure biodiversity.
approach into landscape and urban planning
processes; In 2005 it was regulated to identify those soils in which the presence of pollutants above certain levels may
One of the outstanding examples of Green Infrastructure involve a risk to human health and terrestrial ecosystems. development in the EU can be seen in the Basque capital These soils have been included in a national inventory, of Vitoria-Gasteiz. In the 1990's the city authorities implying obligations to decontaminate them. Thus, started a project to restore and recover the outlying decontamination works have been carried out in more areas of the city, creating a Green-Belt: a group of perithan 250 sites, suggesting that most of these urban parks of high ecological and landscape value contaminations are related to industrial activities.
strategically linked by eco-recreational corridors. The The National Inventory of Soil Erosion (INES) was development of Green Infrastructure in the city has produced to detect and quantify main erosion processes generated significant economic (reduced risks of floods, and threatened areas. INES also permits to assess time tourism), social (better air quality and general wellbeing) evolution providing valuable information to design and environmental (biodiversity) benefits. actions and priorities. Loss of soil by erosion has been
It would be an important and positive step to complete, estimated in a range of 5-25 t/ha.
adopt and implement the Spanish national Strategy on Irrigation of agricultural soils poorly drained and under
Green Infrastructure, Connectivity and Ecological certain climatic conditions has led to the salinization of
Restoration. considerable areas of land regardless of water quality.
According to the available information, 3% of the irrigated lands would be seriously affected.
Soil protection Figure 8 shows the different land cover types in Spain in
2012.
Spain 15
Figure 8: Land Cover types in Spain in 2012 46 An updated inventory and assessment of soil protection
policy instruments in Spain and other EU Member States is being performed by the EU Expert Group on Soil Protection.
Marine protection
The EU Coastal and Marine Policy and legislation require that by 2020 the impact of pressures on marine waters is reduced to achieve or maintain good environmental status and coastal zones are managed sustainably.
SDG 14 requires countries to conserve and sustainably use the oceans, seas and marine resources for sustainable development.
The Marine Strategy Framework Directive (MSFD) 50 aims
to achieve Good Environmental Status (GES) of the EU's marine waters by 2020 by providing an ecosystem approach to the management of human activities with impact on the marine environment. The Directive requires Member States to develop and implement a marine strategy for their marine waters, and cooperate with Member States sharing the same marine region or subregion.
As part of their marine strategies, Member States had to Artificial land cover is used for settlements, production make an initial assessment of their marine waters,
systems and infrastructure. It may itself be split between determine GES 51 and establish environmental targets by
built-up areas (buildings) and non-built-up areas (such as July 2012. They also had to establish monitoring linear transport networks and associated areas). programmes for the on-going assessment of their marine
The annual land take rate (growth of artificial areas) as waters by July 2014. The next element of their marine provided by CORINE Land Cover was 1.48% in Spain over strategy is to establish a Programme of Measures (2016). the period 2006-12, the highest in the EU (EU average The Commission assesses whether these elements 0.41%). It represented 18,298 hectares per year 47 and constitute an appropriate framework to meet the was mainly driven by housing, services and recreation as requirements of the MSFD.
well as industrial and commercial sites. Spanish marine waters are part of two marine regions:
As the OECD highlights, important environmental the North-East Atlantic (covering several subregions: the pressures remain in Spain driven by land conversion Bay of Biscay and the Iberian coast and Macaronesia for during the construction boom of the early 2000s and the the Canaries islands) and the Mediterranean Sea. Spain is population increase which has been significant in some therefore party to both the Convention for the Protection
coastal areas 48 . of the Marine Environment and the Coastal Region of the Mediterranean (Barcelona Convention) and the
The soil water erosion rate in 2010 was 3.94 tonnes per Convention for the protection of the marine environment
ha per year, above EU-28 average (2.46 tonnes) 49 . of the North-East Atlantic (OSPAR Convention). In the
There are still not EU-wide datasets enabling the open ocean areas of the Atlantic, the main threats to provision of benchmark indicators for soil organic matter biodiversity are potentially overfishing, bottom trawling, decline, contaminated sites, pressures on soil biology and discards, and pollution resulting from accidents (e.g. oil
diffuse pollution. spills). The Mediterranean Sea region has been identified by the EEA in its 2015 State of the Environment report as
one of the main climate change hotspots (i.e. one of the
46 European Environment Agency, Land cover 2012 and changes country
analysis [forthcoming] 47 European Environment Agency Draft results of CORINE Land Cover 50 European Union, Marine Strategy Framework Directive 2008/56/EC
(CLC) inventory 2012; mean annual land take 2006-12 as a % of 2006 51 The MSFD defines Good Environmental Status (GES) in Article 3 as:
artificial land. “The environmental status of marine waters where these provide
48 OECD Environmental Performance Review: Spain 2015 ecologically diverse and dynamic oceans and seas which are clean,
49 Eurostat, Soil water erosion rate , Figure 2, accessed November 2016 healthy and productive”
Spain 16
areas most responsive to climate change). The MPAs 54 .
biodiversity of the Mediterranean Sea Region is also
threatened by pollution from land-based sources such as The Commission's report on the implementation of the discharges of excess nutrients and hazardous substances, MSFD
55
provides guidance to assist Spain.
marine litter, over-fishing, and degradation of critical
habitats. Suggested action
With regards to the specificities of implementation of the • Continue work to improve the definitions of Good
MSFD, in 2012, Spain reported on its determination of Environmental Status (GES) including through regional
GES often in a very detailed manner. Strong links were cooperation by using the work of the relevant Regional created with existing EU and Regional Sea Conventions Sea Conventions. standards. Spain assessed the state of its marine waters • Continue integrating monitoring programmes with in a comprehensive manner identifying almost all relevant EU legislation and implement other joint pressures on its marine environment. However, there are monitoring programmes where they exist at regional or a few aspects which merit further attention, such as the sub-regional level. aggregation of GES for the different species, habitats and • Continue to enhance comparability and consistency of ecosystems was not defined. For certain descriptors, monitoring methods within the country's marine threshold values or baselines were missing and some regions. lacked specifications 52 . It is therefore too early to say • Ensure that all of its monitoring programme is whether Spain waters are in good status. implemented without delay and is fully appropriate to
monitor progress towards its GES.
Spain established a monitoring programme of its marine waters in 2014. However it seems that its monitoring sub-programme for biodiversity, non-indigenous species, contaminants in seafood, marine litter and underwater noise need further refinement to constitute an appropriate framework to monitor progress towards GES, especially since full coverage for those descriptors will
not be in place before 2020 53 .
In 2012 Spanish marine protected areas covered 11515.5 km². More specifically, 3735.01 km² of the 0-1 nm zone, 5242.84 km² of the 1-12 nm zone and 2537.67 km² of the 12- end of assessment area zone were covered by
52 Commission Staff Working Document Accompanying the Commission 54 2012 Data provided by the European Environmental Agency – Not
Report on "The first phase of implementation of the Marine Strategy published
Framework Directive (2008/56/EC) - The European Commission's 55 Report from the Commission "The first phase of implementation of
assessment and guidance" (SWD(21014) 049 final and COM(2014)097 i the Marine Strategy Framework Directive (2008/56/EC) - The European final) Commission's assessment and guidance" COM(2014)097 &.
53 Commission Staff Working Document Accompanying the Commission Commission Staff Working Document Accompanying the Commission
Report assessing Member States' monitoring programmes under the Report assessing Member States' monitoring programmes under the Marine Strategy Framework Directive (COM(2017)3 i and SWD(2017)1 Marine Strategy Framework Directive (COM(2017)3 i and SWD(2017)1 final) final)
Spain 17
-
3.Ensuring citizens' health and quality of life
Air quality (-40%), as well as volatile organic compounds (-42%)
ensure air emissions for these pollutants are within the
The EU Clean Air Policy and legislation require that air currently applicable national emission ceilings 58 . For
quality in the Union is significantly improved, moving ammonia however, recorded emissions have increased closer to the WHO recommended levels. Air pollution (+3%), keeping them above current ceilings.
and its impacts on ecosystems and biodiversity should be At the same time, air quality in Spain continues to give
further reduced with the long-term aim of not exceeding
critical loads and levels. This requires strengthening cause for concern. For the year 2013, the European Environment Agency estimated that about 23 940
efforts to reach full compliance with Union air quality premature deaths were attributable to fine particulate
legislation and defining strategic targets and actions
beyond 2020. matter concentrations, 1 760 to ozone concentration and over 4 280 to nitrogen dioxide concentrations 59 . This is
due also to exceedances above the EU air quality
The EU has developed an extensive body of legislation 56 , standards such as shown in Figure 9 60 .
which establishes health-based standards and objectives
for a number of air pollutants. As part of this, Member For 2014, exceedances above the EU air quality standards have been registered for nitrogen dioxide (NO
States are also required to ensure that up-to-date 2
) 61 in five
air quality zones (Madrid, Barcelona, Murcia, Valencia, information on ambient concentrations of different air
Figure 9: Attainment situation for PM10, NO2 and O3 in 2014
pollutants is routinely made available to the public. In 58
addition, the National Emission Ceilings Directive The current national emission ceilings apply since 2010 ( Directive
provides for emission reductions at national level that 2001/81/EC ); revised ceilings for 2020 and 2030 have been set by Directive (EU) 2016/2284 on the reduction of national emissions of
should be achieved for main pollutants. certain atmospheric pollutants, amending Directive 2003/35/EC i and
repealing Directive 2001/81/EC i.
Most of the emissions of several air pollutants have 59 European Environment Agency, 2016. Air Quality in Europe – 2016
decreased significantly in Spain 57 . Reductions between Report . (Table 10.2, please see details in this report as regards the
1990 and 2014 for sulphur oxides (-88%), nitrogen oxides underpinning methodology) 60 Based on European Environment Agency, 2016. Air Quality in Europe
– 2016 Report . (Figures 4.1, 5.1 and 6.1)
56 European Commission, 2016. Air Quality Standards 61 NOx is emitted during fuel combustion e.g. from industrial facilities
57 See EIONET Central Data Repository and Air pollutant emissions data and the road transport sector. NOx is a group of gases comprising viewer (NEC Directive) nitrogen monoxide (NO) and nitrogen dioxide (NO2).
Spain 18
and Vallés-Baix Llobregat) and particulate matter concentrations), inter alia, by reducing transport
(PM10) 62 in three air quality zones (Oviedo, Terres de related emissions - in particular in urban areas. l’Ebre, and La Coruña). Furthermore, the target values • Reduce PM 10 emission and concentration, inter alia, by regarding ozone 63 concentrations are exceeded in many reducing emissions related to energy and heat
air quality zones. In addition, target values for annual generation using solid fuels, to transport and to mean concentration have been exceeded in one air agriculture.
quality zone for nickel 64 .
The persistent breaches of air quality requirements (for
PM 10 and NO 2 ), which have severe negative effects on Noise
health and environment, are being followed up by the
European Commission through infringement procedures The Environmental Noise Directive provides for a covering all the Member States concerned, including common approach for the avoidance, prevention and Spain. The aim is that adequate measures are put in place reduction of harmful effects due to exposure to to bring all zones into compliance. environmental noise.
It is estimated that the health-related external costs from
air pollution in Spain are above EUR 22 billion/year Excessive noise is one of the main causes of health
(income adjusted, 2010), which include not only the issues 68 . To alleviate this, the EU acquis sets out several intrinsic value of living a full health life but also direct requirements, including assessing the exposure to costs to the economy. These direct economic costs relate environmental noise through noise mapping, ensuring to 8 million workdays lost each year due to sickness that information on environmental noise and its effects is related to air pollution, with associated costs for made available to the public, and adopting action plans employers of EUR 1056 million/year (income adjusted, with a view to preventing and reducing environmental 2010), for healthcare of above EUR 82 million/year noise where necessary and to preserving the acoustic (income adjusted, 2010), and for agriculture (crop losses) environment quality where it is good. of EUR 367 million/year (2010) 65 .
Spain's implementation of the Environmental Noise
Suggested action Directive
69 is significantly delayed. There have been
delays in both noise mapping for the most recent • Maintain downward emissions trends of air pollutants reporting round, for the reference year 2011, and the
in order to achieve full compliance with currently adoption of action plans for noise management in the applicable national emission ceilings and air quality current period. The Commission is following up on this limit values - and reduce adverse air pollution impacts matter. on health, environment and economy.
• Reduce ammonia (NH Suggested action 3 ) emissions to comply with
currently applicable national emission ceilings 66 , for • Complete noise mapping and action plans for noise
example by introducing or expanding the use of lowmanagement.
emission agricultural techniques. • Reduce nitrogen oxide (NO x ) emissions to comply with
currently applicable national emission ceilings 67 and/or
to reduce nitrogen dioxide (NO Water quality and management 2 ) (and ozone
The EU water policy and legislation require that the impact of pressures on transitional, coastal and fresh
62 Particulate matter (PM) is a mixture of aerosol particles (solid and waters (including surface and ground waters) is
liquid) covering a wide range of sizes and chemical compositions.
PM10 (PM2.5) refers to particles with a diameter of 10 (2.5) significantly reduced to achieve, maintain or enhance
micrometres or less. PM is emitted from many anthropogenic sources, good status of water bodies, as defined by the Water
including combustion. Framework Directive; that citizens throughout the Union
63 Low level ozone is produced by photochemical action on pollution benefit from high standards for safe drinking and bathing
and it is also a greenhouse gas.
64 See The EEA/Eionet Air Quality Portal and the related Central Data water; and that the nutrient cycle (nitrogen and
Repository
65 These figures are based on the Impact Assessment for the European 68
WHO/JRC, 2011, Burden of disease from environmental noise,
Commission Integrated Clean Air Package (2013). Fritschi, L., Brown, A.L., Kim, R., Schwela, D., Kephalopoulos, S. (eds),
66 Under the provisions of the revised National Emission Ceilings World Health Organization, Regional Office for Europe , Copenhagen,
Directive, Member States now may apply for emission inventory Denmark adjustments. Pending evaluation of any adjustment application, 69 The Noise Directive requires Member States to prepare and publish, Member States should keep emissions under close control with a view every 5 years, noise maps and noise management action plans for to further reductions. agglomerations with more than 100,000 inhabitants, and for major
67 Ibid. roads, railways and airports.
Spain 19
phosphorus) is managed in a more sustainable and water bodies followed by diffuse pollution 74 that affects
resource-efficient way. 23% and abstraction that affects 21% of water bodies.
SDG 6 encourages countries to ensure availability and There are significant regional differences, e.g. point
sustainable management of water and sanitation for all. sources of pollution affect 68% of water bodies in the Andalusian Mediterranean river basin district but only
18% in the Ebro river basin district. The main overall objective of EU water policy and
legislation is to ensure access to good quality water in The first Spanish RBMPs had some deficiencies that result sufficient quantity for all Europeans. The EU water in uncertainties about the status and effectiveness of acquis 70 seeks to ensure good status of all water bodies Programmes of Measures (PoMs). In particular, there are across Europe by addressing pollution sources (from e.g. weaknesses in monitoring, methodologies for status agriculture, urban areas and industrial activities), physical assessment and the link between pressures and PoMs. and hydrological modifications to water bodies) and the The planned measures are expected to result in
management of risks of flooding. improvement of ecological and chemical status of surface water bodies by 11% and 3% respectively. The measures
River Basin Management Plans (RBMPs) are a should also bring improvement of ecological potential of
requirement of the Water Framework Directive and a artificial and heavily modified water bodies 75 by 8% and
means of achieving the protection, improvement and chemical status by 3%. Furthermore, there is a need of sustainable use of the water environment across Europe. better considering modernisation of irrigation in the This includes surface freshwaters such as lakes and rivers, PoMs; established ecological flows should guarantee groundwater, estuaries and coastal waters up to one good ecological status and exemptions reflected in nautical mile. RBMPs should be better justified.
Spain has provided information to the Commission from The Commission is assessing on a regular basis the its second generation of RBMPs. However, as the implementation of the Water Framework Directive by the Commission has not yet been able to validate this Member States 76 .
information for all Member States, it is not reported
here. Spain has already adopted and notified to the Commission most of the second generation 25 RBMPs 77 .
In its first generation of RBMPs Spain reported the status The Commission is currently assessing the content of of 4381 rivers, 329 lakes, 180 transitional, 260 coastal these second RBMPs.
and 748 groundwater bodies. Regarding the implementation of the Nitrates Directive,
Only 43% of natural surface water bodies achieve a good following a horizontal monitoring based on the 2008-
or high ecological status 71 and 32% of heavily modified or 2011 water quality data, the regional Action Programmes
artificial water bodies achieve a good or high ecological and the current Nitrates Vulnerable Zones designation potential. 57% of surface water bodies (while the status showed possible insufficiencies. In certain regions (e.g.: of 39% is unknown), 61% of heavily modified and artificial Cataluña), intensive livestock production, and in water bodies (29% unknown) and 66% of groundwater particular pig farming, puts additional pressure on water
bodies achieve good chemical status. 72 71% of resources quality.
groundwater bodies are in good quantitative status 73 . Regarding drinking water, Spain reaches very high
The main pressure on the Spanish surface waters is point compliance rates of 99-100 % for microbiological, source pollution that affects 35% of water bodies. Flow chemical and indicator parameters laid down in the modification and morphological alterations affect 30% of Drinking Water Directive 78 .
Figure 10 shows that in 2015 in Spain out of 2189 bathing
70 This includes the Bathing Waters Directive (2006/7/EC); the Urban waters, 83.2 % were of excellent quality, 9.5 %of good
Waste Water Treatment Directive (91/271/EEC) concerning discharges of municipal and some industrial waste waters; the Drinking Water
Directive (98/83/EC) concerning potable water quality; the Water 74 Diffuse pollution comes from widespread activities with no one
Framework Directive (2000/60/EC) concerning water resources discrete source. management; the Nitrates Directive (91/676/EEC) and the Floods 75 Many European river basins and waters have been altered by human Directive (2007/60/EC) activities, such as land drainage, flood protection and building of dams
71 Good ecological status is defined in the Water Framework Directive to create reservoirs. referring to the quality of the biological community, the hydrological 76 More information on the implementation status of the WFD can be characteristics and the chemical characteristics. found here .
72 Good chemical status is defined in the Water Framework Directive 77 17 out of 25, with the exception of the RBMP for Catalonia inner
referring to compliance with all the quality standards established for waters and the seven RBMPs for the Canary Islands.
chemical substances at European level. 78 Commission's Synthesis Report on the Quality of Drinking Water in 73 For groundwater, a precautionary approach has been taken that the Union examining Member States' reports for the 2011-2013
comprises a prohibition on direct discharges to groundwater, and a period, foreseen under Article 13(5) of Directive 98/83/EC i; requirement to monitor groundwater bodies. COM(2016)666 i.
Spain 20
quality, 3.3 % of sufficient quality. 58 bathing waters were of poor quality or non-compliant while it was not
possible to assess the remaining 31 bathing waters 79 .
Figure 10: Bathing water quality 2012 – 2015 80
Figure 11: Urban waste water Spanish situation 2012 –
Final deadline 2005 81
Regarding the implementation of the Urban Waste Water
Treatment Directive, Spain demonstrates some high Certain areas of Spain are water-stressed 82 , meaning that
compliance rates: 99.7% of the waste water load is water demand exceeds the available water resources collected and 86.2 % is subject to secondary treatment as under sustainable conditions. Spanish RBMPs include, by shown in Figure 11. However, only 38% of the waste legal requirement, water balances at the scale of water water load which should have been subject to more exploitation systems which allow assessing the reliability stringent treatment is actually treated as such. of water supply for all uses and ensuring that the
environmental objectives will be met once accounting for It is important to note that there are still a certain the previous restriction of e-flows. In water-stressed number of agglomerations that do not comply with the areas, water reuse and desalination are part of the mix of requirements and deadlines of the UWWT Directive. resources on which the system relies to meet water Therefore further efforts are needed in this regard. demands.
Consequently, the Commission has opened various
infringement procedures against Spain regarding Decoupling economic growth from water use remains a sensitive, normal areas and small agglomerations. These challenge in Spain
83 . Sectors like agriculture, tourism and
cases of non-compliance are closely followed by the energy are heavily dependent on water supply. At the
Commission. same time, tariffs for supplied water are slightly lower than the EU average and there are large variations
Figure 11 shows the total generated load at Member between cities and regions. In addition, there is a lack of
State level (in population equivalent and regardless of transparency in subsidies for water used in agriculture, agglomerations) and the load that remains to be and environmental costs (e.g. related to diffuse pollution)
addressed by Spain. are rarely applied. Furthermore, there is a need to ensure sustainability of irrigation projects, the established
The estimated investment needs (reported under Article ecological flows should guarantee good ecological status
17 of the Urban Waste Water Treatment Directive) to and exemptions linked to new infrastructure need to be reach full compliance with the Directive in Spain are of better justified in the RBMPs.
EUR 2944 million. An adequate water-pricing policy to recover the cost of
81 European Commission, 2016 . Urban waste water, 8th implementation reports
82 European Commission, 2016. EU Resource Efficiency Scoreboard 2015 79 European Bathing Water quality in 2015, EEA Report No 9/2016, p.26. 83 Study "Potential for Growth and Job Creation through the Protection 80 European Environment Agency, State of bathing water , 2016 of Water Resources". DG ENV 2015.
Spain 21
water services, together with greater transparency of prices and subsides, promotion of wastewater reuse, modernisation of irrigation systems, as well as better control of water abstraction, could all harness water saving potential, especially in the agriculture sector, the major consumer of water.
There is scope for a more efficient use of water supply infrastructures, e.g.: desalinisation plants built primarily on the Mediterranean coast some of them with EU
funding support have been underused; reduction of Enhancing the sustainability of cities
leakages in the water supply networks should be a
priority. Measures to improve the water governance The EU Policy on the urban environment encourages could also be envisaged. cities to implement policies for sustainable urban
Finally, flooding is a recurrent problem in Spain but planning and design, including innovative approaches for natural water retention measures for flood prevention urban public transport and mobility, sustainable are often disregarded, despite being sometimes more buildings, energy efficiency and urban biodiversity cost-effective than hard infrastructure for flood conservation.
prevention, as well as being cheaper than the costs of SDG11 aims at making cities and human settlements
flood recovery 84 . inclusive, safe, resilient and sustainable.
Suggested action Europe is a Union of cities and towns; around 75% of the
• Spain should continue improving its water policy in line EU population are living in urban areas.
85
The urban
with the intervention logic of the Water Framework environment poses particular challenges for the
Directive (WFD). environment and human health, whilst also providing
• The methods for the assessment of status should be opportunities and efficiency gains in the use of resources.
fully developed to improve certainty about the water The Member States, European institutions, cities and
status and monitoring programmes should be stakeholders have prepared a new Urban Agenda for the
adequately funded. This will provide better information EU (incorporating the Smart Cities initiative) to tackle
basis for decision making. these issues in a comprehensive way, including their
• New physical modifications of water bodies should be connections with social and economic challenges. At the
assessed in line with article 4(7) of the WFD, after heart of this Urban Agenda will be the development of
considering alternative options and adequate twelve partnerships on the identified urban challenges,
mitigation measures. including air quality and housing 86 .
• Control of water abstraction both for surface and
ground waters should improve. An effective water The European Commission will launch a new EU pricing policy including recovery of environmental and benchmark system in 2017
87 .
resource costs should be put in place, in particular for The EU stimulates green cities through awards and agriculture, in order to provide adequate incentive for funding, such as the EU Green Capital Award aimed at efficient use of water. The setup of a national regulator cities with more than 100,000 inhabitants and the EU or supervisor body to ensure consistency and the Green Leaf initiative aimed at cities and towns, with adequate cost-recovery in the urban tariffs would be between 20,000 and 100,000 inhabitants.
also advisable.
• Spain shall ensure appropriate designation of nitrate In the case of Spain, it should be highlighted that Vitoriavulnerable zones and reinforce action in order to Gasteiz (in the region of País Vasco) received the EU address nutrients pollution and improve water quality Green Capital Award in 2012
88 . Moreover, Mollet del
over time (groundwater, fresh and saline surface Vallès (in the region of Cataluña) was one of the two waters) in these zones. cities winning the inaugural EU Green Leaf in 2015
89 .
• Complete implementation of the Urban Waste Water
Treatment Directive for all agglomerations, by building 85 European Environment Agency, Urban environment
up the necessary infrastructure. 86 http://urbanagendaforthe.eu/ 87
The Commission is developing an Urban Benchmarking and Monitoring ('UBaM') tool to be launched in 2017. Best practices emerge and these will be better disseminated via the app featuring the UBaM tool, and increasingly via e.g. EUROCITIES, ICLEI, CEMR,
84 RPA, 2014. Study on Economic and Social Benefits of Environmental Committee of the Regions, Covenant of Mayors and others.
Protection and Resource Efficiency Related to the European Semester. 88 European Commission, Green Capital Study for the European Commission, Annex 1: Country fiches 89 European Commission, 2015. Mollet del Vallès wins inaugural
Spain 22
It should be highlighted that with the support of the
ERDF during the last programming periods Spain has developed important and outstanding initiatives in terms of sustainable urban development as well as urban regeneration across many cities and towns. In the current period 2014-2020, Spain has also launched an ambitious and comprehensive initiative in favour of the local administrations to promote Strategies on Sustainable and
Integrated Urban Development 90 .
Personal transport exacerbates seasonal problems with
air quality and traffic congestion 91 in the major
metropolitan areas in Spain, leading to health and International agreements
economic costs. Recent events in Madrid clearly show
this issue and its consequences. A comprehensive The EU Treaties require that the Union policy on the approach is needed to tackle this matter, bringing environment promotes measures at the international environmental as well as economic and social benefits. level to deal with regional or worldwide environmental
problems. In the framework of the National Plan of Air Quality and
Protection of the Atmosphere 2013-2016, one of the Most environmental problems have a transboundary measures envisaged by the Spanish authorities in this nature and often a global scope and they can only be direction is the distribution of eco-labels for 50% of the addressed effectively through international co-operation. vehicles in Spain, accounting for 16 million vehicles that International environmental agreements concluded by will be classified into “Cero”, “Eco”, “C” and “B” the Union are binding upon the institutions of the Union according to their potential pollutants 92 . and on its Member States. This requires the EU and the
Member States to sign, ratify and effectively implement all relevant multilateral environmental agreements (MEAs) in a timely manner. This will also be an important contribution towards the achievement of the SDGs, which Member States committed to in 2015 and include many commitments contained already in legally binding agreements.
The fact that some Member States did not sign and/or ratify a number of MEAs compromises environmental implementation, including within the Union, as well as the Union’s credibility in related negotiations and international meetings where supporting the participation of third countries to such agreements is an established EU policy objective. In agreements where voting takes place it has a direct impact on the number of votes to be cast by the EU.
Spain has signed and ratified almost all MEAs. It has signed but not yet ratified the Offshore Protocol of the Barcelona Convention.
90 Under the national ERDF OP Sustainable Growth 2014-2020, the
EDUSI (Estrategias de Desarrollo Urbano Sostenible e Integrado)
91 INRIX, 2015. Key Findings: INRIX 2015 Traffic Scoreboard
92 See http://www.dgt.es/es/prensa/notas-de-prensa/2016/20160414- dgt-clasifica-parque-vehiculos-funcion-potencial-contaminante.shtml .
Spain 23
Part II: Enabling Framework: Implementation Tools
-
4.Market based instruments and investment
Green taxation and environmentally harmful subsidies Figure 12: Environmental tax revenues as a share of total
revenues from taxes and social contributions (excluding
The Circular Economy Action Plan encourages the use of imputed social contributions) in 2014 93
financial incentives and economic instruments, such as taxation to ensure that product prices better reflect environmental costs. The phasing out of environmentally harmful subsidies is monitored in the context of the
European Semester and in national reform programmes submitted by Member States.
Taxing pollution and resource use can generate increased revenue and brings important social and environmental benefits. Moreover, environmentally-related taxation is one of the few taxes that are generally not detrimental to growth.
Green taxes have been a tool commonly used to pursue environmental objectives in the various policy sectors in
Spain. However, there was an overall decline in environmental tax collection as percentage of total tax revenue in the last decade. There is also a normative dispersion and for certain taxes a heterogeneous approach at regional and even at local level.
In Spain revenues from environmental taxes as a proportion of GDP are among the lowest in the EU. It should be noted that in 2012 Spain was the Member
State with the lowest rate: 1.6 % of the GDP, far below
EU average of 2.4%. This share represented a 10 year low for Spain, fallen from 2.08% of GDP in 2002.
According to 2014 data, Spain is the third lowest in the
EU (after Lithuania and Slovakia). Revenues from environmentally related taxes amounted to only 1.85% of
GDP against an EU average of 2.46%. Moreover, Spain is Shifting taxation away from labour towards taxes less
one of the countries with the lowest share of harmful to growth remains a key challenge in Spain, and has been proposed as Country Specific Recommendation
environmental taxation in revenues from taxes and social
contributions (5.5% of GDP in 2014, EU average 6.35%), (CSR) between 2012 and 2014 in the framework of the as shown in Figure 12. European Semester.
As in most Member States, the biggest chunk of revenues Some measures have been taken in Spain in the last from the environmentally-related taxes comes from years, mainly in the energy sector. A tax on fluorinated energy taxes. greenhouse gases has been introduced (Law 16/2013)
and is being phased-in gradually from 2014 to be fully Environmental tax reform can play an important part in
sustaining economic growth. Taxing pollution and applicable in 2016. Since 2013 (Law 15/2012), Spain has
resource use would bring in additional revenues, and at implemented taxes on the production of electric energy, on the production of radioactive fuel and on the storage
the same time it would help discouraging activities that
will bring additional cost in the future in terms of clean of radioactive waste. These taxes have contributed to
up, health costs, etc. This additional revenue could also slightly increase the above-mentioned Spanish rate. Moreover, Spain approved in 2015 a new tax regarding
substitute for cuts in spending. the extraction of hydrocarbons (gas and oil). However,
Spain 24
the practical effects of this new tax are likely The reduction of environmentally harmful subsidies (EHS) insignificants. is another key challenge. Spain is still subsidising fossil
There is clearly room to review environmental taxes, fuels, local coal, company cars, and diesel compared to mainly in the transport and energy sectors, but also in petrol when the policy objectives could be achieved in a the pollution and resources use fields. For instance, the less environmentally harmful way.
municipal vehicle circulation taxes do not always reflect Spain has no overall strategy to eliminate EHS, although the environmental performance of the vehicles. In moving away from EHS can deliver economic, social and addition, new options in the waste and water sectors environmental benefits, allow for improved
could be explored. Landfill taxes may be a supportive tool competitiveness and support budget consolidation 96 . It is
on treatment of municipal waste. The water pricing important to ensure that energy tax rates become more policy needs a revision and a new approach, being a key consistent across fuels and uses, and that the tax system issue to improve water management in Spain. does not unduly favour fossil-based solutions.
In this respect, a 2016 study suggests that there is Spain is one of the main Member States using fossil fuel
considerable potential for additional revenue from subsidies (FFS) 97 . The diesel-petrol differential is not environmental taxes in Spain 94 . Under a good practice justified from an environmental perspective: diesel emits scenario 95 these taxes could generate an additional EUR higher levels of several air pollutants and should be taxed
3.45 billion by 2018, rising to EUR 6.96 billion by 2030 higher. The diesel differential in Spain is 26% (a figure of
(both in real 2015 terms). This is equivalent to an 0% means the same level of taxation for petrol and diesel
increase by 1.11% and 1.82% of GDP in 2018 and 2030, cars, i.e. no diesel differential) 98 . Lower diesel tax led to
respectively. "dieselisation" of the fleet in Europe. Currently in the EU
In the same vein, the Report issued in February 2014 by more than 55% of new registrations are diesel cars; while the Committee of Experts on the reform of the Spanish in Spain this goes up to 63%. Furthermore, exemptions tax system (Lagares report) made a complete analysis of from the coal tax should be also reconsidered.
this matter, proposing specific recommendations to Therefore, developing a national strategy for phasing out harmonize and to improve the performance of environmentally harmful subsidies would be a positive environmental taxes in Spain, increasing the revenues in approach for Spain. a more logic and sustainable way. However, although this work was commissioned by the Spanish Government, these measures are not part of the national tax reform
approved in Spain at the end of 2014 (Law 26/2014). Green Public Procurement
This report and the above-mentioned study also show The EU green public procurement policies encourage that many environmental taxes for example concerning Member States to take further steps to reach the target waste management, water abstraction, water pollution, of applying green procurement criteria to at least 50% of wastewater, and air pollution are adopted and public tenders.
implemented at regional and even at local level, with a
high normative dispersion and different approaches. This Green Public Procurement (GPP) is a process whereby heterogeneous situation may lead to market public authorities seek to procure goods, services and fragmentation and economic inefficiencies. works with a reduced environmental impact throughout
Therefore, Spain should consider the full potential of their life-cycle when compared to goods, services and environmental taxation, as well as to implement a works with the same primary function that would consistent approach across the country, to harvest otherwise be procured.
environmental, economic and social (jobs) benefits. The purchasing power of public procurement equals to approximately 14% of GDP 99 . A substantial part of this
money is spent on sectors with high environmental 94 Eunomia Research and Consulting, IEEP, Aarhus University, ENT, impact such as construction or transport, so GPP can help 2016. Study on Assessing the Environmental Fiscal Reform Potential for to significantly lower the impact of public spending and
the EU28 . N.B. National governments are responsible for setting tax
rates within the EU Single Market rules and this report is not foster sustainable innovative businesses. The
suggesting concrete changes as to the level of environmental taxation.
It merely presents the findings of the 2016 study by Eunomia et al on the potential benefits various environmental taxes could bring. It is
then for the national authorities to assess this study and their concrete 96 2020 Milestone on phasing out EHS in the Roadmap to a Resource
impacts in the national context. A first step in this respect, already Efficient Europe (COM(2011) 571 final i).
done by a number of Member States, is to set up expert groups to 97 http://www.oecd.org/site/tadffss/publication/ assess these and make specific proposals. 98 European Environment Agency 2016, Environmental taxation and EU
95 The good practice scenario means benchmarking to a successful environmental policies , Table 4.3, p.24. taxation practice in another Member State. 99 European Commission, 2015. Public procurement
Spain 25
Commission has proposed EU GPP criteria 100 . prioritizes the inclusion of environmental criteria. The
Overall, there is no horizontal and coherent nation-wide wide replacement of paper publications by electronic public procurement policy in Spain, neither are there publications should be highlighted.
sufficient controls on the proper implementation of public procurement rules, especially at sub-central
government level 101 . Investments: the contribution of EU funds
The Green Public Procurement Plan of the State General European Structural and Investment Funds Regulations
Administration and its Public Entities and the Managing provide that Member States promote environment and
Bodies of the Social Security is the national strategy on climate objectives in their funding strategies and
Green Public Procurement (GPP) of Spain. It was programmes for economic, social and territorial
approved in January 2008 102 . cohesion, rural development and maritime policy, and
GPP criteria are developed at the national level for the reinforce the capacity of implementing bodies to deliver following product groups: construction and maintenance, cost-effective and sustainable investments in these areas.
energy, transport, office equipment, paper and
publications, furniture, cleaning products and services, Making good use of the European Structural and and events. Some regions have also implemented Investment Funds (ESIF)
105 is essential to achieve the
measures in this respect, e.g.: in Catalonia, the environmental goals and integrate these into other policy
Government Agreement on Public Procurement is based areas. Other instruments such as the Horizon 2020, the on the EU GPP criteria and in the Basque Country GPP LIFE programme and the EFSI
106 may also support
criteria are developed based on market consultation implementation and spread of best practice.
mainly based on EU GPP criteria 103 . In absolute terms, Spain is traditionally a very relevant
The GPP targets are to have levels of green purchase beneficiary of the EU Cohesion Policy
107 .
between 25% and 100% depending on the product group The EU funding received by Spain during the last and implementation phase. Eight product groups have programming periods has significantly contributed to been included, according to the priority groups of the EU reach the environmental standards as well as to improve Commission, along with a timescale for achieving specific the implementation of EU environmental policy and law targets. Targets for consumption reduction and energy in many sectors, e.g.: water and waste.
mix have also been set 104 . Current data suggest that the EU funds for the 2007-2013
Spain has adopted two reports on the state of green period were almost fully spent 108 .
public procurement in the State General Administration.
The first report in November 2011 and the last one in July Spain will receive EUR 28.56 billion
109 in total from the EU
2015. Cohesion Policy funding over the programming period 2014-2020 (ERDF and ESF, including European Territorial
The Second Report was produced in accordance with the Cooperation funding and the allocation for the Youth provisions of the abovementioned Green Public Employment Initiative).
Procurement Plan, reflecting new progress since the
adoption of the first report on the implementation of Spain will also receive EUR 8.29 billion for rural
measures in favour of green public procurement. development (EARDF) and EUR 1.16 billion for fisheries and the maritime sector (EMFF).
The Report reflects overall the achievement of broad
levels of compliance, with practically total In the period 2014-2020, 13 out of the 19 Spanish regions implementation of results in most of the aboveare reaching the status of "more developed" and
mentioned eight product groups for which the Plan therefore receiving less EU funding, whereas the Cohesion Fund is no longer available to Spain.
100 In the Communication “Public procurement for a better environment” (COM (2008)400) the Commission recommended the 105 ESIF comprises five funds – the European Regional Development
creation of a process for setting common GPP criteria. The basic Funds (ERDF), the Cohesion Fund (CF), the European Social Fund (ESF), concept of GPP relies on having clear, verifiable, justifiable and the European Agricultural Fund for Rural Development (EAFRD), and ambitious environmental criteria for products and services, based on a the European Maritime and Fisheries Fund (EMFF). The ERDF, the CF life-cycle approach and scientific evidence base. and the ESF together form the Cohesion Policy funds.
101 Commission Staff Working Document: Country Report Spain 2016 in 106 European Investment Bank, 2016 European Fund for Strategic the framework of the European Semester (SWD(2016) 78 final, of Investments
26.2.2016. 107 In absolute terms, Spain was the main beneficiary until the period
102 State Official Journal (BOE) of 31.01.2008: 2000-2006; the second in 2007-2013 and the third in 2014-2020.
103 European Commission, 2015 Documentation on National GPP Action 108 Final data for the period 2007-2013 will only be available at the end
Plans of 2017.
104 European Commission, 2015 Documentation on National GPP Action 109 Current prices, November 2011. These figures do not include the
Plans results of the MFF mid-term review.
Spain 26
Environmental investments have also to follow the new Partnership Agreement 2014-2020 and the different design of the EU Cohesion Policy and the main priorities Operational Programmes for the four ESIF through the reflected in the thematic concentration (Innovation, TICs, application of the SEA Directive and by other means. The SMEs and Low Carbon Economy). Nevertheless, the Spanish Network of Environmental Authorities, with the direct environmental investments are still significant and participation of DG ENV and DG REGIO, plays an represent around 11.8% of the ERDF (EUR 2.3 billion). important role to promote environmental integration
into the EU funding. Figure 13: European Structural and Investment Funds
2014-2020: Budget Spain by theme, EUR billion 110 The thematic environmental ex-ante conditionalities (EAC) on Water and Waste have been only partially
fulfilled by Spain. Therefore, Action Plans have been agreed with the Spanish authorities to comply with all the criteria by end-2016. These action plans play a major role in accelerating the implementation of the EU environmental policy, and foster a dialogue with the national competent authorities.
The general environmental EAC on EIA/SEA (looking into the legal framework and the effective arrangements to comply with the environmental impact assessment rules) was considered as fulfilled, also considering the commitments undertaken by the Spanish authorities.
Spain should take advantage of the ESIF available for the programming period 2014-2020 in order to improve the compliance with the EU environmental law and policy, as well as to use the potential of the green economy for competitiveness and job creation.
It is too early to draw conclusions about the use and result of ESIF for the period 2014-2020, as the relevant programmes are still in an early stage of their implementation.
Regarding the integration of environmental concerns into the Common Agricultural Policy (CAP), the two key areas for Spain (as for all Member States) are, first, using Rural
In terms of environmental sectors, the main priorities in Development funds to pay for environmental land
Spain for ERDF 2014-2020 are: wastewater (around EUR management and other environmental measures, while
1.1 billion), rehabilitation of industrial sites and avoiding financing measures which could damage the contaminated land (EUR 265 million), biodiversity and environment; and second, to, ensuring an effective Natura 2000 (EUR 225 million) and adaptation to climate implementation of the first pillar of the CAP with regard
change (EUR 195 million). to cross compliance and 1st pillar 'greening'. 30 % of direct payment envelope is allocated to greening
There is a national OP on Sustainable Growth, with the practices beneficial for the environment. An largest ERDF allocation (around EUR 5.5 billion) with 4 environmentally ambitious implementation of 1st pillar priority axes: Low carbon economy, Sustainable urban greening would clearly help to improve the development, Water quality, and Sustainable transport. environmental situation in areas not covered by rural This OP concentrates a high part of the environmental development, including intensive area.
investments, although they are also present in many
regional ERDF OPs. It should be noted that the implementation of the eligibility of land for Pillar I of the CAP (direct payments)
Moreover, it should be highlighted the various territorial by Spain is very restrictive and lists elements with cooperation ERDF OPs (transnational and cross-border reduction power (lowering number of hectares for which cooperation) with the participation of Spain where the direct payments are received) which are not standard environmental investments have a considerable weight. elements (e.g. slope). High number of hectares of
The environmental integration has been ensured in the silvopastoral systems found themselves ineligible for CAP payments, or their eligibility (number of hectares eligible)
110 European Commission, European Structural and Investment Funds got significantly decreased. This is also due to the fact
Data By Country that under Rural Development Programmes (fund EAFRD)
Spain 27
in the agri-environment-climate measure only parcels that are eligible under Pillar I of the CAP can receive per hectare support for e.g. extensive management, biodiversity- related actions- in a way that Spain implements it. This is very problematic and potentially affects huge areas of Natura 2000 habitats dependant on
(some level of) grazing. It is of crucial importance that land managers, farmers, who provide public goods via traditional farming, supporting number of ecosystem services, find their parcels eligible for funding under CAP as far as there is an active management of land.
Spain is suggested to improve the rules, via constructive dialogue with the European Commission, including DG
ENV, in order not to disadvantage land managers who practice active agricultural land management.
Regarding a pure environmental financial instrument like the LIFE programme, it should be noted that since the launch of the LIFE programme by the European
Commission in 1992, a total of 738 projects have been financed in Spain. Of these, 458 focus on environmental innovation and demonstration, 261 on nature conservation and wildlife biodiversity and 9 on information and communication. As of 2014, 8 Climate
Action projects are also being co-funded by LIFE. These projects represent a total investment of EUR 1.2 billion, of which EUR 573 million has been contributed by the
European Union.
For the period 2014-2017 some EUR 75 million have been indicatively earmarked for Spain through a national allocation. It is expected that the success rate of Spanish projects will not be affected by the abandonment of national allocations as of 2018, since there have always been sufficient Spanish applications with a high merit.
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. Thus, LIFE projects in Spain have, e.g., achieved the increase of the
Spanish marine protected areas from less than 1% to more than 8% of the marine territory, improved the status of the most endangered feline worldwide, the
Iberian lynx, from critically endangered' to 'endangered', and substantially raised the awareness in Spain regarding the socio-economic advantages of Natura2000 and of sustainable resource management.
Spain 28
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5.Effective governance and knowledge
SDG 16 aims at providing access to justice and building improve the delivery of benefits from that legislation, effective, accountable and inclusive institutions at all and the governance of the enforcement process. levels. SDG 17 aims at better implementation, improving
policy coordination and policy coherence, stimulating Capacity to implement rules
science, technology and innovation, establishing It is crucial that central, regional and local partnerships and developing measurements of progress. administrations have the necessary capacities and skills
and training to carry out their own tasks and co-operate
Effective governance of EU environmental legislation and and co-ordinate effectively with each other, within a policies requires having an appropriate institutional system of multi-level governance.
framework, policy coherence and coordination, applying The 2013 European Quality of Government Index puts legal and non-legal instruments, engaging with non Spain in 15 th place out of the 28 Member States 112 .
governmental stakeholders, and having adequate levels
of knowledge and skills 111 . Successful implementation According to the World Bank 2015 Worldwide depends, to a large extent, on central, regional and local Governance Indicators, Spain scores well below the EU government fulfilling key legislative and administrative average for the government effectiveness indicator, tasks, notably adoption of sound implementing which captures the perceptions of the quality of public legislation, co-ordinated action to meet environmental services, the capacity of the civil service and its objectives and correct decision-making on matters such independence from political pressures, and the quality of as industrial permits. Beyond fulfilment of these tasks, policy formulation
113 .
government must intervene to ensure day-to-day During the last years, there has been some progress in compliance by economic operators, utilities and Spain in order to streamline and to improve the efficiency individuals ("compliance assurance"). Civil society also of the different public administrations. At the same time, has a role to play, including through legal action. To due to the economic crisis, the public sector has suffered underpin the roles of all actors, it is crucial to collect and of important resource cutbacks, affecting the share knowledge and evidence on the state of the environmental sector as well. environment and on environmental pressures, drivers
and impacts. Spain's public administration is highly decentralised. This is illustrated by the share of spending managed by the
Equally, effective governance of EU environmental regional and local government levels (39% of total nonlegislation and policies benefits from a dialogue within consolidated expenditure over 2018-2014). This is even Member States and between Member States and the more accentuated in the field of the environment. Commission on whether the current EU environmental legislation is fit for purpose. Legislation can only be properly implemented when it takes into account experiences at Member State level with putting EU commitments into effect. The Make it Work initiative, a
Member State driven project, established in 2014, organizes a discussion on how the clarity, coherence and structure of EU environmental legislation can be improved without lowering existing protection standards.
Effective governance within central, regional and local government
Those involved in implementing environment legislation at Union, national, regional and local levels need to be
equipped with the knowledge, tools and capacity to The Spanish Constitution (1978) provides for the
exclusive competence of the State (national Parliament
111 The Commission has work ongoing to improve the country-specific knowledge about quality and functioning of the administrative systems 112 Charron N., 2013. European Quality of Government Index (EQI) of Member States. 113 World Bank - Worldwide Governance Indicators 2015
Spain 29
and Government) to approve basic legislation for Coordination and integration
environmental protection without detriment to the
competence of the Autonomous Communities to Impact assessments are important tools to ensure 116 establish additional protection measures and to develop environmental integration in all government policies .
the basis legislation. The transposition of the revised EIA Directive 117 will be an
opportunity to streamline the regulatory framework on
Most of the environmental implementation competences environmental assessments.
belong to the regions, although the central
administration has still important powers in fields like The Commission encourages the streamlining of the water management in rivers that flow through different environmental assessments to avoid overlaps in regions and coastal protection. The local authorities have environmental assessments and accelerate decisionalso an important role in fields like waste management, making, without compromising the quality of the
air quality or sustainable urban development. environmental assessment procedure. The Commission has issued a guidance document in 2016 118 regarding the
The various public administrations involved in the setting up of coordinated and/or joint procedures that implementation of environmental law have a different are simultaneously subject to assessments under the EIA level of financial and human resources available to Directive, Habitats Directive, Water Framework Directive, undertake their tasks. and the Industrial Emissions Directive.
The Spanish Government approved the Spanish Over the last years, Spain has taken different measures
Sustainable Development Strategy (SDS) in 2007. A to streamline the EIA process, like the new national basic periodic review and monitor of this SDS has not been legislation on EIA & SEA 119 .
carried-out, namely after the economic crisis started in
2008. In addition, various Autonomous Communities Spain's highly decentralised administration creates
have also approved their regional SDS. coordination challenges, namely in various policy areas, such as the environment.
The idea of sustainability re-emerged with the
Sustainable Economy Law, adopted in 2011. While a The Spanish legal system foresees some mechanisms of welcome articulation of what a sustainable economy cooperation and coordination at political and technical might mean in the Spanish context, the Sustainable level, mainly between the State administration and the Economy Law generally reaffirms previously existing Autonomous Communities, like the Sectoral Conference commitments, with environmental actions implemented on Environment and some technical and participatory separately from other action areas covered by the law 114 . committees, like the National Council on Water and the Furthermore, this Law provided for a periodic report on Environment Advisory Council. However, there is clear its implementation and results, which however has not room to improve and strengthen these cooperative been undertook. actions.
Environmental policy developments in Spain are mainly As a good practice, it is worth to highlight the experience driven by EU Directives and Regulations. During the last of the Spanish Network of Environmental Authorities, decade, there has been a progress regarding the which is a purely technical forum of managing and transposition in time of EU environmental Directives. The environmental authorities to foster environmental Commission has traditionally received a very high integration into the implementation of the EU Cohesion number of complaints against Spain in the field of the Policy in Spain. This network created in 1997 has served environment. Overall, the Spanish authorities have a as inspiration for similar environmental integration smooth cooperation with the Commission services to networks in other Member States and even for the solve the pending issues on implementation of European Network of Managing and Environmental environmental law. The number of infringements has Authorities (ENEA-MA).
decreased during the last years. However, important implementation gaps remain, e.g.: in the wastewater and
waste sectors. Several cases brought to the attention of near Madrid, that eventually caught fire in May 2016. 116
the Commission also indicate that enforcement of Article 11 of the TFEU provides that "Environmental protection requirements must be integrated into the definition and
environmental legislation is not always effective, i.e. implementation of the Union's policies and activities, in particular with unlawful activities continue or the environmental a view to promoting sustainable development."
117
damage is not addressed for years despite the The transposition of Directive 2014/52 i/EU is due in May 2017. 118
intervention of the competent authorities 115 . European Commission, 2016. Commission notice — Commission guidance document on streamlining environmental assessments
conducted under Article 2(3) of the Environmental Impact Assessment Directive (Directive 2011/92 i/EU of the European Parliament and of the Council, as amended by Directive 2014/52 i/EU).
114 OECD Environmental Performance Review: Spain 2015 119 Law 21/2013, of 9 December 2013, on environmental impact
115 Such as the Seseña waste tyres dump site in the province of Toledo, assessments.
Spain 30
Suggested action at strategic and operational levels in which the best mix
• Spain should address the fragmentation at regional and of compliance monitoring, promotion and enforcement is local levels by developing better coordination directed at the most serious problems. Best practice also
mechanisms for environment. recognises the need for coordination and cooperation between different authorities to ensure consistency,
avoid duplication of work and reduce administrative burden. Active participation in established pan-European
Compliance assurance networks of inspectors, police, prosecutors and judges,
such as IMPEL 121 , EUFJE 122 , ENPE 123 and EnviCrimeNet 124 ,
EU law generally and specific provisions on inspections, is a valuable tool for sharing experience and good other checks, penalties and environmental liability help practices. lay the basis for the systems Member States need to Currently, there exist a number of sectoral obligations on have in place to secure compliance with EU inspections and the EU directive on environmental environmental rules. liability (ELD) 125 provides a means of ensuring that the
"polluter-pays principle" is applied when there are
Public authorities help ensure accountability of dutyaccidents and incidents that harm the environment. holders by monitoring and promoting compliance and by There is also publicly available information giving insights taking credible follow-up action (i.e. enforcement) when into existing strengths and weaknesses in each Member breaches occur or liabilities arise. Compliance monitoring State. can be done both on the initiative of authorities For each Member State, the following were therefore themselves and in response to citizen complaints. It can reviewed: use of risk-based compliance assurance; involve using various kinds of checks, including coordination and co-operation between authorities and inspections for permitted activities, surveillance for participation in pan-European networks; and key aspects possible illegal activities, investigations for crimes and of implementation of the ELD based on the Commission's audits for systemic weaknesses. Similarly, there is a range recently published implementation report and REFIT of means to promote compliance, including awarenessevaluation 126 .
raising campaigns and use of guidance documents and
online information tools. Follow-up to breaches and Spain has taken some significant steps to underpin riskliabilities can include administrative action (e.g. based compliance assurance: withdrawal of a permit), use of criminal law 120 and action − in 2008, on the initiative of the Spanish Autonomous under liability law (e.g. required remediation after Communities, the Environmental Inspection Network damage from an accident using liability rules) and was established (Red de Inspección Ambiental - contractual law (e.g. measures to require compliance REDIA) with the aim of improving cooperation and with nature conservation contracts). Taken together, all achieving greater consistency of inspection work of these interventions represent "compliance assurance" across the country through production of guidelines as shown in Figure 14. and common standards and training facilitation
127 . − recognising the need for professional specialisation
Figure 14: Environmental compliance assurance to effectively tackle environmental crime, Spain has
created a police unit (SEPRONA) to combat environmental crime as well as a specialised Environmental Prosecution Authority which has already impressive successes in investigation and prosecution of organised environmental crime. It publishes an annual report on its activities, setting
121 European Union Network for the Implementation and Enforcement of Environmental Law
122 European Union Forum of judges for the environment 123 The European Network of Prosecutors for the Environment 124 EnviCrimeNet 125 European Union, Environmental Liability Directive 2004/35/CE , p.56 126 COM(2016)204 final and COM(2016)121 final of 14.4.2016. This highlighted the need for better evidence on how the directive is used in practice; for tools to support its implementation, such as guidance, training and ELD registers; and for financial security to be available in
Best practice has moved towards a risk-based approach case events or incidents generate remediation costs. 127
http://www.magrama.gob.es/en/calidad-y-evaluacionambiental/temas/medio-ambiente-industrial/inspeccion
120 European Union, Environmental Crime Directive 2008/99/EC ambiental/redia/ .
Spain 31
out the key issues investigated during the year as Spanish regional inspection authorities and the Spanish
well as providing statistics. Environmental Prosecution Authority actively contribute
− a LIFE+ funded project to address a problem of to the work of IMPEL and ENPE.
poisoning of rare birds of prey through illegal use of
poisons 128 illustrates the use of risk-based
compliance assurance, with compliance promotion, The Aznalcóllar accident in 1998 sensitized Spain to the
compliance monitoring and enforcement all importance of environmental liability. For the period
combined in an overall strategy 129 . 2007-2013, it reported eleven confirmed and one pending case of environmental damage under the
However, there are significant differences between Environmental Liability Directive. To ensure an effective regions in terms of available resources and the used tools implementation of the Directive, it established a and instruments, such as inspection plans, inspections Technical Commission on the Prevention and reports and performance monitoring 130 . Remediation of Environmental Damage for facilitate
Up-to-date information is lacking in relation to the cooperation between the central Government and the
following: Autonomous Communities. The Technical Commission has undertaken work through sub-groups on
− data-collection arrangements to track the use and environmental liability supply models, technical advice effectiveness of different compliance assurance and analysis, sectorial tools for environmental risk interventions; assessment, and the priority calendar for phasing in
− the extent to which risk-based methods are used to gradually mandatory financial security. The mandatory direct compliance assurance both at the strategic financial security is backed up with cost-free electronic level and in specific problem-areas highlighted support tools aimed at helping operators to better elsewhere in this Country Report, i.e. the threats to calculate their risks. Spain also has an insurance pool protected habitat types and species, air quality (Pool Español de Riesgos Medioambientales), which problems, the pressures on water quality from works closely with both government and industry.
diffuse and point water pollution and the problem of
over-abstraction of water 131 . Suggested action
• Improve transparency on organisation and functioning 128 According to a study prepared for the Commission, Spain belongs to of compliance assurance system and on how significant
the Member States where poisoning is widespread and has at least a risks are addressed.
moderate conservation impact on bird species (Bio Intelligence 2011 Report, p. 22).
129 The VENENO project team has, inter alia, drawn up the Action Plan
for Eradication of the Illegal Use of Poison in the Countryside (Plan de
Acción para la erradicación del uso ilegal de veneno en el Medio Public participation and access to justice
Natural) and four procedural protocols (for dealing with cases of
poisoning in wildlife rescue centres and toxicology laboratories; for law The Aarhus Convention, related EU legislation on public
enforcement officials in charge of collecting presumably poisoned participation and environmental impact assessment, and
fauna or bait and the preliminary investigation; general legal protocol the case-law of the Court of Justice require that citizens for administrative action and liaison with criminal proceedings deriving and their associations should be able to participate in
from the use of poisoned bait in the countryside; and a protocol for
law enforcement officials in charge of surveillance and preventive decision-making on projects and plans and should enjoy
action) recognising that enforcement work involves a chain that effective environmental access to justice.
extends from surveillance through to the choice and application of remedies and sanctions. It should be noted that the project related
work led to cases being brought court and that it provided assistance Citizens can more effectively protect the environment if
in poison-related cases in criminal and administrative proceedings with they can rely on the three "pillars" of the Convention on impressive outcomes. See for details at: Access to Information, Public Participation in Decision
href="http://www.venenono.org/?page_id=289">http://www.venenono.org/?page_id=289 .
130 Mazur, E. (2011), 'Environmental Enforcement in Decentralised making and Access to Justice in Environmental Matters
Governance Systems: Toward a Nationwide Level Playing Field', OECD ("the Aarhus Convention"). Public participation in the
Environment Working Papers No 34, p. 20 and 27; Impact Assessment administrative decision making process is an important study into possible options for revising recommendation 2001/331/EC element to ensure that the authority takes its decision on
providing for minimum criteria for environmental inspections (RMCEI),
-
p.198f. (see pp. 203-205). the best possible basis. The Commission intends to
131 Illegal water abstraction represents in Spain a major threat examine compliance with mandatory public participation
particularly at times of drought. While Drought Management Plans requirements more systematically at a later stage.
curtail irrigation to ensure that priority needs are met, farmers resort
to illegal groundwater abstractions to protect their crop against Access to justice in environmental matters is a set of drought. See EEA Report No 1/2012. Towards efficient use of water guarantees that allows citizens and their associations to
resources in Europe, p. 15. The checklists used by cross-compliance inspectors in Spain indicate the actual volume of water abstracted is currently not checked against permits undermining the effectiveness report 2014/04, Integration of water policy objectives with the CAP: a of compliance assurance, see European Court of Auditors, Special partial success, p. 31.
Spain 32
challenge acts or omissions of the public administration the ongoing EU e-Government Action Plan 136 . The first
before a court. It is a tool for decentralised two instruments create obligations to provide implementation of EU environmental law. information to the public, both on request and actively.
For each Member State, two crucial elements for The INSPIRE Directive is a pioneering instrument for effective access to justice have been systematically electronic data-sharing between public authorities who reviewed: the legal standing for the public, including can vary in their data-sharing policies, e.g. on whether NGOs and the extent to which prohibitive costs represent access to data is for free. The INSPIRE Directive sets up a
a barrier. geoportal which indicates the level of shared spatial data in each Member State – i.e. data related to specific
The Spanish legal system grants the public the possibility locations, such as air quality monitoring data. Amongst to bring environmental cases to the courts. However, in other benefits it facilitates the public authorities' case of omissions and inactivity on behalf of the public reporting obligations. administration, the public seems to have difficulties in
obtaining legal standing to challenge the situation. For each Member State, the accessibility of Furthermore, bringing administrative cases to the courts environmental data (based on what the INSPIRE Directive seems to be expensive. The expected cost may prevent envisages) as well as data-sharing policies ('open data') the public to bring cases to the court. The existing legal have been systematically reviewed
137 .
assistance program does not seem to be sufficient to Spain's performance on the implementation of the
compensate for the expensive costs 132 . INSPIRE Directive as enabling framework to actively
disseminate environmental information to the public is
Suggested action good. Spain has indicated in the 3-yearly INSPIRE
• Take the necessary measures to ensure that the costs implementation report
138 that the necessary data-sharing
of legal challenges involving EU environmental law are policies allowing access and use of spatial data by not prohibitively expensive, and in line with the national administrations, other Member States' requirements of EU law as well as the Aarhus administrations and EU institutions without procedural
Convention. obstacles are available and implemented. In Spain, sharing of information between public bodies is well
defined by law. In case of environmental information,
data is made available under Law 27/2006 of 18 July 139 ,
Access to Information, knowledge and which incorporates Directives 2003/4/EC i 140 and evidence 2003/35/EC
141 . More than 30% of the Spanish
administrations have already released and published
The Aarhus Convention and related EU legislation on their spatial data as open data.
access to information and the sharing of spatial data Assessments of monitoring reports 142 issued by Spain and
require that the public has access to clear information on the spatial information that Spain has published on the
the environment, including on how Union environmental INSPIRE geoportal 143 indicate that not all spatial law is being implemented. information needed for the evaluation and
implementation of EU environmental law has been made
It is of crucial importance to public authorities, the public available or is accessible. The larger part of this missing and business that environmental information is shared in spatial information consists of the environmental data an efficient and effective way. This covers reporting by required to be made available under the existing businesses and public authorities and active reporting and monitoring regulations of EU dissemination to the public, increasingly through environmental law, though some elements are available.
electronic means. Suggested action
The Aarhus Convention 133 , the Access to Environmental
Information Directive 134 and the INSPIRE Directive 135 136 European Union, EU eGovernment Action Plan 2016-2020
together create a legal foundation for the sharing of Accelerating the digital transformation of government COM(2016) 179
environmental information between public authorities final 137
and with the public. They also represent the green part of Upon request by the Commission, most Member States provided an INSPIRE Action Plan addressing implementation issues. These plans are
currently being assessed by the Commission.
138 European Commission, INSPIRE reports 132 See study on access to justice in environmental matters in 139 https://www.boe.es/buscar/doc.php?id=BOE-A-2006-13010
2012/2013 140 European Union, Directive 2003/4/EC on public access to
133 European Union, Directive 2003/4/EC on public access to environmental information environmental information 141 Directive 2003/35/EC
134 European Union, INSPIRE Directive 2007/2/EC 142 Inspire indicator trends
135 European Commission, 2016. INSPIRE Directive 143 Inspire Resources Summary Report
Spain 33
• Identify and document all spatial data sets required for the implementation of environmental law, and make the data and documentation at least accessible 'as is' to other public authorities and the public through the digital services foreseen in the INSPIRE Directive.