The Diplomat
The European Commission has initiated an infringement proceeding against Spain for failure to comply with a judgment of the Court of Justice of the European Union (CJEU) that required it to take measures to protect the Doñana wetland and has warned that, if within two months it does not demonstrate its intention to execute this judgment, it will take the case back to the European Court of Justice to claim a fine.
In June 2021, the Court of Justice of the European Union put an end to a procedure initiated in 2014 by the Commission to claim Spain to act against the deterioration of natural habitats in the environment of the Doñana National Park “mainly due to the overexploitation of aquifers by the intense irrigation works and the demand of tourist facilities”.
In that judgment, the Court reported that Spain “had failed to ensure sustainable management of the groundwater bodies feeding the Doñana wetlands, as required by the Water Framework Directive”, referring to illegal water abstractions and groundwater abstractions in the region for urban supply. Spain also failed to adopt measures under the Habitats Directive to halt the deterioration of protected natural habitats at several sites in the EU’s Natura network of protected natural areas designated by the Spanish authorities around and within the Doñana national park.
Despite that ruling, the problems detected remain unresolved. Therefore, after exchanging data with the Spanish authorities and compiling scientific information on the matter, the Commission reported last Thursday that the measures implemented by Spain “are insufficient to put an end to the infringement declared by the Court”, so it has sent a letter of formal notice in which it calls on Spain to submit its observations on the issues identified by the Commission. If it does not demonstrate that it is on track to comply with the judgment, the Commission has threatened to refer the case back to the Court “and request that financial penalties be imposed on Spain”.
According to Brussels, the Doñana wetland is among the largest in Europe and presents a great diversity of ecosystems, with an important sample of flora and fauna that includes species in serious danger of extinction such as the imperial eagle, the Iberian lynx and the black-headed turtle. Due to its strategic location, Doñana is also part of the migratory route taken by millions of birds every year. Such unique biodiversity is protected by the EU Habitats Directive and the EU Birds Directive, as Doñana National Park and the surrounding area contain several sites with designated Natura 2000 areas.
The conservation of wetlands depends on the existence of good quality water in sufficient quantities, as many of the habitats they contain are full or soaked with water for at least part of the year. This is, moreover, a legal imperative under the Water Framework Directive, under which groundwater bodies must be in “good quantitative status”, i.e. have sufficient water to sustain the ecosystems on which they depend.
Doñana, in particular, is fed by several surface water bodies (mainly the Guadalquivir estuary) and an extensive aquifer (groundwater body). However, the diversion of large quantities of water for both agriculture and the needs of local tourists is depressing the water table. The abrupt decline in groundwater levels has increased the vulnerability of Natura 2000 sites to dry seasons in the area and has led to their further deterioration.
