MIL-OSI Europe: Answer to a written question – Commission opinion on the amendment of Law 5/2018 on the Horta of Valencia in the Valencian Country – E-000780/2025(ASW)

There is no EU legislation on the conservation of traditional landscapes or requiring climate resilience in vulnerable areas. However, the ‘Horta de Valencia’ is partially included in the Natura 2000 network[1], protected under the Habitats[2] and the Birds[3] Directives.

Natura 2000 sites or parts of them can only be de-designated under very strict conditions[4], and are protected under the regime set out in Article 6 of the Habitats Directive. The Commission has issued guidance documents to support Member States in the management of Natura 2000 sites[5].

Furthermore, the Nature Restoration Regulation[6] sets out a number of country-wide binding restoration targets for specific habitats and species including in urban and agricultural ecosystems. Member States must submit National Restoration Plans to the Commission by mid-2026, showing how they deliver on the targets.

In addition to the above-mentioned provisions of EU law on nature protection and restoration, any project, plan or programme likely to have significant effects on the environment will have to comply with the relevant requirements of the Environmental Impact Assessment[7] or the Strategic Environmental Assessment[8] Directives.

In any case, it should be borne in mind that Member States are primarily responsible for ensuring compliance with EU law. In line with its strategic approach on enforcement action[9], which focuses on cases of systemic non-compliance, the Commission considers that the means of redress available under national legislation would be the most appropriate mechanism to address individual cases of possible non-compliance.

However, in its role as guardian of the Treaties, the Commission will continue monitoring the situation and may decide to take appropriate action.

• [1]  L’Albufera (SiteCode: ES0000023), l’Albufera (ZEPA) (SiteCode: ES0000471).
• [2] Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992, p. 7-50.
• [3] Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (Codified version), OJ L 20, 26.1.2010, p. 7-25.
• [4] https://circabc.europa.eu/ui/group/fcb355ee-7434-4448-a53d-5dc5d1dac678/library/8555aa28-9fb6-411f-8228-f8c99b296564/details
• [5] https://op.europa.eu/en/publication-detail/-/publication/9a406f60-be3c-11e9-9d01-01aa75ed71a1
• [6] Regulation (EU) 2024/1991 of the European Parliament and of the Council of 24 June 2024 on nature restoration and amending Regulation (EU) 2022/869 (Text with EEA relevance) — OJ L, 2024/1991, 29.7.2024.
• [7] Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment, OJ L 26, 28.1.2012, p. 1-21, as amended by Directive 2014/52/EU of 16 April 2014 — OJ L 124, 25.4.2014, p. 1-18.
• [8] Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment, OJ L 197, 21.7.2001, p. 30-37.
• [9] As set out in the communication of 19 January 2017 (EU law: Better results through better application — C/2016/8600, OJ C 18, 19.1.2017, p. 10-20) and in the communication of 13 October 2022 COM(2022) 518 final — Enforcing EU law for a Europe that delivers.