MIL-OSI Europe: Answer to a written question – Suspension of the Altri project in A Ulloa for potential breach of EU legislation and the project’s serious environmental and socio-economic consequences – E-001598/2024(ASW)

As the Commission stated in its reply to Written Question E-001055/2024, it appears from the available information on the project referred to by the Honourable Member that the relevant environmental impact assessment procedure pursuant to the Environmental Impact Assessment (EIA) Directive[1] is currently underway and the project has not received development consent at this point. It is therefore too early to verify compliance with the applicable EU law.

The Commission expects the responsible regional authorities to ensure that a robust environmental impact assessment be conducted in light of all relevant environmental objectives to ensure that the project complies with applicable legislation, particularly the Nature[2] and the Water Framework[3] Directives.

Regarding the main water body potentially impacted by the project, reported to be in less than good ecological potential, the authorities must in principle ensure that no further deterioration occurs and that the project does not prevent it from reaching good status.

Without prejudice to the Commission’s role as guardian of the Treaties, Member States are primarily responsible to ensure compliance with EU law.

National means of redress are available, and, in case of alleged breaches of the law, the competent national Courts could order the suspension of the project, where appropriate.

• [1] 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.
• [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); 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
• [3] Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy — OJ L 327, 22.12.2000, p. 1-73.