Europos ombudsmenas

The European Ombudsman, P.Nikiforos Diamandouros, has opened an inquiry into whether the European Commission acted within its legal authority by not pursuing the Spanish authorities for their decision to authorise the development of an industrial harbour in Granadilla, on the island of Tenerife (Spain). According to the complainants, the Commission, arguing that there were no alternatives, had concluded that the Spanish authorities did not violate EU law, notwithstanding the negative environmental impact of the project.

The Ombudsman has received around 5,000 complaints about this matter, the largest ever mass mailing to his office. In view of the large number of complaints and the significant public dissatisfaction linked to this issue, he decided to open an own-initiative inquiry. All of the material concerning the inquiry has been posted on the Ombudsman's website at:

http://www.ombudsman.europa.eu/cases/correspondence.faces/en/3566/html.bookmark

Background

The complaints concern the Commission's conclusion, in its role as "Guardian of the Treaty", that the development of the industrial harbour would not be contrary to the EU Directive 92/43/EEC on the conservation of natural habitats, wild fauna and flora. The complainants argue that the project will have a negative environmental impact on two neighbouring natural areas which have been declared protected sites under that Directive. They state that while the Commission has recognised the negative environmental impact, it nevertheless did not find the project contrary to EU law, arguing that there were no alternative solutions. The complainants claim that a number of alternatives, such as the enlargement of the existing port of Santa Cruz, are in fact feasible, but allege that the Commission has refused to consider them.

Following the announcement of this inquiry on his website, the Ombudsman has received a large number of emails expressing support for the development of the project. The Ombudsman underlines that his inquiry does not relate to the merits of the project, or whether or not it should be carried out, but aims solely to investigate the actions of the Commission, in its role as Guardian of the Treaty.

The Commission should respond to the Ombudsman's request by 30 April 2006.

For information about the inquiry: José Martinez-Aragon, Principal Legal Adviser, tel. +33 388 17 2401