Spanish environmental law undermined
The draft law on “urgent environmental measures” (Proyecto de Ley de medidas urgentes en materia de medio ambiente (procedente del Real Decreto-ley 17/2012, de 4 de mayo)), which was approved by the Spanish Senate, introduces important changes to Spain’s legislation on water, natural heritage and biodiversity, waste and contaminated soils.
Among many provisions that reportedly aim to simplify Spain’s environmental legislation, the draft law allows for water transfer projects upon justification that the “good conservation status” of another water body is to be achieved. At first glance, this provision appears to violate the 33rd objective of the Water Framework Directive, which states that “The objective of achieving good water status should be pursued for each river basin, so that measures in respect of surface water and groundwaters belonging to the same ecological, hydrological and hydrogeological system are coordinated”. …
The draft law also legalises illegal irrigation wells in the Upper Guadiana. Regarding habitat protection, the text seeks to "unify regulations contained in the various different classifications of protected habitat". It goes on to state that management plans for these areas should "give special consideration to the needs of those municipalities" situated within them.
Sources: WWF Spain (May 2012), WWF Spain’s report “The water fiasco of Upper Guadiana” (in Spanish), draft law (in Spanish)