According to Europa Press, Antonio Muñoz, spokesman for environmental group in the Campo de Gibraltar, has announced the offense is particularly referred to the Council Directive 85/337/EEC of 27 June 1985 on the assessment of the impact of certain public and private projects on the environment as consolidated by the modifications under Council Directives 97/11/EC of 3 March 1997 and 2003/35/EC of the European Parliament and Council of 26 version May 2003 (repealed by Directive 2011/92/EU).
Muñoz explained that, after obtaining diverse information from the European Parliament or the Ministry of Foreign Affairs of Spain, Verdemar concludes that the "UK clearly violated" the obligations under article seven of Directive 85/377/EEC.
This article states that "if a Member State is aware that a project may have significant effects on the environment in another Member State or where a Member State likely to be significantly affected so requests, the Member State in whose territory it is to carry out the project sent to the Member State concerned as soon as possible and no later than when informing its own citizens, "a description of the project along with all available information on its possible transboundary effects.
It also states that provide it with information on the nature of the decision to be taken, and shall give the other Member State "means a reasonable period to indicate whether to participate in the proceedings of environmental decision-making."
It also means that member states concerned, each insofar as it is concerned, you need to have this information shall be set "for a reasonable period of time" available to the authorities and the public in the territory of the State that be affected significantly.
They must also ensure that those authorities and the public concerned are given the opportunity to send your opinion "before development consent for the project is granted."
In this regard, as "quite enlightening" the letter that the former Minister of Foreign Affairs of Spain Miguel Angel Moratinos Verdemar referred to the July 15, 2005 reporting that he had directed two communications to the UK requesting information on draft described fillers and granting reasonable to decide on their participation in the environmental assessment process, "without UK gave a full answer" period.
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DOUBLE VIOLATION
Since no information on the project is made available to the population of the Member State likely to be affected, Verdemar understands that "the breach of the Directive is twofold."
It further alleges that this violation "also covers the requirements of Article 6 of the Convention of the UNECE on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention) in relation to public participation in decisions on activities that may have a significant effect on the environment ", signed by the European Community on 25 June 1998 and ratified on February 17, 2005.
Therefore, the environmental group asked to be taken by written and submitted to agree the opening serve against UK, the relevant procedure outlined infringement of Community law.
