The filing of an appeal administrative litigation against the dismissal of the appeal filed against the Resolution of August 11, 2014, the Directorate General for Energy Policy and Mines, authorizing Petroleum Research Repsol SA, executing exploration wells in permits hydrocarbon research 'Canary 1 "to" Canarias 9 » , published in the Official Gazette on August 13, 2014. The Minister of Environment, Natalia Évora, explained that "we will do everything in our power to stop the madness of Repsol oil and PP government..."
All this understanding that it has failed specifically Directive 2011/92 of EIA and Habitats Directive 92/43 of the European Union. Besides the Cabildo of Fuerteventura and acts in defence of the interests of protection against risks occur and effects that can produce actions authorized in the Isle of Fuerventura in their natural environment and activities that constitute its economic and social support as the tourism, recreation or fishing.
The council believes there are "multiple and severe shortcomings of a procedural nature and content of the case involving causes of nullity of Article 62.1 of the Law 30/1992", so be asked the Ministry to "remember suspend immediate implementation of the act that are used, also suspend the execution of all acts arising from research permits Canary 1-9, and agreed to review the contested proceeding to the suspension of authorizations requested by the operator and also take all necessary measures to prevent definitively all hydrocarbon exploration in the Canary Islands "measures. Among the reasons for contesting such authorization the following are noted:
Reasons for direct challenge
1.1. Infringement of the rights to information, participation and defend the legitimate interests of citizens and Canarian institutions and the public.
In the office of the Director General for Energy Policy and Mines, Jaime Suárez Pérez Lucas, of 14 June 2014 concerning the hearing process, not revealed taking proceedings to stakeholders so that there was a breach of this warranty set out in Article 84.1 of Law 30/1992.
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The decision of the Director General for Energy Policy and Mines, Jaime Suárez Pérez-Lucas, on August 11, 2014 by authorizing Petroleum Research Repsol SA, executing exploration wells in oil exploration permits' Canary 1 » to 'Canary 9 "has not been considered, nor has answered the allegations and comments made, nor has motivated sufficiently the decision in breach of Article 89 of Law 30/1992 and Articles 1 and 6 of 1998 Aarhus Convention and Articles 6 and 8 of Directive 2011/92.In the office of the Director General for Energy Policy and Mines, Jaime Suárez Pérez Lucas, of 14 June 2014 concerning the hearing process, allegations within ten days was granted to argue and present the documents and justifications it deems appropriate under Article 84.2 of Law 30/1992.
In determining that period was not taken into account the extraordinary breadth and technical complexity of the case (oil wells in deep sea waters and associated risks) and that these characteristics in any case requires a scientific, professional and multidisciplinary specialized knowledge. Not taking into account these circumstances constitutes a violation of the right to public participation in environmental provisions of the Aarhus Convention 1998 and Directive 2003/35 and the principle of proportionality must inform the activity of public administrations.
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