Reasoned opinion to Spain for failing to comply with the Services Directive when granting coastal concessions

Question for written answer E-003057/2024
to the Commission
Rule 144
Ana Miranda Paz (Verts/ALE)

On 16 December 2024 the Commission decided to send a reasoned opinion to Spain (INFR(2022)4121) for failing to comply with the Services Directive[1] for the award and extension of concessions by the Spanish authorities, in particular concessions in the coastal public domain. According to a ruling of the Court of Justice of the European Union of 20 April 2023, Member States have the obligation to award these concessions through an 'impartial and transparent selection procedure', and it invokes Article 288 of the Treaty on the Functioning of the European Union.

As already mentioned in question E-001499/23, the concession granted to the paper company Ence in the Pontevedra estuary was extended for 75 years until 2073 on the basis of the Spanish Coast Act, without an open selection procedure and therefore in breach of the Services Directive.

In view of this:

• 1.For what specific reasons has the Commission sent this reasoned opinion to the Spanish state?
• 2.Can the Commission grant access to this reasoned opinion?

Submitted: 19.12.2024

• [1] Directive 2006/123/EC of 12 December 2006 on services in the internal market, OJ L 376, 27.12.2006, p. 36, ELI: http://data.europa.eu/eli/dir/2006/123/oj.