Ref. Ares(2022)868178 - 07/02/2022
EUROPEAN COMMISSION
DIRECTORATE-GENERAL
ENVIRONMENT
The Director-General
Brussels
ENV.E.2/JMS/la/GESTDEM 2021/8054
Elena Sánchez Nicolás
E-mail:
ask+request-10322-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents - GESTDEM 2021/8054
Dear Ms Sánchez Nicolás,
I refer to your e-mail of 03.12.2021 whereby you made a request for access to documents
under Regulation (EC) No 1049/2001, registered under the reference GESTDEM
2021/8042. I apologise for the slight delay in replying to your request.
By e-mail dated 15.12.2021 (ref. Ares (2021)7755019), you were informed by the
Secretariat General of the Commission that your request had been split in two:
a) GESTDEM reference 2021/8042, attributed to DG ENV, on the fourth request of your
e-mail1, for which you received a reply on 10.01.2022 (ref. Ares (2022)144579), and
b) GESTDEM reference 2021/8054, initially attributed to DG MARE, on the first three
requests of your e-mail. As explained by e-mail dated 11.01.2022, DG ENV has now
taken over responsibility for the reply to these first three requests of your e-mail while
associating other relevant services within the Commission.
Specifically, you are requesting access to ”…
documents, e-mails, letters, memos
(including all attachments), reports, evaluations, briefings and analysis of any kind
which contain the following information:
“
1. All type of interactions between the regional government of Murcia and the EU
commission (including all competent DGs and the Secretariat General) over the state of
the lagoon Mar Menor since 2016.
2. All type of communications about Mar Menor between the cabinet of commissioner
Virginijus Sinkevicius and the regional government of Murcia, other competent
1
“
4. All responses of the Spanish government to the Letter of Formal Notice to Spain issued by the EU
Commission in November 2018 and to the Reasoned Opinion issued in June 2020 regarding the
ongoing infringement procedure of the Nitrates Directive.”
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: BRE2 10/371 - Tel. direct line +32 229-64968
regional/local authorities, the Spanish Institute of Oceanography and the national
Ministry for Ecological Transition.
3. All type of communications and data on EU subsidies/grants/and other forms of
funding given directly to Spain or the regional government of Murcia since 2016
targeting the Mar Menor lagoon.”
As regards your first request [“
All type of interactions between the regional government
of Murcia and the EU commission (including all competent DGs and the Secretariat
General) over the state of the lagoon Mar Menor since 2016] we have identified the
following documents/meetings where this topic has been discussed (exclusively or
together with other topics not relevant for your request):
a) DG ENV internal briefing note (ref. Ares(2016)5843154) for a meeting between
former Director-General DG ENV with the President of Murcia on 11.10.2016
(document 1).
b) Letter dated 28.11.2016, from the regional Minister of Water, Agriculture and
Environment to the former Director-General DG ENV (ref. Ares(2016)6702334)
(document 2).
c) Reply dated 23.12.2016, from the former Director-General DG ENV to the regional
Minister of Water, Agriculture and Environment (ref. Ares(2016)7160687) (document 3).
d) DG ENV internal briefing note (no reference) for a meeting between former Director-
General DG ENV with Regional Minister of Agriculture on 01.03.2018 (document 4).
e) DG ENV internal briefing note (no reference) for a meeting between former Director-
General DG ENV with the President of Murcia on 08.10.2019 (document 5).
f) Internal briefing note (ref. Briefing Note-1257) for a meeting between Commissioner
V. Sinkevičius with the Spanish Minister for Ecological Transition and Demographic
Challenge on 19.11.2021 (document 6).
As regards the second request (“
All type of communications about Mar Menor between
the cabinet of commissioner Virginijus Sinkevicius and the regional government of
Murcia, other competent regional/local authorities, the Spanish Institute of
Oceanography and the national Ministry for Ecological Transition”), we have identified
the following specific documents:
a) Letter dated 23.09.2021, from the President of the Region of Murcia to Commissioner
V. Sinkevičius (ref. Ares(2021)5815078) (document 7).
b) Reply dated 03.11.2021, from Commissioner to the President of Murcia (ref.
Ares(2021)7037567) (document 8).
Finally, concerning your third request (“
All type of communications and data on EU
subsidies/grants/and other forms of funding given directly to Spain or the regional
2
government of Murcia since 2016 targeting the Mar Menor lagoon”), we have identified
the following documents and data2 falling in your request:
a)
Inversión Territorial Integrada (ITI) del Mar Menor. Memoria Marzo 2017. Regional
Government (no reference) (document 9).
b)
Aplicación Práctica “ITI del Mar Menor y contribución de los Fondos FEMP,
FEDER y FEADER”. Regional Government (no reference) (document 10).
c)
Informe sobre avances en las actuaciones para la protección y recuperación del Mar
Menor. Febrero 2020. Regional government (no reference) (document 11).
d)
ITI Mar Menor Informe de seguimiento de la anualidad 2019. Enero 2021. Regional
government (no reference)
(document 12).
e)
ITI Mar Menor. Informe de seguimiento de la anualidad 2020. Marzo 2021. Regional
government (no reference) (document 13).
f)
Decreto n.º 42/2021, de 31 de marzo, por el que se aprueba la 'Estrategia de Gestión
Integrada de Zonas Costeras del Sistema Socio-Ecológico del Mar Menor y su Entorno',
- Boletín Oficial de la Región de Murcia, de 13-04-2021 (ref. Ares(2021)2861043)
(document 14).
g)
Convocatoria a la reunión del Comité de Seguimiento del Programa Operativo
FEDER de Murcia 2014-2020. 27.04.2021. Central authorities (ref. Ares(2021)2803830
(document 15).
h)
Aprobación de la “Estrategia de Gestión Integrada de Zonas Costeras del Sistema
Socio-Ecológico del Mar Menor y su Entorno”. 29.04.2021. Regional government (no
reference) (document 16).
i)
Reunión trilateral Murcia. 10.12.2021 (no reference) (document 17).
j) LIFE19 ENV/ES/000447 LIFE-DESIROWS3. The project aims to eliminate brine from
water desalination processes, reaching the crystallization of salts and improving the
quality of the reclaimed water for the agricultural sector at an affordable price and
achieving zero discharges to the Mar Menor Coastal Lagoon protected area. This is
expected to decrease the negative impact of the pollutants (salinity, nitrates, and
pathogens) on the ecological equilibrium of fauna and flora in the area (document 18).
k) LIFE19 NAT/IT/000264 LIFE-TRANSFER4. The project, amongst other objectives,
aims to reduce by 80% the area colonised by the invasive green algae Caulerpa prolifera
in the Mar Menor lagoon (Spain) (document 19).
l) LIFE14 ENV/ES/000849. LIFE SIAMEC5. The project demonstrates the anaerobic
treatment of municipal and industrial wastewater at ambient temperature in European
2
For data on related LIFE projects (either specifically targeted on Mar Menor or on water bodies in the
same basin) you can access the information through the links provided).
3
https://webgate.ec.europa.eu/life/publicWebsite/index.cfm?fuseaction=search.dspPage&n_proj_id=7640
4
https://webgate.ec.europa.eu/life/publicWebsite/project/details/5383
3
climates in order to obtain a technology that consumes less energy, produces less
biomass and has a lower integrated footprint for wastewater reclamation. This technology
overcomes the main drawbacks associated with anaerobic wastewater treatment at low
temperature – namely, greenhouse gas emissions and nitrogen removal (document 20).
m) LIFE14 ENV/ES/000150 LIFE STO3RE6. The project aims to implement an
innovative and cost-efficient technology to protect aquatic environments against
pollution caused by diffusion of nitrates and micropollutants. The technology will allow
conversion of manure and sludge from waste water treatment plants (WWTPs) into a
high environmental quality biofertiliser (document 21).
n) LIFE14 ENV/ES/000860 LIFE EFFIDRAIN7. The project demonstrates an integrated
real-time control (RTC) strategy for UDNs and WWTPs to minimise the discharge of
pollutants into receiving waters (document 22).
Having examined the documents requested under the provisions of Regulation (EC) No
1049/2001 regarding public access to documents, I have come to the conclusion that
documents 2, 3, 7, 8 may be disclosed. You can find a copy attached to this reply.
Documents 18, 19, 20, 21 and 21 can also be disclosed and are accessible through the
corresponding hyperlinks referred to in footnotes 3 to 7 to this reply.
Documents 9, 10, 11, 12, 13, 14 and 16, originating from the Member State, are already
publicly available. Therefore, pursuant to Article 4(4) of Regulation (EC) No 1049/2001,
these documents can be disclosed without prior consultation to the third party in order to
assess whether an exception in paragraph 1 or 2 is applicable. You can find a copy
attached to this reply.
As regards document 15 (also originating from the Member State but not publicly
available), on 21.01.2022 (ref. Ares(2022)484042), my services consulted the Member
State’s authorities to know whether they oppose disclosure of the concerned document or
parts of it, in accordance with Article 4(5) of Regulation (EC) No 1049/2001. Not having
received a reply from the Member State in due time, the Commission takes the view that
the authorities have failed to provide this institution with any reason objecting the
disclosure of this document. Despite the referred Member State failure to reply, my
services have carried out a
prima facie assessment of this document and concluded that
the document is not covered by any of the exceptions of Article 4 of Regulation
1049/2001. Therefore, we can also give access to document 15. You can find a copy
attached to this reply. Please note that, with regard to this document 15, a complete
disclosure of the identified documents is prevented by the exception concerning the
protection of privacy and the integrity of the individual outlined in Article 4(1)(b) of
Regulation (EC) No 1049/2001, because they contain the following personal data: the
names/initials and contact information of Commission staff members not pertaining to
the senior management. Article 9(1)(b) of the Data Protection Regulation does not allow
the transmission of these personal data, except if you prove that it is necessary to have
5
https://webgate.ec.europa.eu/life/publicWebsite/index.cfm?fuseaction=search.dspPage&n_proj_id=5296pa.
eu)
6
https://webgate.ec.europa.eu/life/publicWebsite/index.cfm?fuseaction=search.dspPage&n_proj_id=5218
7
https://webgate.ec.europa.eu/life/publicWebsite/index.cfm?fuseaction=search.dspPage&n_proj_id=5296
4
the data transmitted to you for a specific purpose in the public interest and where there is
no reason to assume that the legitimate interests of the data subject might be prejudiced.
In your request, you do not express any particular interest to have access to these personal
data nor do you put forward any arguments to establish the necessity to have the data
transmitted for a specific purpose in the public interest.
Consequently, I conclude that, pursuant to Article 4(1)(b) of Regulation (EC) No
1049/2001, access cannot be granted to the personal data contained in the requested
documents, as the need to obtain access thereto for a purpose in the public interest has not
been substantiated and there is no reason to think that the legitimate interests of the
individuals concerned would not be prejudiced by disclosure of the personal data concerned.
Finally, I also have examined the situation of documents 1, 4, 5, 6, and 17 under the
provisions of Regulation (EC) No 1049/2001 regarding public access to documents.
After careful consideration, I regret to inform you that your application, as regards these
documents, cannot be granted, as disclosure is prevented by an exception to the right of
access laid down in Article 4 of this Regulation.
a) Documents 1, 4, 5 and 6 are Commission-internal briefing notes reflecting
views and opinions for internal use as part of the deliberations and preliminary
consultations within the Commission regarding a possible infringement of EU law
(infringement procedure 2018/2250 on which, on 08.12.2021, the Commission decided to
refer Spain to the Court of Justice of the European Union for failing to take sufficient
action on nitrates pollution8).
Therefore, the exception laid down in Article 4(2) third indent of Regulation (EC) No
1049/2001 applies to these documents. Disclosure of the documents requested would
undermine the protection of the purpose of the referred ongoing infringement.
Furthermore, it would put in the public domain preliminary internal findings which have
not yet been confirmed and which may be rebutted by the entities subject to this
infringement; moreover, it may unduly interfere with the contradictory procedure and
may undermine the rights of the entities concerned.
In addition, disclosure of these documents would undermine the decision-making process
of the Commission in relation to the handling of infringement procedures, as it would
reveal preliminary views and policy options which are currently under consideration.
More specifically, the scope of the infringement procedure regarding the area of Mar
Menor and the different options at stake to tackle the identified breaches of EU law. The
Commission's services must be free to explore all possible options in preparation of a
decision free from external pressure. Therefore the exception laid down in Article 4(3)
first subparagraph of Regulation (EC) No 1049/2001 also applies to these documents.
I should also point out that, having carefully examined your request, I have been unable
to identify the existence in this particular case of an overriding public interest that would
justify the disclosure of the requested documents. I have also considered the possibility
of a partial release of the requested documents, in accordance with Article 4(6) of
Regulation 1049/2001. However, the documents are covered in their entirety by the
exceptions under Article 4(2), third indent and Article 4(3) first subparagraph of
Regulation (EC) No 1049/2001, and such partial disclosure is not possible.
8
https://ec.europa.eu/commission/presscorner/detail/en/ip_21_6265
5
b) Document 17 concerns an internal e-mail shared between Commission staff
and representatives of the Spanish central and regional authorities of Murcia after a
meeting held last December 2021 to examine, assess and resolve the problems
encountered in the implementation of the 2014-2020 ERDF Operational programme for
Murcia; the React-EU branch of the programmes; the ITI Mar Menor; and the objectives
of both regional and central authorities as regards the programming period 2021-27.
Disclosure of this confidential internal document would seriously undermine the
decision-making process of the Commission as it relates to a matter where the decision
has not been taken by the institution. Actually, the official negotiation with the Spanish
authorities for the next programming period 2021-2027 (including the ITI) has not started
yet. The outcome of that decision-making process has a definite impact, in particular on
the follow-up to the operational programmes and the ITI Mar Menor.
The Commission's services must be free to explore all possible options in preparation of
a decision free from external pressure. Therefore the exception laid down in Article 4(3)
first subparagraph of Regulation (EC) No 1049/2001 also applies to these documents.
I should also point out that, I have been unable to identify the existence in this particular
case of an overriding public interest that would justify the disclosure of the requested
document. I have also considered the possibility of a partial release of the requested
document, in accordance with Article 4(6) of Regulation 1049/2001. However, the
document is covered in its entirety by the exceptions under Article 4(2), third indent and
Article 4(3) first subparagraph of Regulation (EC) No 1049/2001, and such partial
disclosure is not possible.
In accordance with Article 7(2) of Regulation (EC) No 1049/2001, you are entitled to make
a confirmatory application requesting the Commission to review this position.
Such a confirmatory application should be addressed within 15 working days upon receipt
of this letter to the Secretariat-General of the Commission at the following address:
European Commission
Secretariat-General
Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076
B-1049 Brussels
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
Electronically signed
Florika FINK‑HOOIJER
6
Electronically signed on 04/02/2022 17:30 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482