The European Commission (EC) has decided to take Spain to the Court of Justice of the European Union (CJEU) for prolonged non-compliance with EU legislation on urban wastewater treatment. The decision comes after years of warnings and proceedings opened by Brussels.
According to the Commission, Spanish authorities have not fully guaranteed the collection, treatment, and control of wastewater in dozens of urban centers, thus failing to comply with the obligations set out in the European Directive on urban wastewater treatment.
Deficiencies detected in dozens of municipalities
The European file indicates that Spain maintains irregularities in numerous points of the territory. Specifically, fifteen urban agglomerations still do not have adequate wastewater collection systems, or do not offer equivalent alternatives that ensure the same environmental protection.
Furthermore, thirty-nine agglomerations do not guarantee adequate secondary treatment, a mandatory requirement to reduce the pollutant load before discharge into the environment. Added to this are eight sensitive areas where treatment is insufficient, especially in areas vulnerable to eutrophication, a phenomenon that deteriorates water quality due to excess nutrients.
The Commission also criticizes that fifty-two conurbations lack effective controls over discharges, which prevents verification of whether facilities truly comply with the required standards.
Environmental and health risk
European regulations seek to prevent untreated wastewater from ending up contaminating rivers, aquifers, lakes, or coastal areas. Brussels recalls that the absence of adequate treatment can directly affect public health and ecological balance, in addition to aggravating problems related to water quality.
The directive obliges all member states to guarantee that municipalities with more than 2,000 inhabitants have effective sanitation and purification systems before releasing water into the natural environment.
An open procedure since 2017
The conflict between Brussels and Spain is not new. The Commission sent a first letter of formal notice in 2017 and issued a reasoned opinion in 2019, allowing time to correct the detected deficiencies. However, the Community Executive considers that the progress has been insufficient, which is why it has opted to take the case to the European Court of Justice.
The decision to go to the Court of Justice opens the door to a future conviction against Spain. In the event that the court confirms the breach, the country could face economic sanctions and coercive fines until the affected infrastructures are fully adapted.
possible eu sanctions
Spain could face million-euro fines and periodic sanctions if the Court of Justice of the European Union (CJEU) concludes that it continues to breach the directive on urban wastewater.
In this type of procedure, the CJEU can impose:
- A lump-sum fine (one-time payment).
- A periodic penalty payment as long as the non-compliance persists.
- Additional penalties if Spain fails to comply with the ruling.
Spain was previously sanctioned under this same environmental regulation. In 2018, the CJEU ordered the Spanish State to pay a fixed fine of 12 million euros, in addition to 10.95 million euros for each semester of delay in the adaptation of several treatment plants and sanitation systems.
The European Commission (EC) calculates these sanctions by taking into account:
- The seriousness of the environmental non-compliance.
- The length of time the infringement has gone uncorrected.
- The economic capacity of the sanctioned country.
- The deterrent effect of the fine to prevent recidivism.
If the court now considers that there is structural recidivism, Spain could face a combination similar to that of 2018. Tens of millions in initial sanctions and recurring payments until the pending infrastructure is corrected.
Furthermore, the political and financial cost could increase in two ways:
- Pressure on European funds linked to sustainability and ecological transition.
- Increased community oversight of hydraulic and purification investments.