Port of Málaga (Spain)

EN E-002831/2018 Answer given by Mr Vella on behalf of the Commission (3.7.2018) The Environmental Impact Assessment (EIA) Directive applies to a wide range of public and private projects, defined in Annexes I and II thereto, including urban development projects whereas the Strategic Environmental Assessment (SEA) Directive applies to a wide range of public plans and programmes that are prepared or adopted by an authority (at national, regional or local level) and required by legislative, regulatory or administrative provisions. Consequently, an environmental assessment under the SEA Directive is not required for projects, such as the project of hotel referred to by the Honourable Member. There are no indications that the provisions of the EIA Directive have been disregarded in this case. On the contrary, it appears from the information provided by the Honourable Member that the project of skyscraper hotel has been the object of an environmental impact assessment. Under the EIA Directive, it is up to the competent authority/authorities to grant or refuse development consent for a project that was subject to an EIA procedure. Member States designate the competent authorities to perform the duties arising from the Directive in accordance with their own legal system. Finally, the Commission recalls that a system of administrative and judicial review of the decisions, acts or omissions taken by the authorities during the environmental impact assessment procedure is available to the concerned public, as provided by the EIA Directive.