Communication relating to multiple complaint 2002/4383

Proposal to close the case

(2005/C 248/03)

From its correspondence with the Spanish authorities, the Commission has learned that part of the exploratory operations involved in this case had already been carried out in 2003 and that the second stage is still awaiting authorisation The Spanish authorities have confirmed that, before the granting of authorisation, the operations had been and will be subject to an impact evaluation study. An environmental management plan and an environmental incidents plan will also be prepared in order to minimise their effect on the environment. Not enough information is available to the Commission to enable it to establish beyond doubt that there is no cause-and-effect relationship between the proposed exploration and cetacean life. Moreover, the evaluation operations and the management plans provided for by the Spanish authorities should help identify and minimise any negative effects the projects could have on the species of marine mammals in the area. For these reasons, the Commission will take a decision to close the case at one of its forthcoming meetings. However, any additional factual information pointing to an infringement will be taken into account by the Commission.