Isabel Serra Sánchez, a Member of the European Parliament from The Left group, raises questions about potential EU law violations concerning the ACD Engaña construction project in northern Spain. This project involves reutilizing an old railway trackbed to create a shared path for cyclists and pedestrians leading to the Engaña tunnel, along with other infrastructure linked to a cable car intended to attract up to 130,000 visitors annually. The implications of these works could trigger reactions not only from environmental groups worried about Natura 2000 protected zones but also from local tourism and transport stakeholders eager for development.
Serra Sánchez submitted her written parliamentary question directly to the European Commission on 26 September 2025. She focused on the absence of environmental impact assessments (EIA) and assessments under the Habitats Directive for this project, as well as the irregular shortened public participation period. Her inquiry probes whether the Commission will scrutinize compliance with EU environmental legislation and the ‘Do No Significant Harm’ (DNSH) principle tied to NextGenerationEU funding.
The Commission’s reply clarifies that the ACD Engaña initiative does not fall under mandatory EIA project categories. Instead, under Habitats and Birds Directives, any significant impact on Natura 2000 sites should trigger appropriate assessments by national authorities, which also afford public legal recourse. The Commission emphasized coordinated procedures when multiple assessments overlap and reiterated that enforcement targets systemic violations, while national judicial remedies handle individual cases.
This dialogue reflects an underlying cleavage between ensuring rigorous environmental oversight versus promoting regional infrastructure development under EU funding schemes. It highlights tensions between strengthening EU environmental protections versus deferring to member states’ discretion and administrative frameworks.
local environmental NGOs concerned about Natura 2000 habitats; the Cantabrian regional government and its contractors pursuing infrastructure investment; tourists and local businesses anticipating increased access; and the European Commission, balancing enforcement of EU environmental legislation with the administrative realities of funded projects.
The Commission’s detailed response signals its commitment to monitoring compliance with EU legislation, particularly the DNSH principle, via ongoing oversight of Recovery and Resilience Plans. A formal response to Serra Sánchez’s question is an important institutional step indicating the Commission’s willingness to scrutinize member states’ adherence to environmental requirements linked to EU funds within set deadlines.
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