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Brussels warns Spain for not implementing the directive allowing compensation for industrial pollution

The European Commission gives Spain two months to complete the transposition of the industrial emissions directive, including health damage compensation rights.

Beatriz Lorenzo Aguirre
Beatriz Lorenzo Aguirre
· 2 min read
AIIllustrative image: industrial chimney emitting steam with the sky in the background
Illustrative image: industrial chimney emitting steam with the sky in the background

The European Commission has sent a letter of formal notice to Spain for not fully incorporating the directive on industrial emissions, which was supposed to be in force since July 1. The regulation introduces the right to claim compensation for health damage caused by environmental breaches.

Spain has two months to respond to the European Commission and notify the missing measures to complete the transposition of the directive on industrial and livestock emissions. The deadline for incorporating it into national law ended on July 1, 2026, and no member state has fully complied, according to OK Diario.

Brussels has sent a letter of formal notice to the 27 countries of the European Union, including France, Germany, Italy, Portugal, Belgium, and Sweden. This is the first formal warning in the infringement procedure. If Spain does not respond satisfactorily within this period, the Commission may issue a reasoned opinion and, if the non-compliance persists, take the case to the Court of Justice of the European Union.

The regulation includes a new feature that directly affects citizens and businesses: it recognizes the right to claim compensation for health damage resulting from a breach of environmental obligations. It is not enough to live near a polluting facility; there must be a specific detriment to health and a direct link to the regulatory breach.

The party responsible for compensation can be a natural or legal person, including companies managing facilities subject to these obligations. Furthermore, national procedures cannot practically hinder the exercise of this right. The deadline for claiming will not start until after the infringement has ended and the affected party is aware, or could reasonably be aware, of the damage and its connection to it.

The pending transposition affects industries and livestock operations subject to emissions regulations. Spain must detail in its response which provisions it has already approved and which remain to be incorporated before the two-month deadline expires.

Beatriz Lorenzo Aguirre

Written by

Beatriz Lorenzo Aguirre

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