Updated 06/18/2019 11:46:18 CET
MADRID, Jun. 18 (EUROPA PRESS) –
The Government has decided to study, within the framework of the Bilateral Commission for Cooperation with the Balearic Islands, the constitutionality or otherwise of the Climate Change Law of the Autonomous Community, approved on February 12 and which, among other points, contemplates the prohibition of access of diesel vehicles to the region since 2025.
As published on Tuesday the Official State Gazette (BOE), an agreement has been reached by the Bilateral Cooperation Commission of the Central Administration with the Balearic Islands to start negotiations in order to resolve the discrepancies with certain articles and provisions of the regulation.
For this reason, a working group is appointed to propose to the said Bilateral Commission the possible solution reached in relation to this conflict, at the same time that said agreement will be communicated to the Constitutional Court.
Thus, the objective of this Bilateral Commission is to review, through different meetings, the constitutionality of the third additional provision, third paragraph in relation to article 67 of the law, which is the one that includes the veto on access to diesel cars to the region since 2025 and the prohibition for the rest of polluting vehicles since 2035.
It will also be analyzed, as part of this Commission, that Article 14.2, on saving and energy efficiency objectives, as well as 20.1, on the climate perspective in the planning instruments, comply with the legislation.
Another article that will be reviewed will be the 23, in which different concepts related to the environmental assessment are collected, while article 68.3, on general provisions on emissions, will also be studied.
Legal sources explained to Europa Press that the formation of this bilateral body occurs when the Government detects that certain articles or parts of a regulation may incur some type of unconstitutionality.
In this way, this Commission will analyze the regulations, determine if there are points in the standard that are unconstitutional and present a solution or modification of the text. This figure has a period of nine months from its creation to reach a conclusion.
In the event that no agreement is reached on the legality of the Law on Climate Change and Energy Transition of the Balearic Islands, it would be passed to the courts and to the presentation of an unconstitutionality appeal.
BALEARIC LAW
The Parlament de Baleares approved on February 12 the Law on Climate Change and Energy Transition of the region, which, in addition to the restrictions on diesel since 2025 and the prohibition on combustion vehicles since 2035, also includes the objective of having 1,000 electric car recharging points in 2025 and have a decarbonized mobile fleet in 2050.
Other highlights of this regulation are the progressive closure of polluting power stations, starting with Es Murterar (Mallorca) since 2020, although it also affects those of Mahón, Ibiza and Formentera.
Likewise, it obliges the large surface car parks to install canopies with solar panels and also contemplates the creation of the Balearic Energy Institute, which will be able to start up or participate in companies to commercialize electric power under a free competition regime.
COMPLAINT OF ANFAC
The Spanish Association of Manufacturers of Automobiles and Trucks (ANFAC) denounced to the European Commission the decision to prohibit the circulation of diesel vehicles in the Balearic Islands and also to the Council for the Market Unit, under the Ministry of Economy and Finance.
Before the formation of this Bilateral Commission, Anfac sources told Europa Press that they think this decision is “reasonable” and that they value positively the creation of this figure and, with it, the fact that the central government feels study the content of this law, which they consider “regressive and discriminatory”.
“We think it is reasonable that they sit down to talk because, clearly, there are discrepancies between this norm and the Spanish legal system, in the sense that it goes against the rules of market unity,” they stressed.
Also, said sources said they are waiting “soon” news from Brussels and explained that it would have to be Europe that gave a common framework to all countries regarding the marketing or circulation of diesel vehicles and gasoline in the future.
“At the moment, the way it establishes is the achievement of certain emissions reduction targets, increasingly demanding, and in that way we position ourselves,” affirmed Europa Press from the association of car manufacturers.