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Environmental disputes

During 2016, 87 new environmental disputes were started, which brought the number of legal proceedings open at December 31, 2016 to 569 for Generation, Renewables and Distribution (civil and criminal defense proceedings in environmental cases in which legal action has been brought against the Group and those originating from third party appeals for the annulment of favorable administrative orders). Around 80% of the proceedings concern the electricity distribution grid. In 2016, 82 proceedings were closed.

The amount of the fines imposed on Group companies in 2016 totaled around 2 million euro. This amount includes also the fines which are being appealed and for which a temporary execution order has not been granted. In addition, further environmental fines were imposed for a total of around 17.9 million euro in relation to years prior to 2016, deriving from the activity of the nuclear power plants in Spain. Of this amount around 15 million euro relates to a fine which has been challenged and the execution of which was suspended pending the settlement of related proceedings. For a description of the state of proceedings reference should be made to the Endesa Sustainability Report (chapter 5.7). Details on the most significant disputes at Group level are set out in this Report in the chapter “Responsible relationships with communities” and in the Annual Report.

Colombia - Embalse del Muña dispute

In 2001 the inhabitants of Sibaté (department of Cundinamarca) started a class action against the Group company, Emgesa SA, with the national, provincial and municipal bodies, as well as private individuals who work near the banks of the Bogotá river, for damage and harm arising from the contamination of the Muña basin. Emgesa SA’s involvement arises from its pumping of contaminated water from the Bogotá river. The requests from the plaintiffs have been incorporated in a single proceeding, since they regard similar interests. In response to these requests, Emgesa SA has objected that it is not responsible for the contested events stating, among other things, that the basin receives water which is already contaminated.
The initial request from the plaintiffs is around 850 million euro. Emgesa SA has asked for the involvement in the proceedings of numerous public and private bodies which discharge into the Bogotá river or which, for whatever reason, are responsible for the environmental management of the river bed. At the appeal stage the Council of State confirmed in full the decision of the Administrative Court of Cundinamarca which had, among other things, denied the request for enforcement to appear made by the company against the various bodies involved. An administrative appeal was made against this decision and in parallel an appeal was presented. The outcome of these proceedings is awaited.

Reference SDGs: 
Main actionsTargets
Reduction of SO2 specific emissions-30% by 2020 (vs. 2010) 
Reduction of NOx specific emissions-30% by 2020 (vs. 2010) 
Reduction of particulates -70% by 2020 (vs. 2010)
Reduction of specific water consumption-30% by 2020 (vs. 2010)
Cabling ratio74% by 2019
Reduction of waste produced-20% by 2020 (vs. 2015)
Implementation of biodiversity plan
Continuation of protection of species in the “Red List” of the International Union for the Conservation of Nature and Natural Resources (IUCN) in the protected areas near plants
Circular economy

Adoption of a systematic approach to the circular economy in the Group Launch of project to assess circular economy impacts Coherent application of the principles of
the circular economy to Future-e projects, considering the circular economy as a key factor in developing the projects

Sustainability Plan 2017-2019