On behalf of Bancs Publics, on the approval and funding of the Epervière aqua park in Valence-Drôme (France) 

This petition concerns the Epervière aqua park, which opened at the end of 2019 and which the petitioner argues is in breach of EU law. On the basis of Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment and the Air Quality Directive (2008/50/EC), a sporting or recreational facility, such as an aqua park, should not have been authorised for construction in the immediate vicinity (within less than 70 metres) of a significant emissions’ source for the agglomeration (namely the A7 motorway). The petitioner also raises concerns about the financing of the project, arguing that it did not qualify for public support under EU competition law, since the service it provides does not constitute one of general economic interest pursuant to the Altmark judgment. The Auvergne-Rhône-Alpes Court of Auditors also found in its report of 4 October 2019 that 98.5% of the Epervière aqua park appeared to have been financed using public money, with no private contribution, even though a concession agreement was signed with the private company SPIE Batignolles. The petitioners are bringing the matter to the attention of the Committee on Petitions so that it can follow it up with the European Commission and the French authorities.