# CE2004088EN.01023401.xml

| 8.4.2004 | EN | Official Journal of the European Union | CE 88/234 |
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8.4.2004

EN

Official Journal of the European Union

CE 88/234

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(2004/C 88 E/0237)

WRITTEN QUESTION E-0845/04

by Giorgio Celli (Verts/ALE) to the Commission

(19 March 2004)

Subject:   Construction of a ‘health and wellness centre’ in the wetland of Es Salobrar — Es Trenc, Mallorca, Balearics

Subject:

On 22 December 2003 the government of the Balearics approved, by virtue of the law on tax and administrative measures accompanying the budget, an additional provision allowing the town council of Campos (Mallorca) to build a ‘health and wellness centre’ in the wetland of Es Salobrar — Es Trenc. The land concerned covers an area of 70 000 square meters. The term ‘health and wellness centre’ actually refers to the extension of the building land belonging to a former lido in order to build a luxury hotel. The developer is the German company ‘Dieter Steymachec’.

This will have a serious impact on the environment and the landscape. The wetland is of great environmental value and is one of the most exceptional natural landscapes on the island of Mallorca containing seventeen different types of habitat on an unspoilt stretch of coastline. It is an important passage area for migratory birds, in particular shore birds, as well as a breeding area for birds such as black-winged stilts, avocets, Kentish plovers, Marmora's warblers and stone curlews. The wetland was declared a special bird protection area (No 198709) and site of Community interest (No 200007) in accordance with Directive 92/43/EEC (1) on habitats and Directive 79/409/EEC (2) on wild birds.

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Is the Commission already aware of this project?

Since it is not a project of priority public interest, how can its construction be allowed in an area proposed as part of the Natura 2000 network?

What steps will the Commission take to protect the wetland in question and to ensure that the building project is carried out elsewhere, if necessary?

Can the Commission say whether the project in question is being co-financed by the Community?

Answer given by Mrs Wallström on behalf of the Commission

(30 April 2004)

(30 April 2004)

The Commission was not aware of the project referred to by the Honourable Member: construction of a ‘health and wellness centre’ in the wetland of Es Salobrar — Es Trenc, in the south of the island of Mallorca, which might involve the construction of a luxury hotel in the area.

The Commission has checked that the site in question has been classified as a special protection area (SPA) for birds pursuant to Article 4 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (3).

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It should be noted that the Spanish authorities have also proposed the ‘Es trenc — Salobrar de Campos ES0000037’ site, which covers an area of 1 442 hectares, as a site of Community importance (SCI) for future inclusion in the Natura 2000 network under the terms of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (4).

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The Commission has contacted the Spanish authorities to seek their comments on how the abovementioned Directives have been enforced in this particular case and to determine whether the project in question is likely to have a significant effect on the site in terms of the objectives of Directive 92/43/EEC, in which case the procedure laid down in Article 6 thereof would have to be applied.

In any event, the Commission, as guardian of the Treaties, will take the necessary steps to ensure that Community law is complied with in this case.

It should also be pointed out that investments in the health sector are not eligible for co-financing under the European Regional Development Fund (ERDF) in Objective 2 regions. However, aid for hotel and tourism enterprises may be assisted under that Fund.

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(1)  OJ L 206, 22.7.1992, p. 7.

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(2)  OJ L 103, 25.4.1979, p. 1.

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(3)  OJ L 103, 25.4.1979.

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(4)  OJ L 206, 22.7.1992.

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