# CE2004078EN.01003202.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/32 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/32

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(2004/C 78 E/0033)

WRITTEN QUESTION E-1432/03

by Pierre Jonckheer (Verts/ALE) to the Commission

(24 April 2003)

Subject:   Open-cast coal mine in northern Leon (Valle de Laciana, Spain)

Subject:

On 14 June 1999, the Department of the Environment and Regional Planning for Castille and Leon adopted the environmental impact statement for the exploitation of the Fonfría open-cast mine in view of the measures proposed in the environmental restoration plan and monitoring plan, with it being understood that these measures would help improve the current state of the environment and leave the landscape much the same as it was originally. This approach is inadmissible because it fails to take into account many factors.

In particular (1):

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| (a) | the survey does not fulfil the requirements of Decree No 209/1995 of 5 October 1995 since the members of the drafting team did not have the qualifications required by that decree (biologist or environmental engineer); |
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(a)

the survey does not fulfil the requirements of Decree No 209/1995 of 5 October 1995 since the members of the drafting team did not have the qualifications required by that decree (biologist or environmental engineer);

| (b) | despite the fact that Decree No 108/1990 of 21 June 1990 granted protected status to brown bears in Castille and Leon and introduced a recovery plan for the brown bear, and that under Royal Decree No 439/1990 of 30 March 1990 brown bears were declared a protected species in danger of extinction, open-cast mining has been permitted in the bears' natural habitat; |
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(b)

despite the fact that Decree No 108/1990 of 21 June 1990 granted protected status to brown bears in Castille and Leon and introduced a recovery plan for the brown bear, and that under Royal Decree No 439/1990 of 30 March 1990 brown bears were declared a protected species in danger of extinction, open-cast mining has been permitted in the bears' natural habitat;

| (c) | the scientific study commissioned by the regional government of Castille and Leon itself (2) points to the especially serious effects of open-cast mines in this area, in view of the fact that it forms a bio-geographical corridor of vital importance to brown bears in the Cantabrian hills. On 22 May 2002, a brown bear killed a bullock less than 500 metres from the entrance to the mine and less than a kilometre away from the mine workings; |
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(c)

the scientific study commissioned by the regional government of Castille and Leon itself (2) points to the especially serious effects of open-cast mines in this area, in view of the fact that it forms a bio-geographical corridor of vital importance to brown bears in the Cantabrian hills. On 22 May 2002, a brown bear killed a bullock less than 500 metres from the entrance to the mine and less than a kilometre away from the mine workings;

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| (d) | the existence of a colony of capercaillie, a species protected under Directive 79/409/EEC (3) in an oak grove close to the mine was also overlooked, and no reference was made to other types of wild fauna and flora that are protected under Directive 92/43/EEC (4). |
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(d)

the existence of a colony of capercaillie, a species protected under Directive 79/409/EEC (3) in an oak grove close to the mine was also overlooked, and no reference was made to other types of wild fauna and flora that are protected under Directive 92/43/EEC (4).

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Will the Commission investigate these issues? Has it opened infringement proceedings against Spain for failing to comply with Community law on environmental impact assessments and the protection of habitats and species?

Joint answer

to Written Questions E-1431/03 and E-1432/03

given by Ms Wallström on behalf of the Commission

(26 June 2003)

(26 June 2003)

It should first be noted that the Commission does not have the power to require Member States to suspend a project which is being investigated. Nevertheless, under the procedural rules which it must follow, the Commission has adopted every measure possible to ensure that Community law is respected in this case. In particular, after it had been made aware of the facts set out in these written questions as a result of several complaints, the Commission asked the Spanish authorities for their comments on the application of Community law in this particular case.

The Commission is currently examining the reply sent by the Spanish authorities in order to decide what measures are necessary to ensure that the Spanish authorities comply with Community law, in particular Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (5), as amended by Council Directive 97/11/EC of 3 March 1997 (6), and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (7). The Commission will take particular account of the points which the Honourable Member raises in Written Question E-1431/03 when examining the content of the environmental impact assessment undertaken by the Spanish authorities.

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(1)  Detailed documentation on the subject was presented to the European Commission by the Asociación Laciana para la Defensa de la Naturaleza (Laciana Environmental Protection Association) on 18 May, 9 July and 10 October 2002, file No 2001/4914, SG(2001) A/10264. See also Written Question E-1892/02.

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(2)  ‘Critical areas and management units for the brown bear in western Leon — a review and proposals’ by A. Fernández, J. Naves and E. García, 2001, the findings of which have been confirmed by other leading experts in this field, including Francisco J. Purroy, Chair of Animal Biology at the University of Leon.

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

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

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(5)  OJ L 175, 5.7.1985.

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(6)  OJ L 73, 14.3.1997.

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(7)  OJ L 206, 22.7.1992.

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