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(2004/C 65 E/147)

WRITTEN QUESTION E-2325/03

by Pedro Marset Campos (GUE/NGL) and Laura González Álvarez (GUE/NGL) to the Commission

(14 July 2003)

Subject:   Environmental rehabilitation at Portman Bay (Cartagena, Spain)

Between 1959 and 1989, millions of tonnes of waste were dumped in Portman Bay (Cartagena, Spain), creating a layer of slime estimated to occupy 13 m cubic metres and causing the shoreline to recede (by 300 metres since 1957).

Experts consulted state that the waste contains sulphur, arsenic, cadmium, copper, mercury, lead and zinc.

It is clear that the Commission is aware of the situation, as the regional government of Murcia has in the past asked for financial support from the EU for environmental rehabilitation projects for the bay.

The Portman residents' association has expressed its concern over a new development plan for the locality which includes no provision for the total or partial rehabilitation of the polluted areas of the bay.

Is the Commission aware of this development project at the pollution-affected Portman Bay? Has EU funding been requested for this new project? Can the Commission state, with reference to the case in question, whether the competent authorities are properly applying the Community environmental legislation?

Answer given by Mrs Wallström on behalf of the Commission

(18 September 2003)

The Commission is aware of the situation reported by the Honourable Members.

In fact, it has already handled a complaint concerning plans to use mining waste from Portman Bay as a filling material for the port expansion project at Escombreras, located a few kilometres from the bay, for which the Spanish authorities had requested Community financing.

In this case, the Commission informed the Spanish authorities that the waste could not be used for the proposed expansion, and it did not therefore grant Community aid to the project. The Spanish authorities subsequently assured the Commission that waste from the bay would not be used for the port expansion project. The Commission therefore closed the case.

The Commission then received a new complaint regarding degradation of the Sierra de Cartagena caused by the old mining waste located in the bay.

During the examination of the new complaint, and following an exchange of correspondence between the Commission and the Spanish authorities, the latter forwarded a voluminous study on the bay rehabilitation project, with three alternatives. Whichever alternative the authorities eventually choose for the rehabilitation of the bay, as things stand from the legal point of view this is an old dumping site to which Community law does not apply. Accordingly, there is no infringement because the bay has not been restored. The complainant has been informed of this and told that the departments involved intend to propose that the Commission close the complaint file for lack of evidence that the applicable Community law has been infringed.

The Commission has asked the Spanish authorities for information on the possibility of the project being co-financed from the European Regional Development Fund or from the Cohesion Fund, but has yet to receive their reply.

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