WRITTEN QUESTION E-0901/02

by Alexander de Roo (Verts/ALE) to the Commission

(4 April 2002)

Subject: Environmental impact of the N-430 road in Extremadura, Spain

The execution of the project to build the Puerto Pena Puerto de los Carneros section of the N-430 road from Badajoz to Valencia is having an extremely serious impact on the environment in Extremadura. The project constitutes an infringement of the Directive on wild birds (Council Directive 79/409/EEC(1)) since it affects the special protection area Orellana dam and Sierra de Pela and the habitats of the following species: griffon vulture, black stork, Egyptian vulture, Bonelli's eagle, peregrine falcon, eagle owl, etc. The project also infringes the habitats Directive, in particular because it affects the site of scientific interest Sierra de El Escorial and a large number of habitats classified as being of Community interest in Annex I of Directive 92/43/EEC(2). The Spanish lynx (individual examples in la Sierra de El Escorial) and the otter (a stable population beneath the rocks of Puerto Pena), species mentioned in Annex II of the Directive, will also be affected by the project.

We also take the view that the Directive on the effects of certain public and private projects on the environment has also been infringed, in view of the serious shortcomings in the environmental impact study carried out on the project. The study contains a very rudimentary description of the environment, without defining the area's geomorphology or mentioning the areas of potential or actual erosion, or the repercussions on the water supply and water quality. The maps are very basic. The description of the soil barely mentions its potential uses. The vegetation is analysed very superficially, with a list of indicative or codominant species, without any qualitative or quantitative assessment. Nor does the study mention the existence of a special protection area (SPA) for birds or indicate the importance of the species in the area, many of which are classified as being of special interest or even in danger of extinction. Furthermore, for the nine alternatives presented, the identification, description and quantification of impacts is confused and the study does not list them in order of importance or make a distinction between significant and insignificant impact.

What is the Commission doing to ensure that Community law is respected in this case, in particular the birds, habitats and environmental impact directives?

Has Community funding been earmarked for managing the special protection area and/or the site of scientific interest affected by the project?

Has structural funding been allocated for the construction of the road in question?

Can the Commission withhold this funding until the environmental dispute is settled?

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

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

Answer given by Mrs Wallström on behalf of the Commission

(24 May 2002)

The Honourable Member wishes to know what measures the Commission intends to take to ensure that the road construction project to which he refers (the Puerto Peña Puerto de los Carneros section of the N-430 road in Badajoz, Spain) will be executed in conformity with Community environmental law, notably Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(1), Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds.

The said Directives could indeed be applicable here. The Commission will therefore contact the Spanish authorities as soon as possible to ensure that Community law is correctly applied in this particular case.

With regard to the allocation of Community funds for management of the Special Protection Area for birds (SPA) and the Site of Community Importance (SCI) concerned, it should be noted that the following LIFE projects have been approved for these areas:

- 96/507: Protection of the little bustard, great bustard and lesser kestrel in Extremadura (Spain);

- 97/250: SPA management in Extremadura. Conservation of the cinereous vulture and Bonnelli's eagle;

- 98/463: Conservation of the Spanish lynx in SCIs in Extremadura.

To date, the road construction project in question (the Puerto Peña Puerto de los Carneros section of the N-430 road from Badajoz to Valencia) has not received any cofinancing from the Structural Funds. Under Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on these Funds(2), if the said project were to receive cofinancing, it should be in conformity with Community law, including the rules on environmental protection.

(1) OJ L 175, 5.7.1985 amended by Council Directive 97/11/EC of 3 March 1997, OJ L 73, 14.3.1997.

(2) OJ L 161, 26.6.1999.