WRITTEN QUESTION E-2395/00

by Marie Isler Béguin (Verts/ALE) to the Commission

(18 July 2000)

Subject: Wetlands conservation at Lo Poyo (Murcia, Spain)

Would the Commission answer some questions, following its reply to Question E-0139/00(1) of 8 March 2000 on the conservation and management of the Lo Poyo wetlands. The Commission said it had contacted the Spanish authorities about the failure to comply with undertakings given when LIFE funding (B4-3200/93/775) was awarded for the conservation of Murcian wetlands.

Can the Commission answer the following:

- What mistakes or oversights in procedures led to housing development projects that failed to take account of the importance of this wetland site which is recognised by Directive 79/409/EEC(2) and the Ramsar Convention and of the fact that, under the directive, the site ought to have been under supervision as a special protection area?

- Can the Commission say whether the housing development projects have received any Community financing under the Structural Funds?

- What type of measures are incumbent upon the Commission if it is to penalise the LIFE beneficiary's failure to comply with undertakings to protect the site? Is consideration being given to extending these penalties to the judicial sphere?

- Will the Commission press forward with an investigation into the Murcian regional administration's failure to respond to the Commission's numerous attempts to intervene?

- Has the Murcian region been asked for reimbursement of the LIFE funding to protect the site, in view of its failure to respect legislation and obligations to answer letters?

- What are the time limits for the Commission to take a decision on this case?

- What other counter measures against the Murcian region and to protect the site is the Commission considering next?

- Is the Commission aware of planting projects in the Saladres de Guadalentín wetlands, which are also included in the LIFE project, leading to destruction of the natural vegetation, which in Directive 92/43/EEC on habitats(3) is said to be of priority interest? What measures does the Commission intend to take to ensure that the site is restored and the damage neutralised, seeing that the Spanish authorities have proposed it as a site of Community importance?

(1) OJ C 303 E, 24.10.2000, p. 147.

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

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

Answer given by Mrs Wallström on behalf of the Commission

(3 October 2000)

The Murcia region has received funding under this Life-Nature project but has not answered the letters requesting further information. The Commission thus feels that it must ask that the Life-Nature funding provided for that site, and also that for Saladares de Guadalentin, also mentioned by the Honourable Member, be refunded.

Under Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, the Commission has decided to bring an action against Spain before the Court of Justice as a result of poor implementation in the Murcia region.

Conversely it is not incumbent upon the Commission to investigate the silences of a regional administration, shortcomings in the procedures taking place on a specific site or concerning compensation for damage. The Honourable Member is invited to contact the national authorities responsible for implementing the Nature Directives within their Member States.

The Commission has asked the Spanish authorities concerned for selecting projects and managing European funding whether the project mentioned by the Honourable Member has been co-financed under the Structural Funds.