WRITTEN QUESTION E-3281/00

by María Sornosa Martínez (PSE) to the Commission

(25 October 2000)

Subject: Development project in the protected area of the Peñíscola marshes (Castellón, Spain)

The Spanish Supreme Court recently gave the go-ahead for development work on 50 000 square metres of the Peñíscola marshes, one of the most important wetlands in the Autonomous Community of Valencia, which are at last set to be included by the autonomous government (Generalitat) in the catalogue of wetlands afforded protection by the Natura 2000 network and the LIFE-Nature funds, although the area covered is far smaller than that originally proposed. The project developer, the Levinsa company, is seeking to use some of the marsh area to construct a complex of buildings, some 7 storeys high, which will undoubtedly harm this protected environment and severely endanger the survival of species living therein, such as the Valencia hispanica.

Furthermore, it is worth pointing out that the area proposed for protection as currently set out in the Generalitat's catalogue of wetlands does not cover areas of drained land which at present house sports and camping facilities. Environmental organisations such as the Association for the Protection of Nature in the Levante Region and Ecologists in Action, both of which have petitioned the Commission in the past, believe that speculative interests might lie behind the exclusion of the drained land from the protected area.

Given that:

- the aforementioned Valencia hispanica, or Samaruc, a protected species listed in Annex II of Directive 92/43/EEC(1), is now to be found only in the Albufera de Valencia and Prat de Peñíscola;

- in its reply to Written Question E-0447/00 of 7 April 2000(2) the Commission pledged to see to it that the provisions of Annex II of Directive 85/337/EEC(3) on environmental impact assessments were properly implemented in relation to the planned work in the Peñíscola marshes.

In view of these facts, does the Commission not believe that infringement proceedings ought to be brought against Spain for violating the Directive on habitats where the protection of the wetlands environment and conservation of the Valencia hispanica species are concerned?

Does it know whether the Spanish authorities have as yet taken steps to implement properly the Directive on environmental impact assessments in the case of the work planned by Levinsa in the marsh area?

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

(2) OJ C 26 E, 26.1.2001, p. 44.

(3) OJ L 175, 5.7.1985, p. 40.

Answer given by Mrs Wallström on behalf of the Commission

(14 December 2000)

The Commission has introduced an infringement procedure against Spain under Article 226 (ex Article 169) of the EC Treaty with regard to several projects affecting the Marjal de Peñíscola nature area in Castellón province.

It should be pointed out that the Spanish authorities have not yet officially communicated to the Commission the inclusion of the Marjal de Peñíscola site in the list of sites to be incorporated in the Natura 2000 network provided for in Article 4 of Council Directive 92/43/EEC(1) of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora.

In the framework of the taking of evidence in this infringement procedure, the Commission considers that the Spanish authorities have not taken the requisite measures to establish a system of strict protection for the Valencia hispanica species, a priority species listed in Annex IV to Directive 92/43/EEC, as required by Article 12(1)d) of the Directive. The threats to the habitats of this species stem from beach development schemes and a road project. The Commission has just received the Spanish authorities' reply and is now examining it.

It has to be said, however, that the Commission is not aware of the new urbanisation project mentioned by the Honourable Member. It has accordingly asked the Spanish authorities for information on that project and its impact on the Marjal de Peñíscola area.

(1) OJ L 206, 22.7.1992.