WRITTEN QUESTION E-3711/00

by Carles-Alfred Gasòliba i Böhm (ELDR) to the Commission

(30 November 2000)

Subject: The road between Cabanes and Oropesa (Castellón province)

In the province of Castellón in Spain, there is a scheme to build a road linking Cabanes and Oropesa. The job has already been awarded to the Necso-Rover Alcisa company.

No environmental impact study of the effects on the Desierto de las Palmas natural park and its surroundings has been carried out in connection with this road scheme, although the area is home to numerous unique local species, constituting a highly habitat-sensitive fauna, both in the L'Ullal de Miravet cave and the other caves of the area; these species could suffer extinction as a result of any alteration to their habitat.

The southern section of the aforesaid road scheme would also affect areas of natural beauty and environmental importance equal to or greater than the Desierto de las Palmas natural park itself.

Since the requisite environmental impact study for each of the preliminary proposals for the north, central and southern sections of the road has never been carried out, what does the Commission intend to do to make sure that environmental legislation is complied with?

Answer given by Mrs Wallström on behalf of the Commission

(26 January 2001)

First of all, it should be pointed out that, in the context of a complaint filed against the scheme to build a road linking Cabanes and Oropesa in the province of Castellón, the Commission is in the process of examining the environmental impact of the project, which is the subject of the Honourable Member's question.

It should be noted that Article 2 of 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) stipulates that projects likely to have significant effects on the environment by virtue inter alia, of their nature, size or location shall be made subject to an assessment with regard to their effects before consent is given.

This provision applies to projects listed in Annexes 1 and 2 of the Directive. For projects covered by Annex 2, such as the road scheme referred to above, Article 4(2) of the Directive states that such projects shall be made subject to an assessment where Member States consider that their characteristics so require.

Directive 85/337/EEC was amended by Council Directive 97/11/EC of 3 March 1997(2). However, Article 3(2) of Directive 97/11/EC states that if a request for development consent is submitted to a competent authority before 14 March 1999, the provisions of Directive 85/337/EEC prior to these amendments shall continue to apply.

The proposed road would be built nearby the Desierto de las Palmas natural park, which is listed by the Spanish authorities as a site of Community interest which may in the future become part of the Natura 2000 network under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(3).

When investigating this complaint, the Commission requested the Spanish authorities to submit their opinion on the project in question. Their reply has just been received.

The case is being examined to ascertain whether Directive 85/337/EEC has been applied and to determine whether the case in question may have a significant effect on the above-mentioned site in terms of the objectives set out in Directive 92/43/EEC, in which case the procedure laid down in Article 6 of that Directive should be applied.

In its role of guardian of the treaties, the Commission will take the necessary measures to ensure that Community law is respected.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.

(3) OJ L 206, 22.7.1992.