WRITTEN QUESTION E-1550/02

by María Sornosa Martínez (PSE) to the Commission

(3 June 2002)

Subject: SCI and SPA impact of the Júcar-Vinolopó interbasin diversion (Valencian Autonomous Community)

The Commission recently decided to close Complaint 2000/4266, submitted by the Rio Júcar Coordinating Committee, about the environmental impact of the Júcar-Vinolopó canalisation project. Nonetheless, serious contradictions persist between the Valencian Government's demarcation of SCIs and SPAs and the current route followed by the interbasin diversion, which continues to have a direct impact on the special areas in question (as the complainants argue in detail in their submission to the Commission of 12 April 2002).

Specifically, the areas put forward as qualifying for protection but which will be affected by the interbasin diversion are:

- the Sierra Martes-Muela de Cortes SPA, which will be affected by the first 12 km of the interbasin diversion,

- SCI No 42 Muela de Cortes y el Caroche,

- SCI No 52 Sierra de Enguera and

- SCI No 62 Els Alforins.

Does the Commission not believe that if the Valencian Government is putting forward these areas as SCIs within the Natura 2000 network, along with the SPA in question, that government should also be guaranteeing that the canalisation project will not affect the environment and biodiversity of these areas?

Does the Commission not believe that it should reopen Complaint 2000/4266 in order to guarantee that no Community funds (ERDF and Cohesion Funds) are being used for projects which would affect the Natura 2000 network or species protected by Community legislation?

Is the Commission aware that, in the case of the Sierra Martes-Muela de Cortes SPA at least, it is simply not referred to at all in the environmental impact statement issued by the Ministry of the Environment?

Could the Commission specify which sources of information it made use of, over and above its contact with the official authorities, when investigating the environmental impact of the Júcar-Vinolopó interbasin diversion project?

Joint answerto Written Questions E-1549/02 and E-1550/02given by Mrs Wallström on behalf of the Commission

(17 July 2002)

The Commission investigated a complaint (reference 2000/4266) relating to the Júcar-Vinalopó diversion project and its effects on the environment. This involved an exchange of information with the Spanish authorities. In reply to her last written question (E-3668/01)(1) on the subject, the Honourable Member was informed of the conclusions of the investigation.

These conclusions were also notified to the complainant. The complainant sent the Commission a letter objecting to the closing of the complaint and providing further information refuting the arguments put forward by the Spanish authorities. It should be noted that the Commission did not decide to close the file and that complaint 2000/4266 is still open. The Commission is now examining the new information it received.

Examination of the file shows that the project in question was started before the Spanish authorities designated Sierra de Martés Muela de Cortés as a Special Protection Area (SPA) for birds. The Sites of Community Importance (SCI) for inclusion in the Natura 2000 network mentioned by the Honourable Member were also proposed by the Spanish authorities after the environmental impact assessment procedure had been completed. In any case, the Spanish authorities maintain that the ecological and natural value of these areas were taken into account when the environmental impact assessment was carried out.

The Spanish authorities point out that some changes were made to the project in the light of comments received during the public consultation period, so as to avoid any adverse environmental impact. They looked at various alternatives and chose the least ecologically harmful one. They also adopted corrective measures. The final solution adopted for the 67 kilometre diversion project provides for 61 % of the pipeline to be buried and the remaining 39 % to pass through tunnels.

With regard to the waterflow needed by the Albufera Nature Reserve, the Júcar Basin Hydrological Plan, adopted by the Spanish Government, guarantees a reserve of 100 cubic hectometres (Hm3) to meet the Reserve's water requirements, as specified in the environmental impact statement.

The Spanish Ornithology Society report mentioned by the Honourable Member draws attention to the ornithological values of the area in question and has been examined by the Commission.

It should be noted that when investigating this case the Commission examined all the information in its possession, and the information provided by the Spanish authorities, the complainant and the Honourable Member in her written questions.

(1) OJ C 172 E, 18.7.2002, p. 107.