WRITTEN QUESTION E-2414/00

by Laura González Álvarez (GUE/NGL) to the Commission

(18 July 2000)

Subject: Project to build a cement factory and quarry in the Sierra de Alconera

The Sierra de Alconera, the proposed site of a cement factory and quarry, has been identified as an area of importance for bird life.

Given the great ecological value of the area concerned, the project could constitute a breach of Community directives on the environment, namely:

(a) Directive 79/409/EEC(1) on the conservation of wild birds;

(b) Directive 92/43/EEC(2) on the conservation of natural habitats and of wild fauna and flora, and

(c) Directive 85/337/EEC(3) on environmental impact assessments.

What action can the Commission take vis-à-vis the Spanish authorities in order to establish whether the aforementioned directives are being complied with and seek to prevent infringements of Community law?

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

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

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

Answer given by Mrs Wallström on behalf of the Commission

(14 September 2000)

The Commission is aware of the project mentioned by the Honourable Member. A complaint has been filed on the matter.

At the beginning of 1998 a cement manufacturer declared its intention to build a cement factory and quarry in the Sierra de Alconera, Badajoz. It requested and obtained from the authorities the expropriation of several mining concessions. In all likelihood the expropriated land was to be the site for the cement works. The firm also requested permission to operate the quarry; the request for permission for the cement factory was delayed. The authorities carried out an impact assessment for the quarry and authorised it on 22 July 1998. The plaintiff opposed the siting of the cement factory on the grounds that the impact study had been badly done since it had taken account of the quarry alone and the project would affect a valuable nature area.

According to the information received, as regards Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(1), the habitats Directive, these installations are located within the site of Community importance for birds No 273. Furthermore, the lynx, a priority species in Annex 2 to the habitats Directive, is present in those parts. Article 6(2), (3) and (4) is therefore applicable to the case in point.

From the point of view 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(2), it is clear that the quarry is intended to supply the raw material for cement production in the future cement factory. Accordingly, it is not possible to split a global economic project construction of a cement factory with a quarry in the immediate vicinity for supplying raw material into two parts and evaluate the direct and indirect effects for only one of those parts (the quarry).

A letter to this effect has been sent to the Spanish authorities. Having learned that a complaint had been filed on the matter the Spanish authorities informed the Commission that the impact study would be revised to evaluate the direct and indirect effects of the project as a whole. The Commission expressed its satisfaction that the study was being revised but warned the Spanish authorities that since the project in question was located within a site of Community importance for birds they had to take account of the obligations arising out of Article 6 of Directive 92/43/EEC.

The Commission asked the Spanish authorities to send it a copy of the new impact study to be made on the project, in order to verify that the relevant Community law was being complied with.

(1) OJ L 206, 22.7.1992.

(2) OJ L 175, 5.7.1985.