WRITTEN QUESTION E-0711/02

by Inger Schörling (Verts/ALE) and Jean Lambert (Verts/ALE) to the Commission

(14 March 2002)

Subject: Tourist development projects in Fuerteventura

In the north of Fuerteventura (Canary Islands), in the area of Los Llanos del Tostón and the Lagos del Cotillo (within the jurisdiction of the La Oliva local authority), work has begun on the town planning scheme known as the Costa del Faro Partial Plan. This plan provides for 6 000 hotel beds and a golf course. The work violates two European directives, namely that on birds, since the area is a nesting ground for and home to numerous species listed in Annex I of the Directive (particularly the houbara bustard, cream-coloured courser, stone curlew, Canary Islands stonechat, trumpeter finch, black-bellied sandgrouse, Barbary partridge, Barbary falcon, spoonbill, and Kentish plover) and the habitat directive, because six types of habitat which appear in Annex I to that Directive(1) are affected. Furthermore, species such as the Canary shrew and the Canarian skink, which are also protected by the National Catalogue of Threatened Species, are also concerned. The building work in Los Llanos del Tostón and the Lagos del Cotillo directly impacts on the Costa de Corralejo-Tostón area of importance for birds IBA No 350, and would represent a degree of human pressure incompatible with the conservation of the species referred to above. The result is that proceedings have been opened against the Kingdom of Spain within the Commission Secretariat-General (SG2000)D/203613) for failing to comply with the two directives.

The machines are still at work in keeping with a fait accompli policy despite the fact that:

- The Canaries High Court of Justice's Administrative Disputes Chamber (La Sala de lo Contencioso Administrativo del Tribunal Superior de Justicia de Canarias) has cancelled the licences issued to the hotels by the town council since no prior authorisations from the Island Council (Cabildo) are available;

- the impact statement concerning the golf course has not been approved (the corresponding environmental impact studies indicate that the consultants, Hydra Consultores S.L., were not stringent enough(2)).

Furthermore, in the town itself, seven or eight kilometres away, work has already begun on a Majanicho housing partial plan in the Llanos de Majanicho, which provides for a further 4 500 hotel beds in a site also protected by the Birds and Habitat directives(3).

Does the Commission not believe that these two building projects contravene the Directives on Birds (79/409(4) and on Habitat (92/43(5))?

What measures has the Commission taken to protect the two sites from these building developments?

Can the Commission verify whether the two projects meet the Directive on environmental impact assessment (97/11(6))?

Is any Community co-funding involved in the construction work planned for these two sites?

(1) The six type of habitat included in Annex I are classified under code nos. 1210, 1250, 1420, 2110, 2130 and 5330. There are furthermore two plant species regarded as priority species, Caralluma burchardii and Androcymbium grammineun psammophilum, which appear in Annex II.

(2) Specifically, there is no description of the current situation based on censuses and cartography with regard to the bird population and the habitat in question; there are no quantitative data; there is no assessment of the various species; there is no information on the future situation, i.e. Where will the buildings be? What will the infrastructure be? How will tourists, hotel employees, move around, both on foot and travelling by (how many) vehicles? What will the impact be? Will the bird population be displaced? And where will it go?.

(3) The environmental impact study was drawn up by the consultant, Hydra Consultores S.L., themselves. The Canaries University has also expressed its opposition to the two projects (www.forouniversitario.org).

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

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

(6) OJ L 73, 14.3.1997, p. 5.

Answer given by Mrs Wallström on behalf of the Commission

(2 May 2002)

The Commission is aware of the facts raised by the Honourable Members as a result of a complaint concerning several tourist and urban development projects on the north coast of the Island of Fuerteventura and their environmental impact.

As part of its examination of this complaint, the Commission has contacted the Spanish authorities for their comments about the application of Community environment law which could apply in the case in the point.

No reply has yet been received from the Spanish authorities. The complainant recently sent new information which is being analysed by the Commission and will be compared with the reply from the Spanish authorities once it is received.

In any case, in its role as guardian of the Treaties and with the powers at its disposal, the Commission will take the necessary measures to ensure that Community law is complied with in the case in point.

With regard to any Community co-funding for the work planned on the two sites, the Commission has requested further information from the Spanish authorities and will inform the Honourable Members once it has been received.