WRITTEN QUESTION E-3670/00

by María Sornosa Martínez (PSE) to the Commission

(27 November 2000)

Subject: Need for an environmental impact assessment of a project in Puerto de Grau (Castellón, Autonomous Community of Valencia)

Written Question E-2194/00(1) to the Commission criticised the fact that approval had been given to a special plan drawn up by the Castellón port authority to build a number of commercial properties and a multi-cinema complex in the area known as Muelle de Costa without the appropriate environmental impact assessment having been carried out. If such properties were constructed the town of Castellón would be virtually closed off from the sea and the landscape would be affected as a result.

In its reply of 7 September 2000 the Commission announced the launch of an investigation with the Spanish authorities aimed at clarifying whether there had indeed been a failure to comply with Community environmental legislation, and in particular whether the project might have required a statutory impact assessment.

Is the Commission already aware of the substance of the special plan drawn up by the Castellón port authority?

Will it give details of the state of play with regard to its investigation and the reply received from the Spanish authorities?

Does it not take the view that the said plan constitutes a serious breach of Directive 97/11/EC(2) (amending Directive 85/337/EEC(3)) which, in paragraph 8(b) of Annex 1, includes trading ports and piers for loading and unloading amongst the installations which are subject to environmental impact assessment?

(1) OJ C 103 E, 3.4.2001, p. 84.

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

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

Answer given by Mrs Wallström on behalf of the Commission

(24 January 2001)

The Commission has not yet received a reply from the Spanish authorities regarding the project in question, but the time limit for this has not yet expired.

The Commission contacted the Spanish authorities in order to obtain information which might point to incorrect application 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), amended by Council Directive 97/11/EC of 3 March 1997(2).

According to the information provided by the Honourable Member in Written Question E-2194/00(3), the plan is to build a number of commercial properties and a big cinema complex in Puerto de Grau, Castellón.

This type of project is listed in point 10(b) of Annex II to the said Directive (urban development projects, including the construction of shopping centres and car parks) and therefore, under the terms of Article 4(2), it must be made subject to an impact assessment in accordance with Articles 5 to 10 if the Member State concerned considers that its characteristics so require.

On the basis of the information currently available, the Commission does not consider that the project falls under Annex I, point 8(b) (trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1 350 tonnes).

The Commission, in its role as guardian of the Treaties, will take the necessary measures to ensure that Community law is observed in the case in question.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.

(3) OJ C 103 E, 3.4.2001, p. 84.