WRITTEN QUESTION E-1429/03

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

(24 April 2003)

Subject: Environmental threats to the River Cambrones (Segovia Province, Spain)

The River Cambrones supplies a number of villages in Segovia Province (Palazuelos de Eresma, Lastrilla, Trescasas, Sonsoto, Tabanera and San Cristóbal) as well as the Pontón reservoir. Plans for the water company Aguas Minerales Siete Villas S.A. to draw off and market some of the river water will involve canalising a substantial section of the watercourse through an industrial bottling plant and building a road from the river's source, 12 km long and 4 metres wide. The fact that all these works are to be completed without an environmental impact study has caused enormous concern among those living along the River Cambrones, as they fear they will lose a resource, a river ecosystem and a nature area of considerable ecological value.

What action will the Commission be taking to ensure that in this worrying instance Community law on the environment is properly applied, and specifically Directive 85/337/EEC(1), as amended by 97/11/EC(2), on the assessment of the effects of certain public and private projects on the environment?

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

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

Answer given by Mrs Wallström on behalf of the Commission

(18 June 2003)

Applicable Community legislation on the issue of water quality and protection of water resources raised by the Honourable Member is on the one hand legislation on environmental impact assessment, and on the other hand on protection of water quality.

With a view to the Environment Impact Assessment Directive (EIA) (Council Directive 85/337/EEC(1) as amended by Directive 97/11/EC(2)) the Honourable Member asks what the Commission intends to do to ensure its correct application to the project in question. The project comprises works related to the canalisation of a substantial section of the watercourse through an industrial bottling plant and building of a road from the River Cambrones's source, 12 km long and 4 metres wide.

According to the EIA Directive, Member States are obliged to ensure that, before development consent is given, projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject to an assessment of the environmental effects. In the case of projects

listed in Annex II to the EIA Directive, Member States have to determine if the project is likely to have significant effects on the environment on a case-by-case basis or by using thresholds or criteria. Certain infrastructure projects are included in Annex II of the EIA Directive. On the basis of the information provided by the Honourable Member it appears that the planned construction of the road falls under Annex II point 10 e) and that the canalisation falls under Annex II point 10 f) of the Directive. As regards the industrial bottling plant it is not clear from the information provided if this is already constructed or not. In any case during the determination of the likely significant effects on the environment, Member States should apply the selection criteria found in Annex III and examine, inter alia, the cumulative effects of the project with other projects.

Community water protection legislation sets clear objectives on the protection of waters in general (rivers, lakes, groundwaters and coastal waters) and those used for drinking water abstraction. It does however not provide for a general ban on any water abstractions from rivers, be it for bottling or for other purposes. Directive 75/440/EEC(3) has since 1975 set requirements for quality standards for surface waters used for drinking water abstraction, requirements which have to be met also in case of water abstracted for other purposes upstreams from the point(s) of drinking water abstraction. Further, Directive 2000/60/EC(4) sets the objective of achieving/maintaining good quality (good status) for all waters to be achieved by 2015 at the latest, plus an obligation for no deterioration of water status below existing status.

The Commission is making representations before the Spanish authorities to ensure that applicable community environmental law is complied with in respect of this project.

(1) OJ L 175, 5.7.1985.

(2) Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, OJ L 73, 14.3.1997.

(3) Council Directive 75/440/EEC of 16 June 1975 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States, OJ L 194, 25.7.1975.

(4) Directive 2000/60/EC of the Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, OJ L 327, 22.12.2000.