WRITTEN QUESTION E-1036/00

by María Sornosa Martínez (PSE) to the Commission

(4 April 2000)

Subject: Fall in the water table in the Les Marínes region (Valencia, Spain)

Residents, landowners and farmers from the municipality of Dènia in the Les Marínes region (Valencia) have complained that the drainage operations conducted by the Blau Verd S.L. construction company prior to laying the foundations of luxury flats have caused the water table in local wells to fall by more than 1,2 metres. These operations, which have not undergone a standard environmental impact assessment, are under way on a former camping site, where the aforementioned company has installed a number of pumps which work around the clock to draw off the water so that the foundations can then be laid.

The water which the system of pumps draws off is channelled directly into a drainage system flowing into the sea, the result being that numerous litres of a resource in short supply are being wasted in an area particularly hard hit by drought. The complainants maintain that this practice has already caused several wells which had never previously lacked water to run dry, the result being that, in addition to the impact on the irrigation of orange trees, which are important to local agriculture, there is the risk of an ecological disaster occurring in the medium term. In fact, the complainants have described the squandering of badly needed water supplies as an assault on the environment.

The Water Framework Directive currently before the Conciliation Committee makes reference to the desire to lessen the impact of human activity on the environmental status of the various river basins. With this in mind, does the Commission take the view that the drainage system used in building the luxury flats could amount to an environmental offence under Community legislation?

Does it not believe that there has been a definite breach of Directive 85/337/EEC(1), as amended by Directive 97/11/EC(2), on the assessment of the effects of certain public and private projects on the environment, over which Spain is currently involved in an infringement procedure before the Court of Justice (Case C-474/99) for its failure to transpose the Directive properly and promptly?

(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

(23 May 2000)

The Commission would point out that the Water Framework Directive has yet to enter into force.

As to whether the situation reported by the Honourable Member constitutes an environmental offence under Community legislation, the fact is that this concept is unknown in Community law as it currently stands. It falls to the courts of each Member State to determine whether it exists.

Article 2 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) stipulates that projects likely to have significant effects on the environment by virtue, inter alia of their nature, size or location must be subject to an assessment with regard to their effects before authorisation is granted. This provision applies to the projects listed in Annexes I and II to the Directive.

If the project in question is covered by Directive 85/337/EEC, it would have to come under one of the categories in Annex II (point 10(b) refers to urban development projects and point 11(a) refers to holiday villages and hotel complexes). Article 4(2) of the Directive stipulates that projects of the classes listed in Annex II must be made subject to an assessment where Member States consider that their characteristics so require.

The Commission has already instituted infringement proceedings against Spain for failure to transpose Directive 85/337/EEC properly into Spanish law, and has now decided to refer the matter to the Court of Justice(2).

As guardian of the Treaties, the Commission will in any event take the necessary steps to ensure that Community law is observed in this instance.

(1) OJ L 175, 5.7.1985.

(2) Case C-474/99.