WRITTEN QUESTION E-0448/03

by José Mendiluce Pereiro (PSE), Jean Lambert (Verts/ALE)and Inger Schörling (Verts/ALE) to the Commission

(19 February 2003)

Subject: Granting of oil prospecting permits from the Atlantic off the coasts of Lanzarote and Fuerteventura

Spanish Royal Decree 1462/2000(1) granted Repsol Investigaciones Petrolíferas, S.A. (RIPSA) hydrocarbon prospecting permits for the Atlantic off the coast of Lanzarote and Fuerteventura, for a six year period. These are new areas, classified respectively as Canarias 1 to Canarias 9, covering 616 060 hectares. The permits have been granted pursuant to Law 34/1998 of 7 October, on the hydrocarbons sector. The only documentation, other than plans and references, submitted by the company when requesting permits, was its programme of work and investment. Repsol submitted no research project whatever, nor an environmental impact assessment, nor any memorandum of any kind on environmental protection measures. Royal Decree 1462/2001, furthermore, contains no conditions whatever regarding the environment. The prospecting permits concern international waters, and involve an activity which, pursuant to international treaties and agreements, is specifically subject to prior assessment of environmental impact. To all this we need to add the fact that the island of Lanzarote has been declared to be a Biosphere Reserve(2).

Installing platforms represents a high risk to fisheries and biodiversity both of the marine environment and the Canary coast, and would, inevitably, be a negative development as far as tourism is concerned. As for their proposed location, the grids are only a few kilometres from various Special Bird Protection Areas and Sites of Community Importance(3). Both Directive 97/11/EC(4) of 3 March 1997 and Royal Decree-Law 9/2000 of 6 October make it obligatory to carry out an environmental impact assessment for all oil and natural gas extraction projects for commercial purposes.

Does the Commission not believe that Royal Decree 1462/2001 infringes Directive 97/11/EC since the decision to grant permits was not preceded by a transparent assessment of the environmental repercussions of the prospecting permits, exploratory activities and drilling activities?

Can the Commission guarantee that the Sites of Community Importance listed above are not affected by these prospecting permits, and that the Spanish Government will apply Article 6 of Directive 92/43/EEC(5),

which lays down that any plan or project not directly connected with or necessary to the management of a Site of Community Importance, but likely to have a significant effect thereon, shall be subject to appropriate assessment of its implications for such sites?

(1) Boletin Ofifical del Estado (BOE) of 23 January 2002.

(2) Declared a Biosphere Reserve of a land surface of 847 km2 and a maritime area of 387 km2 under the Unesco MAB programme on 7 October 1993.

(3) In Lanzarote: bird protection areas on the islands of Lanzarote and Risco de Famara; an orthinologically important area of Llanos de la Corona-laas Honduras; and the Sites of Community Importance Archipiélago Chinijo (ES010045), Los Islotes (ES010044), Sebadales de la Graciosa (ES7010020), La Corona (ES010047), Los Jameos (ES010054), Sebadales de Gauasimeta (ES7010021) and Cagafrecho (ES7011002) and in Fuerteventura: Bird Protection Areas of Isla de Lobos, Jable de Corralejo, Macizo de Pozo Negro-Vigán, Playa de Sotavento and Península de Jandía;; and the Sites of Community Importance of Islote de Lobos (ES010031), Corralejo (ES010032), Sebadales de Corralejo (ES010022), Pozo Negro (ES0000096) y Playa de Sotavento de Jandía (ES010035).

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

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

Answer given by Mrs Wallström on behalf of the Commission

(28 March 2003)

Firstly, the Honourable Members question the Commission on the possible failure of the Spanish authorities to apply Directive 85/337/EEC(1), as amended by Directive 97/11/EC(2), properly in relation to the granting of oil prospecting permits for the Atlantic Ocean off the coast of Lanzarote and Fuerteventura. It should be pointed out first of all that the abovementioned Directive applies to the projects listed in Annexes I and II. Oil prospecting is not listed in those annexes and, as a consequence, Directive 85/337/EEC, as amended by Directive 97/11/EC, does not appear to apply in the case in question.

As regards the application of Directive 92/43/EEC(3) in the case under consideration, the Commission, in its role of guardian of the treaties, will contact the Spanish authorities as soon as possible to ensure compliance with the obligations under that Directive regarding the protection of habitats and species.

(1) Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, OJ L 175, 5.7.1985.

(2) Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC, OJ L 73, 14.3.1997.

(3) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992.