WRITTEN QUESTION E-3712/00

by Paul Lannoye (Verts/ALE) to the Commission

(30 November 2000)

Subject: Impact on Carrascosa de Henares of the road being built between GU-177 and Jadraque

The Castilla-La Mancha Government has given its technical approval to the scheme to upgrade the road link between GU-177 and Jadraque in Guadalajara, which is already underway. ERDF funds are being used for this scheme, whose environmental impact on the Carrascosa de Henares locality is proving considerable. The entirely new road under construction, has buried the only good quality springs left in the area, feeding the River Henares aquifer, under a veritable mountain of earth. The destruction of these springs directly affects the Ribera del rio Henares protected area, where the water flow is being severely reduced thanks to the disappearance of these aquifers. This area was put forward as an area of Community interest (ES424003) by the Castilla-La Mancha Government for inclusion in the Natura 2000 network. The destruction of the springs is also causing the loss of flora of major ecological interest, particularly centuries-old Holm oaks in the midst of unirrigated farming land; this represents significant deforestation and has grave implications both in terms of loss of habitat for local species and the destruction of the natural beauty of the landscape.

There was a much cheaper and environmentally friendly alternative to the scheme, which was to upgrade the existing flat, straight road, which had no obstacles in its path. Moreover, the road now being built was not the subject of an environmental impact assessment in keeping with Directives 85/337/EEC(1) and 97/11/EEC(2), despite the fact that it falls squarely under the heading of the type of projects and the criteria set out in the annexes to these Directives. Environmental impact assessment is also covered by both Spanish state legislation on roads (Ley de Carreteras 25/1988, of 29 July), and the laws of the Autonomous Community of Castilla-La Mancha (Ley de Carreteras y Caminos de Castilla-La Mancha, No 9/1990 of 28 December).

Does the Commission not believe that the Spanish authorities have failed to comply with the Directives on environmental impact associations, including the obligation to consult the public interest concerned and take account of alternative proposals? What measure does the Commission intend to take to ensure that Directives 85/337/EEC and 97/11/EEC are applies? Does the Commission intend to open infringement proceedings against Spain for failure to comply with the Directives? Can the Commission confirm that this project is being funded with European monies, and if so, will it withdraw European funding for this project?

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.

Answer given by Mrs Wallström on behalf of the Commission

(8 March 2001)

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), provides that projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location, must be made subject to an assessment with regard to their effects before consent is given.

This provision applies to the projects listed in Annexes I and II to the Directive. For projects covered by Annex II, such as the road project under discussion in this Written Question, Article 4(2) of the Directive provides that such projects must be made subject to this procedure where Member States consider that their characteristics so require.

It should be pointed out that Directive 85/337/EEC was amended by Council Directive 97/11/EC of 3 March 1997(2). However, under the terms of Article 3(2) of Directive 97/11/EC, if applications for development consent were submitted before 14 March 1999, the provisions of Directive 85/337/EEC prior to these amendments apply.

The site Ribera del río Henares has been identified by the Spanish authorities in their national list of areas of Community interest that could be included in the Natura 2000 network under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild flora and fauna(3).

The Commission has contacted the Spanish authorities in order to ask them for their observations on the application of Directive 85/337/EEC in this particular case and also to determine whether the project in question is likely to have a significant effect on the site mentioned, with regard to the objectives of Directive 92/43/EEC, in which case the procedure provided for in Article 6 must be applied.

According to the information received from the Spanish authorities, the CN-101 (formerly GU-117) road improvement project received co-financing from the European Regional Development Fund (ERDF) under the 1994-1999 Castilla-La Mancha operational programme. The total investment amounts to ESP 441 794 852, of which 65 % is supported by ERDF. At present, this project is the subject of a complaint to the Commission.

In any case, the Commission, as guardian of the Treaties, will take the necessary measures to ensure that Community law is respected in the case in question and, in the event of non-compliance, it reserves the right to demand the reimbursement of any co-financing from the national authorities.

(1) OJ L 175, 5.7.1995.

(2) OJ L 73, 14.3.1997.

(3) OJ L 206, 22.7.1992.