WRITTEN QUESTION E-3539/98

by Laura González Álvarez (GUE/NGL) and Pedro Marset Campos (GUE/NGL) to the Commission

(25 November 1998)

Subject: Castrovido dam project (Palacios de la Peña, Burgos, Spain)

The Spanish Ministry of Public Works is planning to build a 111 hm3 dam on the river Arlanza in the province of Burgos. The dam constitutes a serious environmental danger to a mountain area and will affect several municipalities, in particular Palacios de la Peña, that will be flooded by the waters.

1. Is the Commission aware of the situation?

2. Can it say whether Community funding has been granted for construction of the dam?

3. Could it request information about the steps that the authorities concerned will take to prevent the dam from causing severe environmental damage or any deterioration in the quality of life for the inhabitants of the above-mentioned mountain area?

4. What steps will the Commission take to ensure proper compliance with Community environmental legislation and specifically with:

(a) Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment;(1)

(b) Directive 90/313/EEC on the freedom of access to information on the environment;(2)

(c) Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora?(3)

5. Could the Commission report on the action taken in this matter?

Answer given by Mrs Bjerregaard on behalf of the Commission

(8 February 1999)

1. The Commission was not aware of the situation to which the Honourable Member refers.

2. The Castrovido dam project has not been financed by the European Regional Development Fund, or by the Cohesion Fund.

3. and 4. 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 provides that projects likely to have significant effects on the environment shall be made subject to an assessment with regard to their effects before authorisation is granted. This provision applies to projects listed in Annexes I and II to the Directive. Annex II, point 10 (f) includes the construction of dams. Under the terms of Article 4 (2) of the Directive, projects of the classes listed in Annex II must be made subject to an impact assessment if the Member State concerned considers that their characteristics so require.

Article 3 of Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment provides that public authorities shall be required to make available information relating to the environment to any natural or legal person at his request and without his having to prove an interest. With only the information given in the written question to refer to, the Commission is unable to establish whether the Spanish authorities received a request for information to which they did not respond appropriately.

The area which will be flooded by the dam has not been classified by the Spanish authorities as a special protection area for birds under Article 4 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(4). Neither has it been identified as an important area for birds in Europe. It is not on the Spanish list of sites proposed for inclusion in the Natura 2000 network transmitted by the Spanish authorities in accordance with Article 4 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. In these circumstances and with only the information given in the written question to refer to, the Commission is unable to conclude that the abovementioned directives are applicable to this case.

The Commission will make the necessary enquiries to check that Directive 85/337/EEC has been correctly applied to the situation in question.

5. The Commission will inform the Honourable Members without fail of the outcome of its enquiries.

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

(2) OJ L 158, 23.6.1990, p. 56.

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

(4) OJ L 103, 25.4.1979.