EN Official Journal of the European Union CE 78/180

(2004/C 78 E/0187)

WRITTEN QUESTION E-2858/03

by Pierre Jonckheer (Verts/ALE) to the Commission

(26 September 2003)

Subject: Opencast mining in the north of León (Valle de Laciana district, Spain)

Further to the information provided in questions E-1431/03 and E-1432/03 (1) on the Fonfría opencast mine belonging to Minero Siderúrgica Ponferrada S.A., I would observe: The area is also home to wolves (Canis lupus signatus), otters (Lutra lutra), native trout (Salmo trutta) and roach (Chondrostoma arcasii), all of them priority species, and the gentian (Gentiana lutea), a northern alpine flower — listed as a plant species of Community interest in Annex V of Directive 92/43/EEC (2) — which has already been wiped out in a large part of the region (3). The mining company complies with virtually none of the preventive, corrective and/or compensatory measures provided for in the environmental impact statement endorsed by the Castilla y León Environmental and Regional Planning Ministry on 14 June 1999, which is a sine qua known for carrying out mining operations.

The most glaring failures to comply involve:

— The protection of the oak wood surrounding the future mine, particularly at the eastern end (on the right bank of the river Orallo). In fact, the company has built a track running right through the wood, cutting down a huge number of trees (oak, birch and other species) in the process, and then gone on to fell large numbers of trees off this track as well.

— The preservation of the stream which rises from a spring near the northern slag heap, which was to run through a 200 metre culvert in order to protect it completely from the slag heap. Instead, the stream has been used as a rubbish tip, and has been almost entirely filled in, apart from the first few metres running from the spring.

— Rigorous control of dust production. A slag heap has been built outwith the area indicated in the plan, spreading right over the crests of the hills, and thus exposed to the region's frequent north winds, blowing clouds of dirty, polluting black dust down on the village.

— Planting woodland fruit trees along the watercourses — which already exist within the mine, and those in the areas to remain unchanged — before mining operations start. No planting of any kind has taken place, and the watercourses are generally used as tips.

Given the lackadaisicality of the relevant Spanish authorities, can the Commission investigate where responsibility lies, as regards both the management of the mine and the deterioration of areas and species protected by the Habitats Directive?

Answer given by Mrs Wallström on behalf of the Commission

(14 November 2003)

Having examined the available information, the Commission has concluded that, in the case in hand, the Spanish authorities have misapplied Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (4), as amended by Directive 97/11/EC (5), and Directive 92/43/EEC (6) of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. It has therefore decided to institute infringement proceedings under Article 226 of the EC Treaty and has sent Spain a letter of formal notice inviting the Spanish authorities to submit their observations on its comments.

The Commission is currently waiting to receive those observations.

(1) See page 33.

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

(3) Information taken from the Unesco Draft Declaration of the Valle de Laciana biosphere as a nature reserve.

(4) OJ L 175, 5.7.1985.

(5) OJ L 73, 14.3.1997.

(6) OJ L 206, 22.7.1992.