WRITTEN QUESTION E-2510/99

by María Sornosa Martínez (PSE) to the Commission

(22 December 1999)

Subject: Lack of Community law on efficient, sustainable use of water resources, as highlighted by the case of the Terra Mítica theme park in the Valencia region of Spain

The recent publication of a study carried out by the Economics Department of the Universitat Jaume I in Castellón has caused alarm amongst the inhabitants of two towns Benidorm and Finestrat within the Valencia region of Spain on account of the amount of water which is expected to be needed for the Terra Mítica theme park which is currently under construction. Such a demand for water, which by the year 2002 will increase the water shortage virtually twofold, will pose a major problem for an area which has been particularly affected by recent droughts.

The theme park, which is being built with funding from the regional government, will require much of the water available in the area in order to support the expansion of tourism which will come about as a result of the new facilities and to maintain and irrigate the golf courses which are to form part of the leisure complex.

At present, no Community directive exists to prevent the misuse of water, particularly in the regions of the Member States which suffer from drought. However, cases such as the construction of the Terra Mítica theme park demonstrate the need for relevant Community legislation which, on the basis of the principle of the sustainable development, lays down criteria designed to ensure that water resources are properly used.

In 1997 the Commission incorporated a number of measures to encourage efficient, sustainable water use into its proposal for a framework directive on water, which is still under discussion. This aspect of the proposal was emphasised by Parliament at first reading and could be one of the points to be negotiated with the Council during the conciliation procedure which is more than likely to take place.

How is the Commission going to ensure that, in response to excessive demand, measures relating to the efficient, sustainable use of water resources are adopted in accordance with the above directive?

Does the Commission know whether or not the recently published data on water shortages were taken into account when the mandatory environmental impact study was carried out in respect of the Terra Mítica theme park?

Answer given by Mrs Wallström on behalf of the Commission

(22 February 2000)

The Commission fully agrees that present Community water legislation does not ensure sustainable water management of all waters. This is why the Commission, following initiatives by the environment committee of the Parliament, has proposed to Parliament and Council a water framework directive(1). Parliament has given its opinion (1st reading) in February 1999(2), and Council adopted a common position in October 1999(3). Progress of negotiations seems to indicate final adoption, following co-decision, in summer 2000.

The water framework directive will set ambitious environmental objectives such as preventing deterioration of groundwater status, restoring bodies of groundwater, and ensuring a balance between abstraction and recharge of groundwater (article 4(1)b). It will require water management based on river basins (river basin management plans), ensuring protection of surface waters as well as groundwaters (article 3). It will establish obligations for Member States to ensure legally binding measures to achieve this objective, such as controls over the abstraction of fresh surface water and groundwater, and impoundment of fresh surface water, including a register or registers of abstraction and impoundment. Only water abstractions with insignificant impact may be exempted from these obligations (article 11(3)d).

The Commission will, once the directive has been adopted, ensure its appropriate transposition and implementation, both the instruments foreseen in the EC Treaty and by information of and consultation with all interested parties. Furthermore, the directive will ensure openness and transparency by an obligation for Member States to inform citizens and interested parties when establishing their river basin management plans.

Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(4) does not apply since it does not cover theme parks. The amended Environmental impact assessment (EIA) directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC(5) would cover theme parks in cases where a Member State determines the specific project as being likely to have significant environmental impacts. However the amended Directive does not apply to the current project either since the project application was made before the amended directive was applicable in the Member States.

Given the facts on Community water legislation and environmental impact assessment as described, there is no legal basis for the Commission to intervene.

(1) OJ C 184, 17.6.1997, OJ C 16, 20.1.1998, OJ C 108, 7.4.1998, OJ C 342 E, 30.11.1999.

(2) OJ C 150, 28.5.1999.

(3) Council Common Position adopted on 22.10.1999; OJ C 343, 30.11.1999.

(4) OJ L 175, 5.7.1985.

(5) OJ L 73, 14.3.1997.