WRITTEN QUESTION E-0608/98 by Laura González Álvarez (GUE/NGL) to the Commission (9 March 1998)

Subject: Construction work on the funicular railway at Bulnes (Picos de Europa, Spain)

Work has begun on the funicular railway which will provide access to Bulnes, despite the fact that appeals have been lodged and that the work has not even been approved (as is legally required) by those responsible for running the national park. This irregularity was pointed out by the Environment Ministry in a document of 6 November which was signed by the head of the national parks division and which points out to the Asturias Regional Government that there are irregularities in the project.

In specific terms, three irregularities are mentioned:

- The works project should have been the subject of a prior report by the park management.

- The plan (PLAN) made available for public consultation does not correspond to the one ultimately put into effect by the body promoting the funicular railway.

- The lack of legal backing for the project in its attempts to circumvent what is laid down in the Picos de Europa natural resources plan.

Many environmental bodies which have appealed against the Bulnes funicular railway maintain that the document from the Environment Ministry justifies their claims.

In view of the vast numbers of tourists who will be attracted by the funicular railway and the impact thereof on the environment, what action can the Commission take in order to ensure that the Spanish authorities apply Community environmental law and, in particular, the following directives: 85/337/EEC ((OJ L 175, 5.7.1985, p. 40. )) on the assessment of the impact of certain public and private projects on the environment and 92/43/EEC ((OJ L 206, 22.7.1992, p. 7. )) on the conservation of natural habitats and wild fauna and flora?

Could the Commission make available all the information which it has been able to obtain on this subject from the Spanish authorities?

Answer given by Mrs Bjerregaard on behalf of the Commission (8 April 1998)

The Commission's attention had already been drawn to certain projects which could affect the 'Picos de europa' national park in Written Question E-2506/97 ((OJ C 102, 3.4.1998, p. 51. )) and Oral Question H-101/98 by Mrs Díez de Rivera Icaza during question time in the March 1997 session of Parliament ((Debates of the European Parliament (March 1997). )).

At least part of the area in question has been designated by the Spanish authorities as a special protection area (SPA) for birds under Article 4 of Council Directive 790/409/EEC of 2 April 1979 on the conservation of wild birds ((OJ L 103, 25.4.1979. )). The name of this area is 'Montaña de Covadonga'. That said, it should be pointed out that the village of Bulnes is not located in the SPA 'Montaña de Covadogna' designated by Spain under the directive. The boundaries of this SPA are, however, nearby. The Commission therefore has no information which would lead it to presume that the funicular railway project referred to could adversely affect this SPA.

However, the village of Bulnes is situated in an area proposed by Spain for inclusion in the Natura 2000 network under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. According to Article 6, paragraphs 2, 3 and 4, of the directive, Member States must take appropriate steps to avoid the deterioration of natural habitats and the habitats of species as well as disturbance of the species for which the areas have been designated, in so far as such disturbance could be significant in relation to the objectives of the directive.

These provisions will apply once a list of sites of Community importance constituting the ecological network of special areas of conservation, called 'Natura 2000', has been adopted by the Commission.

Moreover, funicular railways are not listed amongst those projects for which an environmental impact assessment is obligatory under Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.

The Commission has asked the Spanish authorities for their assurance that this project will not be detrimental to the environment.