WRITTEN QUESTION E-2615/01

by María Sornosa Martínez (PSE)and Joan Colom i Naval (PSE) to the Commission

(27 September 2001)

Subject: Commission's response to the citizens' movement against the Spanish NHP

On 9 September 2001, 12 000 citizens of various European countries met in Brussels to demonstrate, under the slogan Blue March for a new water culture: not one euro for the NHP, against the existing, highly dubious water management policy based on massive hydraulic projects that have grave environmental repercussions and cause severe human damage, which is currently exemplified by the new law on the Spanish National Hydrological Plan (NHP).

In parallel to this demonstration, on 10 September 2001 a complaint was lodged with the Commission's services over non-compliance with Community law in relation to the NHP.

What is the Commission's position concerning the large-scale mobilisation embodied in the Blue March, expressing as it did the hostility of the public to this law on the NHP(1) which is in contradiction with Community law?

In view of the urgent need to deal with this citizens' complaint and the threat hanging over a substantial part of Spain's environmental heritage, can the Commission state when it expects to be able to reply to the complaint? What action does it intend to take vis-à-vis the Spanish authorities to resolve the conflict? Is any procedure for allocation of Community funds currently under way for the NHP? If so, does the Commission not believe that the entire allocation procedure should be frozen pending conclusion of the inquiry?

(1) Law 10/2001 of 5 July 2001 BOE (Official Journal of the Spanish state) No 161.

Answer given by Mrs Wallström on behalf of the Commission

(12 November 2001)

The Commission is of course aware of the Blue March demonstration, which took place in Brussels on 9 September 2001 and considers that peaceful demonstrations of this type are a significant part of the democratic process as a way of expressing the views of different citizens groups.

The Commission can also confirm the receipt of a complaint handed over by representatives of the Blue March on 10 September. This complaint does indeed assert that the Spanish National Hydrological Plan contravenes various pieces of Community legislation. It is expected that the analysis of the complaint will be completed shortly.

There are two main sources of Community co-financing for water management related projects in Spain: the Cohesion Fund and the Structural Funds. It is clear that all assisted projects, both under the Cohesion Fund and the Structural Funds, must comply with Community legislation(1), including environmental requirements, in all respects.

Under the Cohesion Fund, the Commission appraises and approves projects or groups of projects, submitted by the Spanish authorities, on their individual merits in the context of the regulations in force. A series of such projects have been approved to date and the Commission publishes regularly information on these. Some of these may have been included by the Spanish authorities in their National Hydrological Plan and it is a matter for these authorities to identify whether or not this is the case. The same reasoning applies to projects applications which are in the course of appraisal by the Commission and which will be announced if and when approved.

As far as the Structural funds are concerned, these operate on a programme basis. In October 2000, the Commission approved the Community Support Framework (CSF) 2000-2006 for the Spanish Objective 1 regions. One of the priorities set out in this Framework is Environment, Natural Environment and Water Resources. In the context of this priority and in accordance with the operational programmes based on the CSF, the Spanish authorities have selected and will continue to select projects for assistance from the Structural Funds. The Commission is informed of the selected projects in the context of the monitoring system set up under the CSF and becomes directly involved in regard to aid rates in the case of major projects ( 50 million or more). Again it is up to the Spanish authorities to identify whether or not selected projects have been included by them in their National Hydrological Plan.

(1) Council Regulation (EC) No 1264/1999 of 21 June 1999 amending Regulation (EC) No 1164/94 establishing a Cohesion Fund, and Council Regulation (EC) No 1260/1999 of 21 June laying down general provisions on the Structural Funds both published in OJ L 161, 26.6.1999.