WRITTEN QUESTION E-3831/97 by María Sornosa Martínez (GUE/NGL) to the Commission (28 November 1997)

Subject: Pego-Oliva Wetland

The Pego-Oliva Wetland has already been brought to the attention of the Commission through Written Question E-1387/96 ((OJ C 356, 25.11.1996, p. 33. )) presented by this Member. This area is the second most important wetland in Valencia and has been declared a special protection area (SPA), in accordance with Directive 79/409/EEC ((OJ L 103, 25.4.1979, p. 1. )) on wild birds. Since 1992, LIFE - Nature has financed measures to conserve its natural wealth. Last year the Commission was informed of the works being carried out by the Pego Municipal Council, which were presumably illegal. It contacted the relevant authorities to inform them that it would suspend its funding of LIFE if the irregularities continued and it recently sent Commission representatives to visit the area.

1. What conclusions were reached by the Commission after this visit?

2. What measures does the Commission intend to take to ensure that the Community regulation is complied with?

3. Is the Commission prepared to initiate infringement proceedings for non-compliance with Article 169 of the EC Treaty, and, if these proceedings have already begun, can the Commission specify what stage they are at?

4. Will the funds from the Community support framework 94-99 for Spain be used in this area in accordance with the principles of conservation of natural resources as provided for in Directive 92/43/EEC ((OJ L 206, 22.7.1992, p. 7. )) on the conservation of natural habitats?

Answer given by Mrs Bjerregaard on behalf of the Commission (2 February 1998)

1. According to information at the Commission's disposal following the visit made to this area in September 1997 and reports received from the Valencian administration, the following are the main points of action implemented to ensure the conservation of this wetland:

- the institution of legal proceedings by the director of the Park against the mayor of Pego. The Valencian Generalitat has directly intervened in the proceedings through the legal services of the Presidency, whose job it is to assist the director;

- the drawing up of a decree by the Consejería de Medio Ambiente (regional ministry for the environment), ordering the cessation of all activity in the wetland;

- a judicial decision to also prohibit all activity in the wetland and notification to the Civil Guards (rural police) to monitor its enforcement.

Actions contrary to this pronouncement which have taken place after the implementation of the above have been referred to the judge. Since June 1997, at least 6 companies or persons have been subpoenaed.

The director of the natural park also contacted the Civil Guards on 4 November 1997 aboout illegal works carried out in the wetland.

2. The Commission believes that, up until now, the Spanish authorities have taken the appropriate measures to prosecute illegal action in this wetland to ensure the conservation of this special protection area for birds. The Commission is closely monitoring how the situation develops. In the event that it believes that the measures necessary to combat illegal action within this wetland are no longer being implemented, it will make the appropriate decisions to ensure that Community legislation is complied with.

3. These measures may include the freezing of LIFE-Nature co-financing and the initiation of a complaints procedure against Spain.

4. The Commission will do all within its means to ensure that financing under the Community support framework 1994-1999 is used in compliance with Community directives, and in accordance with the principles of the conservation of natural resources and sustainable development, not only in this particular wetland, but also in Spain as a whole.

The Commission, which jointly implements and manages programmes that the Member States develop on an operational level in the form of projects, is always attentive to difficulties which may arise as the projects are being carried out.

In this instance, the Commission will place its technical assistance at the disposal of the Spanish authorities, should they need it in order to better ensure the conservation of this natural habitat area.