EN Official Journal of the European Union CE 70/100

(2004/C 70 E/101)

WRITTEN QUESTION E-2446/03

by Alonso Puerta (GUE/NGL) and Alejandro Cercas (PSE) to the Commission

(22 July 2003)

Subject: Protection of the European cultural heritage

Both Article 151 of the EC Treaty and the draft European Constitution just approved by the Convention stress the major importance of the European cultural heritage and the need to maintain and preserve it in full for future generations.

In the existing fifteen Member States alone, there are 188 sites included the Unesco World Heritage List.

This extensive heritage is, however, under continual threat from planning developments and speculation in the construction sector affecting historic sites. This poses severe risks to protected natural areas, despite the importance of rigorous protection of our unique heritage, as one of the symbols of Europe's identity.

A recent example is the appeal forwarded to the Spanish authorities by several thousand citizens — including personalities from European social and cultural milieux — regarding the threat posed to the San Lorenzo del Escorial monastery (Spain), which has been on the Unesco World Heritage list since 1984, by the disturbing rate of urban development affecting its crucial natural surroundings.

Is the Commission aware of this serious problem? If so, will it ask the Madrid regional government and the Spanish government to provide information as a matter of urgency?

Will the Commission act to give real teeth to the Convention Concerning the Protection of the World Cultural and Natural Heritage, which has been signed by all the EU Member States?

Answer given by Mrs Wallström on behalf of the Commission

(26 September 2003)

Decisions on land use are generally regulated in accordance with domestic law in the Member States. Nevertheless, in accordance with Directive 85/337/EEC (1), certain urban development projects, including the construction of shopping centres and car parks, require environmental impact assessment (EIA) if they are likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location. An EIA must describe the aspects of the environment likely to be significantly affected by the proposed project including, amongst other things, the architectural and archaeological heritage. The EIA must be carried out before consent is given for the project and must be taken into consideration in the development consent procedure.

Should any evidence suggest that the Directive is not being applied correctly in this case, it can be forwarded to the Commission.

With regard to Article 151 of the EC Treaty, this only grants the Community the power to encourage co-operation between Member States and, if necessary, to support and supplement their actions to conserve and safeguard cultural heritage of European significance. Neither the Community nor the Commission have powers on the basis of this Article to intervene in the approach taken by any Member State to a particular site. For this same reason, the Community is not a party to the Unesco Convention for the protection of the world's natural and cultural heritage and the Commission can therefore play no role in its application, the responsibility for which lies exclusively with those States who are party to the Convention.

(1) Council Directive of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, OJ L 175, 5.7.1985, as amended by Council Directive 97/11/EC of 3 March 1997, OJ L 73, 14.3.1997.