WRITTEN QUESTION E-1352/03

by Camilo Nogueira Román (Verts/ALE) to the Commission

(10 April 2003)

Subject: The Morrazo super highway in Galicia

Last September, in Written Question E-2581/02(1), I set out the serious social and economic problems and damage to the environment and landscape which could be caused by the envisaged route and technical solutions adopted, and the objections to the scheme submitted by thousands of Morrazo citizens; I also raised various issues concerning different aspects of the scheme.

The Commission's preliminary answer of 4 October 2002 said that the Commission was collecting the information it needs to answer the question and would communicate its findings as soon as possible. A second reply of 18 February stated that the Spanish authorities had claimed that the environmental impact study had been carried out in July 2002, and that the building of the highway would start between December 2002 and February 2003, although in fact work has not yet begun. The environmental impact study cited by the authorities is the very one rejected by the people of Morrazo, which is what gave rise to my initial question. Furthermore, the Commission informs me that this impact assessment was never received in Brussels, from which it can be inferred that the appropriate authorities, i.e. the Galician Government, failed to meet the provisions of Article 26 of Regulation (EC) No 1260/1999(2), obliging them to provide information allowing an evaluation to be made of the environmental impact and the implementation of the precautionary principle and the principle that preventive action should be taken .

The Morrazo super highway is a monolithic project, which cannot be sub-divided by the public authorities, totalling EUR 70 million in investment, well in excess of the EUR 50 million laid down in Article 25 of Regulation 1260 as the threshold for the application of requirements concerning Article 26's information allowing an evaluation to be made of the environmental impact and the implementation of the precautionary principle and the principle that preventive action should be taken . Such information, which must be submitted to the Commission, covers inter alia: risk assessment, socio-economic benefits, foreseeable impact on the development of the region concerned, and information allowing an evaluation to be made of the environmental impact, implementation of the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay and compliance with the Community rules on the environment.

In the face of all these requirements not met by the Galician Government, plus the fact that the Galician Government did not even submit the environmental impact assessment to the Commission and that the deadline for starting work on the Morrazo super highway is already past, what necessarily urgent steps does the Commission intend to take vis-à-vis the Galician Government with regard to meeting Community legal requirements in response to the wishes of thousands of Galician citizens?

(1) OJ C 309 E, 12.12.2002, p. 235.

(2) OJ L 161, 26.6.1999, p. 1.

Answer given by Mr Barnier on behalf of the Commission

(2 June 2003)

In its answer of 18 February last to Written Question E-2581/02 on the same subject, the Commission said the Spanish authorities intended to include in measure 6,1 (Carreteras y autovías) of the Galicia 2000-2006 operational programme the building of such a road on the Morrazo peninsula, and, that the major projects approval procedure of Article 26 of Regulation 1260/1999(1) was applicable since the cost involved exceeded EUR 50 million (Art. 25 of same Regulation).

On 23 April 2003 the Commission received the information required by that procedure and is currently assessing the same in accordance with the relevant criteria.

The first paragraph of Article 26 says the Commission must be informed of such projects in advance, so no expenditure relating to this project declared to the Commission can be reimbursed prior to a formal decision being taken within the meaning of the third paragraph of the same Article.

Also, the Commission has received a number of complaints about the Morrazo project and the possible mis-application of Community environmental law, leading to an exchange of information with the Spanish authortiies. And this case featured on the agenda of the package meeting on environment-related complaints and infringement procedures held in Madrid on 3/4 April 2003. An enviromental impact study has been carried out, with the Spanish authorities finding the project would not affect any site proposed for inclusion in the Natura 2000 network. This matter is currently under examination by the Commission in the light of all of the above.

(1) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (OJ L 161, 26.6.1999).