EN Official Journal of the European Union CE 33/117

(2004/C 33 E/117)

WRITTEN QUESTION E-1428/03

by Laura González Alvarez (GUE/NGL) and Salvador Jové Peres (GUE/NGL) to the Commission

(24 April 2003)

Subject: Urban development plans in Pinya de Rosa (Blanes, Catalonia)

The Pinya de Rosa estate, the last undeveloped nature area on the coastal strip (with 1 400 metres of coastline) in the Blanes municipal district, includes the Pinya de Rosa Tropical Gardens (with 700 species), a 60-year-old mixed wood of holm oaks and pines, a rocky coastline in a perfect state of conservation and richly diverse flora and fauna on the sea bed and along the shore.

The proposal for a European Parliament and Council recommendation for Integrated Coastal Zone Management in Europe recommends drawing up national strategies to protect the severely threatened coastal environment, particularly on the Mediterranean coast.

There have since 1994 been determined efforts by certain groups of investors to develop this nature area, which would mean that the whole of the sea-front of Blanes would become man-made.

In view of all the above, and if as seems likely this development plan goes ahead, does the Commission not agree that this would affect various directives, including:

— 85/337/EEC (1), as amended by 97/ll/EC (2), on the assessment of the effects of certain public and private projects on the environment;

— 92/43/EEC (3) on the conservation of natural habitats and of wild fauna and flora?

Answer given by Mrs Wallström on behalf of the Commission

(16 June 2003)

The Honourable Members ask the Commission if a proposal for an urbanisation project in Pinya de Rosa (Blanes-Cataluña-Spain) is subject to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (EIA Directive) as amended by Council Directive 97/11/EC of 3 March 1997, and to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (Habitats Directive).

The Honourable Members state that the rural property of Pinya de Rosa is the last natural space of the coastal strip in the municipality of Blanes with 1 400 meters of coast line including a Tropical Garden (700 species), a mixed forest of oaks and pines of more than 60 years of age, as well as a rich flora and fauna in the sea-bed and the coast.

According to the EIA Directive, Member States are obliged to ensure that, before development consent is given, projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject to an assessment of the environmental effects. Certain infrastructure projects and projects for tourism and leisure are included in Annex II of the EIA Directive, which could cover the urbanisation project mentioned by the Honourable Members. In that case Member States have to determine if the project is likely to have significant effects on the environment on a case-by-case basis or by using thresholds or criteria. The relevant selection criteria set out in Annex III of the EIA Directive shall be taken into account. In the affirmative an environmental impact assessment has to be carried out.

Regarding the Habitats Directive, Member States are responsible for the designation of Sites of Community Importance. These sites have to fulfil the criteria set out in Annex III, stage 1 of the Habitats Directive. These are based on assessment, at national level, of the relative importance of the sites for each natural habitat type of Community interest and each species of Community interest whose conservation requires the designation of Special Areas of Conservation.

According to the information available, the site has not been proposed by the Spanish Authorities as Site of Community Importance, nor designated as Special Protected Area for birds.

(1) OJ L 175, 5.7.1985, p. 40.

(2) OJ L 73, 14.3.1997, p. 5.

(3) OJ L 206, 22.7.1992, p. 7.