WRITTEN QUESTION E-0004/01

by Alexander de Roo (Verts/ALE) to the Commission

(17 January 2001)

Subject: Increase in the capacity of the Yesa Reservoir

As part of its new water-resources management plan, the Spanish Government is aiming to increase the capacity of the Yesa Reservoir, in the province of Huesca on the River Aragón. This reservoir, if expanded, will inundate an additional 4804 ha and cost ESP 37 000 million ( 222,37 million).

The plan to increase the capacity of the Yesa reservoir has been widely contested by a wide range of stakeholders. A call for tender for the project has been issued, but it is currently subject to administrative appeal on the grounds of serious irregularities in the handling of the Environmental Impact Assessment procedure.

Can the European Commission confirm that the project will flood a large part of the Foz de Sigües, protected by Decree 85/1990 of the Regional Government of Aragon, as it includes 69 ha of riparian vegetation deemed to be of outstanding ecological interest and which should be protected under the Habitats Directive? What measures has the Commission taken to guarantee protection of the environment, the fauna and the flora of this area? Is the list of habitat sites of Community importance for the region of Aragon proposed to date fully satisfactory?

Can the Commission confirm that irregularities have occurred in the handling of the Environment Impact Assessment procedure under EU legislation? What steps has the Commission taken to ensure that a proper environmental impact assessment is carried out?

Has the European Commission investigated the fact that the Spanish Government has tried to secure EU funding for this project by dividing it into various little projects, as an increase in the capacity of the reservoir was not eligible for EU funding? Does the Commission consider that this funding application procedure is admissible in law?

Answer given by Mrs Wallström on behalf of the Commission

(15 March 2001)

It should be pointed out first of all that the area where the project mentioned by the Honourable Member is to be carried out has not been classified by the Spanish authorities as a special protection area for birds under Article 4 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(1). Moreover it is not an area identified by the scientific community as an area of importance for birds in accordance with the inventory drawn up by national experts and Birdlife for the Commission in 1998.

In addition that area has not been identified in the Spanish authorities' national list of sites of Community relevance that in future, are likely to include the Natura 2000 network in pursuance of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natiural habitats and of wild fauna and flora(2). It must be noted that the environmental impact assessment for this project points out that the additional area to be flooded as a result of extending the Yesa reservoir will not affect the Natura 2000 areas set out in the national list referred to above.

The Commission had not been aware of the facts mentioned by the Honourable Member with regard to the ecological importance of the Foz de Sigües, an area which seems to be covered by a national protection system.

The list of habitat sites of Community relevance in the Aragón region so far put forward for that region is unsatisfactory. Aragón has designated 6 % of its territory as Natura 2000. That figure has been judged clearly inadequate by the Commission in relation to the ecological diversity of the region and the percentage sugggested for the entire country (18 %).

Secondly, it should be noted that the Commission is examining the compliance with environmental law of the extra height added to the Yesa dam as part of its investigating the two complaints on the same subject.

It should be noted that said project was subjected to the environmental impact assessment procedure under Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(3). The Environmental Impact Statement was adopted by the Ministry for the Environment published in the National Official Journal on 23 April 1999.

As part of its examination of this case the Commission turned to the Spanish authorities in order to ask for their comments on the project referred to above. Since the answer was not received within the deadline set a reminder concerning this matter was then sent to the Spanish authorities.

The Commission cannot state any views on the possible irregularities mentioned by the Honourable Member which, in any case, are covered by legal procedures before the Spanish courts.

In January 2001 the Commission proposed that a decision be adopted on joint financing, under the cohesion funds, of a project concerning the water supplies for the city of Zaragoza and of the 22 municipalities in the Ebro corridor, covering 70 901 365. The work concerns the pipework running from the La Loteta reservoir to Zaragoza and to the other locations, not including the ducting of water from the Pyrenees as provided for in the initial project.

This project has never been included in the funding of the extension of the Yesa reservoir nor has it had any direct relationship with this, apart from the construction of pipework running from Yesa to La Loteta. The exchanges with the Spanish authorities have just been concluded with the agreement on another project that is likely to resolve the existing problem in Zaragoza and the abovementioned municipalities, without needing any such pipework, with a guarantee of water supplies at an acceptable quality.

(1) OJ L 103, 25.4.1979.

(2) OJ L 206, 22.7.1992.

(3) OJ L 175, 5.7.1985 as amended by Directive 97/11/EC of 3 March 1997 (OJ L 73, 14.3.1997).