WRITTEN QUESTION P-2487/01

by Pere Esteve (ELDR) to the Commission

(5 September 2001)

Subject: Starting work on the Sant Jordi purification plant

My Written Question E-0470/01(1) of last February asked the Commission about alleged illegal proceedings with regard to building a purification plant at Sant Jordi in Mallorca.

The Commission, which had not been aware of the facts until that point, claims that it contacted the Spanish authorities to obtain their comments on the application of Directives 85/337/EEC(2) and 97/11/EC(3) in respect of the case. It would appear that the planned siting did not meet these Directives.

The total cost of the project is 5 000 million pesetas, 85 % whereof is aid supplied from European funds.

On Thursday 30 August, the Spanish Minister of the Environment announced that he intended to begin building work on the plant in October. Ministry sources stated that with regard to the alleged illegal siting of the construction project, Brussels had deemed the new plant feasible.

What was the result of the Commission's contacting the Spanish authorities?

Does the project now enjoy full Commission approval? If so, does the Commission believe that it is appropriate to fund a project whose allegedly illegal siting is already being examined and has been declared admissible by the European Parliament's Committee on Petitions?

Further, on 5 April 2001, the Ministry of the Environment replied to an enquiry from the organised opposition to the project that a deadline for the European funds for the project ended in July. Madrid is now claiming that the deadline is October, and, moreover, that this is a flexible deadline. What is the real deadline the Ministry needs to meet in order not to lose the subsidy?

(1) OJ C 261 E, 18.9.2001, p. 122.

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

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

Answer given by Mrs Wallström on behalf of the Commission

(11 October 2001)

As it mentioned in its answer to the Honourable Member's Written Question E-470/01(1), the Commission has contacted the Spanish authorities to obtain their comments on the application of the Community environment legislation that might be relevant to this case. The Commission has already received and examined the Spanish authorities' reply.

First of all, the Spanish authorities had not classified the area where the municipal waste water treatment plant was to be built as a Special Protection Area for birds pursuant to Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(2). Neither have they included this area in their national list of sites of Community interest likely to contribute to the coherence of the Natura 2000 network in accordance with Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(3). As a result, from the point of view of nature conservation, this case is entirely the responsibility of the Spanish authorities.

With regard to the obligations arising out of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, the Honourable Member's attention is drawn to the answer to the previous written question.

It should be pointed out that Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC does not apply to this case on account of the date of the request for authorisation of the project concerned.

Projects for waste water treatment plants are to be found in Annex II to Directive 85/337/EEC. According to Article 4(2) of that Directive, projects of the classes listed in Annex II have to be made subject to an assessment where the Member State concerned considers that their characteristics so require. The Spanish authorities inform the Commission that after examining the project the Environment ministry did not consider it necessary to put this project through the formal environmental impact assessment procedure.

At all events, the Spanish authorities say that the project has been opened for public consultation and that its effects on the environment have been assessed. They note that it is very necessary for the town of Palma de Mallorca for this project to be carried out and placing this plant in service will make it possible to comply with the obligations under Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment(4).

The Commission has been unable to conclude from its examination of this case that there has been a breach of Community environment law.

The waste water treatment plant envisaged for the Prat de Sant Jordi area, corresponding to the municipality of Palma de Mallorca, is co-financed by the Cohesion Fund(5). Of a total eligible cost estimated at 22 451 million, Community aid amounts to 19 083 million, representing 85 % Community participation.

The expenditure for the preparatory studies and the main works has to be made within the period between 28 July 1998 and 30 December 2003.

As regards the period in which the above expenditure is to be made, the Commission may postpone the final date given above if the Member State sends it valid supporting material to justify this before the finalisation date.

(1) OJ C 261 E, 18.9.2001.

(2) OJ L 103, 25.4.1979.

(3) OJ L 206, 22.7.1992.

(4) OJ L 135, 30.5.1991.

(5) Decision C (1999) 2379, 26.7.1999.