WRITTEN QUESTION P-2534/01

by María Sornosa Martínez (PSE) to the Commission

(11 September 2001)

Subject: Canalisation of the Poyo, Torrent, Chiva and Pozalet ravines (Valencia)

In July of this year the Valencian authorities published a Notice of Occupation relating to the compulsory purchase order issued in connection with the plan to enhance and adapt the beds of the Poyo, Torrent, Chiva and Pozalet ravines, which are located in the Valencia region of Spain.

The Commission has already been made well aware of the harmful effect which the implementation of such a project would have on the environment by means of Question E-1059/00(1) (which was tabled by the author of this question) and Complaints 99/4430 and 99/4494, which were lodged with the Commission by groups and associations opposed to the project.

The Commission has still not responded to the allegations and complaints submitted to it. All that is known is that the Commission, which was not satisfied with the initial response from the Spanish authorities, has requested further information from them.

In view of the need for the Albufera de Valencia special bird protection area (which, incidentally, the Spanish authorities themselves have proposed for classification as a site of scientific interest) to be safeguarded as a matter of urgency, and given that the Commission has acknowledged the fact that Spain has infringed Articles 6(2), 6(3) and 6(4) of Directive 92/43/EEC(2) by failing to submit the ravine canalisation project to an appropriate assessment of the effects which it is likely to have on the local area, would the Commission say what stage it has reached in dealing with Complaints 99/4430 and 99/4494?

What urgent action is the Commission intending to take in order to ensure that Community directives are complied with and that the species threatened by the project are properly protected?

Does the Commission not think that it should ask the Spanish authorities to freeze the current project (which receives financial support from the Cohesion Fund under project number 97.11.61.012) until it can be guaranteed that the canalisation project which is currently being implemented (even though the need for it is open to question) will not do any damage to the environment?

(1) OJ C 46 E, 13.2.2001, p. 114.

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

Answer given by Mrs Wallström on behalf of the Commission

(8 October 2001)

The Commission learned of the situation described by the Honourable Member through Complaints 99/4430 and 99/4494, as referred to in the Written Question.

In following up those complaints, the Commission contacted the Spanish authorities several times to request their comments on the situation as reported. Having received no reply by the given deadline, the Commission sent Spain a letter of formal notice based on Article 10 (ex Article 5) of the EC Treaty.

The Spanish authorities then sent a reply from which it emerged that they had not taken account of the fact that the project will affect 6 230 square metres of the special bird protection area (SPA), which the Spanish authorities have also proposed as a site of Community interest for inclusion in the Natura 2000 network (pSIC ES00023 Albufera de Valencia).

The Spanish authorities' impact assessment study failed to take account of the project's significant effect on the SPA, as required by Article 6(3) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(1). The site contains six different habitat types listed in Annex I to that Directive. The project would affect these habitats, as well as several species in the SPA. For instance, the freshwater habitats would be destroyed by extensive deep runoff, while the inflow of water into the lake would be altered as a result of the canalisation.

A letter of formal notice (for improper application of Directive 92/43/EEC) was therefore sent to the Spanish authorities. In their latest reply they say that, in the light of a report from the Júcar Water Authority, they have decided to produce a new impact statement with a view to altering the project so as to prevent the adverse impact, and indicate that the consent to carry out the first phase of the project has been suspended. The Commission is now examining both the fairly technical reply from the Spanish authorities and the new information received from the Honourable Member with a view to deciding how to pursue the matter.

Payments to the Restitución y adaptación de cauces naturales de los Barrancos Poyo, Torrente, Chiva y Pozalet project, co-financed through the Cohesion Fund by virtue of Decision C(1999) 2161 of 20 July 1999, have recently been suspended pending the outcome of the proceedings initiated under Article 226 (ex Article 169) of the EC Treaty. Should the investigation procedure confirm that the relevant Community legislation has not been complied with, the Commission will withdraw the aid and recover any sums already paid.

(1) OJ L 206, 22.7.1992.