WRITTEN QUESTION E-2661/02

by Patricia McKenna (Verts/ALE) to the Commission

(23 September 2002)

Subject: Project for regeneration of Almadrava and Les Devesses beaches, Denia, Alicante

The fishermen of Denia (Autonomous Community of Valencia) have denounced a project of public works by the Spanish Ministry of the Environment (28/1126/96) which has already been contracted. This project is apparently receiving EU funding. This project is called Proyecto de Recuperación del Entorno Natural de la Playas de la Almadrava y Les Devesses de Denia, Alicante. According to the fishermen of Denia, this project violates Directives 79/409/EEC(1) (Birds), 92/43/EEC(2) (Habitat), 97/11/EC(3) (Environment Impact Assessment) and 90/313/EEC(4) (Access to Environmental Information) as it seriously affects protected marine and bird habitats, ignoring the need for environmental impact studies and not giving citizens free access to environmental information.

The case was denounced in a petition to the European Parliament in July 2000 (Petition 472/2000, by Juan José Camarena Llopis on behalf of the Cofradia de Pescadores de Denia, the Fishermen's Association of Denia). The petition was considered on 10 November 2000, by

Parliament's Petitions Committee and sent to the Commission on 30 November 2000. On 21 January 2002 the President of Parliament's Petitions Committee responded again to the petitioners, re-stating that the petition had been sent to the European Commission. After that, no further information has been received.

Can the Commission clarify what is the current position of its investigation?

Why has the Commission not responded to this petition?

Can the Commission confirm that the project is EU funded? If yes, by which means?

Does the Commission consider that EU directives have been infringed?

(1) OJ L 103, 25.4.1979, p. 1.

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

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

(4) OJ L 158, 23.6.1990, p. 56.

Answer given by Mrs Wallström on behalf of the Commission

(11 November 2002)

The Commission sent an initial communication on Petition 472/2000 on 7 March 2001 and a further communication has just been prepared following the receipt of new information from the petitioner.

According to the information at hand, the beach regeneration project which is the subject of this written question is likely to have a significant impact on sites proposed by the Spanish authorities for inclusion in the Natura 2000 network, due either to sand extraction or to the beach regeneration itself. Incidentally, these sites contain a priority habitat of Community interest listed in Annex I to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (Posidonia beds Posidonion oceanicae).

The Commission asked the Spanish authorities for their comments on the situation reported by the petitioner and on the implementation in this instance of Council Directive 92/43/EEC and 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. It is currently examining the Spanish authorities' reply and will not fail to inform the Honourable Member and the Petitions Committee of developments in the dossier.

The Commission has to date received no request for cofinancing of the Almadrava and Les Devesses beach regeneration project at Denia, either through the Cohesion Fund or through the Structural Funds.