WRITTEN QUESTION E-4157/97 by Laura González Álvarez (GUE/NGL) and Pedro Marset Campos (GUE/NGL) to the Commission (21 January 1998)

Subject: Plan to build a golf course in the Lagunas de Villafáfila game reserve (Castilla y León, Spain)

The Government of Castilla y León is planning to build a golf course in the Lagunas de Villafáfila game reserve, a protected area of great environmental importance. This area was designated an area of special protection for birds, because of the presence of birds of the steppes, particularly bustards, which are to be found here in greater density than anywhere else in the world. An installation of this kind would upset the hydrogeological balance of the area, particularly the salt marshes, which, together with the other aquatic ecosystems present, are included on the list of wetlands of international importance drawn up under the Ramsar Convention.

The international recognition of the significant environmental importance of the Villafáfila Lakes region means that there is a danger that one of the consequences of the building of a golf course would be the withdrawal of the LIFE, Leader or Interreg funds allocated to the area under various initiatives. It would also mean losing the opportunity to ensure genuine sustainable development in this area, rather than giving it over to an activity of highly doubtful socio-economic value.

1. Is the Commission aware of this situation?

2. Will it say if this project enjoys the support of European Union structural measures?

3. What measures can the Commission take to ensure the application by the Spanish authorities of Community law on the environment and in particular the following directives:

(a) Directive 85/337/EEC ((OJ L 175, 5.7.1985, p. 40. )) on the assessment of the environmental impact of certain public and private projects;

(b) Directive 92/43/EEC ((OJ L 206, 22.7.1992, p. 7. )) on the conservation of natural habitats and of wild fauna and flora?

Answer given by Mrs Bjerregaard on behalf of the Commission (24 February 1998)

The Commission's attention was drawn to the facts described in this Written Question through the submission of a complaint.

Under the Life programme, the Commission funds a project for the protection of bustards in the area.

Article 2 of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the environmental impact of certain public and private projects stipulates that, before consent is given, projects likely to have significant effects on the environment by virtue of their nature, size or location must be made subject to an assessment with regard to their effects. This provision applies to the projects listed in Annexes I and II to the Directive.

Plans to build golf courses are not referred to in either of these Annexes. Directive 85/337/EEC therefore does not apply to the situation described in the Written Question. However, the Vallafáfila area has been designated by the Spanish authorities as a special protection area (SPA) for birds under Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds ((OJ L 103, 25.4.1979. )).

Nonetheless, 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, which applies to SPAs by virture of Article 7 of the Directive, lays down that any plan or project not directly connected with or necessary for the management of the site but likely to have a significant effect on it shall be the subject of an appropriate assessment of its implications for the site in view of the site's conservation objectives. In the light of the conclusions of the assessment of the implications, the national authorities may agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, having obtained the opinion of the general public.

The action put into motion by the Commission on learning the facts described by the Honourable Members included writing to the Spanish authorities to request information.

In reply, the Spanish authorities pointed out that the project in question had been the subject of an environmental impact assessment during which the opinion of the general public was sought. Following this consultation procedure, the project's promoter was asked to carry out additional studies relating to hydrogeology, the use of plant protection products and the effects on the fauna. According to the Spanish authorities, these studies and other reports in the hands of the Autonomous Community show that the project in question will not have any negative impact on the birds for which the area was designated as an SPA.

On the basis of this information, the Commission has not found any breach of obligations arising from the abovementioned Directive 92/43/EEC.