WRITTEN QUESTION E-0645/01

by Alexander de Roo (Verts/ALE), María Sornosa Martínez (PSE) and Laura González Álvarez (GUE/NGL) to the Commission

(6 March 2001)

Subject: Spanish National Hydrological Plan and EU law

Has the Spanish Government informed the European Commission officially of their recently proposed National Hydrological Plan (NHP)?

Is the European Commission aware that according to Birdlife International (see www.seo.org/es/conservation.html) this NHP cuts through no fewer than 109 areas which are protected by the EU Habitats and Birds Directives? Is the European Commission aware that this NHP threatens the existence of the Iberian lynx and dozens of other fauna and flora species?

In the Ebro river delta alone 30 protected areas are under threat.

According to Article 6 of these Directives such plans as NHP are allowed only when the Spanish Government proves that there are no alternatives. Has the Spanish Government proved this to the European Commission?

Are there not at least two alternatives for this NHP:

1. Using existing water resources much more rationally and installing drip-irrigation installations for agriculture (like in Israel) instead of flooding the whole agricultural land;

2. Desalinisation of water from the Mediterranean Sea is cheaper than the NHP according to studies from the government of Aragon (see General submissions and considerations concerning the National Hydrological Plan)?

Will the European Commission point out to the Spanish Government that this NHP violates the EU Habitats and Birds Directives?

Will the European Commission refuse to grant the amounts of money (one third of all costs) which the Spanish Government hopes to receive from EU funds?

Is the European Commission prepared to put European Structural Fund money for Spain on hold until the Spanish Government respects the EU Habitats and Birds Directives?

Answer given by Mrs Wallström on behalf of the Commission

(7 June 2001)

The Spanish Government has informed the Commission of their proposed National Hydrological Plan. The Commission refers in this point to the replies it gave to the Oral Questions H-0843/00 by Mrs Sornosa Martinez during question time at Parliament's November 2000 part-session(1), H-0904/00 by Mrs Sornosa Martinez (December 2000)(2), H-0973/00 by Mrs Sornosa Martinez (January 2001)(3) and H-0186/01 by Mrs Garcia-Orcoyen Tormo (March 2001)(4) concerning this issue.

Many of these projects envisaged in the draft Plan could affect Special Protected Areas (designated by Spain pursuant to article 4 of Council Directive 79/409/EEC, of 2 April 1979, on the conservation of wild birds)(5) or Sites of Community Importance (to be integrated into the Natura 2000 network under the Council Directive 92/43/EEC, of 21 May 1992, on the conservation of natural habitats and of wild fauna and flora)(6). Therefore, the species included in the Annexes II and IV of the Habitats Directive and the species in Annex I of the Birds Directive could be affected as well.

According to article 6.3 of the Habitats Directive, the plan as such has to be subject to a global impact assessment, independent of the impact assessment that many of the individual projects will have to undergo.

Therefore, the plan itself should be subject to the provisions of article 6 of Directive 92/43/EEC. This article explains that plans likely to affect protected sites (either under 79/409/EEC birds directive or 92/43/EEC habitats directive) should be subject to an impact assessment. If the assessment reveals an important negative effect on the sites concerned, the plan can only be authorised in absence of alternatives, for reasons of overriding public interest and with compensation measures.

The Spanish authorities submitted their draft Plan to the Commission. The information submitted includes a study on its likely environmental effects. The draft Plan is currently being examined by the Commission and should shortcomings be identified, they will be swiftly brought to the attention of the Spanish authorities.

With regard to the nature conservation directives, the Spanish authorities committed themselves to undertake all necessary measures to ensure that these directives will be respected.

It must be noted that, at this stage the plan is still a draft document, which is currently under discussion in the Spanish Parliament. Therefore, it would be premature to presume conflicts between the Plan and existing Community legislation or policy.

The financing of measures related to the Plan by the Structural Funds and the Cohesion Fund is made in accordance with the relevant legislation, in particular Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(7) and with the Community Support Framework for Spain Objective 1, 2000-2006 and other relevant programming documents, and Council Regulation (EC) No 1264/1999 of 21 June 1999 amending Regulation (EC) No 1164/94 establishing a cohesion fund(8). All of these give due consideration to the respect of environmental legislation, including the Community Habitat and Bird-Directives mentioned by the Honourable Members. Furthermore, on 14 March 2001 a letter was addressed to Member States

concerning the notification of Natura 2000 sites to the Commission and their protection during operations which are part-financed by the structural funds and the rural development programme, mainly concerning the investments in agricultural holdings.

(1) Written reply, 15.11.2000.

(2) Written reply, 13.12.2000.

(3) Oral reply, 16.1.2001.

(4) Written reply, 13.3.2001.

(5) OJ L 103, 25.4.1979.

(6) OJ L 206, 22.7.1992.

(7) OJ L 161, 26.6.1999.

(8) OJ L 161, 26.6.1999.