WRITTEN QUESTION E-1253/01

by María Sornosa Martínez (PSE) to the Commission

(26 April 2001)

Subject: Failure to comply with the Habitats Directive in the case of Posidonia oceanica in Valencia (Spain)

The Government of the Community of Valencia (the Generalitat) has already put forward its official proposal for sites of Community interest for the Natura 2000 network. In the proposal the Generalitat has omitted most of the feeding-grounds of Posidonia oceanica in Valencia. Although a few are included off the Alicante coast, the proposal does not consider of interest major expanses of this marine plant in the provinces of Valencia and Castellón.

In its representations to the Spanish National Hydrological Plan (PHN) the WWF/ADENA organisation submitted a document (also sent to the Commission) drawing attention to the danger that many of the 71 areas eligible for declaration as sites of Community interest would not be taken into account by the Spanish authorities when designating Natura 2000 areas. I myself had occasion to inform Mrs Wallström(1) that the process had not only already begun in Spain but was also likely to be based on the content of the present PHN.

Now action by the Valencian Government in the case of Posidonia oceanica has confirmed the situation as stated.

Bearing in mind that Annex I of the Habitats Directive, 92/43/EC(2), includes Posidonia beds as natural habitat types of Community interest whose conservation requires the designation of special areas of conservation, and that the Commission has taken legal action against Spain for its scanty designation of special areas of conservation for birds,

Does the Commission not agree that there has been a clear violation of the Habitats and Birds Directives by the Valencian Government in the case of the Posidonia beds?

What steps will the Commission be taking to require Spain to protect its Posidonia beds?

In what way does the Commission intend to influence the Spanish PHN to prevent situations such as that described above and so ensure that no damage is done to any site eligible for designation as a site of Community interest for the Natura 2000 network?

(1) Question Time, February 2001 part-session.

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

Answer given by Mrs Wallström on behalf of the Commission

(21 June 2001)

The Community considers the Posidona beds (Posidona oceanica) habitat referred by the Honourable Member to be a priority, as stipulated in Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and wild flora and fauna.

This concerns a natural habitat which is in danger of disappearing, the Community having particular responsibility for its conservation in view of the natural range which falls within Community territory.

The Directive establishes a European ecological network containing special conservation areas called Natura 2000. The Member States are thus obliged to contribute to this network by designating sites hosting these natural habitats.

The list of sites selected as sites of Community importance must be finalised by the Commission based on a draft list drawn up by the Commission in agreement with the Member States. This first list is drawn up after the Member States have sent the relevant information and their analysis. This analysis is confirmed by the European Environment Agency's Nature Topic Centre and the results are finally adopted during the special biogeographical seminars which are open to non-governmental organisations (NGOs).

Information regarding future sites to be protected in the Mediterranean is continuously submitted to the Commission. A biogeographical seminar for the Mediterranean is scheduled to take place before the end of 2001. Therefore, any pronouncement on whether or not the Spanish proposals are adequate regarding the protection of the Posidona beds is certainly premature.

As regards the National Hydrological Plan, it should be noted that this plan has been the subject of several information exchanges between the Commission and the Spanish authorities, the latter reaffirming their commitment to comply with Community law applicable throughout implementation of the plan.