WRITTEN QUESTION E-2506/97 by Laura González Álvarez (GUE/NGL), Alonso Puerta (GUE/NGL), Pedro Marset Campos (GUE/NGL) and María Sornosa Martínez (GUE/NGL) to the Commission (18 July 1997)

Subject: Environmental damage in the Picos de Europa national park (Spain)

The Picos de Europa national park is an ecosystem unique in Europe, a natural asset sheltering a number of endangered species and, in its woods, one of the last remaining brown bear populations in Europe.

This ecologically priceless enclave is now threatened by the construction of three roads, two cable railways and two small hydro power stations. These projects are examples of the grave situation of deterioration and exposure which is currently confronting the landscape, fauna and flora of the Picos de Europa national park.

1. Is the Commission aware of these environmental threats to the Picos de Europa?

2. Can the Commission state whether these projects are receiving EU structural funding?

3. What action can the Commission take to ensure that the Spanish authorities implement Community environment law, and, in particular, the following directives:

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

(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?

4. In view of the special protected status of the Picos de Europa national park, can the Commission state whether it has been included on the list of Community areas of outstanding natural beauty which, under the 'Habitats' directive (92/43/EEC), are in the near future to form the 'Nature 2000' network?

Can the Commission forward all information it obtains on the matter from the Spanish authorities?

Answer given by Mrs Bjerregaard on behalf of the Commission (13 October 1997)

1. The Commission has no knowledge of the projects referred to by the Honourable Members.

2. The Community is making no financial contribution to the projects referred to by the Honourable Members.

3. The Commission always endeavours to ensure compliance with Community legislation, as one of the tasks conferred on it by Article 155 of the EC Treaty. Amongst the panoply of instruments at its disposal in order to perform this task, it uses the procedure provided for by Article 169 of the EC Treaty whenever appropriate.

4. The Spanish authorities have yet to send the Commission their full national list of natural habitats to be classified under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. For this reason, the Commission has initiated an infringement procedure against Spain, pursuant to Article 169 of the EC Treaty ((Case 95/2231. )).

However, at least part of the area in question has been classified by the Spanish authorities as a special protection area for birds, as provided for by Article 4 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds ((OJ L 103, 25.4.1979. )).

Under Article 3 of Directive 92/43/EEC, the special protection areas classified by the Member States pursuant to Directive 79/409/EEC are included in the Natura 2000 network. Under Article 7 of the same Directive, Article 6(2), (3) and (4) of Directive 92/43/EEC applies to special protection areas for birds. This article places an obligation on Member States to take appropriate steps to avoid deterioration of natural habitats and the habitats of species as well as disturbance of the species for which the areas have been designated, in so far as such disturbance could be significant in relation to the objectives of the Directive.