WRITTEN QUESTION E-0139/00

by Marie Isler Béguin (Verts/ALE) to the Commission

(27 January 2000)

Subject: LIFE-Nature contract for wetlands conservation in Murcia (Spain)

In 1993 the Commission signed a LIFE(1)(2) contract with the Spanish region of Murcia, including conservation measures for the Saladar de Lo Poyo protected area of natural beauty. Parliament's Committee on Petitions is currently examining Petition 921/96 on Modification No 55 to the Cartagena Territorial Plan(3), which proposes a large-scale housing development for over 20 000 people in the immediate environs of the wetlands. In response, in July 1997 the relevant Commission services decreed the provisional suspension of further payments under the contract, pending solid guarantees concerning long-term conservation in the area. In June 1999 it was decided to lift the suspension, in return for two guarantees: firstly, final adoption(4) of the natural resource plan provided for under Regional Law 4/1992(5); and secondly, forwarding of the supplementary documentation relating to the environmental impact assessment for the development.

Despite the above, the authorities concerned have approved the housing development(6), together with the environmental impact assessment; the natural resource plan and the appropriate integration of the supplementary documents are still awaiting final approval. Meanwhile, neither Modification No 55 nor the Action Programme has been submitted for an appropriate assessment of their environmental consequences, as should have been done pursuant to Directives 85/337/EEC(7) and 97/11/EEC(8), even though both more than obviously fall within the types of project and criteria set out in the annexes to those Directives.

In addition, this area is recognised(9) as being of major importance for bird life, and has been designated(10) a RAMSAR site. It should, therefore, have been designated a special protected area under Directive 79/409/EEC(11), as the regional authorities themselves have recognised(12); it should also have been included on the list of potential sites under NATURA 2000, pursuant to Directive 92/43/EEC(13).

Does the Commission intend to adopt concrete measures, in the context of the LIFE contract, in relation to the failure to act on the guarantees offered by the beneficiary? If so, what form would such measures take? Does the Commission consider it desirable to take out legal or other action in respect of the beneficiary's policy for Saladar de Lo Poyo and the surrounding area, in the context of the effective application of the above-mentioned EC directives?

(1) Commission decision of 15 October 1993 COM(93) 2824.

(2) LIFE-Nature project B4-3200/93/775.

(3) Order of 2 August 1996 of the regional Ministry for Regional Planning and Public Works, ratified by agreement of the Government of the Region of Murcia, 24 January 1997.

(4) This plan was initially adopted by an order of the regional Ministry for the Environment, Agriculture and Water of 28 December 1998.

(5) Regional Law 4/1992 (Regional Planning and Protection), Region of Murcia (30 July 1992).

(6) Order of 3 November 1999 of the regional Ministry for Regional Planning and Public Works approving the Planning Action Programme for the Lo Poyo area.

(7) OJ L 175, 5.7.1985, p. 40.

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

(9) Important areas for bird life in Spain, Spanish Ornithological Society Bird Life International, 1998.

(10) Resolution of 4 November 1994 on the Council of Ministers agreement of 15 July 1994.

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

(12) Agreement of the Regional Advisory Council of October 1996, on a proposal from the regional Ministry for the Environment, Agriculture and Water.

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

Answer given by Mrs Wallström, on behalf of the Commission

(8 March 2000)

The Commission is jointly financing a wetland conservation project in that area entitled LifeB4-3200/93/775 Conservación y Gestión de Humedales y otros ecosistemas característicos de zonas áridas de la región de Murcia in pursuance of Council Regulation (EC) No 1404/96 of 15 July 1996 amending Regulation (EEC) No 1973/92 establishing a financial instrument for the environment (LIFE)(1).

The Commission has sent several requests for information to the recipient under the Life-Nature Project i.e. the administration of the Murcia Region. The Commission reminded the Life-Nature Project's recipient in its two most recent letters requesting information that several items of mail had still not been answered, and requested it to do so without delay.

While awaiting the precise response to those requests i.e. the final site plan and supplementary study, the Commission has temporarily frozen the payments under the contract in order to have the time needed in order to take decision. So far no answer has been received.

Since the Commission has so far not received any guarantees from the Spanish regional authorities that are likely to give proper protection to the area in question, the Commission will take any action that it considers necessary, including that provided for in the contract referred to above, with regard to suspending, or possibly recovering, the payments made.

(1) OJ L 181, 20.7.1996.