WRITTEN QUESTION E-1549/02

by María Sornosa Martínez (PSE) to the Commission

(3 June 2002)

Subject: Impact of the Júcar-Vinolopó water diversion on the Parque de la Albufera in Valencia

The Commission has just decided to close Complaint 2000/4266, submitted by the Rio Júcar Coordinating Committee on the environmental impact of the Júcar-Vinolopó interbasin diversion. In reply to my question E-3668/01(1), the Commission stated that, as the Spanish authorities note in the environmental impact statement, the diversion will not have a negative impact on the environment in the Parque de la Albufera nature reserve.

However, it would appear that the Commission has not taken account of the problem of altering the ecological feed rate which the Albufera Nature Reserve requires in order to survive, which is not mentioned in the environmental impact statement either. As argued by the complainants in their submission of 12 April 2002, the fact that the project does not deal with the ecological waterflow required by the Albufera Nature Reserve is due to the fact that the project was worked out on the basis of the official Report on the resources of the river Júcar: impact of the Júcar-Vinalopó interbasin diversion' published by the Júcar Water Board, which states that the foreseeable water savings will amount to 240 Hm3 (shared between the Júcar-Vinalopó diversion, the Júcar-Turia canal and the Mancha Oriental).

What this official report does not take into account is the following:

- the forecast savings will be produced by changing irrigation by riverbank flooding into localised irrigation, which means that the back-flows and run-off water which the Natural Park requires will no longer be produced;

- the figure given for the savings represents what they are calculated as being when the entire irrigation system is modernised, but the interbasin diversion is going to be built without modernisation being complete;

- the obtaining of these savings should be accompanied by a reserve of at least 100 Hm3, and this reserve is not included in the interbasin diversion project.

For that reason, and although the Spanish authorities claim that they have chosen the least ecologically harmful alternative amongst those on offer, data does exist which confirms, on the one hand, that the impact of the interbasin diversion is not going to be only minor for the proposed SCIs and SPAs and, on the other, that the Commission's statement in its reply to question E-3668/01 that the project will not have any impact on the Albufera Nature Reserve remains questionable.

Does the Commission not think, in the light of the facts set out and the fresh allegations presented by the complainants, that it should re-open Complaint 2000/4266?

Could the Commission carry out the evaluation, still pending in its answer to Question E-3668/01, of the data provided by the Ornithology Society Report on the impact of the interbasin diversion on protected areas and species?

(1) OJ C 172 E, 18.7.2002, p. 107.

Joint answerto Written Questions E-1549/02 and E-1550/02given by Mrs Wallström on behalf of the Commission

(17 July 2002)

The Commission investigated a complaint (reference 2000/4266) relating to the Júcar-Vinalopó diversion project and its effects on the environment. This involved an exchange of information with the Spanish authorities. In reply to her last written question (E-3668/01)(1) on the subject, the Honourable Member was informed of the conclusions of the investigation.

These conclusions were also notified to the complainant. The complainant sent the Commission a letter objecting to the closing of the complaint and providing further information refuting the arguments put forward by the Spanish authorities. It should be noted that the Commission did not decide to close the file and that complaint 2000/4266 is still open. The Commission is now examining the new information it received.

Examination of the file shows that the project in question was started before the Spanish authorities designated Sierra de Martés Muela de Cortés as a Special Protection Area (SPA) for birds. The Sites of Community Importance (SCI) for inclusion in the Natura 2000 network mentioned by the Honourable Member were also proposed by the Spanish authorities after the environmental impact assessment procedure had been completed. In any case, the Spanish authorities maintain that the ecological and natural value of these areas were taken into account when the environmental impact assessment was carried out.

The Spanish authorities point out that some changes were made to the project in the light of comments received during the public consultation period, so as to avoid any adverse environmental impact. They looked at various alternatives and chose the least ecologically harmful one. They also adopted corrective measures. The final solution adopted for the 67 kilometre diversion project provides for 61 % of the pipeline to be buried and the remaining 39 % to pass through tunnels.

With regard to the waterflow needed by the Albufera Nature Reserve, the Júcar Basin Hydrological Plan, adopted by the Spanish Government, guarantees a reserve of 100 cubic hectometres (Hm3) to meet the Reserve's water requirements, as specified in the environmental impact statement.

The Spanish Ornithology Society report mentioned by the Honourable Member draws attention to the ornithological values of the area in question and has been examined by the Commission.

It should be noted that when investigating this case the Commission examined all the information in its possession, and the information provided by the Spanish authorities, the complainant and the Honourable Member in her written questions.

(1) OJ C 172 E, 18.7.2002, p. 107.