WRITTEN QUESTION E-2731/01

by Patricia McKenna (Verts/ALE) to the Commission

(5 October 2001)

Subject: Enlargement of the Port of Ferrol (outer port)

With regard to my previous question E-1225/01(1) on the enlargement of the Port of Ferrol (outer port) by the Ferrol Port San Ciprián Port Authority, a project which will affect the Natura Network 2000 area of Costa Ártabra Cabo Prioriño Ensenada de Caneliñas, I should like to make the further observation that the intended construction of an outer port will also mean the destruction or possibly removal and reconstruction of a historic buildings complex comprising the San Carlos/San Cristóbal/Canelas/Cariño y Viñas fortification and coastal defence batteries.

In the so-called best case scenario, the fact is that the removal to another site of these strategically designed and located historic fortifications will mean that their entire raison d'être has been destroyed.

Deemed to be buildings of cultural interest, the fortifications are individual pieces of a larger complex which involves the Castle of la Palma, the Castle of San Felipe and the Ferrol Military Arsenal. Efforts are being made to get Unesco to declare the entire complex a world heritage site.

Have the Spanish authorities responded to the Commission's request for information on the environmental impact of the enlargement of the port, in the wake of my question E-1225/01?

What steps is the Commission going to take if the response is unsatisfactory? Can the Commission also take into account the presence of a site of historic interest in the area affected by the harbour project?

Does the Commission have plans to take emergency action to prevent irreversible damage to this area of outstanding natural beauty and historical and artistic importance, given that the construction work in question is already being put out to tender?

(1) OJ C 340 E, 4.12.2001, p. 199.

Answer given by Mrs Wallström on behalf of the Commission

(23 November 2001)

As indicated in its answer to Written Question E-1225/01, the Commission has contacted the Spanish authorities asking them for their observations on the facts reported and detailed information concerning the project.

The very comprehensive reply transmitted by the authorities indicates that the area where the project is to be developed is not located within a site of Community importance (SCI) and that the work involved in enlarging the port will be carried out outside the area proposed by the Spanish authorities as a site of Community interest known as Costa Ártabra.

The Spanish authorities have indicated that following the revision of the list of proposals for site of Community interest, the area of the project has remained outside the new proposal because of the degradation of the area and the absence of priority habitats that led to the site being designated. However, the authorities have informed the Commission that the SCI known as Costa Ártabra has been enlarged by 567 hectares.

However, it should be noted that the abovementioned revision took place after the impact assessment for this project was carried out, but the Commission has at any rate verified that the area where the project would be developed does not have priority habitats or species within the meaning of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(1).

From the reply received from the Spanish authorities it may be concluded that the impact assessment carried out for the project complied with the procedure provided for in Council Directive 85/337/EC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(2), as amended by Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effect of certain public and private projects on the environment(3).

Upon verification of the latest data of the Spanish ornithological society SEO/Birdlife, the Commission has ascertained that the project is not located within an area of Community importance for birds (ZICO) as indicated in the reply from the Spanish authorities.

As regards the possible removal of the architectural or cultural heritage from the area referred to by the Honourable Member in this question, point 5 of the statement concerning the assessment carried out for the project indicates that before the construction work is embarked upon a study will have to be carried out, with measures concerning the buildings of cultural interest that could be affected by the project; the project will have to be in conformity with the requirements of the competent authorities.

The Commission will contact the Spanish authorities to find out what measures have been taken by the authorities for the conservation of the historic buildings that could be affected by the project.

At this point in time and given the information currently available, the Commission has not established the existence of an infringement of Community law in this particular case. Accordingly, it has not taken any emergency action in view of the possible consequences which this project may have on the region.

(1) OJ L 206, 22.7.1992.

(2) OJ L 175, 5.7.1985.

(3) OJ L 73, 14.3.1997.