WRITTEN QUESTION E-1960/00

by Laura González Álvarez (GUE/NGL) to the Commission

(21 June 2000)

Subject: Infringement of Community law: construction of the Melonares reservoir on the River Viar (Seville, Spain)

By means of a resolution dated 13 October 1997 the Spanish Environment Ministry's Directorate-General for Environmental Quality and Assessment issued an environmental impact statement in respect of the projected Melonares dam and reservoir on the River Viar (Seville, Spain). The resolution highlights the harmful effects which the project would have, since it would flood a significant part of the Sierra Norte Natural Park which is protected under the Andalusia Regional Government's Law 2/89 laying down an inventory of Andalusia's natural and protected areas and which is included in the Nature 2000 Network. Construction of the reservoir would affect areas awarded priority status under Directive 92/43/EEC(1) on the conservation of natural habitats and would flood some of the area which has been set aside as ZEPA (area of special protection for water birds) No 53.

It is stated in the above resolution that authorisation for the building of the reservoir will be subject to the fulfilment of a number of prerequisites, including the provision of a compensatory area to mitigate the effects of flooding part of the park, and that the compensatory area must have the backing of a technical scientific report drawn up by an eminent scientist or scientists who, taking into account the remarks made by the CSIC [Senior Scientific Research Council] (Doñana Environmental Station),

endorse the potential feasibility of the proposed actions and the expectations of success. However, the Doñana Environmental Station has never endorsed either the project or the compensatory measures. This means that, in the documentation supplied in order to justify the project, the Confederación Hidrográfica del Guadalquivir has falsified the CSIC data in maintaining that backing has been received.

What action is the Commission proposing to take in order to ensure that the Spanish authorities abide by Community law and comply with Directives 79/409/EEC(2) and 92/43/EEC by halting the procedure which has been initiated and abandoning plans to build the Melonares dam and reservoir on the River Viar?

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

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

Answer given by Mrs Wallström on behalf of the Commission

(28 July 2000)

The dam for obtaining drinking water for the city of Seville (Andalucia) is located within the Sierra Norte special protection area for birds (SPA) designated by the Spanish authorities under Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(1), which covers approximately 170 000 hectares. The dam should flood 1 457 hectares, 328,5 of which are within the SPA.

It should be noted that this project was made subject to the procedure provided for in Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment.(2) The environmental impact statement containing the Ministry of the Environment's opinion on the project was published in the Spanish official journal of 24 November 1997 (BOE No 281).

With regard to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora,(3) we would point out that Article 6(3) and (4), which apply to SPAs, provide that Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon [mldr] shall be subject to an appropriate assessment of its implications for the site in view of the site's conservation objectives. In the light of the conclusions of the assessment of the implications for the site [mldr], the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public.

If, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of a social or economic nature, the Member State shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected. It shall inform the Commission of the compensatory measures adopted.

It should be noted that the Commission has already been informed of the situation described by the Honourable Member regarding the Melonares dam project and its possible environmental impact. The Commission decided to open an own-initiative investigation in order to check whether the obligations deriving from Article 6(3) and (4) of Directive 92/43/EEC had been fulfilled. It is currently examining the matter and has already sent the Spanish authorities several requests for information and had several meetings with them.

In any event, as guardian of the Treaties, the Commission will take the necessary steps to ensure that Community law is observed in the case in question.

(1) OJ L 103, 25.4.1979.

(2) OJ L 175, 5.7.1985.

(3) OJ L 206, 22.7.1992.