WRITTEN QUESTION E-3780/97 by Honório Novo (GUE/NGL) to the Commission (21 November 1997)

Subject: Access roads to the Freixo Bridge: measures to minimize the environmental impact of the building work

In its answer dated 30 September 1996 to my Question E-2127/96 on measures to minimize the environmental impact resulting from the work of building access roads to the Freixo Bridge linking the town of Vila Nova de Gaia and the city of Oporto ((OJ C 72, 7.3.1997, p. 15. )), the Commission stated that 'The Portuguese authorities have provided the Commission with information concerning the carrying out of the measures recommended in the report by the Environmental Impact Assessment Committee for the work on the 'Ponte do Freixo (Freixo Bridge) -Carvalhos' section of the 'Itinerário Principal No 1 (IP1)''. One of the measures in question was the 'acquisition of land between the 'Parque Biológico' and the IP1', and the Commission referred in this connection to 'negotiations in progress between the Junta Autónoma das Estradas (JAE) and the municipality of Vila Nova de Gaia'.

Since the mid-1980s the municipality of Vila Nova de Gaia has been seeking to expand the nature reserve (Parque Biológico) and has spent several billion escudos (at current prices) on the purchase of land. The reserve now covers 35 hectares, and the aim is to increase its size to 54 hectares by incorporating all the remaining land extending as far as the above-mentioned section of the IP1.

The measures specified in the report of the Environmental Impact Assessment Committee on the work on that section of the IP1 included an obligation incumbent on the contracting authority (the Portuguese Government) to acquire a strip of land adjacent to the IP1 and the access roads and incorporate it immediately into the nature reserve.

In October 1996, however, the JAE, the Portuguese government board responsible for roads, indicated that the expropriation of land with a view to expansion of the nature reserve would be impossible to complete in the manner called for. It seems obvious in the circumstances that the Portuguese Government does not intend to fulfil the obligation laid down in the report aimed at minimizing the environmental impact of the building work on the section of the IP1 between the Freixo Bridge and Carvalhos.

Can the Commission therefore say whether the Portuguese Government is complying fully with all of the measures listed in the Commission's answer of 30 September 1996 and in particular whether it will undertake to acquire the strip of land adjacent to the IP1 and the access routes to be incorporated into the nature reserve?

Answer given by Mrs Bjerregaard on behalf of the Commission (15 January 1998)

In their letter of 27 February 1997, the Portuguese authorities sent the Commission information on the implementation of the activities provided for in the report by the committee for assessing the environmental impact assessment of the work on the 'Ponte do Freixo-Carvalhos' section of trunk route No 1 (IP1).

All of the work has been completed, apart from the acquisition of the land between the 'Parque Biológico' and IP1. The Portuguese authorities have informed the Commission that the Junta Autónoma das Estradas (JAE), which is responsible for implementing the project, is not authorised to expropriate land in accordance with Act No 184/78 of 18 July 1978, and that the problem should be solved via an agreement between the Parque Biológico and the Vila Nova de Gaia town hall. The Portuguese authorities have also informed the Commission that the situation is being analysed. The expropriation procedures are solely subject to the provisions of national law. These are inevitably drawn-out and delicate procedures, since they must take full account of the rights of citizens who would be deprived of their properties for the common good.

It will only be possible to monitor these procedures under national law before the relevant court. The Commission has no powers of intervention in this area.

The Commission shares the Honourable Member's concern and will ensure that this action is carried out.