WRITTEN QUESTION P-0790/00

by Rosa Miguélez Ramos (PSE) to the Commission

(9 March 2000)

Subject: Construction of port facilities on the river Arousa (Spain) without an environmental impact assessment

The construction of port facilities for oil and chemical tankers, together with the creation of a storage area for oil and petro-chemical products, has prompted protests from the local population concerning the effects on the environment of the whole region. No environmental impact assessment was carried out for any of these building projects.

The association for the protection of the river Arousa has submitted a complaint to the Commission concerning failure to comply with Community legislation on environmental impact assessments (Directive 85/337/EEC(1)).

Furthermore, the Spanish Government has not met the deadline for transposing Directive 97/11/EEC(2) on the assessment of the effects of certain public and private projects on the environment, which amends Directive 85/337/EEC.

Following the recent environmental disaster caused by the sinking of the oil tanker Erika, public awareness is rising and means that public representatives must be increasingly sensitive to environmental issues. With this in view, the European Parliament recently adopted two resolutions (20 January and 2 March 2000). In addition, it has debated at length the coordination of EU environment policies with other policies such as the Structural Funds.

Was an environmental impact assessment necessary for the construction of the above-mentioned port facilities?

Can the Commission say whether these projects received any Community funding? When and how much? Which companies benefited?

What steps did the Commission take to ensure that these projects complied with the requirements of Community legislation on the environment?

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

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

Joint answer to Written Questions P-0790/00 and E-0804/00 given by Mrs Wallström on behalf of the Commission

(5 April 2000)

With regard to Council Directive 85/337/EEC(1) of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, it should be noted that Article 2 thereof provides that projects likely to have significant effects on the environment by virtue of their nature, size or location must be made subject to an assessment with regard to their effects before authorisation is granted. This provision applies to projects of the classes listed in Annexes I and II to the Directive.

As regards the facilities to which the Honourable Member refers, Annex I, point 8 includes trading ports, inland waterways and ports for inland waterway traffic which permit the passage of vessels of over 1 350 tonnes. Annex II, point 10 (d) includes the construction of ports (including fishing harbours) not listed in Annex I. Annex II, point point 6 (c) mentions storage facilities for petroleum, petrochemical and chemical products. Under the terms of Article 4 projects of the classes listed in Annex I must be made subject to an environmental impact assessment. Projects of the classes listed in Annex II must be made subject to an assessment where Member States consider that their characteristics so require.

Article 3(1) of Council Directive 97/11/EC(2) of 3 March 1997 amending Directive 85/337/EEC provides that Member States must comply with the Directive by 14 March 1999 at the latest. However, under Article 3(2) if a request for authorisation is submitted before 14 March 1999 the provisions of Directive 85/337/EEC prior to the amendments continue to apply. It should be noted that the Commission automatically takes action whenever a Member State fails to communicate national implementing measures by the given deadline, under the terms of Article 226 (ex Article 169) of the EC Treaty. As no official communication has been received, a reasoned opinion has just been sent to Spain regarding Directive 97/11/EC.

At all events, as guardian of the Treaties the Commission will take the necessary measures to ensure that Community law is complied with in the case in question. With regard to the possibility that the two projects concerned were cofinanced, the Commission has requested information from the Spanish authorities.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.