WRITTEN QUESTION E-1059/00

by María Sornosa Martínez (PSE) to the Commission

(4 April 2000)

Subject: Canalisation of the Poyo, Torrente, Chiva and Pozalet ravines (Valencia)

The initial phase of the project to canalise a 42-kilometre stretch of gullies in the network of water courses in the Chiva ravine has recently been given the go-ahead. The project in question involves making the river bed wider and deeper, diverting its course and undertaking various resurfacing operations, as well as connecting tributary gullies to the main river bed. Although the authorities did indeed approve the mandatory impact assessment, the statement thereon by the Directorate-General for Environmental Quality, dated 15 March, contained a three-page annex setting out as yet undisclosed conditions which the project was supposed to satisfy. Various associations and bodies, including the Spanish Association of Limnology, Agro-Environmental Action, SEO-Birdlife and the Platform for a Green Ravine, have warned of the grave impact that such a project would have on the river and lakeside ecosystems concerned. Besides spoiling the landscape, the project would have a number of effects. For instance, it would destroy completely and irrevocably the plant life which currently colonises the river bed and its banks, as well as the plant species (mates) which line the area where the river flows into the lake, thus wiping out the natural habitats they provide for an array of protected species, bird life in particular. In addition, it would disturb the toxic substances which have settled on the river bed and lead to a build-up of sediment as the water began to circulate more quickly and a larger area of the basin was drained. That sediment would then be deposited in the La Albufera lake, thus inevitably serving to speed up the silting-up of the lake, which enjoys the highest protection afforded by the regulations governing the Nature Park in question.

Furthermore, should this situation occur, the project to canalise the ravines would contravene several national and regional laws and also constitute a breach of Directive 79/409/EEC(1) on the conservation of wild birds (under which La Albufera is designated a special bird protection area) and Directive 92/43/EEC(2) on the conservation of natural habitats and of wild fauna and flora (under which Spain included the Nature Park as a protected area in Natura 2000 network).

Could the Commission outline the current state of play as regards petitions 99/4494, SG(99), A/7586 and 99/4430, SG(99), A/6253, filed by environmental organisations from Valencia?

To its knowledge, is the project in question receiving Community funding?

Does it intend to initiate infringement proceedings for failure to comply with the aforementioned Community legislation?

Does it not think that the environmental impact statement is also flawed, since hitherto the requirements laid down in the annex thereto have gone unheeded and the process has failed to assess the damage to the Park's most highly prized areas?

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

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

Answer given by Mrs Wallström on behalf of the Commission

(18 May 2000)

The Commission was informed of the situation to which the Honourable Member refers by complaints 99/4430 and 99/4494 mentioned in the written question.

As part of its investigation, the Commission contacted the Spanish authorities several times to ask them for their observations. As they did not reply, the Commission then sent Spain a letter of formal notice pursuant to Article 10 (ex Article 5) of the EC Treaty.

The project receives financial support from the Cohesion Fund (project number 98.11.61.012). The Spanish authorities know that this support is conditional upon compliance with Community environmental legislation.

Once the Commission has received their reply (including the environmental impact statement) it will examine it to check whether relevant Community legislation has been complied with.

It would therefore be premature at this stage to say whether or not Community law has been infringed.