EN Official Journal of the European Union CE 84/758

(2004/C 84 E/0853)

WRITTEN QUESTION E-0071/04

by Camilo Nogueira Román (Verts/ALE) to the Commission

(20 January 2004)

Subject: The Spanish National Hydrological Plan dam on the River Narla in Lugo (Galicia) a scheduled Site of Community Importance within the Natura 2000 network

The Spanish National Hydrological Plan includes a dam on the River Narla at Lugo in Galicia, supposedly intended to supply water to the Lugo Municipal area and also to the municipalities of Outeiro de Rei and Rábade.

This scheme has led to various political and social organisations taking the initiative of drawing up proposals for better, more ecological and more appropriate solutions to the problem.

The Association for the Ecological Defence of Galicia (ADEGA) believes the dam to be unnecessary and harmful, and has submitted its claims to the Spanish Environment Ministry's Directorate-General for Quality and Environmental Assessment. ADEGA claims, in particular that (a) the area affected by the dammed water is a Site of Community importance in accordance with the terms of Annex III of Directive 92/43/EEC (1) — and is included in the Natura 2000 network, covering an area allocated both upstream and downstream of the rive Minho; (b) it has not been proven that there is a serious need that the planned infrastructure should take precedence over the objectives of the Natura 2000 network; (c) that the waters of the River Minho, Galicia's largest, would — if they were, as they need to be appropriately cleaned up — are the most appropriate source for supplying Lugo and the other municipalities; (d) the environmental impact study submitted does not consider any alternative to the Narla dam with regard to supplying Lugo; (e) the reasons underpinning the designation of the area as a place of Site of Community importance included in Natura 2000 have been ignored or treated with contempt. The BNG has made similar proposals, voiced by its representatives on the Lugo City Council.

Is the Commission aware of this scheme? Does it know that in the claims submitted to the Spanish Ministry by ADEGA, the scheme is viewed as incompatible, — generally, permanently, irreversibly and irredeemably — with any respect for the biodiversity and conservation features of the place of Community interest, and that ADEGA has requested that the site be declared a biosphere reserve? Is the Commission aware that there are requests that the dam scheme be abandoned, and the earmarked investment be used to double the Lugo city supply network from the River Minho? Is the Commission prepared to ensure that this scheme respects Community law? Will the Commission be approaching the Spanish, Galician and Lugo provincial and municipal authorities in this connection?

Answer given by Mrs Wallström on behalf of the Commission

(1 March 2004)

The Commission has not received any information on the issue raised by the Honourable Member.

Irrespective of whether or not the Commission receives any document concerning the project of this dam in the river Narla, European environmental legislation and especially the Habitats Directive (Directive 92/43/EC) (2), the Water Framework Directive (Directive 2000/60/EC) (3) and the Directive on the assessment of the effects of certain public and private projects on the environment (Directive 85/337/CEE) (4) must be respected. In particular, if the area affected by the dammed water is a Site of Community interest, Article 6 of the Habitats Directive has to be fulfilled. Moreover, Directive 85/337/CEE aims to ensure that projects belonging to certain types that have significant effects on the environment must, as a rule, be subjected to an environmental impact assessment.

The Commission will request further information from the Spanish Authorities in order to ensure that European environmental legislation is properly applied.

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

(2) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992.

(3) Directive 2000/60/EC of the Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, OJ L 327, 22.12.2000.

(4) Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, OJ L 175, 5.7.1985 as amended by Council Directive 97/11/EC of 3 March 1997, OJ L 73, 14.3.1997.