WRITTEN QUESTION E-1292/02

by Patricia McKenna (Verts/ALE) to the Commission

(7 May 2002)

Subject: The port of Castellón

The Castellón Port Authority(1) has recently begun work on extending the port of Castellón. During the environmental impact assessment procedure for the project, the Directorate-General for Environmental Assessment and Quality did not take the trouble to inform the public or the local institutions and associations in Almassora(2), despite the fact that this municipality is the locality most affected by the port of Castellón and the successive extensions to it(3). As the text of the environmental impact assessment itself states, the extension of the port of Castellón will create an impassable barrier for all the sediment deposited along the coastline up to the port. The shore area includes the Almassora coast and the estuary of the river Mijares (Les Goles). This estuary has been put forward for the status of special bird protection zone and integrated pollution control zone by the Valencian regional government(4).

Despite the fact that the Almassora coast has been suffering from erosion and shoreline regression thanks to the port of Castellón and the extensions to it, the environmental impact assessment includes no analysis of the effect of the proposed port extension on Les Goles, in terms of possible flood risks and invasion of the landscape by sea water(5). The same assessment recognises the existence of oceanic poseidonia meadows at distances of less than 1 km from the port of Castellón, but contains no consideration of the effects on the poseidonia of dumping at sea or of alterations in the current. The assessment also contradicts itself insofar as it provides data on the harmful impact of the port of Castellón on that species while, at the same time, denying the possibility of any future impact on the same species, using arguments which we believe are inconsistent and also run counter to Directive 92/43/EEC(6). Further, it fails to include the information required under Directive 97/11/EC(7) in point 5 of Annex IV (preventive measures) and paragraph 4 of Article 5(3) (alternatives). The environmental impact statement, in addition, fails to consider the points set out in that document, despite the submission in the past of, in some instances, over 2 000 complaints.

1. What measures does the Commission intend to take for the protection of Les Goles? What measures does it intend to take for the protection, preservation and regeneration of the oceanic poseidonia meadows located a few metres from the port of Castellón?

2. Does the Commission not believe that there have been irregularities in the environmental impact assessment with regard to public participation?

3. Does the Commission not believe that there have been irregularities in the environmental impact assessment with regard to the repercussions on Les Goles and the oceanic poseidonia meadows and to preventive measures and alternatives?

4. Should this project be in receipt of EU funding, does the Commission not believe that any such funding should be frozen until all the above questions have been answered in full?

(1) This is a public authority attached to the Spanish Ministry of Planning.

(2) Almassora is a municipality located just south of Castellón.

(3) This is recognised even in the environmental impact statement (BOE [official journal of the Spanish state] No 224, 18 September 2001).

(4) In the Les Goles area, experts have identified over 50 bird species included in Annex II to Directive 79/409/EEC (OJ L 103, 25.4.1979, p. 1).

(5) These risks are recognised by the Valencian regional government in its document Catalogue of wetzones in the Valencia region (June 2000, p. 17).

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

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

Answer given by Mrs Wallström on behalf of the Commission

(4 July 2002)

The Commission is aware of the matters raised by the Honourable Member, having received three complaints about this project.

To investigate these complaints, the Commission asked the Spanish authorities for their comments on the issues raised and for information on the project.

The Spanish authorities very recently provided an answer which the Commission's services are currently analysing. Pending the result of this analysis, the Commission is unable to comment on the possible incorrect application of the relevant Community legislation.

The Commission will study the information provided by the Honourable Member and take the necessary action to ensure compliance with the applicable Community law in this case.

The Spanish authorities have, moreover, submitted a request for co-funding from the European Regional Development Fund (ERDF) under the integrated operational programme for the region of Valencia for the period 2000-2006 for the project Extension of Castellón Port. The Community contribution would amount to 10 057 000, or 17,4 % of the expected overall cost of the project. This application is currently being processed.

The Commission would point out that, under Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(1), any project co-financed under the ERDF must be in conformity with Community law, including environmental protection law.

(1) OJ L 161, 26.6.1999.