WRITTEN QUESTION E-2935/01

by María Sornosa Martínez (PSE) to the Commission

(24 October 2001)

Subject: Failure of the Spanish authorities to take action to stop the deterioration of the river Segura (Spain)

Murcia Court of Instruction No 4 has just agreed to initiate criminal proceedings against the River Segura Hydrographic Confederation (Confederación Hidrográfica del río Segura) and the regional government in respect of the criminal insalubriousness of the waters of the river, and the damage thereby caused to the environment. Those bringing the charges, who include the Asociacíon Pro-Río de Orihuela (Alicante) and Ecologistas en Acción, have also announced their intention of bringing charges at the European Court of Justice with regard to the abuse by the Spanish authorities of funds granted by the European Union for the improvement and conservation of the river.

The Spanish authorities, despite the fact that they have received significant Community aid, and being charged at the European Court for violation of Directives 76/464/EEC(1) (discharges into the aquatic environment) and 91/271/EEC(2) (treatment of urban waste water), have clearly still not met the stated objective of decontaminating the Segura.

Would the Commission please provide details of how the proceedings it opened against Spain for polluting the river Segura were resolved, specifying the contents of the various replies to its demands received from the Spanish authorities?

What fresh action does the Commission intend to undertake to stop the deterioration of the river Segura?

(1) OJ L 129, 18.5.1976, p. 23.

(2) OJ L 135, 30.5.1991, p. 40.

Answer given by Mrs Wallström on behalf of the Commission

(13 December 2001)

The Commission is aware of the problems connected with the implementation in Spain of Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community(1). Following the infringement proceedings the Commission initiated under Article 226 (ex Article 169) of the EC Treaty, the Court of Justice ruled against Spain(2) for failure to implement programmes to reduce the pollution of water by certain dangerous substances on list II in the Annex to Directive 76/464/EEC, as required by Article 7 of the Directive. The Court of Justice has also ruled against other Member States for this reason.

The Spanish authorities have taken various steps in order to resolve the problem. These include the adoption of hydrological basin plans for the inland waters concerned. In addition, Law 29/1985 on water has been substantially amended in this respect by Law 46/1999. The Spanish authorities have also notified the adoption of Royal Decree 995/2000 of 2 June 2000, which sets quality objectives for certain dangerous substances.

The measures adopted by Spain are a positive step towards fulfilling the obligations arising from Directive 76/464/EEC, in particular Article 7 thereof. However, the Commission considers that the abovementioned judgment of the Court of Justice has not been fully complied with. For this reason, a letter of formal notice has been sent to Spain, pursuant to Article 228 (ex Article 171) of the EC Treaty.

The Commission is now examining Spain's reply. The Spanish authorities have sent in a report from the Ministry of the Environment on the preparation of programmes to reduce pollution by the substances on list II provided for in Article 7 of Directive 76/464/EEC, as well as information concerning the Autonomous Communities.

The situation of the River Segura will be improved by these measures. The Spanish authorities have informed the Commission of the Segura basin environmental recovery plan currently being drawn up by the Ministry of the Environment and the Autonomous Communities of Murcia and Valencia, which will include the building of purification plants, agreements between the authorities and industry, administrative monitoring measures and major investment.

The cleaning up of the river Segura is included under Priority 3 (Environment) of the integrated operational programme for the Murcia region which forms part of the Community Support Framework for Objective 1 regions in Spain for the period 2000-2006. Community aid from the Structural Funds for all the Priority 3 measures totals 428,5 million. Moreover, projects concerning the cleaning up and purification of the waters of the Segura basin are also eligible for cofinancing from the Cohesion Fund.

(1) OJ L 129, 18.5.1976.

(2) Judgment in case C-214/96, 25.11.1998.