WRITTEN QUESTION E-2588/01

by Laura González Álvarez (GUE/NGL) to the Commission

(25 September 2001)

Subject: Filling work at the Ría de Vigo (Galicia, Spain)

The citizens' action group for the defence of the Rande narrows and the San Simón creek in the Ría de Vigo has been protesting against the plan to fill in 300 000 m2 on the shore of the inlet with a view to setting up a whole range of industrial facilities.

If it were to be implemented, this project would destroy the fauna, flora, and the abundant fish and shellfish stocks and landscape resources, and consequently ruin the future prospect of genuine sustainable development.

Does the Commission not consider that the following directives could be infringed:

- Directive 85/337/EEC on environmental impact assessment(1);

- Directive 79/409/EEC on the conservation of wild birds(2);

- Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(3);

- Directive 90/313/EEC on the freedom of access to information on the environment(4)?

Can the Commission ascertain that the above directives will be enforced correctly?

Can it confirm whether European funds have been granted for this project?

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

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

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

(4) OJ L 158, 23.6.1990, p. 56.

Answer given by Mrs Wallström on behalf of the Commission

(12 November 2001)

The Commission was not aware of the situation described by the Honourable Member.

However, it has verified that the area concerned (Enseada de San Simón ES1140016) has been listed by the Spanish authorities as a Site of Community Importance (SCI) for inclusion in the Natura 2000 network, under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora.

It should be noted that under Article 2 of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(1), 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 consent is given.

Under Article 4(2) of the Directive, projects of the classes listed in Annex II, such as the industrial estate development project which is the subject of the written question, shall be made subject to an assessment where Member States consider that their characteristics so require. (See point 10(a) of Annex II).

Article 3(1) of Council Directive 90/313/EEC, of 7 June 1990, on freedom of access to information on the environment, stipulates that Member States shall ensure that public authorities are required to make available information relating to the environment to any natural or legal person at his request and without his having to prove an interest. Under Article 3(4) a public authority must respond to a person requesting information as soon as possible and at the latest within two months. A refusal to communicate the information requested must be justified for one of the reasons set out in Article 3(2) and (3).

On the basis of the information provided by the Honourable Member alone, the Commission is not in a position to ascertain whether the Spanish authorities have incorrectly applied the said provisions of Directive 90/313/EEC. If an authority were to refuse a request for access, contravening the provisions of the Directive, it would be for the requester to take action as provided for in Article 4 thereof and in the Spanish transposing legislation.

In any event, the Commission has asked the Spanish authorities for their comments on the situation reported by the Honourable Member, in order to ensure that Community law is observed in the case in question. It has also asked them whether the project has received Community funding.

(1) As amended by Council Directive 97/11/EC of 3 March 1997, OJ L 73, 14.3.1997.