WRITTEN QUESTION E-3668/01

by María Sornosa Martínez (PSE) to the Commission

(15 January 2002)

Subject: New data concerning the Júcar-Vinalopó case

In its answer to a Written Question (P-1231/01(1)) on the Júcar-Vinalopó water diversion project, tabled in March 2001 by the same questioner, the Commission said that it had no knowledge of the reports by the Spanish Ornithological Society and the Hydrographical Confederation of Júcar which, inter alia, show that the current water diversion plan is not being carried out in accordance with Community legislation on environmental impact reports and on the protection of birds and habitats.

The environmental organisation ADENE which lodged a complaint which is currently being dealt with forwarded the report drawn up by the Spanish Ornithological Society in an e-mail dated 14 June 2001.

In view of the new data available can the Commission say:

- what steps it intends to take to stop as revealed in the above-mentioned report the three sites of international interest for birds located in the area from being affected by the transfer of water resources from the Júcar to the Vinalopó?

- what reply it has received to date from the Spanish authorities concerning the Júcar-Vinalopó case;

- what actual stage has been reached in dealing with the complaint lodged by ADENE?

References: Written Questions E-0819/00, E-2650/00 and P-4071/00.

Reference of the complaint: 2000/4266, SG (2000), A(3835).

(1) OJ C 318 E, 13.11.2001, p. 229.

Answer given by Mrs Wallström on behalf of the Commission

(7 March 2002)

As the Honourable Member was informed in the answer to his written questions E-0819/00(1) and E-2650/00(2), P-4071/00(3) and P-1231/01(4), the Commission has received a complaint regarding the Júcar-Vinalopó diversion project indicating that Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain private and public projects on the environment(5), Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(6), and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild flora and fauna(7) may not have been properly applied.

The Commission has indeed received the report from the Ornithological Society referred to by the Honourable Member. In the light of the latest information from the complainant and the Honourable Member, the Commission again contacted the Spanish authorities.

The Spanish authorities have sent the Commission their comments on this case. The project in question was subjected to an environmental impact assessment. The procedure concluded with the environmental impact statement which was adopted by Decision of 21 December 2000 of the Secretariat-General for the Environment of the Ministry of the Environment. The environmental impact statement was published in Spanish Official Gazette No 14 of 16 January 2001.

The Spanish authorities point out that the project was slightly modified in the light of the comments received during the public consultation period so as to avoid any environmental impact. They have studied three alternatives and have selected the one considered to be least harmful to the environment. It emerges that the project will not affect any site proposed for integration of the Natura 2000 network. It will have only a minor impact on a small area in the extreme north of an area of Community importance for birds (IBA No 158). Corrective measures to minimise this impact are however planned. It should be noted that the project will not have any impact on the Albufera Nature Reserve.

After examination of the case, the Commission has concluded that there has not been any infringement of Community law. The conclusions have been forwarded to the complainant.

(1) OJ C 53 E, 20.2.2001.

(2) OJ C 136 E, 8.5.2001.

(3) OJ C 187 E, 3.7.2001.

(4) OJ C 318 E, 13.11.2001.

(5) OJ L 175, 5.7.1985.

(6) OJ L 103, 25.4.1979.

(7) OJ L 206, 22.7.1992.