WRITTEN QUESTION E-3038/02

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

(24 October 2002)

Subject: Bernardos reservoir (Segovia, Spain) and its repercussions on the environment

The Bernardos reservoir was not included in the Spanish National Hydrological Plan owing to its negative repercussions, enormous environmental impact and lack of hydrological worth. The Confederación Hidrográfica del Duero is nevertheless going ahead with the construction of the reservoir which, once completed, would flood an area of 3 857 hectares of significant ecological importance, including several hundred hectares of well-preserved pinewoods and an ash grove of great natural value. The construction of this reservoir would result in the disappearance of the great wealth of wildlife found in the area, which is home to protected species such as the lynx, wolf, otter and black stork, as well as many types of birds of prey. The waters would also swallow up important archaeological and palaeontological remains such as the Los Casares Roman villa in the district of Armuña and the El Otero site.

It should be pointed out that Article 2 of Directive 85/337/EEC(1) on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 97/11/EC(2), lays down that before being approved, projects should be subject to an assessment on the basis, inter alia, of their nature, size and location.

Bearing in mind the significant number of wild birds and protected species that would be affected by this project, can the Commission say to what extent Directive 79/409/EEC(3) on the conservation of wild birds and Directive 92/43/EEC(4) on the conservation of natural habitats and of wild fauna and flora apply?

What measures will the Commission take to ensure that Community law and in particular Directive 97/11/EC is duly complied with?

Have the Spanish authorities applied for EU funding for this project?

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

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

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

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

Answer given by Mrs Wallström on behalf of the Commission

(7 January 2003)

The Commission is aware of the situation reported by the Honourable Member concerning the construction of the Bernardos reservoir. It very recently received a complaint on the subject which has just been registered and is now being examined with a view to assessing the site's significance and the applicable legislation.

If a project might have a significant effect on a Natura 2000 site, an appropriate assessment of its effects must be carried out, as provided for in Article 6 of the Habitats Directive(1).

Council Directive 85/337/EEC of 27 June 1985, as amended by Directive 97/11/EC, on the assessment of the effects of certain public and private projects on the environment could apply in this case, since the project to which the Honourable Member refers could be covered either by Annex I (point 15) or Annex II (point 10(g)) depending on the amount of water to be stored. At this stage not enough information is available to determine whether the project is covered by Annex I or Annex II.

Article 2 of that directive provides that projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location, must be made subject to an assessment with regard to their effects before consent is given.

For projects of the classes listed in Annex II, Member States have to determine on the basis of a case-by-case examination or thresholds or criteria set by the Member State itself whether the project has to be made subject to an assessment in accordance with Articles 5 to 10 of the directive. For case-by-case examinations or when setting thresholds or criteria, the Member State has to take account of the relevant selection criteria set out in Annex III. The decision taken by the authority must be made available to the public.

Directive 85/337/CEE was amended by Directive 97/11/EC. However, under Article 3(2) of Directive 97/11/EC, if a request for authorisation was submitted before 14 March 1999 the provisions of Directive 85/337/EEC prior to its amendment apply.

The Commission, in its role as guardian of the Treaties, will not hesitate to take all necessary measures to ensure that Community law is observed.

As programme implementation is now decentralised under Regulation (EC) No 1260/99(2), the Commission is not given advance notice of projects selected by the management authorities for possible Community financing. The Commission will ask the Member State to provide the relevant information and will forward it to the Honourable Member without delay.

(1) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora.

(2) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds OJ L 161, 26.6.1999.