WRITTEN QUESTION E-0550/03

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

(26 February 2003)

Subject: Environmental impact of wind farms

Environmental, cultural and local community groups have drawn our attention to their concerns about the uncontrolled proliferation of wind farms in the province of Guadalajara (Campisalabos, Cantalojas and Villa) and those that are planned in the Tiermes-Caracena (Canalejas, Sierro and De Grado) area in Soria. Farms at Hijes and Somolinos have not been authorised on environmental grounds.

The Tiermes-Caracena area is classified as an Important Bird Area (IBA No 079) and is located between the Altos de Barahona and Macizo de Ayllón Special Protection Areas (SPAs) for birds. The area is home to large populations of griffon vulture, black vulture, golden eagle, owl, Egyptian vulture and the highly-endangered Dupont's lark.

The archaeological site at Tiermes (which has been declared a cultural asset by the Castilla-Léon regional government), covering a period ranging from the Bronze Age to the Middle Ages, includes an important necropolis and an entire Roman town. The medieval buildings include the twelfth-century church of Our Lady of Tiermes. The local inhabitants, who, despite having applied to the relevant authorities, have yet to receive the information they require on the matter, consider this situation to be a serious threat to the area's rich natural and artistic heritage.

Would the Commission not agree that directives:

- 97/11/EC(1) on environmental impact assessments,

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

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

- 90/313/EEC(4) on the freedom of access to information on the environment might have been breached in this instance?

What steps does it intend to take with a view to ensuring that the above directives are duly implemented?

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

(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

(30 April 2003)

The Honourable Member referred to two different areas both located in Castilla-La Mancha Autonomous Community.

According to information provided by the Honourable Member it is not possible to identify the exact location of the sites. Nevertheless, it seems that one of these areas is close to a site proposed by the Spanish authorities as one of Community Importance, Sierra de Pela, ES4240007 and the other to the SPA Altos de Barahona, ES0000203.

Therefore, an environmental assessment has to be carried out by the Spanish authorities in accordance with article 6(3) of the Habitats Directive, Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds.

So far as Council Directive 85/337/EC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (as amended by Council Directive 97/11/EC of 3 March 1997) is concerned, this requires an environmental impact assessment to be carried out of proposed installations for the harnessing of wind power for energy production (wind farms) if they are likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location. When an assessment is carried out, amongst other information it should cover the cumulative effects of the proposed project. It is not clear from the information provided by the Honourable Member whether there has been a breach of the Directive in the cases referred to in the question.

As regards the fact that the inhabitants have not received an answer from the competent authorities to their request for information, it should be pointed out that Directive 90/313/EEC of 7 June 1990, on the freedom of access to information on the environment obliges public authorities to provide access to available environmental information within a maximum of two months from receipt of the request, unless one of the exceptions to this obligation as laid down in Article 3 of this Directive applies. It is not clear from the information provided by the Honourable Member at what time the request was made, nor is it clear whether the local inhabitants have sought, on the basis of Article 4 of the Directive, judicial or administrative review in accordance with the relevant national legal system. It is, therefore, not clear from the information provided by the Honourable Member whether there has been a breach of Council Directive 90/313/EEC in this case.