EN Official Journal of the European Union CE 84/557

(2004/C 84 E/0636)

WRITTEN QUESTION E-0255/04

by Joan Valivé (ELDR) to the Commission

(3 February 2004)

Subject: Highways plan for Majorca

The Conseil de Mallorca, which is the authority responsible for highways on the island of Majorca, recently adopted the Plan de Carreteras master plan for the construction of roads and motorways on the island in coming years. This plan raises the possibility, among other things, of the construction of up to seven new motorways and dual carriageways, which taken together would spell the destruction of over 2 000 hectares of countryside, including 120 hectares of scrub (Oleo-Ceratonion alliance), pinewood (pinus halepensis) and evergreen oakwood (Quercion-ilicis alliance).

As various social and economic players on Majorca have indicated, the Plan de Carreteras was adopted without any environmental impact assessment being carried out. No consideration was given to the effect the plan would have on the environment, nor to measures aimed at minimising the impact on the flora and fauna affected. The Plan de Carreteras was adopted without the requisite legal documentation being produced and in contravention of the Commission directive requiring Member States to conduct environmental impact assessments on public projects that may have significant repercussions for the environment.

In view of this, does the Commission consider the adoption of the Plan de Carreteras to be another case of non-fulfilment of the Directive on environmental impact assessment, as recently reported to the European Court of Justice? Consequently, would it say that this highways plan is not based on the principles of precaution, preventive action and rectification of environmental damage set out in Article 174(2) (ex 130r) TEC? Does it satisfy the Council Directive on the conservation of natural habitats and wild fauna and flora?

Answer given by Mrs Wallström on behalf of the Commission

(17 March 2004)

The Honourable Member refers to the adoption of a master plan for the construction of roads and motorways on the island in the coming years, which has not been submitted to an environmental impact assessment. In this plan there is the possibility for constructing up to seven new motorways and dual carriageways.

As regards the non-submission of the plan to an environmental impact assessment, it is to be noted that at present, there is no provision in Environmental Impact Assessment Community law which requires Member States to carry out a strategic environmental assessment (SEA) of their draft plans or programmes, or of proposed modifications. The position will change on 21 July 2004, the date by which Member States must complete their transposition of Directive 2001/42/EC (SEA Directive) (1). Thereafter, Member States will have to carry out an environmental assessment of plans and programmes which meet the definition in the Directive. In some circumstances, plans or programmes begun before 21 July 2004 but not adopted until after 21 July 2006 might also require assessment. The SEA Directive is adopted according to Article 175(1) of the EC Treaty and in its preamble specific references are made to the principles of precaution and preventive action.

However, once application for the construction of the particular projects is made, then Council Directive 85/337/EEC of 27 June 1985 (EIA Directive) (2), as amended by Council Directive 97/11/ECof 3 March 1997 (3), and dealing with the environmental assessment of certain public and private projects will be applicable. It provides that Member States must ensure that, before development consent is given, projects likely to have significant effects on the environment by virtue, ‘inter alia’, of their nature, size or location are made subject to an assessment of the environmental effects. These projects are defined in Article 4 that refers to Annex I and II of the Directive. The construction of motorways falls into Annex I point 7(b) for which a mandatory EIA has to be carried out. For other projects, such as roads not falling into Annex I, Annex II applies. In this case, the national authorities have to determine, either through a case by case examination or according to thresholds or criteria, whether the project is to be made subject to an assessment because of its likely significant effects on the environment taking into account the relevant selection criteria set out in Annex III of the Directive.

The Commission would like to inform the Honourable Member that Written Questions E-3346/03 by Mr Mayol i Raynal (4), E-3822/03 by Mr Mayol i Raynal (5) and E-3865/03 by Mrs Isler Béguin (6) also concerning the issue have been submitted to the Commission. Consequently, the Commission has opened a case in order to investigate the matter raised in those questions and to ask for clarifications from the Spanish authorities.

As regards the nature conservation issues, the European legislation for nature conservation include both Council Directives 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (7) and 79/409/EEC of 2 April 1979 on the conservation of wild birds (8). Implementation of these Directives aims to establish a coherent European ecological network of special areas of conservation (SAC) and special protection areas (SPA) that shall be set up under the title Natura 2000. Nevertheless, if the road master plan is likely to have a significant effect thereon, either individually or in combination with other plans or projects on the Natura 2000 network of Baleares, an appropriate environmental assessment following the provisions of Article 6 of the Habitats Directive is needed.

(1) OJ L 197, 21.7.2001.

(2) OJ L 175, 5.7.1985.

(3) OJ L 73, 14.3.1997.

(4) OJ C 78 E, 27.3.2004.

(5) See page 102.

(6) See page 107.

(7) OJ L 206, 22.7.1992.

(8) OJ L 103, 25.4.1979.