WRITTEN QUESTION E-0181/98 by María Sornosa Martínez (GUE/NGL) to the Commission (5 February 1998)

Subject: Possible contravention of environment laws in the Marjal de Massamagrell

The continuing existence of the Marjal de Massamagrell is under serious threat on account of the drainage and urbanization work which is being carried out and which also affects the officially protected Marjal de Rafael y Vistabella.

In all probability the Marjal de Massamagrell is listed in the Valencia Community's catalogue of wetlands since it belongs to the same ecosystem as the Marjal de Rafael y Vistabella, which is recognized as an areas of special protection in the PGOU (= general urban land use plan). Publication of the catalogue is being delayed for no apparent reason whilst, in the meantime, many of the wetlands included in it (and potentially eligible) for protection are being devastated.

In an earlier question which I recently submitted to the Commission I reported on the instability and the environmental risks which are being created as a result of the unjustified delay in the publication of the catalogue. I am concerned with this issue since it is turning into an environmental emergency which must be tackled as soon as possible.

The environmental negligence which is being displayed by the Valencia Regional Government is endangering the heritage of the region's wetlands and contravenes Directive 92/43/EEC ((OJ L 206, 22.7.1992, p.7. )) on the conservation of natural habitats. The coastline of the Valencia region, which has an abundance of wetlands, forms a single ecosystem, the unity of which must not be destroyed by urban development.

1. Could the Commission ask the Valencia Regional Government to publish its catalogue immediately, in view of the fact that it has already been drawn up and that the withholding thereof is having a serious effect on the environment?

2. What action can the Commission take to ensure that the superimposing of regional, national and European rules on top of European directives does not prevent the latter from being complied with?

3. Could the Commission delegate a team of experts to assess the importance of conserving all the wetlands along the Spanish Mediterranean coast as an ecological unit which deserves to be protected?

Answer given by Mrs Bjerregaard on behalf of the Commission (12 March 1998)

1. The Commission has no authority to ask the Valencia Regional Government to publish its list of wetlands, such publication being a purely internal matter to the autonomous community.

The site in question has not been designated a special protection area under Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds ((OJ L 103, 25.4.1979. )). Nor has it been scientifically inventoried as an important bird conservation area.

Spain has not proposed the site 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 ((OJ L 206, 22.7.1992. )). Nor does the Commission have information that the site hosts a natural habitat type or priority species which, on the basis of relevant and reliable scientific information, would make it essential for the maintenance of that priority natural habitat type or for the survival of that priority species. The site's natural interest thus appears to be national rather than Community.

Nonetheless, should the Commission receive information proving that the site is essential for the maintenance of a priority natural habitat type or the survival of a priority species, a procedure could be envisaged under Article 5 of Directive 92/43/EEC.

2. The Commission sees to it that European directives are properly implemented by the Member States. With regard to Directive 92/43/EEC, it has instituted infringement proceedings against Spain for failure to transmit the Spanish lists within the deadline. Following the delivery of a reasoned opinion in November 1997, Spain did transmit a list of sites. The Commission is currently examining the documents provided by the Spanish authorities to determine whether the proceedings need be pursued any further.

3. At special biogeographical meetings, the Commission works with the Member States and independent experts to evaluate the lists of sites proposed by the Member States for inclusion in the Natura 2000 network. Given the large number of sites proposed (several thousand), it is impossible for each of them to be examined in situ.