WRITTEN QUESTION E-3006/98

by María Sornosa Martínez (GUE/NGL) to the Commission

(8 October 1998)

Subject: Pego-Oliva marsh

The Commission will be aware of the background concerning the Pego-Oliva marsh owing to the previous questions tabled by the author. The repeated and flagrant breach of both Community and national law is causing irreparable damage whilst no authority with the power to stop it is taking any action.

The Pego-Oliva marsh is the second most important wetland in the Community of Valencia. It has been designated a Special Protection Zone (SPZ) pursuant to Directive 79/409/EEC(1) on birds and has been in receipt of funding from the Life Nature programme since 1992.

The repeated and flagrant violation of Community law and the law of the Autonomous Community in this field, in the form of water-extraction works (three water-extraction pumps are currently in operation despite court orders banning them) is causing more damage to this nature reserve each day since, once the land has been drained, it is intensively farmed with the massive use of pesticides, which in turn contaminate the surface and ground water. Other factors, such as the fire which broke out on 13 September 1998 in the area surrounding the marsh, are also contributing to the degradation. All this demonstrates the extraordinary speculative pressures to which the Mediterranean marshes are subject.

In view of the fact that the Commission has taken an interest in this matter, has informed the Pego municipality, which is responsible for authorising drainage work, that the funding from LIFE could be suspended and has sent representatives to visit the zone.

1. What action has the Commission taken in the meantime?

2. Can the Commission take action against the Spanish Government and the Government of the Autonomous Community for failing to enforce the law?

3. What effective measures can the Commission take to stop these infringements going unpunished and can legality be restored?

Answer given by Mrs Bjerregaard on behalf of the Commission

(26 November 1998)

The Pego-Oliva marshes are an important natural site which is deteriorating as a result of problems resulting from illegal agricultural practices.

The Pego-Oliva marshes have been classified as a special protection area by the Spanish authorities pursuant to Article 4 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds. The obligations on Member States pursuant to Article 6 paragraph 2 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(2) are as follows:

"Member States shall take appropriate steps to avoid, in the special areas of conservation, the deterioration of natural habitats and the habitats of species as well as disturbance of the species for which the areas have been designated, in so far as such disturbance could be significant in relation to the objectives of this Directive."

This obligation also applies to special protection areas pursuant to Article 7 of Directive 92/43/EEC.

The Commission has accordingly decided to open an own initiative case(3) and requested the observations of the Spanish authorities on measures taken to stop the deterioration of the site. The answer of the Spanish authorities explained that all administrative and legal measures to stop deterioration of the site, including legal action before the courts, have been taken. In the light of the above information, the Commission considers that no breach of Community law can be identified in this case since the authorities have fulfilled their obligations pursuant to Article 6 of Directive 92/43/EEC, taking appropriate action under Spanish law to stop the deterioration of the site.

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

(2) OJ L 206, 22.7.1992.

(3) Case B-98/2014.