EN Official Journal of the European Union CE 84/102

(2004/C 84 E/0140)

WRITTEN QUESTION E-3822/03

by Miquel Mayol i Raynal (Verts/ALE) to the Commission

(12 December 2003)

Subject: Serious negative impact on habitats and species of Community interest on the island of Mallorca

The current Mallorcan regional government (Conseil de Mallorca) has decided to amend the Sectorial Roads Masterplan. The amendment involves building a major road (Inca-Manacor), two motorways (Inca- Sa Pobla and Llucmajor), adding a third carriageway to the Palma-Inca motorway and extending a second ringroad in Palma. This amendment of the Masterplan is published in the Official Journal of the Balearic Islands, No 141, of 11 October 2003.

Some of these schemes will have a very serious impact on natural habitats of Community interest within the terms of Annex I and Annex II of Directive 97/62/EC, adapting Directive 92/43/EEC to scientific and technical progress, on the conservation of natural habitat and woodland fauna and flora (1), such as wild olive groves (Oleo ceratonion) (Natura 2000 code: 9320), holm oak groves (Quercion ilicis) (9340), and animal and vegetable species of Community interest such as the Mediterranean tortoise (Testudo hermanni) or certain insects (Cerambyx cerdo). It should be observed that some of these habitats are protected by regional legislation. The significant biodiversity in terms of plant and animal species within these natural habitats also needs to be highlighted, many of them listed in the National Catalogue of Threatened Species (Royal Decree 439/90 of 30 March). Some of the holm oak and wild olive groves which will be affected are the sole remaining examples in the central area of the island of Mallorca.

The amended Masterplan makes no provision for carrying out an adequate scheme for assessing the environmental impact, although it is no secret that the Plan will involve major territorial, environmental, social and economic impact, including the destruction of an extensive rural area.

Is the Commission aware of the way in which this Plan will affect habitats and species of Community interest?

Does the Commission not believe that some of these habitats should be listed as Sites of Community Interest?

What measures, if any, does the Commission intend to take?

Answer given by Mrs Wallström on behalf of the Commission

(3 February 2004)

The Honourable Member refers to the adverse environmental effects of the amended road plan for the island of Mallorca proposed by the regional government, and the fact that no provision has been made for an environmental impact assessment.

First, the Commission would refer to its recent replies to question E-3346/03 by the Honourable Member (2) and question E-3865/03 by Isler Béguin (3), which also concern the amended road plan for Mallorca, in the Autonomous Community of the Balearic Islands, Spain.

In its replies, the Commission explained that Directive 2001/42/EC of the European Parliament and of the Council of 28 June 2001 on the assessment of the effects of certain plans and programmes on the environment (4) was not applicable because the deadline for its transposition was 21 July 2004. Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (5) does apply, but for the specific road projects that will be developed.

In this written question the Honourable Member reports that the amended road plan will have adverse effects on natural habitats and species of Community interest found on the island of Mallorca. Council Directive 92/43/EEC (6) of 21 May 1992 on the conservation of natural habitats and of wild flora and fauna could be applicable in this case.

The Commission has asked the Spanish authorities to comment on the application of the abovementioned Directives in this particular case, with a view to determining whether the plan is likely to have a significant effect on a Site of Community Importance (SIC), having regard to the objectives of Directive 92/43/EEC, in which case the provisions of Article 6 apply.

In any event, the Commission, as guardian of the Treaties, will take the necessary measures to ensure that Community law is observed in this instance.

(1) OJ L 305, 8.11.1997, p. 42.

(2) OJ C 78 E, 27.3.2004, p. 804.

(3) See page 107.

(4) OJ L 197, 21.7.2001.

(5) OJ L 175, 5.7.1985.

(6) OJ L 206, 22.7.1992.