WRITTEN QUESTION E-3495/01

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

(8 January 2002)

Subject: Construction of a marina in the Vigo ria (Spain)

The Voces polo literal de Teis association has expressed its concern regarding the plans for a marina in the A Lagoa area, which would do yet more environmental damage to the Vigo ria (Galicia, Spain). Its complaints are based on a report by the Vigo Ria Environmental Monitoring Centre and on documents published by the Maritime Research Institute.

The Commission has already been alerted to the pollution of the beach at Samil and the plans for a waste dump in the San Simón inlet these being just two of the projects which seriously threaten Galicia's coastline. The marina will have a 235-metre long breakwater and building it will cause major alterations to the area's eco-system and also the loss of the beach at A Lagoa.

In what way can the Commission intervene vis-à-vis the relevant authorities in order to ensure compliance with Community environment law, particularly Directive 85/337/EEC(1) on environmental impact assessment?

Will the Commission say whether or not Community funding has been requested for the purpose of carrying out the project?

(1) OJ L 175, 5.7.1985, p. 40.

Answer given by Mrs Wallström on behalf of the Commission

(1 March 2002)

Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(1), as amended by Council Directive 97/11/EC of 3 March 1997(2), could apply in the case in question as marinas are covered by Annex II (point 12(b)).

It should be noted that Article 2 of the Directive provides that projects likely to have significant effects on the environment by virtue of their nature, size or location must be assessed with regard to their effects before authorisation is granted.

For the projects listed in Annex II, the Member States must determine, on the basis of a case-by-case examination or thresholds or criteria laid down by the Member State concerned, whether the project has to undergo an assessment in

accordance with Articles 5 to 10. For the case-by-case examination or when laying down thresholds or criteria, the Member State has to take account of the relevant selection criteria laid down in Annex III. The decision taken by the authority must be made available to the public.

The Commission cannot ascertain how the Spanish authorities have decided to apply the Directive solely on the basis of the information provided by the Honourable Member.

However, in accordance with Article 3(2) of Directive 97/11/EC, if a request for development consent was submitted before 14 March 1999, the provisions of Directive 85/337/EEC prior to the amendments continue to apply.

Furthermore, in accordance with Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(3), the selection of individual projects cofinanced within each programme under the Structural Funds is the sole responsibility of the Member States.

At all events, the Commission will be contacting the Spanish authorities to ask them for their comments on the facts referred to by the Honourable Member in order to ensure that the relevant Community law is complied with in the case in question.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.

(3) OJ L 161, 26.6.1999.