WRITTEN QUESTION E-1892/02

by Pierre Jonckheer (Verts/ALE) to the Commission

(1 July 2002)

Subject: Open-cast coal mine in northern León (Valle de Laciana, Spain)

The company Minero-Siderúrgica de Ponferrada SA (MSP), owned by the Leonese businessman Victorino Alonso, has begun to exploit the open-cast coal mine Fonfría in Villablino, in the district of Valle de Laciana, covering a surface area of 300 hectares. The mine is located less than 700 metres from the village of Orallo and 1500 metres from another open-cast mine, El Feixolín.

The site on which work has already commenced is a natural habitat of the brown bear, capercaillie and other species protected under Directives 79/409/EEC(1) and 92/43/EEC(2), and is located within the boundaries of the Sierra de Ancares plan for the management of natural resources, forms part of the Sierra de Ancares-Alto Sil SCI, has been designated as a special protection area for birds and falls within IBA No 14, Babia-Somiedo.

The site lies along the corridor used by brown bears and known as the Corredor de Leitariegos. This route is crucial for the movement of animals between the subnucleus in Somiedo Cangas de Narcea and that situated to the east, Degaña Alto Sil Ancares. The leading experts in the field (Franciso Purroy, Javier Naves and Alberto Fernández Gil) consider that the mine will entail the destruction of at least a third of this corridor. Between 1992 and 1996, programmes to preserve the population and habitat of brown bears in the Cantabrian hills received funding to the tune of ECU 8 625 266 in the form of Life projects, 75 % of it from the European Union.

An environmental impact assessment has been carried out on this project, but the administrative procedure was marred by a deliberate and partial lack of technical and scientific rigour, with the aim of minimising the damage to flora, fauna, soil, air, water, the countryside, jobs and local inhabitants(3).

1. How does the Commission justify the destruction of biodiversity and of this district's future when the mining sector is destined to disappear in the short term?

2. Does the Commission not consider that Spain is in breach of European legislation and policy on environmental conservation, and is contravening Directives 79/409/EEC, 92/43/EEC and 90/313/EEC(4), among others?

3. Does the Commission not consider it contradictory to use Community funds to finance initiatives aimed at protecting brown bears whilst at the same time, and in the same place, financing activities which destroy this species and its habitat?

4. Does the Commission not consider that funding should be frozen until all the questions raised have been settled?

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

(2) OJ L 206, 22.7.1992, p. 7.

(3) It should be pointed out that the quality of coal from open-cast mines is so poor that it generates 35 % more ash, with the consequent rise in environmental pollution.

(4) OJ L 158, 23.6.1990, p. 56.

Answer given by Mrs Wallström on behalf of the Commission

(6 September 2002)

The facts raised by the Honourable Member form the subject of a complaint procedure which is currently being assessed by the Commission.

Within the framework of the handling of this case, the Commission is making representations to the Spanish Authorities in order to request further information concerning these facts and their comments on the application of the following Council Directives:

- 92/43/EEC(1) of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora;

- 79/409/EEC(2) of 2 april 1979 on the conservation of wild birds;

- 85/337/EEC(3) of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment.

The Commission will ensure that the provisions of the above mentioned Council Directives are taken into account by the Spanish Authorities.

Council Directive 90/313/EEC(4) of 7 June 1990 on the freedom of access to information on the environment was transposed into the Spanish legal system by the Law 38/1995 of 13 December. It does not appear that there has been any breach of this Directive on the part of the Spanish authorities.

According to the information received from the Spanish authorities, the open-cast coal mine in Valle de Laciana, Villablino, León, has not received any financial contribution from the European Regional Development Fund. The mine has been granted the required operation permit and the operating company receives the statutory financial support within the legal framework established for coal mining operations.

(1) OJ L 206, 22.7.1992.

(2) OJ L 103, 25.4.1979.

(3) OJ L 175, 5.7.1985.

(4) OJ L 158, 23.6.1990.