WRITTEN QUESTION E-3188/02

by María Sornosa Martínez (PSE) to the Commission

(7 November 2002)

Subject: Protection of the Almenara marshland site of Community interest (Spain)

At the beginning of 2000, the author of the present question complained to the Commission that the Almenara marshland area (Marjal de Almenara) in Spain, which had applied to be classified as a site of Community interest (SCI), was under repeated attack from environmentally damaging agricultural practices (E-0520/00(1)). At the time, the Commission said it would make representations to the Spanish authorities. However, no change of attitude has been forthcoming: far from it, the protected area initially proposed by Spain for the marshland has been reduced by approximately 85 000 m2 (see the draft inventory of wetlands issued under the auspices of the Valencia regional government, which is the basic reference for the final delimitation of the SCI for Natura 2000).

This reduction in the area allocated to the protected natural area has been justified essentially on planning grounds. The developer Inmuebles WJK S.L. has contracted another company, Terra Canet S.A., to carry out the initial work. This company is now draining and eliminating vegetation from a section (85 000 m2) of the Almenara marshland, at the isolated location of the beach of Almardá de Sagunto.

The Commission is in possession of the following reports:

- an eco-toxicological report from the Institute of Legal Medicine attached to the regional justice ministry;

- a report by the expert Dr Rosselló Verger, Professor of Physical Geography at the University of Valencia;

- a report by Mrs Eulalia Sanjaume, Professor of Physical Geography at the University of Valencia.

In these reports, the government is urged to confer protected status on the 85 000 m2 of marshland now being developed. They stress the particular environmental value of the Almardà beach area, and call for the existing planning schemes to be modified so as to ensure its preservation.

In view of these circumstances and the information contained in the above documents: Does the Commission intend to agree that only a part of this marshland should be defined as a site of Community interest, thus excluding the above 85 000 m2 in spite of their accredited ecological importance?

What action will the Commission take to ensure the preservation of the protected species living in the part of the marshland which is at present being developed?

(1) OJ C 26 E, 26.1.2001, p. 55.

Answer given by Mrs Wallström on behalf of the Commission

(11 December 2002)

The Honourable Member has expressed her concerns regarding the criteria used by the Spanish authorities to propose the site Marjal de Almenara as a Site of Community Importance (SCI). The Honourable Member states that the autonomous community of Valencia has included this site in its Wetlands Catalogue with a larger area than the site proposed as a site of Community interest.

Spain has proposed the site Marjal de Almenara, ES5223007, situated in the autonomous community of Valencia, as a Site of Community Importance for inclusion in the Natura 2000 network. The site has an area of 1497 hectares.

The Commission would like to clarify that the criteria used by the Generalitat de Valencia to include a site in its Wetland Catalogue differ from the criteria used by Member States to identify and designate the sites that are proposed as Sites of Community Importance.

The Sites of Community Importance have to fulfil the criteria set out in Annex III, stage 1 of the Habitats Directive(1). These are based on assessment at national level of the relative importance of the sites for each natural habitat type of Community interest and each species of Community interest whose conservation requires the designation of Special Areas of Conservation.

The Commission, with the support of the European Topic Centre for Nature Protection and Biodiversity (ETC/NPB), will assess, based on the criteria set out in Annex III (stage 2) of the Habitats Directive, all sites proposed by Member States for the Mediterranean Region during the next bio-geographical seminar that will take place in January 2003.

If the evaluation of the sites shows that a Member State has not proposed sufficient sites to meet the requirements of the Directive 92/43/EEC for certain habitat types and species, the Commission will request the Member State to make additional designations. If these additional designations do not cover the objectives of the Habitats Directive the Natura 2000 network will be incomplete for those specific habitat types and/or species. The list will therefore remain open in order to include additional sites.

In relation to species protection outside the proposed Natura 2000 sites, the Member States are the competent authority for the conservation of its natural heritage as they are for the management of their Natura 2000 sites. The Commission's task is only to ensure that the European regulations and directives are observed.

(1) 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.