WRITTEN QUESTION E-2863/99

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

(18 January 2000)

Subject: Environmental impact of the southern option for the proposed Oropesa-Cabanes road link (Spain)

The Ministry of Public Works of the Generalitat Valencia (the regional government of the Valencian Community) is planning to build a road link between Oroposea and La Valld'Alba. However, the route proposed for the Oropesa-Cabanes stretch (41 C-1358(3)) would have an extremely negative environmental impact, especially should the southern option be chosen. The proposed road would wreak severe environmental damage, with ground being levelled and huge embankments being created. It would also, by reason of its proximity, have an adverse effect on the protected wilderness area of El Desierto de Las Palmas, as well as affecting some seventy caves of major speleological interest, including the underground lake of l'Ullal de la Rambla de Miravet, in which a new species of crustacean, Typhalatya miravetensis, has been discovered. Substantial harm would also be caused to a number of species of flora which are of particular interest, such as Eucogum valentinum, and the survival of five species of fauna which are unique in the world, including the beetle Ildobates neboti, would be endangered. The road would also affect numerous livestock routes, causing grave problems for farmers and stockbreeders. Complaints against the proposals have been made by the management council of the protected wilderness area of El Desierto de Las Palmas, by the Cabanes municipal council meeting in full session, by farmers' and stockbreeders' organisations, by ecological, citizens' rights, social, cultural, sporting and tourist promotion associations, and by hundreds of intellectuals, artists and private individuals who have signed petitions. The proposals may also be in breach of a number of regional (Valencian) and national (Spanish) laws, not to mention the following EU directives: 97/62/EEC(1) and 92/43/EEC(2) on habitats and wild fauna and flora; 85/337/EEC(3) on environmental impact; and 80/68/EEC on underground waters, as well as Regulation 3528/86(4) on the protection of forests.

In view of the above, can the Commission, with specific reference to this project, ascertain whether it complies with the directives and the regulation named above, and call on the Spanish authorities to take the precautionary step of immediately suspending all work and all activity on it in the area concerned, especially as regards the southern option for the proposed road?

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

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

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

(4) OJ L 326, 21.11.1986, p. 21.

Answer given by Mrs Wallström on behalf of the Commission

(22 February 2000)

The proposed route mentioned by the Honourable Member would run alongside the natural area of El Desierto de las Palmas, as identified by the Spanish authorities in their national list of areas of Community interest that could be included in the Natura 2000 network under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. The species mentioned in this written question are not included in the Annexes to the habitat Directive.

The Commission does not know if the project mentioned by the Honourable Member has been made subject to the impact assessment procedure provided for in Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment. It must be pointed out, however, that Article 2 of this Directive provides that projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location must be made subject to an assessment with regard to their effects before consent is given. This provision applies to the projects listed in Annexes I and II to the Directive. For those projects listed in Annex II, such as the road project under discussion in this written question, Article 4.2 of the Directive provides that such projects must be made subject to this procedure where Member States consider that their characteristics so require. As a result, projects of this class shall be made subject to an assessment, in accordance with Articles 5 to 10 of the Directive, where the Member State considers that their characteristics so require. It should be noted that Directive 85/337/EEC was amended by Council Directive 97/11/EC of 3 March 1997(1). However, under the terms of 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 these amendments continue to apply.

In its role as guardian of the Treaties, the Commission will take the necessary measures to ensure that Community law is respected in each individual case.

(1) OJ L 73, 14.3.1997.