WRITTEN QUESTION E-2245/03

by María Sornosa Martínez (PSE)and Bárbara Dührkop Dührkop (PSE) to the Commission

(7 July 2003)

Subject: Status of Complaint 2002/4893 SG (2002) A/7230/2 concerning the environmental effects of the extension of San Sebastián airport

In its reply to Written Question E-1701/02(1), the Commission announced the launch of an investigation into the effects the planned extension of San Sebastián airport would have on the SCI ES-2120015 (Playaundi, Marismas de Bidasoa) and on IBA 37 (Txingudi, Estuario del Bidasoa). In the same reply, the Commission also recognised a violation of Directive 2001/42/EC, since the master plan had been drawn up without the requisite environmental assessment having been performed.

Bearing in mind that:

- work has already started on the first phase of the master plan, before the relevant environmental impact assessment has been conducted,

- the Commission has, via the LIFE Programme, made a 40 % contribution to the restructuring of the specially protected areas threatened by the airport extension work,

- it is anticipated that if the master plan were to be implemented in its current format it would affect 30 % of Playaundi-Txingudi.

Could the Commission indicate what stage it has reached in its investigations into the issues affecting Playaundi-Txingudi? Since work has already started on the first phase of the master plan, does it not feel it especially urgent to intervene with the Spanish authorities in order to ensure the protection of the areas in question?

Could it specify its position on the charge of violation of Directive 92/43/EEC(2) on the conservation of habitats, levelled in the complaint submitted by the Coordinadora Contra la Ampliación del Aeropuerto?

Could it specify its position on the charge of violation of Directive 79/409/EEC(3) on the conservation of wild birds, levelled in the complaint submitted by the Coordinadora Contra la Ampliación del Aeropuerto?

Does it not feel that there has also been an infringement with regard to the relationship between Directive 92/43/EEC (habitats) and Directive 2001/42/EC(4) (environmental impact), which requires that the assessment should be performed before a plan is implemented, and should draw on the information obtained at the end of the requisite information process?

(1) OJ C 301 E, 5.12.2002, p. 213.

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

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

(4) OJ L 197, 21.7.2001, p. 30.

Joint answerto Written Questions E-2245/03 and E-2246/03given by Mrs Wallström on behalf of the Commission

(14 August 2003)

As the Commission indicated in its answers to Written Questions E-1701/02 and E-3417/02 by the Honourable Members, it has asked the Spanish authorities to provide full information on the project in question.

In their latest reply, the Spanish authorities indicated that the purpose of the airport extension Master Plan was to delimit the airport's service area, this being required for the safe and efficient performance of aviation activity and to ensure the airport's chances of development. They also indicated that the Plan does not have the same level of detail as a project.

The Spanish authorities have announced the launch of four projects relating to the parking of aircraft and of vehicles, but not concerning the landing strip.

In principle, these extensions will not affect any protected sites.

Both for these projects and for the runway extension project, the Spanish authorities have announced that an impact assessment study is to be carried out in compliance with Article 6 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora.

The Commission is currently examining the latest information sent by the complainants in June 2003.

The Commission takes the view that the Plan must comply with Article 6. Accordingly, as guardian of the Treaties, it will ensure that Community law is observed in this instance.

In accordance with Article 13(3), the environmental assessment requirements of Directive 2001/42/EC of the Parliament and of the Council of 27 June 2001 apply only to plans and programmes of which (with limited exceptions) the first formal preparatory act is after 21 July 2004. Since work appears to have started already on the Master Plan, this Directive would not apply.