WRITTEN QUESTION E-0022/03

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

(20 January 2003)

Subject: Environmental repercussions of the Agua Blanca mining project in Monesterio (Badajoz, Spain)

An opencast nickel mine, called Agua Blanca, is planned for Monesterio (Badajoz), in an area recognised as a nature reserve of great ecological significance. In addition, there are plans for three reservoirs for waste covering over 100 hectares and containing highly contaminating products. The project would create slag heaps, destroy 350 hectares of woodland and necessitate the removal of over 40 million cubic metres of earth. The environmental impact study did not fully appreciate the pristine state of the area and excluded some of the most important species living there, such as the black stork, the Iberian lynx, the wild cat, the mongoose, various types of bat, and the alytes obstetricansm, a variety of toad, as well as plants such as the flueggea tinctoria, orchids etc., whilst citing some species which do not inhabit the area, such as the stoat.

The mining project is an example of an unsustainable development, in both social and environmental terms, which will wreak havoc on its natural surroundings, as happened in cases such as that of Aznalcóllar. One of the main problems of the project is that if any of the contaminating substances escape or filter out, they will end up in the Ribera de Cala, catalogued as water of importance to European indigenous fish (protected under the Habitats Directive).

Given that this project could infringe EU environmental legislation, what measures will the Commission take, as guardian of the Treaties, to ensure compliance with Community law and, more specifically, Directive 85/337/EEC(1) on the assessment of the repercussions of certain projects on the environment and Directive 92/43/EEC(2) on the conservation of natural habitats and of wild fauna and flora?

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

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

Answer given by Mrs Wallström on behalf of the Commission

(25 February 2003)

With regard to 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), Article 2 of the Directive stipulates that, before consent is given, 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. Article 3 stipulates that this assessment must identify, describe and assess in an appropriate manner the direct and indirect effects of a project on several factors, including fauna and flora.

The Commission will be contacting the Spanish authorities very shortly to question them about the contents of the impact assessment called into question by the Honourable Member and to ask them for information on how Directive 85/337/EEC, and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild flora and fauna(2), have been applied in this instance.

As guardian of the Treaties, the Commission will in any event take the necessary steps to ensure that Community law is complied with in this particular case.

(1) OJ L 175, 5.7.1985.

(2) OJ L 206, 22.7.1992.