WRITTEN QUESTION E-0447/00

by María Sornosa Martínez (PSE) to the Commission

(24 February 2000)

Subject: Damage to the environment of the Peñiscola marshes (Valencia) caused by EU-funded projects

The Peñiscola marshes are currently being affected by building and drainage programmes linked to the opening of the N-1 road, the reclamation of six kilometres of coastline, the building of a new promenade and the construction of tourist accommodation and golf courses. All these planned projects are having a direct impact on the environment of this wetland area which is of great importance to the species of flora and fauna found there.

Environmental organisations have protested about this situation to the Community institutions without as yet receiving any response to their complaints, which include the following:

- the Peñiscola marshes are the habitat of indigenous species of fish and birds (some of which are included as protected species in the directive on the protection of birds) and should thus be declared a zone of special interest by the Spanish authorities as part of the Nature 2000 network;

- the range of projects approved by the Spanish authorities have not been accompanied by an environmental impact statement (since they were considered individually as minor works not affecting the environment and it was not thought necessary to draw up a study of their total overall impact;

- 85 % of the cost of the coastal reclamation project is being funded by the Community:

- the zone concerned continues to be classified as eligible for development, despite the various statements by the authorities pledging to classify it as a protected wetland area.

In the light of the above considerations and bearing in mind that the Commission already has all the relevant documentation on the matter provided by the organisations which lodged the complaint, does the Commission not consider it contradictory that on the one hand Community legislation should seek to protect a natural area inhabited by species included under the directive on birds, while on the other hand Community funds are being used to carry out works which threaten the environment of this same area?

Will the Commission send a delegation to the marshes to determine whether the impact of these projects is harmful to the environment as claimed by the environmental organisations?

Does it consider that the Spanish authorities may have infringed Community legislation by not requiring the compulsory environmental impact assessment to be carried out for these projects, because it considered them separately rather than as a whole?

Answer given by Mrs Wallström on behalf of the Commission

(7 April 2000)

Firstly, it should be noted that the Marjal de Peñiscola area to which the Honourable Member refers has not been classified by the Spanish authorities as a special protection area for birds under Article 4 of Council Directive 79/409/EEC(1) of 2 April 1979 on the conservation

of wild birds. Neither has it been identified by the scientific community as an important area for birds in the inventory prepared for the Commission in 1998 by national experts and Birdlife. Moreover, the Spanish authorities have not identified it as a site of Community importance for inclusion in the Natura 2000 network under Council Directive 92/43/EEC(2) of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora.

However, the Commission has information on the presence of a priority species listed in Annex II to Directive 92/43/EEC in this area. It hosts one of the four natural populations of Valencia hispanica. The Commission has therefore asked the Spanish authorities to include the site in the national list referred to in Article 4 of Directive 92/43/EEC. The Spanish authorities have undertaken to officially notify the inclusion of the Marjal de Peñiscola site shortly.

With regard to Council Directive 85/337/EEC(3) of 27 June 1985 on the assessment of certain public and private projects on the environment, it should be noted that Article 2 thereof provides that projects likely to have significant effects on the environment by virtue of their nature, size or location must be made subject to an assessment with regard to their effects before authorisation is granted.

The Commission was informed of the projects to which the Honourable Member refers when investigating a complaint and a petition from Parliament's Committee on Petitions relating to the same problem. It should be pointed out that the projects in question are of classes which are either not listed in the Annexes to Directive 85/337/EEC or listed in Annex II. Under the terms of Article 4(2) projects of the classes listed in Annex II must be made subject to an assessment where Member States consider that their characteristics so require.

The Spanish authorities have undertaken to take the necessary measures to ensure that the projects will not affect the Marjal de Peñiscola site.

At all events, the Commission will continue to investigate the matter and, in its role as guardian of the Treaties, will take the necessary measures to ensure that Community law is complied with.

(1) OJ L 103, 25.4.1979.

(2) OJ L 206, 22.7.1992.

(3) OJ L 175, 5.7.1985.