EN Official Journal of the European Union CE 84/78

(2004/C 84 E/0083)

WRITTEN QUESTION E-3668/03

by María Sornosa Martínez (PSE) and María Valenciano Martínez-Orozco (PSE) to the Commission

(9 December 2003)

Subject: Impact of the enlargement of the port of Altea on flora and fauna

Various universities, ecological organisations and citizens' groups, along with the two authors of this question, have been alerting the Commission to the major consequences which the work on enlarging the Campomanes Port in Altea will have, particularly on the posidonia beds and the dolphin population. The Commission itself, which has directly approached the Spanish authorities in order to assess the case, knows that the autonomous government intends to transplant the 40 hectares of posidonia threatened by the building work. However, this option has been discounted as ‘not viable’ by most experts, given the difficulties involved in replanting posidonia, and the fact that the dolphin community currently inhabiting the area of the posidonia beds, is highly dependent on them.

The Commission's answer to Written Question P-1450/03 (1) of 23 May 2003 stated that it was continuing to study the case, and would shortly take a decision.

Could the Commission please specify what conclusions were reached in its investigation into the environmental impact of the work on extending the port of Altea?

What decisions has it taken on this issue to date?

Do the Commission's experts agree with the opinions emanating from the area's universities on the ‘non-viability’ of the autonomous government's solution, namely transplanting the posidonia beds?

Answer given by Mrs Wallström on behalf of the Commission

(5 February 2004)

Having studied the information available, the Commission concluded that the Spanish authorities had correctly applied the provisions of Community environmental law with regard to the plan to enlarge the Campomanes port in Altea. The Commission noted that an environmental impact assessment had been carried out. The results of the assessment do not show that there will be a significant effect on the Site of Community Importance (SIC) proposed by the Spanish authorities for the Natura 2000 network, situated nearby. Moreover, the project will affect only 1 % (between 10 and 15 hectares) of the priority habitat of Community interest (posidonia beds) found on the site.

Insofar as the project concerned will not have any significant impact on the site, Community legislation does not require the adoption of compensatory measures. Therefore, although it is aware of the technical difficulties involved in transplanting posidonia beds, the Commission is unable to comment on the viability of such a step, or to prejudge the validity of other measures envisaged by the Spanish authorities to reduce the project's environmental impact.

As already stated, the Spanish authorities found that the project would not have a significant impact on the site following an impact assessment study which took particular account of Article 6(3) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (2). Under these conditions, and in accordance with the said Article 6(3), the Spanish authorities can decide to authorise the project without adopting compensatory measures. Any other measures subsequently adopted by the Spanish authorities to protect the site would go beyond the application of Community law.

(1) OJ C 78 E, 27.3.2004, p. 716.

(2) OJ L 206, 22.7.1992.