WRITTEN QUESTION E-1486/02

by María Sornosa Martínez (PSE) to the Commission

(29 May 2002)

Subject: Sand extraction in the Serra Gelada y Litoral de al Marína Baixa (Valencian autonomous community) SCI

Various beach regeneration schemes are under way within the Valencian Autonomous Community using sand extracted from the Serra Gelada y Litoral de al Marína Baixa' (Valencian Autonomous Community) SCI. These extraction operations could seriously affect the posidonia beds in the area which were the very reason that it was designated a Site of Community Interest in the first place.

Given that:

- the posidonia beds appear in Annex I of Directive 92/43/EEC(1) (Habitats);

- Serra Gelada posidonia beds have been suffering from the impact of inadequately treated waste water discharges and, have been seriously affected by the failure to carry out the extension of the Benidorm purification plant as a matter of urgency;

- there is no environmental impact assessment for the sand extraction operations, since the Spanish authorities, on the basis of transposition law 6/2001, which leaves such assessment optional for extractions of over 500 000 m3, did not require an environmental impact assessment to be carried out (although such an assessment is in fact obligatory under Valencian law 2/1999);

- above all, the fact that since the area was declared an SCI, the legal provisions which apply are Directive 97/11/EC(2) (former 85/337/EEC(3)) on environmental impact,

Does the Commission not believe that the sand extraction operations in Serra Gelada clearly contravene Directive 97/11/EEC and 92/43/EEC and that since this an SCI area, the Spanish authorities are under an obligation to carry out the requisite environmental impact association, which they have so far refused to do, in order to know exactly what the impact on the posidonia beds of the work being carried out will be?

Is the Commission in possession of information as to the latest steps by the Spanish authorities to prevent the discharge of waste water, following the Commission's action against Spain for its failure to apply the legislation on purification plants?

What specific action does the Commission intend to undertake to protect the SCI area and its posidonia beds?

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

(2) OJ L 73, 14.3.1997, p. 5.

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

Answer given by Mrs Wallström on behalf of the Commission

(12 July 2002)

Projects consisting of the extraction of sand, such as the one mentioned by the Honourable Member, may fall within the scope of Council Directive 85/337/EEC of 27 June 1985, as amended by Council Directive 97/11/EC of 3 March 1997, on the assessment of the effects of certain public and private projects on the environment, since they are listed in Annex II thereof point 2 c), extraction of minerals by marine or fluvial dredging.

Pursuant to the above Directive, Member States shall determine through a case-by-case examination, thresholds or criteria or a combination of both approaches whether a project listed in Annex II shall be made subject to an assessment in accordance with Articles 5-10 of the Directive. For this purpose, Member States shall take into account the selection criteria set out in Annex III of the Directive, which refer to the characteristics of the project, its location and the characteristics of the potential impact. Member States shall ensure that the determination or the requirement for an assessment is made available to the public.

The facts raised by the Honourable Member form the subject of a complaint procedure. Within the framework of the handling of this case, the Commission is making representations to the Spanish Authorities in order to request further information concerning these facts. The Commission will ensure that the provisions of the above mentioned Council Directives are taken into account by the Spanish Authorities.