WRITTEN QUESTION E-3689/01

by María Sornosa Martínez (PSE) to the Commission

(17 January 2002)

Subject: Destruction of the European cultural heritage: the case of Manises (Valencia, Spain)

The mayor of Manises (Valencia province, Spain) has, without supplying any rational planning grounds, recently ordered the pulling-down of the wall which surrounds the local youth and cultural centre. This wall is part of the historic complex of the Convent of the Carmelites, built in 1925. This proposal has been the subject of complaints from associations and political parties, whose campaign is supported by local residents. The citizens of Manises believe that the disappearance of this wall would be an act of negation of our history and destruction of our past and our heritage. This is not the first act of vandalism spearheaded by the mayor in recent months: in August 2000 he ordered the destruction of the perimeter fence around Los Filtros, a gas filtering complex of interest to industrial archaeologists, and, shortly after, authorised the levelling of a garden which had provided a green buffer against airport noise but is now the site of a residential development.

Although a number of Community instruments exist for the preservation of the historic, artistic and cultural heritage including Article 151 of the Treaty and Recommendation 75/65/EEC(1) the management aspect remains almost exclusively the preserve of the Member States. This means that whether or not a piece of our Community cultural heritage is preserved varies at random with the attitudes of whoever happens to be in power. In the case of Manises, the present authorities are by no means always in favour of the preservation of cultural objects that define the European identity.

The Commission has admitted to the author of this question (see answers to questions E-2416/00, E-2417/00, E-2418/00(2) and E-3846/00(3), on the subject of the destruction of historic buildings in the Cabanyal-Canyamelar quarter of Valencia city) that all actions or schemes affecting the cultural heritage fall within the scope of Directive 97/11/EC(4), and that the local authorities concerned are therefore obliged to carry out an impact assessment (responsibility for implementing the above directive lies with the Member States).

Can the Commission state in what way it can, as guarantor of the Treaties, intervene to ensure that national, local and regional governments take due account of the public's concerns over the preservation of the cultural heritage as in the case of Manises and other cases reported in different parts of the Community and that Article 151 of the Treaty and Recommendation 75/65/EEC are complied with?

What action does the Commission intend to take to ensure that the Spanish state insists that its local authorities operate a correct implementation of the impact directive with regard to the cultural heritage?

(1) OJ L 21, 28.1.1975, p. 22.

(2) OJ C 136 E, 8.5.2001, p. 31.

(3) OJ C 187 E, 3.7.2001, p. 61.

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

Answer given by Mrs Reding on behalf of the Commission

(4 April 2002)

The provisions of Article 151 of the EC Treaty together with the Commission Recommendation 76/65/EEC of 20 December 1974 to Member States concerning the protection of the architectural and natural heritage(1) prevent the Commission from acting in the manner mentioned by the Honourable Member.

Furthermore, with regard to the environmental impact study, the Commission wishes to remind the Honourable Member that this was explained in the reply to her question E-3846/00(2). In this case, the decision on whether to carry out an environmental impact assessment or not remains with Member States, which may apply thresholds or criteria or take a decision on a case by case basis, but in all cases will apply the criteria laid down in Annex III to Council Directive 97/11/EC of 3 March 1997(3), which amends Directive 85/337/EEC.

(1) OJ L 21, 28.1.1975.

(2) OJ C 187 E, 3.7.2001.

(3) OJ L 73, 14.3.1997.