WRITTEN QUESTION E-0948/00

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

(29 March 2000)

Subject: Closure of the Ferrazo hydrocarbon storage facilities and relocation away from the Ría de Arosa (Galicia, Spain)

The Ría de Arosa is the most important of all the Galician rías in terms of the natural environment and the employment it provides. Covering 250 km2 and with 75 km of coastline, it contains nine estuaries, large wetland areas and diverse underwater ecosystems, and is home to an abundance of flora and fauna and three protected natural sites covering a fifth of its surface area. This exceptional natural setting has facilitated the development of significant socio-economic activity in the marine, industry and tourism sectors. These primary sectors generate 730 million annually and provide 26 000 jobs directly, and also sustain employment in trade, construction and services throughout the whole coastal area. They will play a key role in the future socio-economic development of the Ría de Arosa and of Galicia as a whole.

The location of the Ferrazo hydrocarbon storage tanks at Villagarcía de Arosa is incompatible with the protection of the natural and socio-economic environment of the Ría de Arosa, and constitutes a threat to the safety of residents.

Could the Commission intervene with the Spanish authorities if the hydrocarbon tanks proved incompatible with Council Directive 92/43/EEC(1) on the conservation of natural habitats and of wild fauna and flora, Council Directive 85/337/EEC(2) on the assessment of the effects of certain public and private projects on the environment and the Ramsar Convention on the protection of wetlands? Could the Commission press for the facilities to be moved to a lower-risk location away from the Ría de Arosa and a ban on the transportation of hydrocarbons within the ría, as called for by various political groupings and the Plataforma en defensa da Ría de Arousa? In accordance with Council Directive 90/313/EEC(3)on the freedom of access to information on the environment, could the Commission oblige the competent Spanish authorities to provide the information that the above association requested, but was refused?

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

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

(3) OJ L 158, 23.6.1990, p. 56.

Answer given by Mrs Wallström on behalf of the Commission

(8 May 2000)

Article 2 of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment 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. This applies to the projects listed in Annexes I and II to the Directive.

Annex II(6)(d) refers to storage facilities for petroleum, petrochemical and chemical products. Article 4(2) requires projects of the classes listed in Annex II to be made subject to an assessment where Member States consider that their characteristics so require.

As for Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, Article 6 stipulates that any plan or project not directly connected with or necessary to the management of a site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, must be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives. In the light of the conclusions of the assessment of the implications for the site, the competent national authorities must agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public.

Unlike other Directives, Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment provides the option (in Article 4) of seeking a judicial or administrative review of a public authority's decision to refuse a request for access to information on the environment, in accordance with the relevant national legal system. Directive 90/313/EEC was transposed into Spanish law by Law 38/1995 of 13 December 1995, amended by Law 55/1999 of 29 December 1999, introducing national appeal procedures.

The Commission would point out that, in the light of Written Question P-0790/00 by Mrs Miguélez Ramos(1), Written Question E-0804/00 by Mr Nogueira Román(2) and the current Written Question on the same subject, it has launched an own-initiative investigation, registered as No B-2000/2076. Accordingly, it has approached the Spanish authorities for information on the abovementioned facilities.

In any event, the Commission will, as Guardian of the Treaties, take the necessary steps to ensure that Community law is observed in this instance.

(1) OJ C 374 E, 28.12.2000, p. 155.

(2) OJ C 374 E, 28.12.2000, p. 155.