WRITTEN QUESTION P-2983/01

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

(22 October 2001)

Subject: Canalisation of the river Barxell (Alroy-Alicante)

The Directorate-General for Hydraulic Works commissioned the Confederación Hidrográfica del Júcar to draw up a project to canalise the rivers in Alcoy. The project will result in a 1500 metre urban section of the river Barxell flowing through a concrete channel.

As a result of protests by various citizens' organisations and the lack of rigour in the study evaluating the environmental effects, the environmental department of Alcoy town council delivered a negative opinion and initiated a period of public debate during which a number of modifications were put forward. In 2000 the Confederación Hidrográfica submitted a version of the modified project to the town council without having presented it beforehand for public debate. In any event the river is to run through a concrete channel.

As a result of this project and along the 1500-metre stretch of the river:

- the function of environmental corridor linking two areas included in the list of SCIs proposed by the Region of Valencia for inclusion in the Natura 2000 network will disappear and hence Directive 92/43/EEC(1) on the conservation of natural habitats and of wild fauna and flora could be infringed;

- the absence of an appropriate assessment of the project's repercussions on special protection areas for birds will affect Directive 79/409/EEC(2);

- the canalisation of this stretch of the river will also run counter to the environmental objectives laid down Directive 2000/60/EC(3) on surface water.

What steps can the Commission take to ensure, in this particular case, correct application of Community environmental legislation, in particular the above-mentioned directives?

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

(2) OJ L 103, 25.4.1979, p. 1.

(3) OJ L 327, 22.12.2000, p. 1.

Answer given by Ms Wallström on behalf of the Commission

(23 November 2001)

As far Council Directives 79/409/EEC of 2 April 1979 on the conservation of wild birds(1) and 92/43/EEC of 21 May 1992 on the conservation of natural habitats and wild flora and fauna(2) are involved, the Commission notes that there are no specially protected areas for birds nor sites of Community interest in the town of Alcoy, where the canalisation project is to be implemented. Moreover, the impact of this canalisation project on sites of Community interest near Alcoy cannot be said to be significant, as it concerns a small urban section of river. The Commission therefore takes the view that these directives are not applicable in this case.

As regards Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy(3), the Commission does not consider that it is applicable in this case, given that the deadline for the Spanish authorities to transpose it into national law is 22 December 2003. It should also be noted that the aim of this Directive is to prevent deterioration of the quality of waters and of the aquatic environment. The nature of the work in question and its limited range do not suggest that this aim will be undermined.

(1) OJ L 103, 25.4.1979.

(2) OJ L 206, 22.7.1992.

(3) OJ L 327, 22.12.2000.