WRITTEN QUESTION E-2794/01

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

(9 October 2001)

Subject: Environmental transgressions in the Zuloko-Ibarreta wetlands (Baracaldo, Spain)

In recent days, several dozen lorries have been dumping earth, rubble and other inert matter in the reedbeds and marshlands of the Zuloko-Ibarreta flats in the municipality of Baracaldo. This has done irreversible damage to the environmental richness of these wetlands and its paludal vegetation, which provide a nesting place for various species of bird which are found only in this type of habitat and which are listed in the Catalogue of Endangered Species in the Basque Country. Many birds feed in these wetlands, particularly insectivorous birds that feed on the abundant aphids in the reedbeds as they migrate through the area or when they winter there. The importance of the wetlands as a place of rest, as feeding grounds and as an area for the reproduction of migratory birds should also be noted.

In view of the obligations incumbent on the European Union pursuant to Directives:

- 79/409/EEC(1) on the conservation of wild birds,

- 92/43/EEC(2) on the conservation of natural habitats and of wild fauna and flora,

- 85/337/EEC(3) on the assessment of the effects of certain public and private projects on the environment,

what measures can the Commission take to ensure compliance with these Directives by the competent authorities in the case concerned?

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

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

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

Answer given by Mrs Wallström on behalf of the Commission

(28 November 2001)

The Honourable Member mentions three environmental directives which could, in her view, apply in the context of an urban development project in the marshes and tidelands of Ibarreta-Zuloko (Barakaldo, Bizkaia), Spain, and asks the Commission on the measures it intends to take to ensure that Community law is complied with in this case.

The Directives mentioned by the Honourable Member are Council Directive 79/409/EEC, of 2 April 1979, on the protection of wild birds, Council Directive 92/43/EEC, of 21 May 1992, on the conservation of natural habitats and wild fauna and flora, and Council Directive 85/337/EEC, of 27 June 1985, on the assessment of the effects of certain public and private projects on the environment.

With regard to Council Directives 79/409/EEC and 92/43/EEC, the Commission considers that they are not relevant in this case since no Special Protected Areas, Sites of Community interest or priority habitats have been identified in the area where the project is to be implemented. No such areas, sites or habitats are therefore likely to be affected by the project. Furthermore, the Commission has verified within the framework of the handling of a complaint relating to the same facts that the area has been used until 1987 as a landfill for dumping lindane. After restoration, the concentration of HCH in the soil is still high above the guideline value for the conservation of ecosystems. In addition to that, the area supports three landfills at present. As a result of these considerations, the Commission has concluded that the site is highly impoverished.

Nevertheless, as alleged by the complainant, the midwife toad (Alytes obstetricans) is the only species listed in the Annex IV of the Habitats Directive likely to be found in this area. The Commission, however, considers that this information has to be ratified given the poor environmental quality of the site.

Concerning Council Directive 85/337/EEC, as modified by Council Directive 97/11/EC of 3 March 1997(1), it should be noted that the project mentioned in this written question may fall within its scope, since it is listed in Annex II thereof (point 10, b) urban development projects, including the construction of shopping centers and parks.

With regard to projects of the classes listed in Annex II, these shall be made subject to an assessment, in accordance with Articles 5 to 10, where Member States consider that their characteristics so require. Among the elements that the Member States will take into account in order to decide whether a project listed in Annex II is to be subject to an environmental impact assessment, article 2 of the Directive mentions criteria such as its nature, size or location.

It should be noted that the Council Directive 85/337/EEC as modified by the Council Directive 97/11/EC applies only to the projects whose request for development consent was submitted to a competent authority before 14 March 1999. Otherwise, the provisions of the Council Directive 85/337/EEC prior to the amendments of the Council Directive 97/11/EC will continue to apply.

The Commission will not hesitate to take all the measures necessary to ensure that Community law is complied with in this case.

(1) OJ L 73, 14.3.1997.