WRITTEN QUESTION E-2260/99 by María Sornosa Martínez (PSE) to the Commission. Environmental conservation and the historical heritage of the Dos Llometes site in Valencia (Spain).
Date: 1999-12-13
Institutions: European Parliament, Provisional data
Subjects: Community of Valencia, Spain, application of EU law, environmental impact, heritage protection, historic site, protection of animal life, town planning

3.10.2000

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Official Journal of the European Communities

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(2000/C 280 E/019)

WRITTEN QUESTION E-2258/99

by Theresa Villiers (PPE-DE) to the Commission

(13 December 1999)

Subject: Tax discussions

1. What changes to EU tax systems does the Commission believe should be considered at the next
Intergovernmental Conference?

In particular, does the Commission support the introduction of qualified majority voting for any tax

2.
matters and, if so, which ones?

Answer given by Mr Bolkestein on behalf of the Commission

(11 February 2000)

As it made clear in its Opinion of 26 January 2000 (1), the Commission believes that because they reflect
the fundamental views of national legislators on matters of economic policy, social cohesion and solidarity,
tax and social security heavily influence voters(cid:146) domestic political choices justifying the retention of
unanimity voting in these fields. Nevertheless,
it considers that certain aspects of these two areas are
inseparable from the working of the internal market and should be subject to qualified majority voting,
particularly when obstacles lead to discrimination, double taxation or tax evasion. It should be stressed that
it is not the intention to move towards general harmonisation of national systems, tax bases and tax rates.

In addition, qualified majority voting should be applied when legislation has already been harmonised, in
order to simplify and modernise existing rules and ensure they are applied more uniformly. This applies in
particular to the common VAT system and the movement of and controls on goods subject to excise duty.

Finally, the Commission is firmly committed to fighting fraud, which has become an increasing problem
with the removal of tax frontiers for goods and the liberalisation of capital movements. Qualified majority
voting should therefore also apply to measures aimed at preventing tax evasion and tax fraud.

The Commission will present detailed proposals on this issue at the Intergovernmental Conference.

(1) Adapting the institutions to make a success of enlargement: Opinion of the Commission under Article 48 of the
the

Treaty on European Union on the calling of a conference of representatives of
Member States to amend the Treaties (cid:129) COM(00) 34.

the Governments of

(2000/C 280 E/020)

WRITTEN QUESTION E-2260/99

by Mar(cid:237)a Sornosa Mart(cid:237)nez (PSE) to the Commission

(13 December 1999)

Subject: Environmental conservation and the historical heritage of the Dos Llometes site in Valencia (Spain)

The Dos Llometes site in Massarrojos (Valencia) is undergoing a process of urbanisation that has caused
widespread dissatisfaction among neighbours and organisations who believe that the above-mentioned
project constitutes an attack on the conservation of the area(cid:146)s environment and historical heritage.

The complainants (principally the Massarrojos Ecological Society) have presented their arguments against
the property development company, Onofre Miguelo, to the fourteenth court of first instance in Valencia.
A report carried out by the Valencian Ornithological Society which states that this site is the habitat of

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65 species of birds, 47 of which are protected by law, and a study carried out by the University of
Valencia classifying the area as a (cid:145)palaeontological site that may contain fossils from ten million years ago,(cid:146)
were both presented to the examining magistrate.

Would the Commission be prepared to study the substance of the Valencian Ornithological Society(cid:146)s report
in order to determine whether the species listed in the report are covered by Directive 79/409/EEC (1) on
the conservation of wild birds and,
if so, to intervene against this ostensible violation of Community
legislation?

Could the Commission also examine whether the Dos Llometes project involves a breach of Community
legislation in the light of Directive 92/43/EEC (2) on the conservation of natural habitats and of wild flora
and fauna?

Does the Commission intend to seek relevant information from the competent authorities clarifying
whether or not the mandatory environmental impact study was carried out in connection with the Dos
Llometes project pursuant to Directive 85/337/EEC (3)?

Does the Commission not consider that given the damage to heritage that would be entailed by the
urbanisation of Dos Llometes such an action flies in the face of
the provisions laid down by its
Recommendation 75/65/EEC (4) to Member States concerning the protection of architectural and natural
heritage?

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

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(24 January 2000)

The Commission was not aware of the situation to which the Honourable Member refers. It is prepared to
examine the report of the Valencian Ornithological Society in order to see whether the species listed in the
complaint lodged with the examining magistrate in Valencia are protected by Council Directive 79/409/
EEC of 2 April 1979 on the conservation of wild birds. If this were the case, the Commission would ask
the Spanish authorities to comment on the situation.

It would be necessary to see the Dos Llometes project to ascertain whether it runs counter to the
provisions of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of
wild fauna and flora. The area in question, the Dos Llometes site in Massarrojos (Valencia), has not been
identified by the Spanish authorities as a Site of Community Importance for inclusion in the Natura 2000
network. On the basis of the information provided by the Honourable Member, the Commission cannot
presume that the provisions of Directive 92/43/EEC have been infringed.

The Commission does not know whether the project in question has been made subject to an environ-
mental
impact assessment as provided for in Council Directive 85/337/EEC of 27 June 1985 on the
assessment of the effects of certain public and private projects on the environment. However, we would
point out that Article 2 of the Directive provides that projects likely to have significant effects on the
environment by virtue of their nature, size or location must be made subject to an assessment with regard
to their effects before authorisation is granted. This provision applies to projects of the classes listed in
Annex I to the Directive. It also applies to the projects of the classes listed in Annex II, where Member
States consider that their characteristics so require. If it is found that Directive 85/337/EEC is applicable in
this case, the project will come under Annex II and must therefore be made subject to an assessment, in
accordance with Articles 5 to 10 of the Directive, if Spain considers that its characteristics so require. It
should be noted that Directive 85/337/EEC was amended by Directive 97/11/EC (1), Article 3(2) of which
stipulates that if a request for authorisation is submitted before 14 March 1999 the provisions of Directive
85/337/EEC prior to the amendments shall continue to apply.

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As regards the possibility that the Dos Llometes project runs counter to the provisions of Commission
recommendation 75/65/EEC of 20 December 1974 to Member States concerning the protection of
architectural and natural heritage, we would point out that in secondary Community legislation recom-
mendations are non-binding legal acts for the Member States.

(1) OJ L 73, 14.3.1997.

(2000/C 280 E/021)

WRITTEN QUESTION E-2290/99

by Carlos Carnero GonzÆlez (PSE) to the Council

(13 December 1999)

Subject: Future of shipbuilding in Europe

On 5 November 1999, the European Trade Union called a four hour strike in the shipbuilding industry, on
behalf of the sector(cid:146)s viability, under the slogan (cid:145)WORK FOR SHIPYARDS: A FUTURE FOR EUROPE(cid:146), and
on 9 November, the Council of Industry Ministers assessed the situation of European shipbuilding. A
two-hour strike had taken place on 27 October in Spain, a country with a long history of major
commitment
the yards belonging to the Spanish Shipbuilders(cid:146) Group,
(Grupo Astilleros Espaæoles) to draw attention to their viability, and to protest against the privatisation
of Astander by the Sociedad Espaæol de Participaciones Industriales. At the same time, it was announced
that the Commission was demanding that the Spanish Government return over 18 billion pesetas granted
to the shipbuilding sector as tax credits, claiming that they were state aids.

to shipbuilding,

in all

The need to guarantee a future for the shipbuilding industry should be an absolute priority of the
European Union, for economic, social and employment reasons. This needs to be achieved by mutual
agreement with the trade union leadership, and guarantee, above all, employment in a competitive public
sector.

Can the Council answer the following questions:

1. What measures can it put forward to guarantee the viability of shipbuilding, following the November

Council meeting?

2.

Is it aware of the privatisation of Astander, and does it seriously believe that dismantling the public
sector is the right way to guarantee production and employment?

3. What is its opinion of the dumping practised by countries like Korea and Japan in this area?

(2000/C 280 E/022)

WRITTEN QUESTION E-2311/99

by Carlos Westendorp y Cabeza (PSE) to the Council

(13 December 1999)

Subject: Aid to the shipbuilding industry

The European shipbuilding sector is in serious difficulty. One of the EU(cid:146)s priorities should be to secure the
future of a competitive shipbuilding industry which will contribute to social and economic development
by maintaining a certain level of employment in a number of regions, many of which have a high level of
unemployment.

In its report to the Council on the situation of shipbuilding in the world, the Commission acknowledges
that South Korea(cid:146)s public aid scheme for shipbuilding is destabilising the world market in that sector. With
a view to planning measures which will remedy this state of affairs, has the Commission quantified the
amount of such aid?

Council Regulation (EC) No 1540/98 (1) of 29 June 1998 lays down new rules on state aid to the
shipbuilding sector up to December 2000. Is the Commission planning to extend the provision of such aid
to European production beyond that date as a precautionary measure whilst it pursues its investigation
into shipbuilding aid in South Korea?