WRITTEN QUESTION E-0324/00 by María Sornosa Martínez (PSE) to the Commission. Construction of the Valencia-Tarragona railway line.
Date: 2000-02-11
Institutions: European Parliament, Provisional data
Subjects: EU financing, Spain, countryside conservation, directive (EU), environmental impact, environmental protection, rail network, transport infrastructure

21.11.2000

EN

Official Journal of the European Communities

C 330 E/127

Directive 92/43/EEC (2) of 21 May 1992 on the conservation of natural habitats and of wild fauna and
flora. Therefore, as far as nature conservation is concerned, this case appears to be the responsibility of the
Spanish national and regional authorities alone.

With regard to Council Directive 85/337/EEC (3) of 27 June 1985 on the assessment of certain public and
private projects on the environment, it should be noted that Article 2 thereof 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 Annexes I and II to the Directive. Annex I
point 7 (a) includes the construction of airports with a runway length of 2 100 metres or more. Annex II,
point 10 (d) includes the construction of airfields other than those listed in Annex I. Under the terms of
Article 4(1) projects of the classes listed in Annex I must be made subject to an environmental impact
assessment. For projects of the classes listed in Annex II, Member States must determine through a case-by-
case examination whether or not the project should be made subject to an assessment in accordance with
Articles 5 to 10.

It should be noted that Directive 85/337/EEC was amended by Directive 97/11/EC (4). However, under
Article 3(2) of Directive 97/11/EC if a request for authorisation is submitted before 14 March 1999 the
provisions of Directive 85/337/EEC prior to the amendments continue to apply.

In view of the above, the Commission cannot, on the sole basis of the information provided by the
Honourable Member, determine whether the aforesaid Community provisions are applicable to the project
in question. It should be pointed out that the Commission does not have the power to ask the Spanish
authorities to suspend the work and activities under way in the area as the Honourable Member requests.

At all events, the Commission, as guardian of the Treaties, will take the necessary measures to ensure that
Community law is complied with in the case in question.

(1) OJ L 103, 25.4.1979.
(2) OJ L 206, 22.7.1992.
(3) OJ L 175, 5.7.1985.
(4) OJ L 73, 14.3.1997.

(2000/C 330 E/141)

WRITTEN QUESTION E-0324/00

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

(11 February 2000)

Subject: Construction of the Valencia-Tarragona railway line

The planned construction of a railway line between Valencia and Tarragona, which was approved by the
Spanish authorities in 1996, will create a number of environmental problems as it passes through the
towns of Benic(cid:224)ssim and Oropesa. Those problems have been duly notified to the various local, national
and Community institutions by the people living in the affected area, who maintain that the route which
has finally been decided upon will involve the destruction of residential areas, the laying of the railway line
through places frequented by children (such as Benic(cid:224)ssim school), the risk that the building works or the
passing of the trains will affect historic buildings (such as the town cemetery, which dates from the
beginning of the last century), the destruction of smallholdings and cattle tracks, damage to the country-
side caused by substituting ornamental species for native plants and risks to health and to the local
population stemming from the hilly terrain and the periodic threat of cold fronts (which could cause
railway embankments to be washed away by heavy rain).

C 330 E/128

Official Journal of the European Communities

EN

21.11.2000

The effects which the project may have on the environment have already become apparent with the arrival
of the heavy machinery to be used for the construction work (which has led to the destruction of native
woodlands in the vicinity of the protected area known as the Desierto de Las Palmas Natural Park) and
with the setting off of explosions needed to blast out tunnels (which caused a fire to break out). The
project has been approved by the Spanish authorities, even though the statutory declaration of environ-
mental impact has not been produced. The only thing which does exist is a study which is quite inadequate
as a means of assessing environmental risks and which, in addition, does not exactly cover the route in its
final form since it does not include the town of Oropesa.

Furthermore, the study does not address essential considerations such as future emissions caused by
passing trains, the issue of waste, noise pollution or the micro-climatic effect of the embankments. In the
light of the facts set out above, the Spanish authorities could be infringing Community law, in particular
Directive 97/11/EC (1) on the assessment of the effects of certain public and private projects on the
environment.

Since, according to two billboards which have been erected at the construction site, the project is receiving
85 % of its funding from the EU via the Cohesion Fund, does the Commission not think that Community
funding for the construction work should be suspended until a proper environmental impact statement has
been drawn up?

Could the Commission say what stage it has reached in dealing with Petition No 99/4495, which was
submitted by the Asociaci(cid:243)n Benic(cid:224)ssim Pro Enterramiento del Ferrocarril?

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

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

(29 March 2000)

The Commission finds Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of
certain public and private projects on the environment (1) to be applicable to this project. It will not
hesitate to take all necessary steps to ensure compliance with Community law in this case.

In examining the complaint, the Commission will keep the complainant informed of developments.

(1) OJ L 175, 5.7.1985, amended by Directive 97/11/EC of 3.3.1997.

(2000/C 330 E/142)

WRITTEN QUESTION E-0329/00

by Mauro Nobilia (UEN) to the Commission

(11 February 2000)

Subject: Monopoly of the Italian Register of Shipping (R.I.N.A.)

The Italian Register of Shipping (R.I.N.A.), established in 1861, checks and inspects the seaworthiness and
safety of merchant ships. This body, governed by private law, has the task of classifying vessels and can
consequently issue the internationally valid safety certificates essential for navigation.

That being the case, could the Commission:

(cid:129) ascertain whether the fact that the R.I.N.A. is a body governed by private law is incompatible with the
monopoly powers which it exercises at national level for the purposes of certifying the safety of
merchant ships;

(cid:129) ascertain whether the fact that shipowners serve on the R.I.N.A. management board is contrary to
Community rules, since the shipowners are placed in the awkward position of supervising themselves;

(cid:129) take steps, if it thinks fit, with a view to setting up a supranational body to oversee the actions of

bodies such as the R.I.N.A.?