WRITTEN QUESTION E-0323/00 by Laura González Álvarez (GUE/NGL) to the Commission. Environmental impact of the planned airport at Castellón (Spain).
Date: 2000-02-11
Institutions: European Parliament, Provisional data
Subjects: Spain, airport, biotope, competence of the Member States, directive (EU), ecosystem, environmental impact, environmental protection, impact study, noise pollution, transport infrastructure

C 330 E/126

Official Journal of the European Communities

EN

21.11.2000

The Commission is not aware of the reasons given by the Spanish authorities justifying the refusal to pass
on information concerning the progress made by this project. In any case, Article 4 of Council Directive
90/313/EEC of 7 June 1990 (1), on the freedom of access to information on the environment provides that
a person who considers that his request for information has been unreasonably refused or ignored, or has
been inadequately answered by a public authority, may seek a judicial or administrative review of the
decision in accordance with the relevant national legal system.

(1) OJ L 158, 23.6.1990.

(2000/C 330 E/140)

WRITTEN QUESTION E-0323/00

by Laura GonzÆlez `lvarez (GUE/NGL) to the Commission

(11 February 2000)

Subject: Environmental impact of the planned airport at Castell(cid:243)n (Spain)

On the basis of a project involving the construction of airport facilities at Castell(cid:243)n and, additionally, a
special plan allowing protected land to be used for the construction of airport facilities, the Valencia
regional authorities are planning to build an airport in the vicinity of Bell-Lloc del Pla and Vilanova
d(cid:146)Alcolea.

According to the objections raised against the project, such an airport:

(cid:129) would seriously alter the various ecosystems in the area and have an adverse effect on a range of
habitats protected under Council Directive 92/43/EEC (1) and on wild birds protected under Directive
79/409/EEC (2), such as sylvia undata, caprimilgus europeus, galerida theklae and, in particular, circus
pyargus, the colony of which is the only one in Europe which nests on Mediterranean scrubland and
one of the few species which nests on natural vegetation. Furthermore, the airport would be located
close to Prat de Cabanes (the home of protected species) and to the Desierto de las Palmas nature area,
and also in an area crossed by migratory birds, with all the attendant risks to air traffic;

(cid:129) would have a significantly greater noise impact on people living in the vicinity than has been
calculated in an environmental impact study which is now obsolete on account of subsequent changes
made to the project;

(cid:129) would not be operational from the safety point of view on account of frequent morning and evening
mist and fog, hazardous winds and its location amongst mountains, circumstances which would be
aggravated by the alignment of the runway in a southwest-northeast direction (the only one possible
in view of the mountainous topography).

In view of all the above facts, could the Commission verify, with specific reference to this project, whether
or not the abovementioned directives have been complied with and could it ask the Spanish authorities to
halt, as a precautionary measure, any construction work or other activity in the area?

(1) OJ L 206, 22.7.1992, p. 7.
(2) OJ L 103, 25.4.1979, p. 1.

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

(31 March 2000)

Firstly, it should be noted that the area where the airport to which the Honourable Member refers is due to
be built has not been classified by the Spanish authorities as a special protection area for birds under
Article 4 of Council Directive 79/409/EEC (1) of 2 April 1979 on the conservation of wild birds. Neither
has it been identified by the scientific community as an (cid:145)important area for birds(cid:146) in the inventory prepared
for the Commission in 1998 by national experts and Birdlife. Moreover, the Spanish authorities have not
identified it as a site of Community importance for inclusion in the Natura 2000 network under Council

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).