WRITTEN QUESTION E-1036/00 by María Sornosa Martínez (PSE) to the Commission. Fall in the water table in the Les Marínes region (Valencia, Spain).
Date: 2000-04-04
Institutions: European Parliament, Provisional data
Subjects: Community of Valencia, Spain, building industry, environmental impact, groundwater, infringement of EU law

C 46 E/108

Official Journal of the European Communities

EN

13.2.2001

Methyl-tertiary-butylether (MTBE) is on the third priority list, published in 1997, of priority substances for
assessment, as foreseen under Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation
and control of the risks of existing substances (1) (Commission Regulation (EC) No 143/97 of 27 January
1997 concerning the third list of priority substances as foreseen under Council Regulation (EEC) No 793/
93) (2). The Community risk assessment will address the possible environmental and human health
concerns in the Community, taking into account the American findings. When the risk assessment report
is finalised, it will be presented to the scientific committee for toxicity, eco-toxicity and the environment
for independent peer-review.

The Commission addressed in August 1999 a letter to Member States asking for information on whether
they have encountered any problems with (water) pollution due to MTBE. As, until now, most Member
States have not sent any information at all, the Commission is not in a position to make a firm assessment
of the situation. To the Commission(cid:146)s present knowledge (cid:129) based on limited information (cid:129) there are no
significant problems with MTBE in water at Community level. Concerning drinking water, it should be
pointed out that under the new Drinking Water Directive (Council Directive 98/83/EC of 3 November
1998 on the quality of water intended for human consumption (3)) a Member State is obliged to set values
for additional parameters not included in the Directive where the protection of human health within its
territory or part of it so requires (Article 5.3).

Risk reduction measures will be recommended in those areas where concerns have been indicated and
legislative measures taken, if appropriate. At this stage, the Commission will review the need to investigate
alternatives to MTBE.

In any case,
in the framework of the agricultural non-food set-aside scheme, the production of raw
materials like sugarbeet or cereals intended for renewable energy purposes like bio-ethanol is allowed,
which offers processors access to raw materials at relatively low prices.

(1) OJ L 84, 5.4.1993.
(2) OJ L 25, 28.1.1997.
(3) OJ L 330, 5.12.1998.

(2001/C 46 E/114)

WRITTEN QUESTION E-1036/00

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

(4 April 2000)

Subject: Fall in the water table in the Les Mar(cid:237)nes region (Valencia, Spain)

Residents, landowners and farmers from the municipality of DŁnia in the Les Mar(cid:237)nes region (Valencia)
have complained that the drainage operations conducted by the Blau Verd S.L. construction company prior
to laying the foundations of luxury flats have caused the water table in local wells to fall by more than 1,2
metres. These operations, which have not undergone a standard environmental impact assessment, are
under way on a former camping site, where the aforementioned company has installed a number of
pumps which work around the clock to draw off the water so that the foundations can then be laid.

The water which the system of pumps draws off is channelled directly into a drainage system flowing into
the sea, the result being that numerous litres of a resource in short supply are being wasted in an area
particularly hard hit by drought. The complainants maintain that this practice has already caused several
wells which had never previously lacked water to run dry, the result being that, in addition to the impact
on the irrigation of orange trees, which are important to local agriculture, there is the risk of an ecological
disaster occurring in the medium term. In fact, the complainants have described the squandering of badly
needed water supplies as (cid:145)an assault on the environment(cid:146).

13.2.2001

EN

Official Journal of the European Communities

C 46 E/109

The Water Framework Directive currently before the Conciliation Committee makes reference to the desire
to lessen the impact of human activity on the environmental status of the various river basins. With this in
mind, does the Commission take the view that the drainage system used in building the luxury flats could
amount to an environmental offence under Community legislation?

Does it not believe that there has been a definite breach of Directive 85/337/EEC (1), as amended by
Directive 97/11/EC (2), on the assessment of the effects of certain public and private projects on the
environment, over which Spain is currently involved in an infringement procedure before the Court of
Justice (Case C-474/99) for its failure to transpose the Directive properly and promptly?

(1) OJ L 175, 5.7.1985, p. 40.
(2) OJ L 73, 14.3.1997, p. 5.

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

(23 May 2000)

The Commission would point out that the Water Framework Directive has yet to enter into force.

As to whether the situation reported by the Honourable Member constitutes an (cid:145)environmental offence(cid:146)
under Community legislation, the fact is that this concept is unknown in Community law as it currently
stands. It falls to the courts of each Member State to determine whether it exists.

Article 2 of 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) stipulates that projects likely to have significant effects
on the environment by virtue, inter alia of their nature, size or location must be subject to an assessment
with regard to their effects before authorisation is granted. This provision applies to the projects listed in
Annexes I and II to the Directive.

If the project in question is covered by Directive 85/337/EEC, it would have to come under one of the
categories in Annex II (point 10(b) refers to urban development projects and point 11(a) refers to holiday
villages and hotel complexes). Article 4(2) of the Directive stipulates that projects of the classes listed in
Annex II must be made subject to an assessment where Member States consider that their characteristics so
require.

The Commission has already instituted infringement proceedings against Spain for failure to transpose
Directive 85/337/EEC properly into Spanish law, and has now decided to refer the matter to the Court of
Justice (2).

As guardian of the Treaties, the Commission will in any event take the necessary steps to ensure that
Community law is observed in this instance.

(1) OJ L 175, 5.7.1985.
(2) Case C-474/99.

(2001/C 46 E/115)

WRITTEN QUESTION E-1040/00

by Bart Staes (Verts/ALE) to the Commission

(4 April 2000)

Subject: Financial aid to the British oil industry

In her answer to Question E-0218/00 (1), Mrs de Palacio states that, since 1975, the Commission has
provided aid to the United Kingdom totalling € 189,05 million.