WRITTEN QUESTION E-1960/00 by Laura González Álvarez (GUE/NGL) to the Commission. Infringement of Community law: construction of the Melonares reservoir on the River Viar (Seville, Spain).
Date: 2000-06-21
Institutions: European Parliament, Provisional data
Subjects: Andalusia, application of EU law, engineering structure, environmental protection, impact study, project evaluation, protected area

C 81 E/118

Official Journal of the European Communities

EN

13.3.2001

1. What measures does the Commission intend to propose to address the imminent crisis in the peach
market? Does it intend to examine the possibility of increasing the quantity of subsidised peaches exports
to third countries and increasing Community aid for exports to third countries?

it examine the possibility of subsidising transport so as to facilitate exports, either by
2. Will
reintroducing provision of a former Community regulation implemented to address the problems caused
by the war in Bosnia (Regulation 3438/92 (1)) or through special aid measures?

(1) OJ L 350, 1.12.1992, p. 1.

Answer given by Mr Fischler on behalf of the Commission

(24 July 2000)

Current estimates of peach production indicate a level about 10 % lower than the initial harvest estimates,
and also one down on the harvest in 1999. Although producer prices were at comparable or even slightly
higher levels than in 1999 at the beginning of the marketing year, they have firmed up since. Additionally,
the very significant increase in exports to non-member countries in 1999 (in particular from Greece)
suggests good results on the export front in 2000.

With regard to peach and nectarine exports to non-member countries, Commission Regulation (EC)
No 1321/2000 of 22 June 2000 fixing export refunds in the fruit and vegetable sector (1) already provides
for an increase of about 15 000 tonnes in subsidisable volume at the beginning of marketing year
compared with what it is in normal times. In addition, the rate of refund for peaches and nectarines has
been kept at the same level as before while for other fruit and vegetables it has been cut by 10 %-20 % to
take account, in particular, of the strength of the US dollar.

As for possible transport aid, the Commission considers that an instrument of this type applied to Greek
consignments to other Member States is not an appropriate response to the problems of overproduction.

(1) OJ L 149, 23.6.2000.

(2001/C 81 E/142)

WRITTEN QUESTION E-1960/00

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

(21 June 2000)

Subject: Infringement of Community law: construction of the Melonares reservoir on the River Viar (Seville,

Spain)

By means of a resolution dated 13 October 1997 the Spanish Environment Ministry(cid:146)s Directorate-General
for Environmental Quality and Assessment issued an environmental impact statement in respect of the
projected Melonares dam and reservoir on the River Viar (Seville, Spain). The resolution highlights the
harmful effects which the project would have, since it would flood a significant part of the Sierra Norte
Natural Park which is protected under the Andalusia Regional Government(cid:146)s Law 2/89 laying down an
inventory of Andalusia(cid:146)s natural and protected areas and which is included in the Nature 2000 Network.
Construction of the reservoir would affect areas awarded priority status under Directive 92/43/EEC (1) on
the conservation of natural habitats and would flood some of the area which has been set aside as ZEPA
(area of special protection for water birds) No 53.

It is stated in the above resolution that authorisation for the building of the reservoir will be subject to the
fulfilment of a number of prerequisites, including the provision of a (cid:145)compensatory area(cid:146) to mitigate the
effects of flooding part of the park, and that the compensatory area must have the backing of (cid:145)a technical
scientific report drawn up by an eminent scientist or scientists who, taking into account the remarks made
by the CSIC [Senior Scientific Research Council] (Doæana Environmental Station), endorse the potential

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Official Journal of the European Communities

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feasibility of the proposed actions and the expectations of success(cid:146). However, the Doæana Environmental
Station has never endorsed either the project or the compensatory measures. This means that,
in the
documentation supplied in order to justify the project, the Confederaci(cid:243)n HidrogrÆfica del Guadalquivir
has falsified the CSIC data in maintaining that backing has been received.

What action is the Commission proposing to take in order to ensure that the Spanish authorities abide by
Community law and comply with Directives 79/409/EEC (2) and 92/43/EEC by halting the procedure
which has been initiated and abandoning plans to build the Melonares dam and reservoir on the River
Viar?

(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

(28 July 2000)

The dam for obtaining drinking water for the city of Seville (Andalucia) is located within the (cid:145)Sierra Norte(cid:146)
special protection area for birds (SPA) designated by the Spanish authorities under Council Directive 79/
409/EEC of 2 April 1979 on the conservation of wild birds (1), which covers approximately 170 000
hectares. The dam should flood 1 457 hectares, 328,5 of which are within the SPA.

It should be noted that this project was made subject to the procedure 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. (2) The environmental impact statement containing the Ministry of the Environment(cid:146)s opinion
on the project was published in the Spanish official journal of 24 November 1997 (BOE No 281).

With regard to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and
of wild fauna and flora, (3) we would point out that Article 6(3) and (4), which apply to SPAs, provide that
(cid:145)Any plan or project not directly connected with or necessary to the management of the site but likely to
have a significant effect thereon [(cid:133)] shall be subject to an appropriate assessment of its implications for
the site in view of the site(cid:146)s conservation objectives. In the light of the conclusions of the assessment of the
implications for the site [(cid:133)], the competent national authorities shall agree to the plan or project only
after having ascertained that it will not adversely affect the integrity of the site concerned and,
if
appropriate, after having obtained the opinion of the general public.(cid:146)

(cid:145)If, in spite of a negative assessment of the implications for the site and in the absence of alternative
solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public
interest, including those of a social or economic nature, the Member State shall take all compensatory
measures necessary to ensure that the overall coherence of Natura 2000 is protected. It shall inform the
Commission of the compensatory measures adopted.(cid:146)

It should be noted that the Commission has already been informed of the situation described by the
Honourable Member regarding the Melonares dam project and its possible environmental impact. The
Commission decided to open an own-initiative investigation in order to check whether the obligations
deriving from Article 6(3) and (4) of Directive 92/43/EEC had been fulfilled. It is currently examining the
matter and has already sent the Spanish authorities several requests for information and had several
meetings with them.

In any event, as guardian of the Treaties, the Commission will take the necessary steps to ensure that
Community law is observed in the case in question.

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

(2001/C 81 E/143)

WRITTEN QUESTION E-1963/00
by Maria Sanders-ten Holte (ELDR) to the Commission

Subject: Music teaching in the different Member States

(21 June 2000)

Music is taught at non-professional level by music schools or by primary and secondary schools. In music
schools, the emphasis is generally on making music oneself, whilst the teaching of music as part of general
education is more concerned with music appreciation. There appears to be good cooperation in some
Member States between music schools and normal schools as regards the teaching of music.